Edmonton Zoning Bylaw Omnibus Amendments

ATTACHMENT 2

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Edmonton Zoning Bylaw – Omnibus Amendments
Item / Current Zoning Bylaw / Proposed Amendment / Rationale
1. Lot, Site, Corner Lot, Interior Lot, Corner Site, and Interior Site
1.01 / Not applicable. / Section 6.1(42):
Lot means “lot” as defined under Part 17 of the Municipal Government Act / The Zoning Bylaw currently includes an inconsistent use of the terms Site and Lot. These terms are often used inter-changeably whereas they can sometimes refer to distinctly different things. The Bylaw defines Site as “an area of land consisting of one or more abutting lots” (Section 65). If a Site consists of only a single lot, then Site and Lotare identical. However, in an instance when a Site consists of more than one lot, then Site and Lotare different. This is particularly confusing in the sections of the Zoning Bylaw related to Corner Lots, Corner Sites, Interior Lots, and Interior Sites.
The Zoning Bylaw currently only contains definitions for Site, Corner Lot, and Interior Site.
The proposed Zoning Bylaw amendment attempts to alleviate confusion and inconsistency by adding the following definitions to the Zoning Bylaw:

Lot;
Corner Site; and
Interior Lot.

1.02 / Section 6.1(16):
Corner Lot means:

a lot located at the intersection of two public roadways, other than Lanes; or
a lot located abutting a public roadway, other than a Lane, which changes direction at any point where it abuts the lot;

Provided that in both cases the lot shall not be considered a Corner Lot where the contained angle formed by the intersection or change of direction is an angle of more than 135degrees. In the case of a curved corner, the angle shall be determined by the lines tangent to the property line abutting the public roadways, provided the roadway is not a Lane, at the point which is the extremity of that property line. In the case of a curved corner, the point which is the actual corner of the lot shall be that point on the property line abutting the public roadway, provided the roadway is not a Lane, which is nearest to the point of intersection of the tangent lines. / Section 6.1(16):
Corner Lot means:

a Lot located at the intersection of two public roadways, other than Lanes; or

a Lot located abutting a public roadway, other than a Lane, which changes direction at any point where it abuts the Lot;

provided that in both cases the Lotshall not be considered a Corner Lot where the contained angle formed by the intersection or change of direction is an angle of more than 135degrees. In the case of a curved corner, the angle shall be determined by the lines tangent to the property line abutting the public roadways, provided the roadway is not a Lane, at the point which is the extremity of that property line. In the case of a curved corner, the point which is the actual corner of the Lotshall be that point on the property line abutting the public roadway, provided the roadway is not a Lane, which is nearest to the point of intersection of the tangent lines.

Examples / Now that Lot is a defined term within the Zoning Bylaw, this term should be capitalized. Therefore, the definition of Corner Lot is being amended accordingly.
1.03 / Not applicable. / Section 6.1(38):
Interior Lot means any Lot other than a Corner Lot.

Examples / Refer to rationale for Item 1.01.
1.04 / Section 6.1(37):
Interior Site means any Site other than a corner Site; / Section 6.1(39):
Interior Site means any Site other than a Corner Site.

Examples / Now that Corner Site is a defined term within the Zoning Bylaw, this term should be capitalized. Therefore, the definition of Interior Site is being amended accordingly.
1.05 / Section 6.1(65):
Site means an area of land consisting of one or more abutting lots; / Section 6.1(69):
Site means an area of land consisting of one or more abutting Lots; / Now that Lot is a defined term within the Zoning Bylaw, this term should be capitalized. Therefore, the definition of Site is being amended accordingly.
1.06 / Not applicable. / Section 6.1(17):
Corner Site means an area of land consisting of one or more adjacent Lots where at least one Lot is:

located at the intersection of two public roadways, other than Lanes; or

abuts a public roadway, other than a Lane, which changes direction at any point where it abuts the Site;

provided that in both cases the Site shall not be considered a Corner Site where the contained angle formed by the intersection or change of direction is an angle of more than 135degrees. In the case of a curved corner, the angle shall be determined by the lines tangent to the property line abutting the public roadways, provided the roadway is not a Lane, at the point which is the extremity of that property line. In the case of a curved corner, the point which is the actual corner of the Site shall be that point on the property line abutting the public roadway, provided the roadway is not a Lane, which is nearest to the point of intersection of the tangent lines. / Refer to rationale for Item 1.01.
2. Privacy Zone
2.01 / Not applicable. / Section 6.1(54):
Privacy Zone means an area within the minimum Separation Space which shall be free of buildings, public roadways, walkways, on-site roadways, communal parking areas and communal Amenity Areas. / Privacy Zone is currently defined in, and limited to, Section 48 regarding Separation Space in the Zoning Bylaw. The proposed Zoning Bylaw amendment will add Privacy Zone to the list of definitions in Section 6.1 which will allow the use of Privacy Zone throughout the entire Zoning Bylaw.
2.02 / Section 48.1(5)
For the purposes of this Section48, Privacy Zone shall mean an area within the minimum Separation Space which shall be free of buildings, public roadways, walkways, on-site roadways, communal parking areas and communal Amenity Areas. / Deleted. / Refer to rationale for Item 2.01.
3. Dwelling and Household
3.01 / Section 6.1(22)
Dwelling means one or more self-contained rooms provided with sleeping and cooking facilities, intended for domestic use, and used or intended to be used permanently or semi-permanently as a residence for a Household and either up to two lodgers, roomers or boarders; / Section 6.1(23):
Dwelling means one or more self-contained rooms provided with sleeping and cooking facilities, intended for domestic use, and used or intended to be used permanently or semi-permanently as a residence with up to two lodgers, roomers or boarders included within a Household provided that the total number of persons does not exceed seven. / The Zoning Bylaw currently contains an inconsistency between the definition of a Dwelling and a Household. As presently defined in the Zoning Bylaw, a Household can contain up to five unrelated people. The definition of a Dwelling allows for a Household plus two lodgers, roomers or boarders. Therefore, a Dwelling could contain up to seven unrelated people whereas a Household can only include up to five members.
The proposed Zoning Bylaw amendment will allow a maximum of seven unrelated persons for both a Household or a Dwelling.
3.02 / Section 6.1(36):
Household means:

