PART 1: INTERPRETATION OF THIS BYLAW

Division 2: Definitions and Methods

General Definitions

13        (1)             In this Bylaw, the following terms have the following meanings.

(1.1)            "+15 Skywalk System" means an environmentally controlled public pedestrian walkway system consisting of +15 Skywalk System walkways and +15 Skywalk System bridges which operates through  and between buildings in the Downtown.

(1.2)          "+15 Skywalk System bridge" means an environmentally controlled pedestrian route located outside of a property line and which spans a road right-of-way in order to connect +15 Skywalk System walkways between buildings.

(1.3)         "+15 Skywalk System Fund" means a civic fund as defined in the +15 Policy.

(1.4)         "+15 Skywalk System walkway" means a publicly accessible pedestrian route through and across the second floor of a building and which is entirely contained within the property lines of a parcel.

(2)             "accent lighting" means outdoor lighting that is entirely used to illuminate architectural features, art, landscaping features, monuments, or trees and is only directed at such features.

(3)             "actual front setback area" means the area of a parcel defined by the front property line, the side property line that intersect with the front property line, and a line parallel to the front property line measured at the farthest building setback from the front property line.

(4)             "actual side setback area" means the area of a parcel defined by a side property line and a line parallel to that side property line measured at the farthest building setback from the side property line and terminating where that area meets the actual front setback area, the rear setback area or another actual side setback area.

(5)             "adjacent" means contiguous or contiguous if not for a street, lane, river or stream.

(6)             "amenity space" means a space designed for active or passive recreational use.

(7)             "ancillary structure" means, with reference to building height, an essential component, other than a sign or flag pole, that protrudes above the roof of a building and which is necessary for the functioning of a building including, but not limited to:

(a)        an elevator housing;

(b)        a mechanical penthouse;

(c)        a chimney;

(d)        solar collectors;

(e)        portions of a building or a structure used to provide screening of mechanical systems or equipment located outside of a building;

(f)         an architectural feature commonly associated with a Place of Worship; or

(g)       a Wind Energy Conversion System – Type 1 or a Wind Energy Conversion System – Type 2.

(8)             "assembly area" means an area within a building where people assemble for ceremonies, religious services, educational, recreation, social or sporting events.

(9)              deleted

(10)           "average building reference points" means the points:

(a)        determined by calculating the average of the corresponding building reference points; and

(b)        expressed as geodetic elevations.

(11)           "average contextual high point" means:

(a)        where there are at least two other buildings on the same block face, the average of the greatest geodetic elevation of the contextual adjacent buildings, excluding ancillary structures;

(b)        where there is only one other building on the same block face, the greatest geodetic elevation of such building, excluding ancillary structures; and

(c)        where there is no other building on the same block face, a point 8.6 metres above the greatest geodetic elevation at grade on the subject parcel .

(12)           "average grade" means, when determining the maximum area of a horizontal cross section through a building in the R-CG, M-CG, M-C1 and M-C2 Districts, the average of the four geodetic elevation points of finished grade immediately adjacent to the primary four corners of a building.

(13)           "balcony" means a horizontal platform that is attached to a building above the first storey floor level and is intended for use as an outdoor amenity space.

(14)           "bare land unit" means land described as a unit in a condominium plan by reference to boundaries governed by monuments placed pursuant to the provision of the Surveys Act respecting subdivision.

(15)           "basement" means that portion of a building which is located below the first floor and is either partially or wholly below grade.

(16)           "bay window" means a window that projects outward from the façade of a building but does not include an opening that is intended to give access to a building.

(17)           "bicycle parking stall" means an area approved as bicycle parking stall – class 1 or bicycle parking stall class 2 that is equipped to store a bicycle and must include a device:

(a)        specifically designed to park a bicycle;

(b)        designed to allow a bicycle frame and both wheels to be secured; and

(c)        designed to support the bicycle frame and both wheels; and

(d)        that is anchored to a hard surface or fixed structure.

(18)           "bicycle parking stall – class 1" means a bicycle parking stall in a secured or controlled area.

(19)           "bicycle parking stall class 2" means a bicycle parking stall  in an unsecured or uncontrolled area.

(19.1)       "blade" means an element of a Wind Energy Conversion System rotor that extracts kinetic energy from the wind.

(20)           "building" includes anything constructed or placed on, in, over or under land but does not include a highway or public roadway or a bridge forming part of a highway or public roadway.

