Town of Jasper Zoning Regulations (C.R.C., c. 1111)

1 [Repealed, SOR/2004-314, s. 2]

Interpretation

2 In these Regulations,

accessory building

accessory building means a subordinate building or portion of a main building that is not used for human habitation; (dépendance)

accessory use

accessory use, with respect to land, a subordinate building or part thereof, or a portion of a main building, means a use that is accessory or incidental to the principal use of that land or building; (usage secondaire)

accommodation unit

accommodation unit means a room for the accommodation of the public that contains at least one bed; (chambre)

automobile and trailer sales area

automobile and trailer sales area means an open area used for the display, sale or rental of new or used motor vehicles or trailers, where no repair work is done except minor incidental repairs to the motor vehicles or trailers to be displayed, sold or rented; (terrain de vente d’automobiles et de roulottes)

automobile parking space

automobile parking space means a space not less than nine feet by 20 feet, either within a building or on a lot or public parking area, intended for the temporary parking or storage of one automobile and with adequate provision for the ingress and egress of an automobile; (place de stationnement)

automobile service station

automobile service station means a place for supplying fuel, oil and minor accessories for motor vehicles at retail prices directly to the user and for making minor servicing or running repairs essential to the operation of motor vehicles; (station-service)

automobile trade

automobile trade means the storing, selling or offering for sale at retail prices of motor vehicles and accessories therefor; (commerce d’automobile)

boarding house

boarding house means a building or portion thereof, other than a hotel or an apartment block, where lodging or meals for four or more persons, exclusive of the proprietor and his family, are provided for gain or reward; (pension de famille)

building area

building area means the horizontal area of a building measured at ground level excluding porches, chimneys, steps, terraces, bay windows and other projections; (superficie du bâtiment)

carport

carport means an open-sided roofed automobile shelter; (abri pour voiture)

cellar

cellar means that portion of a building having more than one-half of its height, from finished floor to the underside of the first floor, below the grade of the building; (cave)

corner lot

corner lot means a lot situated at the intersection of two or more streets; (lot d’angle)

Director

Director[Repealed, SOR/92-61, s. 3]

director-general

director-general means the director-general of the Western Region of the Canadian Parks Service of the Department of the Environment; (directeur général)

district

district means an area of the Town of Jasper designated as a district pursuant to section 4; (zone)

dwelling

dwelling means a building or portion thereof designed for residential occupancy and includes a one-family, two-family and multiple-family dwelling, but does not include a hotel, a boarding house or a motel; (habitation)

dwelling unit

dwelling unit means one or more rooms connected as a separate unit in the same structure and constituting an independent housekeeping unit for residential occupancy by a family, with facilities for persons to sleep, cook and eat and with its own sanitary facilities; (logement)

first storey

first storey means the storey of a building closest to the grade along the front of the building and having its ceiling six feet or more above the grade of the building; (rez-de-chaussée)

front lot line

front lot line means,

• (a) in the case of an interior lot, the boundary line of the lot separating the lot from the street, and

• (b) in the case of a corner lot

  • (i) with equal frontage, the front boundary line of the lot as designated by the director-general, and

  • (ii) with unequal frontage, the boundary line of the lot separating the narrowest street frontage of the lot from the street; (limite avant du lot)

front yard

front yard means the area of a lot fronting on a street and extending across the full width of the lot, and in the case of a lot with an unusual design or shape, the area designated by the director-general; (cour avant)

front yard depth

front yard depth means the average horizontal distance between the main structure, clear of projections or the main storage area on a lot, as the case may be, and the front lot line; (profondeur de la cour avant)

grade

grade means

• (a) with reference to a building, the average finished level of the ground around the building as determined by the director-general, and

• (b) with reference to a street or lane, the finished level of that street or lane; (niveau du sol)

habitable room

habitable room means a room, other than a room in a cellar, designed for living, sleeping, eating or for the preparation of food, and includes a den, library, sewing room, recreation room or enclosed sunroom; (pièce habitable)

half storey

half storey means a storey under a roof, the wall plates of which on at least two exterior walls are not more than two feet above the floor thereof; (demi-étage)

height

height means, with reference to a building, the vertical distance of a building measured from the average level of the grade along the front of the building to

