Rebuilding at a Zero Lot Line after the Wildfire Information Package

Rebuilding at a Zero Lot Line after the Wildfire Information Package Background Issued: April 2017 A zero lot line is a residential development approach in which buildings are permitted to be located immediately adjacent to one or more property lines with no yard between the building and the property line. Examples of typical zero lot line properties include single detached dwellings, duplexes and triplexes. Due to the May 2016 wildfire, several zero lot line properties require rebuilding. Several of these homeowners have expressed interest in rebuilding single detached dwellings rather than the duplex or triplex they previously resided in. The following information package is intended to guide homeowners and contractors through the process of developing single detached dwellings using a zero lot line development approach, while remaining compliant with the Regional Municipality of Wood Buffalo s Land Use Bylaw and the Alberta Building Code. Spatial Separations and the Alberta Building Code & Land Use Bylaw At times there may be overlap between the standards imposed by the Land Use Bylaw and the Alberta Building Code and one may impose a more stringent standard than the other. This is because they serve separate and distinct purposes. When it comes to the construction and spatial separation of buildings, the Alberta Building Code and the Land Use Bylaw must be adhered to. Standards for minimum spatial separations contained in the Alberta Building Code will supersede the minimum setbacks imposed by the Land Use Bylaw where the required spatial separation is greater than the required setback and vice versa. Building a Single Detached Dwelling: Spatial Separation from the side-yard property line Homeowners wishing to replace a home destroyed by the wildfire with a single detached dwelling have several different options for spatial separation from the side yard lot lines, some of which include building on the zero lot line or building with a reduced side yard. Whether or not all of these options are available to a homeowner will depend on the Land Use Bylaw district where the property is located. The options are outlined below along with measures for compliance with the Alberta Building Code and the Land Use Bylaw. Option 1: Building the wall 1.2 metres or more from the property line. 1

This is the traditional spatial separation from the property line when building a single detached dwelling. There are no additional fireproofing measures required and local builders tend to be familiar with the relevant provisions contained in the Alberta Building Code and Land Use Bylaw. Option 2: Building the wall between 0.9 metres and 1.1 metres from the property line. For compliance with the Alberta Building Code, the following fireproofing measures are required: When the building design proposes an overhang (eave) the projection of the overhang must be at least 0.45 metres from the property line, positioning the foundation of the building approximately 0.9 metres from the property line (depending on the width of the eave). There can be no windows on the impacted side, unless the window is protected by labeled closures that carry a 45-minute fire protective rating, such as steel roll shutters or wire glass glazing with steel frames. It is important to note that it may be difficult to achieve an energy rating on this type of window. The impacted side must have a 45-minute fire resistance rating on the inside of the wall (i.e. fire rated drywall). Exterior rated drywall must be used under the combustible siding. Soffits must be unvented. For compliance with the Land Use Bylaw: A side yard variance is required to build at the reduced side yard (the Planning & Development Department will consider granting variances on those lots with a width less than 7.62 meters, or where a variance is a reasonable response to the physical characteristics of the lot which are not generally common to other lots in the immediate vicinity of the proposed use). The owner must be able to access an area of 1.0 metres for maintenance. Where the side yard is reduced to 0.9 metres or less, a maintenance easement agreement with the adjacent property owner is required. The area that an easement must cover depends on the size of the reduced side yard. For example, where the building is 0.9 metres from the property line, a 0.1m easement is required on the adjacent property to ensure a total area of 1.0 metres for maintenance. The easement agreement must also specify that no driveways, vehicles, structures or storage of chattels shall be permitted in the easement area. The easement agreement must be registered on title to the adjacent property and may be registered as an easement or by caveat. 2