(21)            deleted

(22)           "building coverage" means the area of a parcel which is covered by a building excluding:

(a)       portions of the building located entirely below grade;

(b)       portions of the building greater than 2.4 metres above grade and with a depth less than 1.0 metres, measured from the wall directly below;

(c)       portions of eaves, roofs, pergolas and other similar elements with a depth less than 1.0 metres, measured from the wall directly below;

(d)       patios, and any covered or enclosed area located below; and

(e)       decks, landings, uncovered stairs, and any external areas located below.

(23)           "building depth" means the distance from the front property line to the farthest portion of a main residential building excluding decks, eaves, landings and patios, determined by:

(a)        establishing a line connecting the midpoint of the front property line and the midpoint of the rear property line; then

(b)        extending a line from the portion of the main residential building farthest from the front property line to a point where it intersects the line connecting the midpoint of the front property line and the midpoint of the rear property line at a right angle; and

(c)        measuring the distance from the point where the two lines intersect to the midpoint of the front property line.

(24)           "building height" means the height of a building, excluding ancillary structures, determined:

(a)        by applying the provisions of sections 360 and 361 for a parcel containing a Contextual Semi-detached Dwelling, Contextual Single Detached Dwelling, Duplex Dwelling, Semi-detached Dwelling or Single Detached Dwelling;

(b)        deleted

(c)        by measuring from grade in a multi-residential district where the use is not a Duplex Dwelling, Semi-detached Dwelling or Single Detached Dwelling;

(d)        by measuring from grade in the S-CI District where provision 1057 (1) through (4) applies; and

(e)        in all other cases by measuring from grade at any point adjacent to a building.

(25)            deleted

(26)           "building reference points" means the geodetic elevation of four points:

(a)        located at the intersection of the front property line and each side property line;

(b)        located at the intersection of the rear property line and each side property line; and

(c)        where each pair of points must be considered as corresponding.

(27)           "building setback" means the distance from a property line to the point on a parcel where a building is located measured at a right angle from the property line to which it relates.

(28)           "calliper" means the diameter of the trunk of a tree measured at 0.3 metres above the ground.

(28.1)        carriage house lot means a small parcel containing one Dwelling Unit in a Single Detached Dwelling or Semi-detached Dwelling where the parcel:

(a)        shares a side property line or rear property line with a lane; and

(b)        is connected to a public street using a panhandle with a front property line that is between 3.0 metres and 1.5 metres in length.

(28.2)        "Central Business District Improvement Fund" means a civic fund into which financial contributions made towards additional floor area ratio in accordance with the incentive provisions in Part 13, Division 3 are collected."

(29)           "City Manager" means the Chief Administrative Officer of the City of Calgary.

(30)           "City" means The City of Calgary, a municipal corporation in the Province of Alberta, or the area within the corporate limits of The City of Calgary, as the context requires.

(31)           "commercial district" means any one or more of the land use districts described in Part 7 and the CC-X and CC-COR districts contained in Part 11.

(32)           "commercial multi-residential uses" means any one or more of the following uses, when referenced in a multi-residential district:

(a)        Convenience Food Store;

(b)        Counselling Service;

(c)        Drinking Establishment Small;

(d)        Information and Service Provider;

(e)        Office;

(f)         Outdoor Café;

(g)        Print Centre;

(h)        Restaurant: Food Service Only Small;

(i)         Restaurant: Licensed Small;

(j)         Restaurant: Neighbourhood;

(k)        Retail and Consumer Service;

(l)         Service Organization;

(m)       Specialty Food Store; and

(n)        Take Out Food Service.

(33)           "common amenity space" means a space designed for active or passive recreational use that is provided for the use of all of the occupants of a development.

(34)           "common amenity space indoors" means common amenity space that is located in a building.

(35)           "common amenity space outdoors" means common amenity space that is not located in a building.

(36)           "contextual adjacent buildings" means the two closest buildings to a parcel:

(a)        located on the same block face not separated by a street;

(b)        in the case of low density residential district where the building is on a parcel designated as a residential district; and

(c)       where the building is not an Accessory Residential Building.

(37)          "contextual building depth average" means:

(a)        where there are at least two other buildings on the same block face, the average building depth of the contextual adjacent buildings plus 4.6 metres;

(b)        where there is only one other building on the same block face, the building depth of such building plus 4.6 metres; and

(c)        where there is no other building on the same block face, 65.0 per cent of parcel depth.

(38)            deleted

(39)           "contextual front setback" means:

(a)        where there are at least two other buildings on the same block face, the average building setback from the front property line of the contextual adjacent buildings;

(b)        where there is only one other building on the same block face, the building setback from the front property line of the contextual adjacent building; and

(c)        where there is no other building on the same block face, 3.0 metres measured from the front property line.