• (a) the parapet, in the case of a flat roof,

• (b) the deck line, in the case of a mansard roof, or

• (c) the mean height level between eaves and ridge, in the case of a gable, hip or gambrel-roof; (hauteur)

home occupation

home occupation means an occupation conducted for gain or reward within a dwelling as a secondary use of that dwelling; (occupation à domicile)

hostel

hostel means a building intended for use or used as a temporary place of lodging for individuals and containing communal cooking facilities or provision for cooking in any individual room or apartment, but does not include a hotel or motel; (auberge)

hotel

hotel means a building containing

• (a) not less than 20 guest bedrooms or suites with no provision for cooking therein, and

• (b) a general kitchen or dining room and other public rooms,

but does not include a hostel or motel; (hôtel)

housekeeping unit

housekeeping unit means one or more habitable rooms for use as a unit for dwelling purposes by one family and containing separate facilities for the preparation of food; (unité de logement)

interior lot

interior lot means a lot other than a corner lot; (lot intérieur)

Jasper Townsite

Jasper Townsite[Repealed, SOR/92-61, s. 3]

lane

lane means a public thoroughfare not over 33 feet in width that affords a secondary means of access to a lot; (ruelle)

living room

living room means the principal habitable room in a dwelling, not being a dining room, sleeping room, library, den, sewing room or sunroom; (vivoir)

loading space

loading space means a space,

• (a) on the same lot with a building or contiguous to a group of buildings,

• (b) intended for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and

• (c) that abuts upon a street, lane or other means of access; (espace de chargement)

lot

lot means a parcel of lane abutting on a public street; (lot)

lot area

lot area means the total horizontal area within the boundary lines of a lot; (superficie du lot)

lot depth

lot depth means the horizontal distance of a lot between the front and rear lot lines, measured along the median between the side lot lines; (profondeur du lot)

lot width

lot width means the horizontal distance of a lot between the side lot lines, measured at right angles to the median between those lines at a point on the median that is midway between the front lot line and the rear lot line or 40 feet from the street it faces, whichever is the lesser; (largeur du lot)

mobile home

mobile home means a transportable one-family dwelling unit that is

• (a) designed and constructed so as to be movable from place to place either on its own wheels or otherwise,

• (b) equipped to receive service utilities so as to be suitable for year round long term occupancy, and

• (c) capable of being on jacks, posts or piers,

but does not include a travel trailer; (maison mobile)

motel

motel means a group of attached or detached buildings containing individual sleeping or housekeeping units, rooms or cabins designed primarily for temporary use by automobile tourists or transients, with a garage or parking space appurtenant to each unit, and includes an auto court, a tourist court, a motor hotel and a motor lodge; (motel)

multiple dwelling

multiple dwelling means a building or portion thereof designed for occupancy by three or more families living independently of each other; (habitation multifamiliale)

non-conforming structure

non-conforming structure means a structure or portion thereof that, on March 28, 1968, was lawfully located in a district but does not comply with the requirements of these Regulations applicable to that district; (construction non réglementaire)

non-conforming use

non-conforming use means, with reference to a building or land, the use to which the building or land was lawfully put in a district on March 28, 1968, but which use does not comply with the requirements of these Regulations applicable to that district; (usage non réglementaire)

one-family dwelling

one-family dwelling means a detached building containing only one dwelling unit and designed solely for occupancy by one family; (habitation familiale)

personal service shop

personal service shop means a building or part of a building in which services, other than repair services, are provided to individuals; (établissement de soins personnels)

private garage

private garage means a subordinate building or portion of a main building used for the parking or temporary storage of the motor vehicles of the occupants of the main building; (garage privé)

public garage

public garage means a building for the care, repair or equipping of motor vehicles or for the parking or storing of motor vehicles for remuneration, hire or sale; (garage public)

public parking area

public parking area means a structure or an open area, other than a street, used for the temporary parking of more than four automobiles and available for public use without charge or for compensation or as an accommodation for clients or customers; (stationnement public)

rear lot line

rear lot line means

• (a) in the case of a regular shaped lot the boundary line opposite and furthest in distance from the front lot line, and

