PART 6 GENERAL REGULATIONS 6.1 GENERAL PROVISIONS (1) The general development regulations of this Section prevail in all districts. Where there appears to be a conflict with the regulations in other Sections, these regulations apply unless those Sections specifically exclude or modify these general development regulations. 6.2 ACCESSORY BUILDING OR USE (1) General Requirements for all Accessory Buildings (e) (f) (g) (h) (i) Where an accessory building is attached to the main building, it shall be considered to be part of the main building and shall be subject to the setbacks required for the principal building. Accessory buildings shall not be constructed over an easement. Notwithstanding any setback provisions of this Section, an accessory building may be required to have a greater setback to protect utilities and utility rights-of-way as may be required by the Development Authority. Accessory buildings shall not encroach onto, or over adjacent properties. Accessory buildings shall be constructed in conformance with the current Alberta Safety Codes standards. Where a greater setback is required in accordance with the Alberta Building Code or Alberta Fire Code, the distances required by the Alberta Building Code or Alberta Fire Code shall prevail. Accessory buildings shall not be used for human habitation, unless the Development Authority has granted approval for use as a secondary suite. An accessory building shall not be located in a required front yard. Location on an irregular shaped lot shall be as required by the Development Authority. The total area of accessory buildings on an individual parcel shall not exceed a site coverage of 14% nor an area of 140.0 square metres. (2) Residential Land Use Districts Detached Garages If the accessory building is a detached garage, The City of Cold Lake Land Use Bylaw 382-LU-10 (Consolidated June 2013) 55
(i) (ii) (iii) (iv) The garage shall not exceed a maximum one storey or 5.00 metres in height, measured to the peak of the roof. Accessory buildings shall be located no closer than 1.50 metres from the side lot line unless it is a mutual garage erected on the common property line. In the case of a mutual garage the wall erected on the property line shall be constructed of brick, stone, or equivalent fire resistant material. A party wall agreement, satisfactory to the Development Authority, shall be signed by both owners and registered against both property titles at the Land Titles Office. Where a lane is provided, access to the garage must be off the lane or flanking roadway. located on a corner lot, a minimum setback of 4.00 metres is required from the property line to the entrance of the garage and a minimum setback of 1.50 metres is required from the side wall of the garage to the rear property line (see following diagram). Where a right-of-way exists along the rear property line, the garage setback requirement may increase to insure that the structure does not encroach upon the right-of-way. (v) with its garage door facing the lane, a minimum setback of 1.5 metres or 6.00 metres is required between the entrance of the garage and the rear lot line (see following diagram). Where a right-of-way exists along the rear property line, the garage setback requirement may increase to ensure that the structure does not encroach upon the right-of-way; or 56 The City of Cold Lake Land Use Bylaw (Consolidated June 2013)
(vi) with its garage door facing a side lot line, a minimum setback of 6 metres is required between the entrance of the garage and the side lot line, together with a setback of 1.50 metres required between the side wall of the garage and the rear lot line (see following diagram). Where a right-of-way exists along the rear property line, the garage setback requirement may increase to ensure that the structure does not encroach upon the right-of-way. The separation distance between the entrance of the garage and the side lot line may be extended at the discretion of the Development Officer, to ensure that vehicles may manoeuvre adequately to enter and leave the site. The City of Cold Lake Land Use Bylaw 382-LU-10 (Consolidated June 2013) 57
(vii) In the case of an interior lot with no rear lane or flanking roadway, the garage C be set back a minimum 1.5 metres from the side property. Where a right-of-way exists along the rear or side property line, the garage setback requirement may increase to ensure that the structure does not encroach upon the right-of-way. Where a site requires vehicular access to a garage from the front street, one side yard setback for the principal building must be a minimum of 3 metres. Garage and Garden Suites Garage and garden suites shall be developed in accordance with the following regulations: (i) (ii) (iii) (iv) (v) The maximum roof peak height for a garage with a garage suite above shall be 7.00 metres. No decks are allowed on garage suite roofs. Balconies may be permitted in association with a garage suite only where the balcony faces a lane or flanking roadway. The minimum side yard for that portion of a detached garage that contains a garage suite shall be the same as that for the principal dwelling