a person; or
two or more persons related by blood, marriage or adoption; or
a group of not more than five persons who are not related by blood, marriage, or adoption; or
a combination of (b) and (c), provided that the total of the combination does not exceed five;

all living together as a single housekeeping group and using cooking facilities shared in common. A Household may also include domestic servants; / Section 6.1(37):
Household means:

a person; or
two or more persons related by blood, marriage or adoption; or

a group of not more than seven persons who are not related by blood, marriage, or adoption; or

a combination of (b) and (c), provided that the total of the combination does not exceed seven;

all living together as a single housekeeping group and using cooking facilities shared in common. A Household may also include domestic servants; / Refer to rationale for Item 3.01.
4. Commercial Vehicles in Residential Zones
4.01 / Section 45.1

No person shall keep in any part of a Site in any Residential Zone:

any commercial vehicle, loaded or unloaded, of a maximum gross vehicle weight (G.V.W.) exceeding 4500kg; or

more than one commercial vehicle of a maximum gross vehicle weight (G.V.W.) of 4000kg or less, for longer than is reasonably necessary to load or unload such vehicle.

/ Section 45.1

No person shall keep in any part of a Site in any Residential Zone:

any commercial vehicle, loaded or unloaded, of a maximum gross vehicle weight (G.V.W.) exceeding 4500kg; or

more than one commercial vehicle of a maximum gross vehicle weight (G.V.W.) of 4500kg or less, for longer than is reasonably necessary to load or unload such vehicle.

/ The wording of Section 45.1 of the Zoning Bylaw regarding Objects Prohibited or Restricted in Residential Zones does not provide regulation for commercial vehicles between 4000kg and 4500kg.
The proposed Zoning Bylaw amendment will amend Section 45 so that it also covers commercial vehicles in this weight class. The amendment will also include images to graphically depict the various types of commercial vehicles.
5. Natural Area Protection Zone
5.01 / Section 50.4(1)
1.Purpose of the AccessoryBuilding:
In accordance with the Natural Area Management Plan for a specific Natural Area, an AccessoryBuilding can only be constructed for the specific purpose of servicing the Natural. / Section 50.4(1)
1. Purpose of the AccessoryBuilding:
In accordance with the Natural Area Management Plan for a specific Natural Area, an AccessoryBuilding can only be constructed for the specific purpose of servicing the Natural Area. / A typographical omission occurred at the time Bylaw 14679 was approved. The word “Area” was inadvertently omitted from the end of the sentence in Section 50.4(1) in Bylaw 14679.
The proposed Zoning Bylaw amendment will correct this and will not change the meaning or intent of the regulation.
6. Dry Pond
6.01 / Section 7.7(3)
Essential Utility Services means development which is part of the infrastructure of a principal utility, pumping stations, electrical power transformers, underground water reservoirs and wells. Typical uses include regulating stations. / Section 7.7(3)
Essential Utility Services means development which is part of the infrastructure of a principal utility, pumping stations, electrical power transformers, underground water reservoirs, wells, and dry ponds used for both storm water management and recreation or parks purposes. Typical uses include regulating stations and dry ponds. / The proposed Zoning Bylaw amendment will add Dry Ponds to the list of typical uses in the definitions of Minor Impact Utility Services and Essential Utility Services.
Dry ponds are a typical use in the Minor Impact Utility Services Use Class for new developments. Dry ponds are a typical use in the Essential Utility Services Use Class for specialized retrofit circumstances in existing built-up areas.
6.02 / Section 7.7(7)
Minor Impact Utility Services means development for public utility infrastructural purposes which is likely to have some impact on the environment or adjacent land Uses by virtue of its appearance, noise, size, Traffic Generation or operational characteristics. Typical Uses in this Use class include vehicle, equipment and material storage yards for utilities and services; telephone exchanges; wire centres; switching centres; snow dumping sites; Light Rail Transit stations; transit bus terminals, depots and transfer facilities; surface reservoirs or storm water lakes; water towers; hydrospheres; water treatment plants; power terminal and distributing substations; communication towers and gate stations for natural gas distribution. / Section 7.7(7)
Minor Impact Utility Services means development for public utility infrastructural purposes which is likely to have some impact on the environment or adjacent land Uses by virtue of its appearance, noise, size, Traffic Generation or operational characteristics. Typical Uses in this Use class include vehicle, equipment and material storage yards for utilities and services; telephone exchanges; wire centres; switching centres; snow dumping sites; Light Rail Transit stations; transit bus terminals, depots and transfer facilities; surface reservoirs; storm water management facilities, including lakes, wetlands and dry ponds; water towers; hydrospheres; water treatment plants; power terminal and distributing substations; communication towers and gate stations for natural gas distribution. / Refer to rationale for Item 6.01 above.