• (b) in the case of an irregular shaped lot, a line 10 feet in length within the lot parallel to and at the maximum distance from the front lot line; (limite arrière d’un lot)

rear yard

rear yard means a yard extending across the full width of a lot between the rearmost main building or main storage area and the rear lot line; (cour arrière)

rear yard depth

rear yard depth means the distance measured horizontally from the nearest point of the rear lot line toward the nearest part of the main structure, clear of projections, or the main storage area, as the case may be; (profondeur de la cour arrière)

row house

row house means a detached building divided vertically into three or more dwelling units; (maison de rangée)

service shop

service shop means an enclosed building or part of a building in which the repair, sale and servicing of goods is carried on; (atelier de service)

side lot line

side lot line means any boundary line of a lot that is not a front lot line or a rear lot line; (limite latérale d’un lot)

side yard

side yard means a yard between a main building or main storage area and the side lot line extending from the nearest line of the front yard, or the front lot line where no front yard is required by these Regulations, to the rear yard; (cour latérale)

side yard width

side yard width means the distance measured horizontally from the nearest point of the side lot line toward the nearest part of the main structure on the lot, clear of projections, or the main storage area, as the case may be; (largeur de la cour latérale)

storey

storey means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between the floor and the ceiling above it; (étage)

street

street means a public thoroughfare having a right-of-way at least 33 feet in width, that affords the principal means of access to abutting lands; (rue)

structural alteration

structural alteration means any change or addition to the supporting members of a structure, including the foundations, bearing walls, rafters, columns, beams and girders; (réfection de charpente)

structure

structure means anything constructed or erected that requires location on the ground or is attached to something having a location on the ground; (construction)

subordinate building

subordinate building means a detached building the use of which in relation to another building on the same lot is ordinarily incidental or subordinate to that building; (bâtiment secondaire)

Superintendent

Superintendent[Repealed, SOR/92-61, s. 3]

through lot

through lot means a lot having frontage on two parallel or approximately parallel streets; (lot traversant)

tot lot

tot lot means an area set aside as a public playground for the use of children of pre-school age; (terrain de jeu pour bambins)

Town of Jasper

Town of Jasper means the area in Jasper National Park of Canada that is enclosed by a broken line on the map set out in the schedule; (périmètre urbain de Jasper)

trailer

trailer means a vehicle or portable structure having no foundation other than wheels, jacks or skirtings and constructed to permit occupancy for dwelling purposes or the carrying of goods; (roulotte)

two-family dwelling

two-family dwelling means a building designed exclusively for occupancy by two families living independently of each other; (habitation bifamiliale)

use

use means the purpose for which land is intended, or to which it may be put; (usage)

yard

yard means an open space on a lot. (cour)

Application

3 These Regulations apply to all lands within the Town of Jasper.

Districts

• 4 (1) For the purposes of these Regulations, the Town of Jasper is divided into districts the boundaries of which are shown on the map forming the schedule to these Regulations and designated as follows:

  	District	Short Title
  1	Public Open Space District	“O”
  2	One-Family Dwelling District	“R1”
  3	Two-Family Dwelling District	“R2”
  4	Multiple-Family Dwelling District	“R3”
  5	Mobile Home District	“R4”
  6	Central Business District	“C1”
  7	Tourist Commercial District	“C2”
  8	Storage and Services District	“S”

• (2) For the purpose of determining the boundaries of various districts shown on the schedule, the following rules apply:

  • (a) where a district boundary is indicated as approximately following the centre line of a street, lane or watercourse, the boundary is the centre line of that street, lane or water course;

  • (b) where a street or lane shown on the schedule is subsequently closed and that street or lane was a district boundary between two or more different districts, the new boundary is the former centre line of that street or lane, until otherwise indicated; and

  • (c) where a district boundary is indicated as approximately following lot lines, the boundary follows those lot lines.