in the zoning district. Windows contained within the garage suite portion of a detached garage shall be placed and sized in order to minimize overlooking into yards and windows of adjacent properties, using techniques such as: (A) (B) (C) Off-setting window placement in order to prevent or limit direct views of side and/or rear yard amenity areas for adjacent residential properties. Strategic placement of windows in conjunction with established landscaping or the location of existing accessory structures. The placement of larger windows for the garage suite to face a lane or a flanking street. Sheds If the accessory building is a shed: (i) (ii) shall not exceed one storey or 4 metres in height, measured to the peak of the roof. Shall be set back a minimum 1.0 metre from a rear or side property boundary. Where a right-of-way exists along the rear or side property line, the shed setback requirement may be increased, to ensure that the structure does not encroach upon the right-of-way. 58 The City of Cold Lake Land Use Bylaw (Consolidated June 2013)
(iii) In the case of a shed proposed in a rear yard of a corner lot, which abuts the side yard of an adjacent parcel, the shed shall be no closer than 2.00 metres from the property boundary with the adjacent parcel. (3) Commercial and Industrial Accessory Buildings In respect of accessory buildings on commercial and industrial lots: Accessory buildings shall have the same height and setback requirements as for the principal building in the district. At the discretion of the Development Authority, accessory buildings may be located in front of the principal building where the intended use is ancillary to the use of the principal building. Accessory buildings located in front of a principal building shall not be used for storage. 6.3 AIRPORT APPROACH ZONE (1) In determining an application for a development located wholly or partly in the Airport Approach Zone, as shown on Schedule B, the Development Authority shall refer the application to Transport Canada for their review. Based on the comments received, the Development Authority may refuse an application if a proposed development is determined to be unsuitable to be located within the Airport Approach Zone. 6.4 BERMS AND RETAINING WALLS (1) Unless otherwise provided for in this Bylaw, the provision of a retaining wall or a berm in any District shall be as required by the Development Authority. (2) A development permit application for a retaining wall or a berm shall require a Lot Grading Plan. (3) A retaining wall or a berm shall comply with the current Alberta Safety Codes Act. (4) No berms or retaining walls shall be built on public lands. The City of Cold Lake Land Use Bylaw 382-LU-10 (Consolidated June 2013) 59
6.5 CORNER LOT RESTRICTIONS (1) On a corner lot in all Districts, no fence, wall, tree, hedge or similar features including building structure exceeding 0.90 metre in height above grade shall be permitted in a corner visibility triangle created by the property lines that form the corner and a straight line connecting the two points 6.00 metres back along these property lines measured from their intersection. 6.6 CUL-DE-SACS (1) Calculating Lot Width in a Cul-de-sac: The minimum lot width on an irregular-shaped lot shall be the mean horizontal measurement of the lot (2) Calculating Lot Length in a Cul-de-sac: For a pie shaped lot located in a cul-de-sac, the minimum length shall be equal to the radius of the cul-de-sac bulb minus one half of the road right of way width, subtracted from the typical minimum lot length as shown in the following figure: 60 The City of Cold Lake Land Use Bylaw (Consolidated June 2013)
6.7 DECKS (1) A deck shall: be located at least 1.00 metre from the side property line, except in the case of duplex/semi-detached, multiplex and row housing, where 0 (zero) setback may be permitted where the property shares a common wall with an attached dwelling; notwithstanding above, be located at least 2.00 metres from the side property line on the street side of a corner lot; pursuant to Section 6.5(1) may not be located within the corner visibility triangle; and Project up to a maximum 50% into a required front or rear yard provided that, in respect of a front yard projection, the Development Authority is satisfied that the structure would not forma prominent nor obtrusive feature within the street scene and would not detract from the character of the neighbourhood. (2) A covered or enclosed deck shall be considered an addition to the principal building, shall be included in the calculation of lot coverage according to the district where it is located, and is required to meet the district requirements for the principal building. (3) Notwithstanding Section 6.7(1), when a deck is not more than 0.60 metres above grade at any point, it may be located next to a side or rear property line. 6.8 NUMBER OF DWELLING UNITS ON A PARCEL (1) Where a land use district allows for dwelling units, no more than one dwelling unit shall be developed on a parcel, except that: A duplex dwelling may be developed on a parcel if the proposed development conforms with the use and rules prescribed for that parcel; One secondary suite may be developed on a parcel where the land use district allows for the development of such suites; The Development Authority may approve a development permit that would allow the development of more than one dwelling unit on a parcel if the proposed development conforms with the use prescribed for that parcel and the additional dwelling unit (s), or units; (i) Is contained in a building that is designed for, or divided into one or more dwelling units (such as an apartment); (ii) Is a manufactured (mobile) home forming part of a manufactured (mobile) home park; or The City of Cold Lake Land Use Bylaw 382-LU-10 (Consolidated June 2013) 61