(40)           "contextual height" means the average contextual high point, less the greatest building reference point.

(41)           "contextual multi-residential setback" means:

(a)        where there are at least two other buildings on the same block face, the average building setback from the property line shared with a street of the contextual adjacent buildings;

(b)        where there is only one other building on the same block face, the building setback of such building from a property line shared with a street; and

(c)        where there is no other building on the same block face, zero metres from a property line shared with a street.

(41.1)        "copy" means any image, written material, structure, graphics, pictures, logo, symbol or letters placed on a sign.

(42)           "copy area" means:

(a)       a rectangular area formed by the outermost extremities of the copy contained on the sign, as illustrated in Sign Illustration 1 and includes, but is not limited to, graphics related to the specific nature of the copy; and

(b)       in the case of a sign which has copy on more than one side of the sign, the average of the total area of all sides of the sign will be used in the calculation of copy area.

Sign Illustration 1:

Copy Area

Subsection 13(42)

 

 

 

(43)           "corner parcel" means a parcel that abuts two streets which intersect at an angle not exceeding 135 degrees.

(44)           "corner visibility triangle" means a triangular area formed on a corner parcel by the two curb lines and a straight line which intersects them 7.5 metres from the corner where they meet.

(45)            "cottage building" means a residential building located within a Cottage Housing Cluster that is restricted in size and contains one, two or three Dwelling Units.

(46)           "Council" means the municipal Council of the City.

(47)           "deck" means an uncovered horizontal structure with a surface height greater than 0.6 metres above grade at any point that is intended for use as an outdoor amenity space but does not include a balcony.

(48)            "density" means the number of Dwelling Units and Live Work Units on a parcel, expressed in units per hectare or in units per parcel, but does not include Secondary Suites or Backyard Suites.

(49)           "designated flood level" means that theoretical level, indicated on the Floodway/Flood Fringe Maps, to which water would rise in the event of a flood of a magnitude likely to occur once in one hundred years.

(50)           "Developed Area" means the area identified as the Developed Area on the Developed Area and Developing Area Map and illustrated on Map 2.

(51)           "Developing Area" means the area identified as the Developing Area on the Developed Area and Developing Area Map and illustrated on Map 2.

15P2016, 16P2018

 

 Map 2: Developed Area and Developing Area

 

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(52)           "development" means:

(a)        an excavation or stockpile and the creation of either of them;

(b)        a building or an addition to or replacement or repair of a building, and the construction or placing of any of them on, in, over or under land;

(c)        a change of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the use of the land or building; or

(d)        a change in the intensity of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building.

(53)           "Development Authority" means a person or body appointed as a Development Authority as contemplated by and in accordance with the Municipal Government Act.

(54)           "development completion permit" means a permit issued by a Development Authority confirming that the requirements of a development permit have been satisfactorily completed.

(55)          "development permit" means a document authorizing a development, issued by a Development Authority pursuant to this Bylaw or any previous Bylaw governing land use within the City, and includes the plans and conditions of approval.

(55.1)       "digital display" means a device intended to display copy using electronic screens, projection, television, computer video monitors, liquid crystal displays (LCD), light emitting diode (LED) displays, or any other similar electronic, computer generated or digital technology.

(56)           "dilapidated vehicle" means a vehicle that is:

(a)        incapable of being safely operated;

(b)        partially or fully dismantled; or

(c)        substantially damaged.

(57)          "discretionary use" means a use of land or a building that is listed as such use in a land use district or a Direct Control District Bylaw.

(57.1)       "district energy" means infrastructure consisting of insulated pipes, pumps, metering systems and thermal production facilities capable of transferring heat energy through a controlled conductive medium carried between multiple sites for uses including, but not limited to, space heating, chilled water, domestic hot water heating and industrial processes, A district energy system may be designed to serve any group of buildings by means of one or a combination of thermal or energy heat plants and pipe systems.

(57.2)        deleted

(57.3)        deleted

(58)           "eaveline" means the line formed by the intersection of the wall and roof of a building.

(59)           "expressway" means a street identified as a Skeletal Road in the Transportation Bylaw.

(60)           "fence" means a structure which may be used to prevent or restrict passage, to provide visual screening, sound attenuation, yard décor, protection from dust or the elements, or to mark a boundary.