Public Open Space District

Permitted Uses

5 In a Public Open Space District, the following uses are permitted:

• (a) cemeteries;

• (b) churches;

• (c) hospitals with or without dormitory facilities;

• (d) parks, playgrounds, recreation areas;

• (e) public buildings and public utilities installations;

• (f) public libraries and public museums;

• (g) club houses, pavilions and corrals, for golf, boating, sailing, horse riding and other recreational uses;

• (h) public schools;

• (i) public parking areas;

• (j) public swimming pools, wading pools and tot lots;

• (k) staff residences appurtenant to hospitals, churches, universities and police stations for the accommodation of staff who by virtue of their responsibilities must reside adjacent to their place of employment; and

• (l) accessory buildings or uses when such buildings or uses are necessarily incidental to a use permitted in this district.

One-Family Dwelling District

Permitted Uses

6 In a One-Family Dwelling District, the following uses are permitted:

• (a) one-family dwellings;

• (b) kindergartens and day nurseries;

• (c) public schools;

• (d) churches, church halls and Sunday schools;

• (e) public libraries;

• (f) public parks, playgrounds and tot lots;

• (g) public utility installations excluding any uses that are primarily of a maintenance or storage nature;

• (h) home occupations;

• (i) accessory buildings or accessory uses when such buildings or uses are necessarily incidental to a use permitted in this district; and

• (j) boarding and lodging if such boarding and lodging is provided for not more than three boarders or lodgers, none of whom are members of the transient public, in each dwelling.

Requirements

• 7 (1) In a One-Family Dwelling District, no person shall erect more than one one-family dwelling on any lot and no person shall erect a one-family dwelling on any lot unless,

  • (a) the lot area is at least 5,000 square feet or, if the lot existed prior to March 28, 1968, the lot area is at least 4,000 square feet;

  • (b) the lot width is at least 50 feet or, if the lot existed prior to March 28, 1968, the lot width is at least 40 feet;

  • (c) the front yard depth is at least 20 feet;

  • (d) in the case of a corner lot the width of

    • (i) the side yard abutting a street is not less than 15 feet from the side lot line, and

    • (ii) the side yard not abutting the street is not less than four feet from the side lot line in the case of a one-storey dwelling and six feet from the side lot line in the case of a two-storey dwelling;

  • (e) in the case of an interior lot where

    • (i) a private garage or carport is to be included, or

    • (ii) a private garage or carport is not to be included but there is alternate access to the lot from the lane

    the width of each side yard is not less than the distance prescribed in subparagraph (d)(ii);

  • (f) in the case of an interior lot where a private garage or carport is not to be included and there is no alternate access from a lane to the lot, the width of one side yard is not less than 12 feet measured from the dwelling, clear of projections, and the width of the other side yard is not less than the distance prescribed in subparagraph (d)(ii);

  • (g) the rear yard depth is at least 25 feet or, if the rear face of the building contains a window to a living room, at least 35 feet;

  • (h) the height of the dwelling does not exceed two storeys or 30 feet, whichever is the lesser; and

  • (i) off-street parking is provided as required by section 42.

• (2) In a One-Family Dwelling District, no person shall erect a non-residential building unless,

  • (a) the lot area is at least

    • (i) 7,500 square feet, in the case of a kindergarten, day nursery or a library, or

    • (ii) 20,000 square feet, in the case of a church, a church hall or a Sunday school;

  • (b) the lot width is at least

    • (i) 80 feet, in the case of a kindergarten, day nursery or a library, or

    • (ii) 100 feet, in the case of a church, a church hall or a Sunday school;

  • (c) the front yard depth is at least 30 feet;

  • (d) the width of each side yard is at least 15 feet;

  • (e) the rear yard depth is at least

    • (i) 25 feet, in the case of a church, a church hall or a Sunday school, where the lot abuts a residential use,

    • (ii) 10 feet, in the case of a church, a church hall or a Sunday school, where the lot does not abut a residential use, or

    • (iii) 25 feet, in the case of any other permitted use; and

  • (f) the height of the building or structure does not exceed 30 feet except in the case of a church or hospital.