(iii) Is contained in a building, as defined in the Condominium Property Act, that is the subject of a condominium plan to be registered in the Land Titles Office under that Act. 6.9 ENVIRONMENTALLY SENSITIVE LANDS: DEVELOPMENT NEAR LANDS SUBJECT TO FLOODING, ADJACENT TO WATERCOURSES AND STEEPER SLOPES (1) On lands identified as environmentally sensitive, City Council and/or the Development Authority may require the following information to be submitted as part of a development permit application, an application to amend this Bylaw, an application for subdivision approval, an application to amend a statutory plan, or an appeal: A geotechnical study, prepared by a registered professional engineer, addressing the proposed development. The geotechnical study will establish building setbacks from property lines based on the land characteristics of the subject property; A certificate from a registered professional engineer certifying that the design of the proposed development was undertaken with full knowledge of the soil and/or slope conditions of the subject property; and A certificate from a registered professional engineer when the proposed development includes cut and/or fill sections on slopes, including the addition of fill on the subject property. (2) The applicant shall be responsible for the expense of the geotechnical study or certificate. The City, at its discretion, may seek an independent review of a geotechnical analysis submitted by an applicant. (3) No development shall be permitted within the 1 in 100 year flood line as established by Alberta Environment. (4) A minimum setback of 50.00 metres is required from the top of bank of watercourses. This should consist of 30.00 metres Environmental Reserve (ER) dedication as required by the MDP, with the balance of 20.00 metres taken as Environmental Reserve (ER), Municipal Reserve (MR) and / or conservation easement. The 30.00 metres shall commence from the 1 in 100 year flood line unless a discernable top of bank exists beyond this. The embankment is often geotechnical containment and therefore the 50.00 metres setback shall commence beyond this. To enable the determination of top of bank setbacks in Section 6.8(2), the applicant shall undertake a top of bank survey for the subject watercourse as a condition of the development permit. 62 The City of Cold Lake Land Use Bylaw (Consolidated June 2013)
WATER- COURSE MIN 30 m (ER) MIN 20 m (ER), (MR) and / or CONSERVATION EASEMENT HIGH WATER MARK TOP OF BANK TRAIL (5) Notwithstanding the provisions of Section 6.9 (4) above, the City will require a minimum setback of 15-30 metres, from top-of-bank of a watercourse, in accordance with Department of Fisheries and Oceans requirements. (6) Land dedicated as Environmental Reserve shall be left in its natural state. (7) The minimum setback in Section 6.9(4) may be reduced at the discretion of the Development Authority where a watercourse is considered to be of a minor nature and there is no risk of adverse effect on development or the environment as determined by the Development Authority. (8) The Development Authority may increase any required setback or yard for any permitted or discretionary use where the regulation in the District would allow development that may be detrimental to the preservation of shoreland or environmentally sensitive areas, may be affected by being in a floodplain or in proximity to steep or unstable slopes, or may increase the degree of hazard. (9) Trees shall not be cut, felled or removed on lands identified as environmentally sensitive, without the prior approval of the Development Authority. (10) The following uses shall be prohibited on lands that are identified as environmentally sensitive, unless a geotechnical study, signed by a registered professional engineer is submitted as part of a Development Permit application, to the satisfaction of the Development Authority: (e) Swimming pools; Automated underground lawn sprinkler systems; Ornamental pools; Outdoor water retention facilities; and Other, similar developments. The City of Cold Lake Land Use Bylaw 382-LU-10 (Consolidated June 2013) 63