Option 3: Building the wall on the property line or closer than 0.8 metres to the property line. For compliance with the Alberta Building Code the following fireproofing measures are required: There can be no doors on the impacted side. There can be no windows on the impacted side unless the window is protected by labeled closures that carry a 45-minute fire protective rating, such as steel roll shutters or wire glass glazing with steel frames. It is important to note that it may be difficult to achieve an energy rating on this type of window. The impacted side must have a 45-minute fire resistance rating on the inside of the wall (i.e. fire rated drywall). Exterior rated drywall must be used under the combustible siding. No overhang (eave) is permitted. Foundation footings can place over the property line to enable the building wall to be on the property line. Soffits must be unvented. For compliance with the Land Use Bylaw: A 0 metre side yard is only allowed in certain districts. An owner must review the Land Use Bylaw and Wildfire Recovery Overlay, and consult with the Planning & Development Department, to determine if their property is in a district that permits Zero Lot Line development or if a variance may be granted to allow building at a reduced side yard. The owner must be able to access an area of 1.0 metres for maintenance. Where the side yard is reduced to 0.8 metres or less, a maintenance easement agreement with the adjacent property owner is required. The area that an easement must cover depends on the size of the reduced side yard. For example, where the building is 0 metres from the property line, a 1.0 m easement is required OR where the building is 0.5 metres from the property line, a 0.5 metre easement is required. In both examples, the easement will ensure that an owner has access to an area of 1.0 metres for the purpose of maintenance. The easement agreement must also specify that no driveways, vehicles, structures or storage of chattels shall be permitted in the easement area. The easement agreement must be registered on title to the adjacent property and may be registered as an easement or by caveat. Where foundation footings are proposed to be placed over the property line, an encroachment agreement with the adjacent property owner is required. 3

Building on the Adjacent Property Options 1, 2, and 3 will enable an owner to build a single detached dwelling without negatively impacting the options available for building a single detached dwelling on the adjacent property. Where the adjacent property owner also wishes to build a single detached dwelling, the adjacent wall of their structure must adhere to the spatial separations and requirements outlined in Option 1 or Option 2. It may also be possible for an adjacent property owner to build a home that attaches to a neighboring single detached dwelling already built on the property line. Owners who would like to explore this option will need to contact the Planning & Development Department to determine whether this is an option for them. When building on the adjacent property, care must be taken to prevent damage to a neighboring home that is under construction or already complete. If damages are caused to a neighbouring structure, Safety Codes Inspections may be required depending on the nature of the damages caused. Additional Options that require a 2.4 metre Maintenance Easement There are two additional options that an owner may consider for building at or near the property line without any additional fireproofing measures; however, it is important to be aware that these options may negatively impact the rebuild options available on the adjacent property and for this reason, they are generally not recommended by the Municipality. Option 4: Building the wall flush with the property line with eaves that overhang the property line and encroach onto the adjacent property. Option 5: Building the wall offset from the property line with eaves that are flush with the property line. For Compliance with the Alberta Building Code: Option 4 and Option 5 require that a spatial separation of 2.4 metres be maintained between adjacent structures. An owner wishing to build Option 4 or Option 5 will be required to obtain an easement agreement from the adjacent property owner that restricts any development within an area of 2.4 metres from the property line on the adjacent property. In addition to the easement, a variance would have to be applied for and approved by Safety Codes Branch. This variance would then be registered with Alberta Municipal Affairs. The easement agreement must be registered on title to the adjacent property as an easement pursuant to section 67 of the Land Titles Act. The easement agreement must specify that no driveways, vehicles, structures or storage of chattels will be permitted within the 2.4 metres of separation. For compliance with the Land Use Bylaw: 4