(61)           "flood fringe" means those lands abutting the floodway, the boundaries of which are indicated on the Floodway/Flood Fringe Maps that would be inundated by floodwaters of a magnitude likely to occur once in one hundred years.

(62)           "floodway" means the river channel and adjoining lands indicated on the Floodway/Flood Fringe Maps that would provide the pathway for flood waters in the event of a flood of a magnitude likely to occur once in one hundred years.

(63)           "floor area ratio" means the quotient of the total gross floor area of all buildings on a parcel divided by the area of the parcel.

(63.1)        "floor plate area" means the horizontal cross-section of a floor, between the floor and the next floor above, measured to the glass line, or where there is no glass line, to the outside surface of the exterior walls and includes all mechanical equipment areas and all open areas inside a building that do not contain a floor, including atriums, elevator shafts, stairwells and similar areas.

(63.2)         "freight rail corridor" means one of the following fifteen rights-of-way for a freight rail operation excluding spur lines, as indicated, by area, on Map 3.1:

(a)        Area 1: means areas between Centre Street S and 15 St SW;

(b)        Area 2: means areas between 15 Street SW and south of 16 Avenue NW;

(c)        Area 3: means areas between south of 16 Avenue NW and west to the City limits;

(d)        Area 4: means areas between east of 12 Street SE and south of Bow River;

(e)        Area 5: means areas between south of Bow River and 64 Avenue NE;

(f)         Area 6: means areas between 64 Avenue NE and north to the city limits;

(g)        Area 7: means areas between 12 Street SE underpass and 26 Avenue SE;

(h)        Area 8: means areas between 26 Avenue SE and 58 Avenue SE;

(i)         Area 9: means areas between 58 Avenue SE and south to the city limits;

(j)         Area 10: means areas between Centre Street S and Deerfoot Trail;

(k)        Area 11: means areas between Deerfoot Trail and southeast to the city limits;

(l)         Area 12: means areas between 50 Avenue SE and east of 54 Street SE;

(m)       Area 13: means areas between east of 54 Street SE and northeast to the city limits;

(n)        Area 14: means areas between the at-grade crossing on 50 Avenue SE and east of 52 Street SE; and

(o)        Area 15: means areas between east of 50 Avenue SE and east to the city limits.

(64)           "frequent bus service" means bus service which has a frequency of at least one bus every 20 minutes on weekdays from 6:30 AM to 6:00 PM and a frequency of at least one bus every 30 minutes on weekday evenings from 6:00 PM to the end of service and on weekends during the times of service.

(65)            "frontage" means the linear length of a property line shared with a street.

(66)           "front property line" means:

(a)        the property line separating a parcel from an adjoining street;

(b)        in the case of a parcel that adjoins more than one street, the shortest property line that is parallel to the direction of travel on the street; and

(c)        in the case of a parcel that adjoins more than one street and where the property lines adjoining streets are of equal length, the property line adjoining the street to which the parcel has been municipally addressed.

(67)           "front setback area" means an area of a parcel defined by the front property line, the side property lines that intersect with the front property line, and a line parallel to the front property line measured at the minimum depth of the setback area required by the District.

(68)           "General Manager" means the City Manager or the City Manager’s designate.

(69)           "grade" means the elevation of the finished ground surface, not including any artificial embankment, the elevation of an entrance to underground parking, stairways or window wells.

(70)          "gross floor area" means the sum of the areas of all above grade floors of a building measured to the glassline, or where there is no glassline, to the outside surface of the exterior walls, or where buildings are separated by firewalls, to the centre line of the common firewalls, and includes all mechanical equipment areas and all open areas inside a building that do not contain a floor including atriums, elevator shafts, stairwells and similar areas.

(71)           "gross usable floor area" means, for the purpose of calculating motor vehicle parking stalls, bicycle parking stalls and loading stalls, the total horizontal area of every enclosed floor and mezzanine used exclusively by a single use area in a building, and is measured from the exterior face of the exterior wall and the centreline of an interior partition wall that separates at least two uses, but does not include:

(a)        elevator shafts;

(b)        stairwells;

(c)        crawl spaces;

(d)        mechanical or electrical rooms;

(e)        indoor garbage or recycling storage;

(f)         areas used for parking and loading;

(g)        areas below grade used for storage and not accessible to the public; and

(h)        common corridors and halls available to more than one use.

(72)           "gross vehicle weight" means the value specified by the vehicle manufacturer as the maximum loaded weight of a vehicle.