• (3) In a One-Family Dwelling District, no person shall erect a detached accessory building unless,

  • (a) the area of the building is less than 10 per cent of the lot area on which it is located;

  • (b) it is located not less than five feet measured from the main building, clear of all projections, or, if located directly opposite a wall containing a window of a habitable room other than a second storey or higher window, it is not closer than 20 feet from that wall;

  • (c) if it is located in a side or rear yard it is at least three feet from the lot lines; and

  • (d) the height of the building does not exceed 15 feet or one storey, whichever is the lesser.

Two-Family Dwelling District

Permitted Uses

8 In a Two-Family Dwelling District, the following uses are permitted:

• (a) any use set out in section 6; and

• (b) two-family dwellings.

Requirements

• 9 (1) The requirements set out in subsection 7(1) apply to the erection of a one-family dwelling in a Two-Family Dwelling District.

• (2) In a Two-Family Dwelling District, no person shall erect more than one two-family dwelling on any lot and no person shall erect a two-family dwelling on any lot unless,

  • (a) the lot area is at least 5,000 square feet;

  • (b) the lot width is at least 50 feet;

  • (c) the front yard depth is at least 20 feet;

  • (d) in the case of a corner lot the width of

    • (i) the side yard abutting a street is not less than 15 feet from the side lot line, and

    • (ii) the side yard not abutting the street is not less than four feet from the side lot line in the case of a one-storey dwelling and six feet from the side lot line in the case of a two-storey dwelling;

  • (e) in the case of an interior lot where

    • (i) a private garage or carport is to be included, or

    • (ii) a private garage or carport is not to be included but there is alternate access to the lot from the lane

    the width of each side yard is not less than the distance prescribed in subparagraph (d)(ii);

  • (f) in the case of an interior lot where a private garage or carport is not to be included and there is no alternate access from a lane to the lot, the width of one side yard is not less than 12 feet measured from the dwelling, clear of projections, and the width of the other side yard is not less than the distance prescribed in subparagraph (d)(ii);

  • (g) the rear yard depth is at least 25 feet or if the rear face of the building contains a window to a living room, 35 feet;

  • (h) the height of the dwelling does not exceed two storeys or 30 feet, whichever is the lesser; and

  • (i) off-street parking is provided as required by section 42.

• (3) In a Two-Family Dwelling District, the requirements set out in

  • (a) subsection 7(2) apply to non-residential buildings; and

  • (b) subsection 7(3) apply to detached accessory buildings.

Multiple-Family Dwelling District

Permitted Uses

10 In a Multiple-Family Dwelling District, the following uses are permitted:

• (a) any use set out in section 8;

• (b) row housing;

• (c) multiple-family dwellings;

• (d) boarding houses and hostels; and

• (e) hospitals.

Requirements

• 11 (1) In a Multiple-Family Dwelling District, the requirements set out in

  • (a) subsection 7(1) apply to one-family dwellings; and

  • (b) subsection 9(2) apply to two-family dwellings.

• (2) In a Multiple-Family Dwelling District no person shall erect a row house unless

  • (a) the lot area contains at least 2,000 square feet for each internal dwelling unit or 2,500 square feet for each end dwelling unit, exclusive of parking spaces, streets, vehicular access and public open space;

  • (b) the lot width is at least 80 feet;

  • (c) the front yard depth is at least 12 feet;

  • (d) the width of each side yard is at least

    • (i) six feet, if the end walls contain no windows to habitable rooms,

    • (ii) 25 feet, if the end walls contain a window to a habitable room, or

    • (iii) 12 feet on the side of a corner lot;

  • (e) the rear yard depth is at least 35 feet;

  • (f) the height of the building or structure does not exceed three storeys or 45 feet, whichever is the lesser; and

  • (g) off-street parking is provided as required by section 42.