(11) Notwithstanding any building or structure listed as either permitted or discretionary in this Bylaw, including accessory buildings and uses, an application for development on land identified as environmentally sensitive may be refused by the Development Authority if it is determined that the proposed development will negatively impact the environmentally sensitive lands. (12) The Development Authority may require the applicant to enter into a restrictive covenant in a form acceptable to the Development Authority which will be registered in the Land Titles Office. 6.10 EXCAVATION (1) The Development Authority will consider every application to excavate land as a discretionary use - Development Officer approval within the designated land use District of this Bylaw which affects the subject land unless exempted by Section 3.2. (2) The Development Authority shall require the following information to accompany every application to excavate land: a plan illustrating the location, boundaries of the site and depth of excavation; a description of the proposed operation; the existing land use and vegetation; the proposed timing and phasing program; (3) The Development Authority may also require the following additional information: a plan showing land reclamation proposals, where applicable, upon the eventual completion of the operation; and a written explanation of the precautions to be taken to ensure minimal dust and environmental disturbance. 6.11 FENCES, WALLS, GATE OR OTHER MEANS OF ENCLOSURE (1) For the purposes of this section, fences, walls, gates and other means of enclosure shall be measured from grade levels. (2) No fence, wall, gate or other means of enclosure in a residential District shall be: higher than 1.80 metres in side and rear yards; higher than 0.90 metre in front yards; 0.90 metre in height within 6.00 metres of the right-of-way of a public road and or the intersection of lanes or a street and lane. 64 The City of Cold Lake Land Use Bylaw (Consolidated June 2013)
(3) Notwithstanding the provisions of subsection (2) above, the Development Authority may issue a permit for a fence, wall, gate or other means of enclosure above the specified height limitations in such cases where the Development Authority is satisfied that the proposed height of the structure will not adversely affect the amenities enjoyed by neighbouring property owners and would not detract from the visual amenities of the locality. (4) Residential dwellings constructed after March 1, 2010 shall require any fence, wall, gate or other means of enclosure to be set back a minimum 3 metres from the front building corner where utility meters and associated service lines are located in proximity of the building corner. (5) The height of a fence, wall, gate or other means of enclosure in any commercial or industrial districts shall be at the discretion of the Development Authority. (6) Commercial and industrial developments in or adjacent to residential areas must be screened by a fence, wall or other means of enclosure to the satisfaction of the Development Authority. (7) Electrical devices, razor or barbed wire shall not be allowed to be connected to fences, walls, gates or other means of enclosure. (8) No private fences, walls, or other means of enclosure shall be built on public lands, unless prior approval has been granted by the City. In such cases, the City will require an encroachment agreement and said private fence, wall or other means of enclosure shall be removed at such time as specified in the encroachment agreement. 6.12 HOME BASED BUSINESS (1) A minor home based business should have no on-site visiting of clients. The City of Cold Lake Land Use Bylaw 382-LU-10 (Consolidated June 2013) 65
(2) A minor home based business shall comply with the following: (e) the business must be located in the principal dwelling or accessory building(s), subject to approval of the Development Authority; no person other than the resident(s) of the property may work on-site in the business; no offensive noise, vibration, smoke, dust, odour, heat or glare detectable beyond the property boundary shall be produced by the business as determined by the Development Authority; any storage of materials, equipment or products related to the business must be located within the principal dwelling or accessory building(s). No exterior storage shall be permitted; and no exterior advertisement other than an identification sign approved by the Development Authority shall be permitted. (3) A major home based business shall comply with the following: (e) (f) the business shall be operated by the resident(s) of the property, and not more than two (2) non-resident employees or non-resident business partners may work on-site in the business; no offensive noise, vibration, smoke, dust, odour, heat or glare detectable beyond the property boundary shall be produced by the business, as determined by the Development Authority; the business shall not have an unreasonable number of late visits of clients, or cause traffic congestion or excessive on-street parking, as determined by the Development Authority; any outdoor storage of materials, equipment or vehicles associated with the business on the site must be suitably screened from view to the satisfaction of the Development Authority; the business must be located in the principal dwelling and/or an accessory building(s) subject to approval of the Development Authority; and no exterior advertisement other than an identification sign approved by the Development Authority shall be permitted. (4) The Development Authority may, at any time revoke a development permit issued for a home based business if, in the opinion of the Development Authority, the home business conflicts with its attending regulations or becomes a detriment to the amenities of the neighbourhood. (5) A development permit issued for a home based business does not exempt compliance with the current Alberta Safety Code requirements. 66 The City of Cold Lake Land Use Bylaw (Consolidated June 2013)