The easement agreement must also include a maintenance easement that extends a minimum of 1.0 metres from the property line onto the adjacent property (this requirement may be met in the same easement agreement contemplated above). Where the eaves are proposed to encroach on the adjacent property, consent of the adjacent property owner is required in the form of an encroachment agreement with the adjacent property owner. The encroachment agreement must be registered on title to the adjacent property. Selected Sections from the Building Code 9.10.15.5. Construction of Exposing Building Face of Houses 8) Where the exposing building face has a limiting distance of not more than 0.45 metre, projecting roof soffits shall not be constructed above the exposing building face (See A- 3.2.3.6.(2) in Appendix A.) 9) Where the exposing building face has a limiting distance of more than 0.45 metre, the face of roof soffits above the exposing building face shall not project to less than 0.45 metre from the property line. (See A-3.2.3.6.(2) in Appendix A.) A-3.2.3.6.(2) Protection of Roof Soffits Near Property Lines. Sentences 3.2.3.6.(2) to (4) and parallel sentences 9.10.14.5.(5) to (7) and 9.10.15.5.(5) to (7) provide requirements for the protection of soffits where the soffit of the subject building is located close to the property line or to an imaginary line between two buildings on the same property. Fire from inside the roof space of the subject building can exit unprotected soffits and expose the adjacent building to flames. Selected Sections from the Land Use Bylaw Definitions Zero Lot Line means a residential development approach in which buildings are permitted to be located on one or more property lines with no yard between the building and the property line. Lot Width, Irregular means a pie-shaped or other similar irregularly shaped lots whereby either the front or rear lot lines do not meet the minimum lot width as identified in the appropriate zoning district. In this case the lot width shall be determined by the distance measured 6 metres vertical to and at the midpoint of the front yard lot line between the side lot lines as shown in the figure below. The arc length measured at the curb shall not be less than 70% of the minimum lot width (Bylaw No. 04/012). 5

For a reverse pie lot, the lot width is the horizontal distance between the side lot lines measured 22 metres from the front lot line. For other lots where the lot width cannot be reasonably calculated by these methods, a Development Officer shall determine the lot width having regard to access, shape and buildable area of the lot, and the lot width and location of buildings on abutting lots. Lot Width, Regular means a lot having both the front and rear lot lines as measured between the side lot lines that is equal to or greater than the minimum lot width as identified in the appropriate zoning districts. Land Use Districts 96. R1S Single Family Small Lot Residential District 96.5 Site Provisions In addition to the General Regulations contained in Part 5, the following standards shall apply to every development in this district. b. Side Yard, Interior (minimum): 1.2 metres The interior side yard may be reduced to zero on one side of a lot if the following conditions are met: i. The owner of the adjacent lot grants a 1.0 metre private maintenance access easement, including a 0.6 metre eave and footing encroachment easement, along the affected side of the lot. Such easements are to be registered by caveat against the title of the adjacent site. ii. All roof drainage from the residence shall be contained to the lot and diverted to the municipal storm drainage system by eaves troughs and downspouts or other suitable means. Surface drainage to the adjacent lot will not be permitted. iii. The development is designed comprehensively and comprises at least 12 lots. 1 6

97. R2 Low Density Residential District 97.5 Site Provisions In addition to the General Regulations contained in Part 5, the following standards shall apply to every development in this district. b. Side Yard, Interior (minimum): 1.2 metres, except for the following: ii. For a semi-detached dwelling, one (1) interior side yard may be reduced to zero when a common wall is located on the property line iii. For a triplex or fourplex, zero for internal units 100. RMH Manufactured Home Residential District 100.5 Site Provisions In addition to the General Regulations contained in Part 5, the following standards shall apply to every development in this district. a. Manufactured Home Subdivisions ii. Side Yard, Interior 1.2 metres on one side (minimum): 3.0 metres on second side (Bylaw No. 00/073) The interior side yard may be reduced to zero on one side of a lot if the following conditions are met: a. The owner of the adjacent lot grants a 3.0 metres private maintenance access easement, including a 0.6 metre eave and footing encroachment easement, along the affected side of the lot. Such easements are to be registered by caveat against the title of the adjacent site; b. All roof drainage from the residence shall be contained to the lot and diverted to the municipal storm drainage system by eaves troughs and downspouts or other suitable means. Surface drainage to the adjacent lot will not be permitted; c. The development is designed in a comprehensive manner and is composed of at least twelve single family lots; 1 d. The zero lot line side shall not be located on an exterior side yard. 101. RMH-2 Small Zero Lot Line Manufactured Home Residential District 101.6 Site Provisions In addition to the General Regulations contained in Part 5, the following standards shall apply to every development in this district. b. Side Yard: 7