(73)           "hard surfaced landscaped area" means an area with a surface consisting of materials that:

(a)        are not living or derived from living organisms; or

(b)        were once living but are now formed into a structure;

(c)        may include, but are not limited to, brick, concrete, stone and wood; and

(d)        must not include asphalt.

(74)          "industrial district" means any one or more of the land use districts described in Part 8.

(74.1)        "irregular parcel" means a parcel that is inconsistent in shape with other parcels in the neighbourhood, where the property line opposite to and farthest from the front property line:

(a)        cannot be identified; or

(b)        results in a parcel that has less than two side property lines.

(75)           "kitchen" means facilities used or designed to be used for the cooking or preparation of food.

(75.1)        "laboratory" means a facility where scientific research, experiments and measurement are performed for the purposes of providing information or as part of research and development.

(76)           "landing" means an uncovered platform extending horizontally from a building, abutting an entry door and providing direct access to grade or stairs.

(77)            "landscaped area" means that portion of a parcel that is required to be a hard surfaced landscaped area or soft surfaced landscaped area.

(78)           "lane" means a roadway that is primarily intended to give access to the rear of buildings and parcels.

(79)           "laned parcel" means a parcel which is bounded at least in part by a lane.

(80)           "laneless parcel" means a parcel which is not bounded wholly or partially by a lane.

(81)           "large vehicle" means a vehicle, other than a recreational vehicle:

(a)       with a gross vehicle weight  stated by the manufacturer, vehicle signage, or vehicle registration, to be in excess of 4536 kilograms;

(b)       with one or more of the following characteristics:

(i)      tandem axles;

(ii)     a passenger capacity in excess of 15 persons; or

(iii)    dual wheels where the vehicle includes a flat deck or other form of utility deck; or      

(c)       that can be generally described as a:

(i)      bus;

(ii)     cube van;

(iii)    dump truck;

(iv)    flatbed truck; or

(v)     tractor, trailer, or tractor trailer combination.

(82)           "light fixture" means a lighting module that has one or more luminaires and luminaire holders.

(83)           "loading stall" means an area to accommodate a vehicle while being loaded or unloaded.

(84)           "low density residential district" means any one or more of the land use districts described in Part 5.

(85)           "low water irrigation system" means an automated underground irrigation system which includes:

(a)        a rain sensor or a soil moisture sensor;

(b)        a flow sensor for leak detection; and

(c)        a master valve to secure the system if a leak is detected.

(86)           "LRT corridor" means a street, parcel or railroad right-of-way used for a light rail transit system.

(87)           "LRT platform" means a platform used for embarking and disembarking light rail transit passengers.

(88)           "LRT station" means a light rail transit station.

(89)          "main residential building" means a building containing one or more Dwelling Units but does not include a Backyard Suite.

(90)           "major street" means a street identified as a Street in the Transportation Bylaw.

(90.1)        deleted

(90.2)        "mixed use district" means any one or more of the land use districts described in Part 14.

(91)           "modular construction" means a method of constructing whereby most of the parts of a building have been constructed in an off-site manufacturing facility and transported to a parcel where the parts are assembled and anchored to a permanent foundation.

(92)           "motor vehicle parking stall" means an area for the parking of a single motor vehicle.

(93)           "mounting height" means the vertical distance between the lowest part of the light fixture and the grade directly below the light fixture.

(94)           "multi-residential district" means any one or more of the land use districts described in Part 6 and the CC-MH and CC-MHX districts contained in Part 11.

(95)            "non-conforming building" means a building:

(a)        that is lawfully constructed or lawfully under construction at the date a land use bylaw affecting the building or the land on which the building is situated becomes effective; and

(b)        that, on the date the land use bylaw becomes effective, does not, or when constructed will not, comply with the land use bylaw.

(96)            "non-conforming use" means a lawful specific use:

(a)        being made of land or a building or intended to be made of a building lawfully under construction, at the date a land use bylaw affecting the land or building becomes effective; and

(b)        that on the date the land use bylaw becomes effective does not, or in the case of a building under construction will not, comply with the land use bylaw.

(96.1)        "Officer" means a Bylaw Enforcement Officer or a Peace Officer.

(97)           "open balcony" means a balcony that is unenclosed on three sides, other than by a railing, balustrade or privacy wall.

(98)           "overland flow area" means those lands abutting the floodway or the flood fringe, the boundaries of which are indicated on the Floodway/Flood Fringe Maps that would be inundated by shallow overland floodwater in the event of a flood of a magnitude likely to occur once in one hundred years.