6.13 INTERMODAL STORAGE CONTAINERS (1) The placement of an intermodal container on an existing commercial, industrial or public property and not associated with storage for new construction requires a development permit and will be considered in accordance with the provisions for accessory buildings. (2) The placement of an intermodal container on residential property is prohibited, unless it is required for on-site storage while a building is under construction, or a site is being developed. (3) The placement of an intermodal container on commercial, industrial or public property must meet the yard setback requirements of the particular district. (4) Intermodal containers shall not be placed on landscaped areas, designated parking and loading/unloading areas and shall not restrict site drainage. (5) Intermodal containers placed on commercial, industrial or public sites shall be fully painted and free of graffiti and thereafter maintained in such condition to the satisfaction of the Development Authority. 6.14 IDENTIFICATION OF PROPERTY BOUNDARIES (1) The Development Officer may require that the boundaries of a parcel on which a proposed development is to occur, be clearly identified by appropriate markers or pins. 6.15 LOT GRADING (1) Unless lot grading is exempted by Section 3.2 from the requirement for a development permit, every application for site grading is considered a Discretionary Use - Development Officer within the designated land use district of this Bylaw which affects the subject land. (2) As part of a required lot grading development permit, an applicant shall submit plans and commentary in addition to the information requirements of Section 3.4(1), as follows: (e) proposed access and hauling activities; the location and dimensions of the proposed disturbed areas; the existing land use and vegetation; a description of the site restoration; and proposals for preventing nuisance from dust and erosion. (3) In considering whether to approve lot grading as a discretionary use as described in Section 6.13(1), the Development Authority may have additional due regard for: the general purpose of the district in which the site is located and the future use of the site as proposed in a reclamation plan; The City of Cold Lake Land Use Bylaw 382-LU-10 (Consolidated June 2013) 67
(e) (f) (g) (h) the provisions of the Municipal Development Plan and any relevant statutory plan; a statement of the effect on watercourses and drainage patterns; the geotechnical report; conservation of designated historical resources; environmentally sensitive areas; conservation of watercourses, maintenance of positive drainage, and potential drainage effects on adjacent or nearby properties; and the safety and the potential nuisance effect on adjacent properties. (4) The proposed building grade shall, to the extent practical, retain the natural contour of the land, minimize the necessity to use retaining walls, and ensure positive drainage to appropriate receiving watercourses. 6.16 REFUSE STORAGE AREAS (1) Refuse shall be stored in weatherproof, bird proof and animal proof containers screened from adjacent sites and public thoroughfares and shall be in an easily accessible location. 6.17 RELOCATION OF EXISTING BUILDINGS (1) A structure may be relocated within the City of Cold Lake subject to the following conditions: Individuals who propose to relocate a structure within the Municipality shall be required to apply for a development permit, building permit, and all other applicable Safety Codes Permits. Relocated structures will be required to meet the specific land use provisions for the district to which the structure is to be relocated, together with any other general or specific regulations contained within this Bylaw. In considering an application for the relocation of a structure, the Development Authority shall ensure that the size, design and architectural appearance of the structure is compatible with surrounding buildings. A letter of credit in the Name of the City of Cold Lake may be required containing 50% estimated amounts (dollar value) of the following: (i) (ii) (iii) cost of moving cost of installing a foundation cost of placing and securing the structure on foundation 68 The City of Cold Lake Land Use Bylaw (Consolidated June 2013)