• (3) In a Multiple-Family Dwelling District, no person shall erect a multiple-family dwelling unless

  • (a) the lot area contains at least 1,000 square feet for each dwelling unit;

  • (b) the lot width is at least 80 feet;

  • (c) the front yard depth is at least 20 feet;

  • (d) the width of any side yard

    • (i) abutting a street is at least 15 feet, and

    • (ii) not abutting a street is

      • (A) the greater of 12 feet or a distance, not exceeding 25 feet, equal to one-half of the height of the wall of the dwelling abutting the yard, if that wall contains a window to a habitable room, or

      • (B) the greater of 7 1/2 feet or a distance, not exceeding 12 feet, equal to one-quarter of the height of the wall of the dwelling abutting the yard, if that wall does not contain a window to a habitable room;

  • (e) the rear yard depth is at least 35 feet;

  • (f) the height of the building or structure does not exceed three storeys or 45 feet, whichever is the lesser; and

  • (g) off-street parking is provided as required by section 42.

• (4) In a Multiple-Family Dwelling District, no person shall erect a boarding house, rooming house or hostel unless

  • (a) the lot area contains at least 500 square feet for each sleeping unit;

  • (b) the lot width is at least 80 feet;

  • (c) the front yard depth is at least 20 feet;

  • (d) the width of any side yard

    • (i) abutting a street is at least 15 feet, and

    • (ii) not abutting a street is

      • (A) the greater of 12 feet or a distance, not exceeding 25 feet, equal to one-half of the height of the wall of the dwelling abutting the yard, if that wall contains a window to a habitable room, or

      • (B) the greater of 7 1/2 feet or a distance, not exceeding 12 feet, equal to one-quarter of the height of the wall of the dwelling abutting the yard, if that wall does not contain a window to a habitable room;

  • (e) the rear yard depth is at least 35 feet;

  • (f) the height of the building or structure does not exceed three storeys or 45 feet, whichever is the lesser; and

  • (g) off-street parking is provided as required by section 42.

• (5) In a Multiple-Family Dwelling District, the requirements set out in

  • (a) subsection 7(2) apply to non-residential buildings; and

  • (b) subsection 7(3) apply to detached accessory buildings.

Cabin Creek West Development Requirements

• 11.1 (1) For the purposes of sections 11.2 to 11.7, Cabin Creek West Development means that part of Jasper National Park of Canada shown on a plan of survey of record in the Canada Lands Surveys Records of the Department of Energy, Mines and Resources, Ottawa, as number 67067, and designated under the National Parks Townsite and Subdivision Regulations.

• (2) For the purpose of section 11.4, screened means having a visual barrier such as a fence, coniferous trees or shrubs in the sight line between lots to provide visual privacy.

• (3) For the purpose of section 11.5, loft means a floor space within a dwelling that is constructed above the eave line and within the pitch of the roof and is open to a room below.

• 11.2 (1) Subject to subsection (2) and notwithstanding paragraphs 7(1)(c), 9(2)(c) and 11(2)(c), the minimum front yard depth on lots in the Cabin Creek West Development shall be

  • (a) 7.5 m where the lot depth exceeds 32 m and the slope of the lot between the front and rear lot lines does not exceed 10 per cent;

  • (b) 6 m where the lot depth does not exceed 32 m and the slope of the lot between the front and rear lot lines does not exceed 10 per cent;

  • (c) 6 m, where the lot depth exceeds 32 m and the slope of the lot between the front and rear lot lines exceeds 10 per cent; or

  • (d) 4.5 m, where the lot depth does not exceed 32 m and the slope of the lot between the front and rear lot lines exceeds 10 per cent.

• (2) Paragraph (1)(c) applies where that portion of the dwelling within 7.5 m of the front lot line

  • (a) is not higher than 7.5 m measured from the grade; or

  • (b) does not include more than one storey above a private garage attached to the front of the dwelling.

11.3 Notwithstanding paragraphs 7(1)(d), (e) and (f) and paragraphs 33(a) and (b), the following side yard requirements may be applied to lots 30 to 37, block 40, which are designated as R1 in the Cabin Creek West Development:

• (a) lots 30 to 37, one side yard width, other than a side yard abutting a street, may be reduced to zero where

  • (i) the lessee of the adjacent lot grants a 2 m easement for the purpose of an eave and footing encroachment or a maintenance access,

  • (ii) roof drainage from any dwelling that encroaches on an adjacent lot is confined to the lot on which the dwelling is situated by means of eavestroughs and downspouts, and

  • (iii) easements described in paragraph (a) are recorded in the leases applicable to both affected lots; and

• (b) lots 30 to 36, the side yard width, opposite a side yard that has been reduced to zero, may be reduced to 3 m.