(99)           "parcel" means

(a)        the aggregate of the one or more areas of land described in a certificate of title or described in a certificate of title by reference to a plan filed or registered in a land titles office; and

(b)        in the R-C1L, R-C1Ls, R-C1, R-C1s, R-C1N, R-C2, R-1, R-1s, R-1N, R-2, R-G and R-Gm districts, includes a bare land unit created under a condominium plan;

(100)         "parcel coverage" means the cumulative building coverage of all buildings on a parcel excluding, Accessory Residential Buildings which in aggregate are less than 10.0 square metres.

(101)         "parcel depth" means the length of a line joining the mid-points of the front property line and the rear property line.

(102)         "parcel width" means the distance between the side property lines of a parcel measured at a right angle to the mid-point of the shortest side property line.

(102.1)      "parking area – short stay" means an area designed for the parking of motor vehicles within a building  where:

(a)        the vehicle remains parked for no more than 4 hours at a time; and

(b)        there is convenient pedestrian access to the street level and publicly accessible uses within the development.

(103)          "patio" means an uncovered horizontal structure with a surface height, at any point, no greater than 0.60 metres above grade, intended for use as an outdoor amenity space.

(103.1)       "pedestrian scaled third party advertising” means a Sign – Class F or Sign – Class G:

(a)        with a maximum height of 2.0 metres and a maximum sign area of 2.0 square metres;

(b)        that may have copy visible from a pathway;

(c)        that must not be located within 20.0 metres of any Freestanding Sign, other Third Party Advertising Signs or Digital Third Party Advertising Signs on the same parcel, when measured from the closest point of the sign, containing the digital display to the closest point of another sign; and

(d)        that must be oriented to pedestrians and must not be legible from streets.

(104)          "permitted use" means a use of land or a building that is listed as such use in a land use district or a Direct Control District Bylaw.

(105)          "personal sale" means the sale of goods and includes sales commonly known as garage sales, yard sales, moving sales and estate sales.

(106)          "pick-up and drop-off stall" means a motor vehicle parking stall intended only for a motor vehicle to stop while picking up or dropping off passengers.

(107)          "plan of subdivision" means a plan of subdivision registered or approved for registration at the Land Titles Office.

(108)          "porch" means an unenclosed, covered structure forming an entry to a building.

(108.1)      "primary building wall" means any exterior building wall that forms part of a façade that contains a public entrance and faces, or is oriented to, a street or a parking area on the same parcel as illustrated in Sign Illustration 2, with the exception that corner site facing public streets can have two primary building walls not withstanding one façade may not contain a public entrance.

15P2016, 22P2016, 4P2017, 25P2018, 40P2018, 51P2018

Sign Illustration 2:

Primary and Secondary Building Wall

Subsection 13(108.1) and 13(122.1)

 

 

 

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(109)         "privacy wall" means a structure that:

(a)        provides visual screening;

(b)        is located on a balcony, deck or patio; and

(c)        does not include a railing or balustrade.

(110)         "private amenity space" means amenity space provided for the use of the occupants of only one unit.

(111)         "private condominium roadway" means an area of land that provides access to a parcel, and is contained within:

(a)        common property forming part of a bare land condominium plan; or

(b)        a bare land unit that is used for the purpose of accommodating a private roadway for access purposes in accordance with an easement agreement registered on it.

(112)         "private garage" means an Accessory Residential Building or a part of a main residential building which accommodates the storage or shelter of vehicles and includes a carport.

(113)         "property line" means the legal boundary of a parcel.

(114)         "public area" means the floor area of a use that allows access to the public, but does not include washrooms, hallways accessing washrooms or entrance vestibules.

(115)         "public entrance" means an entrance to a building which is open to the general public.

(116)        "rear property line" means the property line opposite to and farthest from the front property line, or in the case of an irregular parcel, the rear property line is established by drawing a line the maximum distance from the front property line that:

(a)        is wholly within the parcel;

(b)        is not less than 3.0 metres long; and

(c)        runs parallel to the front property line, or, if the front property line is a curved line, runs parallel to the straight line between the two end points of the curve of the front property line.

(117)         "rear setback area" means an area of a parcel defined by the rear property line, the side property lines that intersect with the rear property line, and a line parallel to the rear property line measured at the minimum depth of the setback area required by the District.

(117.1)     "receiving parcel" means the parcel, comprising the area of the Municipal Historic Resource, that will receive the transfer of motor vehicle parking stalls from a transferring parcel.

(118)         "recessed balcony" means a balcony that is enclosed on at least two sides other than by a railing, balustrade or privacy wall.