(iv) (v) cost to make structure suitable for occupancy (water, sewer, power, gas) cost of landscaping of the lot (e) Completion: (i) (ii) Residential projects must be completed within 12 months from the issuance of a Development Permit. All other types of projects must be completed as per a Development Agreement. (f) (g) (h) (i) (j) The City of Cold Lake may act on the letter of credit to complete the project to the standard indicated in the Development Permit or Development Agreement. The Letter of credit will be released once all the conditions are met and a Development Completion Certificate is issued. The Letter of credit may be reduced by the Development Authority as individual conditions have been met. A Development Agreement may also be required to service the lot. Site conditions during construction must be maintained to ensure adequate drainage, dust and debris control. 6.18 RESTRICTED OBJECTS IN YARDS (1) No person shall keep in any part of a yard in the following Districts within the corporate limits of the City: In any District, any unlicensed, dismantled or wrecked vehicles, unless suitably housed or screened from public view and adjoining lots, to the satisfaction of the Development Authority; In any District, any object which, in the opinion of the Development Authority is unsightly, or negatively affects the aesthetics or amenities of the area; any excavation, stockpiling of construction materials unless required for immediate construction needs; Recreational Vehicles: (i) (ii) In any residential District, no more than two recreational vehicles present on a regular basis on a detached dwelling lot, provided they are not used for living or sleeping accommodation while stored on the site; In all other Districts recreational vehicles may be stored on a regular basis, provided they are not used for living or sleeping accommodation while stored on the site; and The City of Cold Lake Land Use Bylaw 382-LU-10 (Consolidated June 2013) 69
(e) In any residential District, any commercial vehicle or heavy equipment in excess of 3,969 kg maximum weight. 6.19 SECONDARY SUITES (1) Secondary suites shall be restricted to the districts listed according to PART 12 of this Bylaw. (2) A maximum of one (1) secondary suite is permitted on an individual parcel. (3) A principal residential use shall exist on a parcel prior to the application for a development permit for a secondary suite. (4) The appearance and design of a secondary suite developed as a separate building to the principal building on a parcel shall be compatible with the appearance and design of said principal building, to the satisfaction of the Development Authority. (5) A secondary suite shall at all times remain accessory to and subordinate to the principal dwelling on the parcel. The registered owner of the lot shall not subdivide title for the secondary suite. The restriction of subdivision shall be fundamental to the secondary suite use. (6) A secondary suite located within an accessory building on a parcel shall have full utility services through service connection from the principal residential building on the parcel. (7) Secondary suites shall comply with the Alberta Building Code and any other applicable municipal, provincial or federal regulations. (8) At least one on-site parking space shall be provided for a secondary suite in addition to the parking requirements for the principal dwelling pursuant to PART 10 of this Bylaw. A secondary suite with more than two (2) bedrooms shall have two off-street parking spaces. (9) Parking spaces for the secondary suite shall be available for the exclusive and unrestricted use of the occupants of the secondary suite. (10) Secondary suites shall create minimal structural changes to the external appearance of the front elevation of the principal residential building. (11) A Secondary suite shall not be developed within the same dwelling containing a group home, Bed and Breakfast, Boarding houses, Family Day Homes or Group Homes. (12) In considering a Development Permit application for a secondary suite, the Development Authority will require to be satisfied that: The creation of the secondary suite would not interfere with, or affect the use and enjoyment of adjacent properties; The secondary suite is compatible in appearance and design to the principal building on the parcel; 70 The City of Cold Lake Land Use Bylaw (Consolidated June 2013)
The secondary suite would not result in excessive demand on municipal services, utilities and public roadway access; The creation a secondary suite would not cause a building to become a duplex, semidetached dwelling, row housing, or an apartment. 6.20 SOIL RECLAMATION (1) Unless exempted in Section 3.2, the Development Authority may require, as a condition of a development permit that the owner or the applicant provide a guaranteed security to ensure that reclamation is complete, which may take the following forms: cash to a value equal to 25% of the established reclamation costs; (i) If cash is offered as the reclamation security, the City of Cold Lake shall hold it, without interest payable, until the reclamation has been completed and the Development Authority is satisfied through site inspection that this has occurred. an irrevocable and automatically renewable letter of credit having the value equivalent to 25% of the established reclamation costs. (i) If a letter of credit is offered as the reclamation security, it shall be in a form satisfactory