11.4 Notwithstanding paragraphs 7(1)(g), 9(2)(g) and 11(2)(e), the rear yard depth on lots in the Cabin Creek West Development may be reduced to 7.5 m where the outlook from a living room window at the rear of a dwelling on the lot is screened.

• 11.5 (1) Notwithstanding paragraphs 7(1)(h), 9(2)(h) and 11(2)(f) and subject to subsections (2) and (3), the maximum height of any dwelling on lots in the Cabin Creek West Development shall be 7.5 m measured from the grade to the eaves of the dwelling, or two and one-half storeys, whichever is the lesser.

• (2) The Superintendent may reduce the maximum height of any dwelling to a maximum of one storey for those dwellings referred to in subsection (1) where

  • (a) the dwelling is not compatible in design and size with the proposed location; or

  • (b) the height of the proposed dwelling interferes with views from dwellings on adjacent lots.

• (3) The Superintendent may alllow extra height of one-half of one storey for any dwelling in the Cabin Creek West Development

  • (a) for the purpose of a loft if the floor area of the loft does not exceed 40 per cent of the floor area of the room below; or

  • (b) where off street parking is provided, at a rate of two parking spaces per dwelling unit.

11.6 Notwithstanding paragraphs 11(2)(b) and (d) and section 11.2, the following requirements may be applied to the subdivisions of lot 1, block 38, to the subdivisions of lots 1, 3 and 4, block 39 and to the subdivisions of lots 26 and 28, block 40, which are designated as R3 in the Cabin Creek West Development:

• (a) the lot width shall be at least 6 m;

• (b) the front yard depth shall be 6 m measured inside and parallel to the front property line; and

• (c) the side yard width may be

  • (i) zero on both sides, in the case of an interior dwelling unit, or

  • (ii) zero on one side, in the case of an end dwelling unit, and where

    • (A) a side abuts a street, that side shall be 4.5 m,

    • (B) the side of any dwelling unit contains a window to a habitable room and faces the side of a dwelling unit that contains a window to a habitable room, that side shall be 8 m,

    • (C) the side of any dwelling unit contains a window to a habitable room and faces the side of a dwelling unit that does not contain a window, the side shall be 4 m, and

    • (D) the side of any dwelling unit that does not contain a window faces the side of a dwelling unit that does not contain a window, the side shall be 1.2 m.

11.7 No person shall erect a dwelling in the Cabin Creek West Development unless it meets the requirements set out in sections 11.2 to 11.6.

Mobile Home District

Permitted Uses

12 In a Mobile Home District, the following uses are permitted:

• (a) mobile homes;

• (b) public parks, playgrounds and tot lots;

• (c) public utility installations other than any uses that are primarily of a maintenance or storage nature; and

• (d) accessory buildings or accessory uses that are necessarily incidental to a use permitted in this district.

Requirements

• 13 (1) In a Mobile Home District,

  • (a) no person shall place more than one mobile home on any lot; and

  • (b) no person shall place a mobile home on any lot unless

    • (i) the lot area is at least 3,600 square feet,

    • (ii) the lot width is at least 40 feet,

    • (iii) the front yard depth is at least 12 feet,

    • (iv) the rear yard depth is at least 10 feet,

    • (v) one side yard is at least 20 feet in width from the side lot line and the other side yard is at least five feet in width from the other side lot line,

    • (vi) off-street parking is provided as required by section 41, and

    • (vii) the mobile home meets the following standards set by the Canadian Standards Association, namely,

      • (A) Structural Requirements for Mobile Homes, CSA Z240.2.1.-1979, published in September, 1979,

      • (B) Vehicle Equipment Requirements for Mobile Homes and Recreational Vehicles, CSA Z240.1.-1975, published in December, 1975,

      • (C) Plumbing Requirements for Mobile Housing, CSA Z240.3.1.-1973, published in February, 1973,

      • (D) Oil Requirements for Mobile Housing and Recreational Vehicles, CSA Z240.5.-1971, published in October, 1971,

      • (E) Electrical Requirements for Mobile Homes, CSA Z240.6.1.-1976, published in July, 1976, and

      • (F) Gas-Equipped Recreational Vehicles and Mobile Housing, CSA Z240.4.-1974, published in March, 1974.