A minimum of 0.0 metres on one side and a minimum of 3.8 metres on the other side where: i. the owner of the adjacent site grants a 3.0 metre private access and maintenance easement which shall be registered against the title of that adjacent site; ii. all roof drainage is directed from the building on to the building site by eaves troughs and downspouts or other suitable means; iii. it is a requirement of this district that a minimum of 12 lots utilize the zero lot line concept before an area would be given approval; 1 and iv. on a corner parcel the zero lot line side shall not be located on the street side of the corner site. Selected Sections from the Wildfire Recovery Overlay (Part 11 of the Land Use Bylaw) (I)(3) Modifications to the application of certain provisions of land use classifications Within the Overlay Area the following regulations or requirements of land use classifications shall prevail over provisions of this Land Use Bylaw that apply outside the Overlay Area: (b) In the R1S (Single Detached Small Lot Residential) district the requirement of a minimum of 12 lots as set out in the clause 96.5(b)(iii) of this Land Use Bylaw does not apply. (c) In the R2 (Low Density Residential) district, the width of only one of the interior side yards of any lot may be reduced to zero if: (i) the building design and construction provides for all roof drainage to be directed to the lot itself (with subsequent flow to the Municipal storm drainage system) and does not provide for drainage to any adjacent lot; and (ii) a 1.0 metre wide maintenance easement is obtained from the owner of the lot adjacent to the reduced side yard, and is registered against the title to that adjacent lot. (d) In the RMH (Manufactured Home Residential) district: (i) the requirement of a 3.0 metre private maintenance easement as set out in clause 100.5(a)(ii)(a) of this Land Use Bylaw is reduced to a 1.0 metre private maintenance easement, only in respect of residential lots located within Blocks 28, 29, 30 and 31 of Plan 1347TR, and subject to meeting all relevant requirements of the Alberta Building Code; and (iii) the requirement of a minimum of 12 lots as set out in clause 100.5(a)(ii)(c) of this Land Use Bylaw does not apply. 8

Development Options Table Building Code Option Implications This spatial separation is permitted by the Alberta Building Code and the Land Use Bylaw without any variances or additional fireproofing measures. Alberta Building Code: No additional fireproofing measures required. When the building design proposes an overhang (eave) then its projection needs to be at least 0.45 metres from the property line which will position the building approximately 0.9 metres from the property line depending on the width of the eave. There can be no windows on the impacted side, unless the window is protected by labeled closures that carry a 45-minute fire protective rating, such as steel roll shutters or wire glass glazing with steel frames. The wall on the property line must have a 45-minute fire resistance rating (i.e. fire rated drywall inside and out). Exterior rated drywall must be provided under the combustible siding. Soffits must be unvented. Land Use Bylaw: Complies with the required side yard setback. Does not comply with the setback requirements of the Land Use Bylaw and would require a side yard variance. 1 Requires a 0.1 metre private maintenance easement 2 registered on title to. It is recommended that the easement agreement be registered on as an Easement; however, registration by caveat will also be accepted. OR may increase the side yard setback to 1.0 metre. A side yard variance will still be required but there is no requirement for a maintenance easement. 9

Alberta Building Code: No additional fireproofing measures required. There can be no doors on the impacted side. There can be no windows on the impacted side, unless the window is protected by labeled closures that carry a 45-minute fire protective rating, such as steel roll shutters or wire glass glazing with steel frames. The wall on the property line must have a 45-minute fire resistance rating (i.e. fire rated drywall inside and out). Exterior rated drywall must be provided under the combustible siding. Soffits must be unvented. No overhang (eave) is permitted. Land Use Bylaw: Complies with the required side yard setback. A 0 metre side yard setback is an option in some districts (an owner should review the Land Use Bylaw and consult with the Planning & Development Department to determine if this is an option for them). A private maintenance easement 2 is required to be registered on. It is recommended that the easement agreement be registered on as an Easement; however, registration by caveat will also be accepted. The roof must be constructed with a pitch and direction that ensures all drainage is contained to. 10