to the City of Cold Lake. The initial term of the letter of credit shall be one year. The letter of credit shall be renewed for a further term by the owner 30 days prior to expiry. This process shall be repeated as many times as is necessary so that the letter of credit is maintained until the completion of reclamation has occurred as determined by and to the satisfaction of the Development Authority. (2) The applicant, owner or the owner s representative, based on the information provided in the reclamation plan, shall calculate the reclamation costs. If the Development Authority does not accept the costs identified by the owner or the owner s representative, the Development Authority may establish a higher reclamation cost figure for the purpose of determining the value of the reclamation security. (3) The applicant, owner or the owner s representative shall notify the City of Cold Lake in order to provide proof to the Development Authority that the soil has been reclaimed in accordance with the requirements of the approved reclamation plan. If reclamation is satisfactory to the Development Authority, the letter of credit may be released. (4) The Development Authority may require renewal of the letter of credit until satisfactory proof of reclamation are provided by the applicant, owner or the owner s representative. The City of Cold Lake Land Use Bylaw 382-LU-10 (Consolidated June 2013) 71
6.21 YARD PROJECTIONS (1) No portion of a building or structure shall project into a required yard except as provided for in this Section. (2) The following features may project into a required yard, except where a side yard of 3.00 metres is required for vehicular passage and provided that there is no encroachment onto an easement: 6.21(2) unenclosed steps, box outs, canopies, chimneys, awnings, roof eaves, gutters, sills, cornices, leaders, pilasters, belt courses, bay windows, balconies, satellite dishes (less than 1.00 meter in diameter), or any other features which are similar in the opinion of the Development Authority, may project into a required side yard of 1.2 metres or greater, provided such projection does not exceed 50% of the width of the required side yard; unenclosed steps, box outs, canopies, chimneys, awnings, roof eaves, gutters, sills, cornices, leaders, pilasters, belt courses, bay windows, balconies, satellite dishes (less than 1.00meter in diameter), or any other features which are similar in the opinion of the Development Authority, may project up to 2.00 metres into a required front yard and 3.00 metres into a required rear yard, provided they meet the provisions of the Alberta Building Code. Unenclosed decks may project up to a maximum of 50% into a required front or rear yard provided that, in respect of a front yard projection, the Development Authority is satisfied that the structure would not form a prominent nor obtrusive feature within the street scene and would not detract from the character of the neighbourhood. Where a greater setback is required in accordance with the Alberta Building Code, or Alberta Fire Code, the distances required by the Alberta Building Code or Alberta Fire Code shall prevail. (3) Utilities, underground parking, and similar structures constructed entirely beneath the surface of the ground may encroach into required yards provided such underground encroachments are covered by sufficient soil depth or surface treatment to foster landscaping. 6.22 RESIDENTIAL DRIVEWAYS (1) Unless specifically exempted elsewhere in this Bylaw, all driveways which directly access a public roadway within the districts listed below shall comply with the regulations in this section. Properties may be exempted from meeting the requirements of this section if, in the opinion of the Development Authority, the property has insufficient frontage to allow construction of a driveway and meet the requirements of this section. This may include, but is not limited to, irregular-shaped lots or properties within a cul-de-sac bulb. (2) The regulations in this section shall apply only to that portion of the driveway which falls within the road right-of-way, as shown in the following figure: 72 The City of Cold Lake Land Use Bylaw (Consolidated June 2013)
(3) Minimum Required Setback: In R1A, R1B and R1B-1 districts, driveways shall be designed and constructed to leave a minimum setback of 5.5 metres between one edge of the driveway and the intersection of the side and front property lines as illustrated in the following figure: In R2 & R3 districts, driveways shall be designed and constructed to leave a minimum separation of 5.5 metres between one edge of the driveway and the nearest edge of the next adjacent driveway as illustrated in the following figure: The City of Cold Lake Land Use Bylaw 382-LU-10 (Consolidated June 2013) 73
In R4 districts, Row-housing and Multiplex developments which provide driveway access directly to a public roadway, rather than through an internal system of private roadways, shall be required to meet the driveway width regulations as specified for the R3 district in section 3 above. 74 The City of Cold Lake Land Use Bylaw (Consolidated June 2013)