(119)         "recreational vehicle" means a vehicle that provides temporary accommodation for recreational or travel purposes and includes but is not limited to:

(a)        motor homes;

(b)        travel trailers;

(c)        fifth wheel travel trailers;

(d)        campers, whether located on a truck or other vehicle or not;

(e)        tent trailers;

(f)        boats; and

(g)        a trailer used to transport any of the above.

(119.1)      "research and development" means the process of creating or improving products and services by way of information obtained through experimental qualitative and quantitative testing for industries such as, but not limited to, pharmaceuticals, bio-technology, computer software, medical instrumentation, aerospace and electronics manufacturers:

(120)         "residential district" means any of the land use districts in the low density residential districts and the multi-residential districts.

(121)         "retaining wall" means a structure constructed to withstand lateral pressure in order to hold back earth, loose rock, or similar materials.

(121.1)       deleted

(121.2)     "rotor’s arc" means the largest circumferential path travelled by a blade.

(121.3)      "scramble parking" means a parking area where the motor vehicle parking stalls are not assigned to individual users or vehicles and where access is available to vehicles for periods no longer than four hours at a time.

(122)         "screen", "screened" and "screening" means the total or partial concealment of a building, equipment, structure or activity by a berm, fence, vegetation or wall.

(122.1)      "secondary building wall" means any exterior building wall that is not a primary building wall as illustrated in Sign Illustration 2.

(123)         "setback area" means the area of a parcel between the property lines and lines parallel to the property lines at a distance equivalent to the minimum depth from each respective property line as required by the District.

(124)         "shopping centre" means, for the purposes of signs in Part 3, Division 5, a site that:

(a)        is 0.40 hectares or larger;

(b)        contains more than one commercial use, being primarily retail and personal service, with shared parking; and

(c)        is located in the C-N1, C-N2, C-C1, C-C2, C-R1, C-R2 or C-R3 Districts.

(125)         "side property line" means a property line other than the front and rear property lines.

(126)         "side setback area"means an area of a parcel defined by any side property line and a line parallel to that side property line measured at the minimum depth of the setback area required by the District and terminating where that line meets the front setback area and the rear setback area.

(127)         "sign" means any device or fixture intended to identify or convey information or to advertise or attract attention to a product, service, place, activity, event, person, institution or business.

(128)         "sign area" means:

(a)       the entire area of a sign on which copy is intended to be placed; and

(b)        in the case of a sign which has copy on more than one side of the sign, the average of the total area of all sides of the sign.

(129)         "sign owner" means any person who is described on a sign; whose name, address or telephone number appears on a sign; who is in control of a sign; or who is the subject of or intended to benefit from a sign; and there may be more than one sign owner of a sign.

(130)         "skateboard and sports ramp" means structure(s) that provide a surface upon which an individual may use or operate a skateboard, bicycle, scooter, roller skates or other similar devices. Skateboard and sports ramp structures may include re-purposed furniture or other skateable or bikeable above grade surfaces, but does not include at-grade surfaces such as, but not limited to, soil, grass, wood or concrete.

(131)          "soft surfaced landscaped area" means an area with a surface consisting of materials that:

(a)        are living, or derived from living organisms;

(b)        are not formed into a structure; and

(c)        may include, but are not limited to, mulch, native grasses, plants, shrubs, sod and trees.

(131.1)      "solar collector" means any device used to collect sunlight that is part of a system used to convert radiant energy from the sun into thermal or electrical energy.

(132)         "special purpose district" means any one or more of the land use districts described in Part 9.

(132.1)      "Stephen Avenue Mall heritage area" means the area identified below in Map 1:

Map 1: Stephen Avenue Mall Heritage Area

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(133)         "storey" means the space between the top of any floor and the top of the next floor above it, and if there is no floor above it, the portion between the top of the floor and the ceiling above it but does not include a basement.

(134)         "street" means:

(a)        any public road, including the boulevards, sidewalks and improvements, but excluding a lane, bridge or  walkway; or

(b)        a private condominium roadway.

(135)         "street-oriented multi-residential building" means a Multi-Residential Development where all of the buildings in the development include the following characteristics:

(a)        the façade of the main residential building on the floor closest to grade facing a street is comprised of units or commercial multi-residential uses, and may only include the following additional elements:

(i)         emergency exits and public entrances; and

(ii)        one (1) vehicle access point, only where located on a laneless parcel;

(b)        units and commercial multi-residential uses located at grade with an exterior wall facing a street that provide the following:

(i)         an individual exterior access within 4.5 metres of a property line shared with a street; and

(ii)        sidewalks that provide direct exterior access to the unit or commercial multi-residential use;

(c)        a public sidewalk located along the entire length of each property line shared with a street; and

(d)        the façade of commercial multi-residential uses located on the floor closest to grade, and facing a street, provides windows with unobscured glass that:

(i)        allows views of the indoor space or product display areas; and

(ii)        occupies a minimum of 65.0 per cent of the façade between a height of 0.6 metres and 2.4 metres.