Alberta Building Code: & When the building design proposes an overhang (eave) then its projection needs to be at least 0.45 metres from the property line which will position the building approximately 0.9 metres from the property line depending on width of the eave. There can be no windows on the impacted side, unless the window is protected by labeled closures that carry a 45-minute fire protective rating, such as steel roll shutters or wire glass glazing with steel frames. The wall on the property line must have a 45-minute fire resistance rating (i.e. fire rated drywall inside and out). Exterior rated drywall must be provided under the combustible siding. Soffits must be unvented. Land Use Bylaw: & Requires a side yard variance. 1 A 0.1 metre private maintenance easement 2 must be registered on both and. It is recommended that the easement agreement be registered as an Easement; however, registration by caveat will also be accepted. OR If and/or increases the side yard setback to 1.0 metres, a side yard variance is still required but there is no requirement for a maintenance easement on the property adjacent to that with the 1.0 metre side yard. 11

Alberta Building Code: When the building design proposes an overhang (eave) then its projection needs to be at 0.45 metres from the property line which will position the building around 0.9 metres from the property line depending on the eave s width (HOWEVER, to comply with spatial separations required by the Land Use Bylaw the building must be positioned further from the property line at 1.0 metres) There can be no doors on the impacted side. There can be no windows on the impacted side, unless the window is protected by labeled closures that carry a 45-minute fire protective rating, such as steel roll shutters or wire glass glazing with steel frames. The wall on the property line must have a 45-minute fire resistance rating (i.e. fire rated drywall inside and out). Exterior rated drywall must be provided under the combustible siding. Soffits must be unvented. No overhang (eave) is permitted. There can be no doors on the impacted side. There can be no windows on the impacted side, unless the window is protected by labeled closures that carry a 45-minute fire protective rating, such as steel roll shutters or wire glass glazing with steel frames. The wall on the property line must have a 45-minute fire resistance rating (i.e. fire rated drywall inside and out). Exterior rated drywall must be provided under the combustible siding. Soffits must be unvented. Land Use Bylaw A minimum 1.0 metre setback is required to allow for maintenance. 2 A 0 metre side yard setback is an option in some districts (an owner should review the Land Use Bylaw and consult with the Planning & Development Department to determine if this is an option for them). Requires a 1.0 metre private maintenance easement 2 registered on title to. It is recommended that the easement agreement be registered as an Easement; however, registration by caveat will also be accepted. The roof must be constructed with a pitch and direction that ensures all drainage is contained to. 12

Alberta Building Code: Where neither building has fireproofing measures in place, a minimum spatial separation of 2.4 metres must be maintained between the buildings. Complies with the required spatial separation. A variance would have to be applied for and approved by Safety Codes Branch. A 2.4 metre easement must be registered on title to. The easement agreement must allow access for the purpose of maintenance and restrict any driveways, vehicles, storage or structures within the 2.4 metre easement area on. The easement must be registered on title to Lot A as an easement pursuant to section 67 of the Land Titles Act. Land Use Bylaw Complies with the required side yard setback. A 0 metre side yard setback is an option in some districts (an owner should review the Land Use Bylaw and consult with the Planning & Development Department to determine if this is an option for them). Requires a minimum 1.0 metre private maintenance easement registered on title to (this requirement may be met with the same easement agreement required above). The roof must be constructed with a pitch and direction that ensures all drainage is contained to. 1 Variances will be entertained on lots with a width less than 7.62 metres or where a variance is a reasonable response to the physical characteristics of the lot which are not generally common to other lots in the immediate vicinity of the proposed use (section 28.1 (a) of the Land Use Bylaw 99/059). 2 The Planning & Development Department determines the required width of a private maintenance easement by relying on the easement width specified in the Land Use Bylaw for a district when building at a 0 metre side yard and the side yard width proposed by the homeowner. For example, if the district requires a maintenance easement of 1.0 metre for building with a 0 metre side yard setback and the proposed development has a 0.9 metre side yard setback, a 0.1 metre maintenance easement must be registered on title to the adjacent property. This approach ensures that a total area of 1.0 meters is maintained between buildings to make sure that property owners have adequate space to maintain their buildings. We recommend consulting with the Planning & Development Department prior to registering your easement to ensure it meets the requirements. For questions, contact the Planning & Development Department at planningdevelopment@rmwb.ca or call 780-799-8695 14