(135.1)      "Subdivision Authority" means a person or body appointed as a Subdivision Authority in accordance with the Municipal Government Act.

(136)         targeted grazing means the temporary use of livestock for managing land to alter plant communities and lands for specific invasive plant species and landscape management goals, and may include:

(a)       Temporary fencing;

(b)        Herding dogs and working horses;

(c)        Shepherds to manage livestock, herding dogs and working horses; and

(d)        Temporary portable overnight accommodation for shepherds, herding dogs and working horses.

(136.1)      "top of bank" means the natural transition line or upper natural topographical break at the top of a valley, or at the top of a channel that contains a watercourse, between a slope where the grade exceeds 15.0 per cent and the adjacent upper level area where the grade is less than 15.0 per cent, and where area that is less than 15.0 per cent in slope is at least 15.0 metres wide.

(136.2)      "total Wind Energy Conversion System height" means:

(a)       the height measured from the highest vertical extension of a Wind Energy Conversion System -Type 1 to its base at grade or to the height equivalent to its mount on a building; and

 (b)       the height measured from the highest vertical extension of a Wind Energy Conversion System - Type 2 to its base at grade.

(136.3)      "transferring parcel" means a parcel, comprising the area of the Municipal Historic Resource, that will transfer unused motor vehicle parking stalls to a receiving parcel.

(137)         "unit" means a Dwelling Unit or a Live Work Unit.

(138)         "use" means a permitted or discretionary use.

(139)         "use area":

(a)        means the entire floor area of a building that is separated from other portions of the building and is accessible by the same entrance or entrances and is occupied by a specific use;

(b)        for greater certainty, (a) must be interpreted to mean that whenever a person inside of a building must exit the building or enter a common internal corridor to access a different portion of the building, those two portions of the building are separate; and

(c)        the measurement of use area includes the floor area of:

(i)         all mezzanines and storeys capable of being accessed by the same entrance without leaving the building or using a common internal corridor,

(ii)        all mechanical rooms, offices and other spaces that support the use and can be accessed without leaving the building or using a common internal corridor; and

(iii)       all spaces within a building capable of being accessed by the same entrance without leaving the building or using a common internal corridor regardless of whether the space is open to the public including washroom facilities, storage rooms, employee-only areas, and similar spaces.

(d)        does not apply to Dwelling Units.

(140)         "visitor parking stall" means a motor vehicle parking stall intended only for the use of visitors to Dwelling Units and Live Work Units.

(141)         "walkout basement" means a basement in a building which has a door that exits directly from the basement to the exterior at grade that is substantially at the same level as the basement floor.

13P2008, 47P2008, 53P2008, 67P2008, 68P2008, 71P2008, 51P2008, 41P2009, 32P2009, 46P2009, 3P2010, 26P2010, 12P2010, 39P2010, 7P2011,  27P2011, 30P2011, 31P2011, 35P2011, 9P2012, 5P2013, 38P2013, 44P2013, 33P2013, 24P2014, 5P2015, 15P2016, 43P2016, 13P2017, 20P2017, 37P2017

Methods

14        (1)             Unless otherwise specified in this Bylaw, proper mathematical rounding to the nearest significant digit is required for any rule in this Bylaw where a mathematical calculation is performed.

(2)              For the purpose of calculating the following:

(a)        where density is calculated in units per hectare, it is always to be rounded down to the next lower whole number;

(b)        trees in a setback area or a landscaped area are always rounded up to the next higher whole number;

(c)        shrubs in a setback area or a landscaped area are always rounded up to the next higher whole number;

(d)        the landscaped area and tree and shrub requirements of a setback area that borders two or more of:

(i)         an expressway;

(ii)        lane;

(iii)       LRT corridor;

(iv)       major street;

(v)        street;

(vi)       Headworks Canal operated by the Western Irrigation District; or

(vii)      any land use district;

 

are determined by the longest distance of property line bordering the setback area; and

 

(e)        where determining the contextual building setback and the number arrived at is less than zero metres, the contextual building setback is zero metres.

47P2008

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