• (2) The maximum area of a lot in a Mobile Home District that may be developed is 50 per cent of the lot area.

• (3) No person shall place on any lot in a Mobile Home District any mobile home that has dimensions of less than 12 or more than 14 feet in width or of less than 50 or more than 68 feet in length.

• (4) In a Mobile Home District,

  • (a) no person shall erect more than one detached accessory building; and

  • (b) no person shall erect a detached accessory building unless

    • (i) [Repealed, SOR/81-876, s. 2]

    • (ii) the area of the accessory building is not more than 144 square feet,

    • (iii) in the case of a corner lot, the accessory building is located at least 12 feet from the side lot line abutting a street and at least five feet from the side lot line not abutting a street,

    • (iv) in the case of an interior lot, the accessory building is located at least five feet from each side lot line,

    • (v) the accessory building is located at least five feet from the rear lot line,

    • (vi) the accessory building is located at least three feet from the mobile home or any extension thereof,

    • (vii) the accessory building is located so as not to screen any window of a habitable room,

    • (viii) the height of the accessory building is less than 10 feet, and

    • (ix) in the opinion of the Superintendent, the accessory building is architecturally compatible with the mobile home.

• (5) In a Mobile Home District,

  • (a) no person shall erect more than one attached accessory building; and

  • (b) no person shall erect an attached accessory building unless

    • (i) [Repealed, SOR/81-876, s. 2]

    • (ii) the accessory building is to serve as a porch at either entrance to the mobile home,

    • (iii) the area of the accessory building is not more than 100 square feet or less than 20 square feet,

    • (iv) the width of the accessory building is not more than eight feet, and

    • (v) in the opinion of the Superintendent, the accessory building is architecturally compatible with the mobile home.

• (6) In a Mobile Home District, no person shall erect a carport unless

  • (a) [Repealed, SOR/81-876, s. 2]

  • (b) the carport is located at the side of the lot having the greatest side yard width;

  • (c) the carport is located at least five feet from the side lot line;

  • (d) the area of the carport is not more than 320 square feet or less than 200 square feet; and

  • (e) in the opinion of the Superintendent, the carport is architecturally compatible with the mobile home.

Central Business District

Permitted Uses

14 In a Central Business District, the following uses are permitted:

• (a) retail stores or retail businesses within an enclosed building;

• (b) amusement enterprises including bowling alleys and theatres if conducted wholly within an enclosed building;

• (c) auditoriums, halls and community centres;

• (d) automobile rental businesses;

• (e) automobile service stations;

• (f) banks;

• (g) barber shops and beauty parlours;

• (h) beer parlours;

• (i) beverage rooms;

• (j) blueprinting shops;

• (k) business and professional offices;

• (l) churches and parish halls;

• (m) clothes cleaning, laundry or pressing establishments including coin wash, coin cleaning and depots for the collection of dry cleaning and laundry;

• (n) commercial clubs;

• (o) cocktail lounges;

• (p) delicatessen stores;

• (q) dwelling units as a secondary incidental use only when within the second or third storey of a building permitted by these Regulations;

• (r) frozen food lockers;

• (s) fuel order offices;

• (t) funeral parlours;

• (u) libraries;

• (v) meat markets;

• (w) medical or dental clinics and laboratories, excepting veterinarian services and facilities;

• (x) news stands;

• (y) non-profit clubs, fraternities or lodges;

• (z) passenger terminals;

• (aa) personal service shops;

• (bb) photostating shops;

• (cc) printing, lithographing or publishing shops;

• (dd) public buildings, parks and playgrounds;

• (ee) public parking areas;

• (ff) public utility installations, excluding any uses that are primarily of a maintenance or storage nature;

• (gg) radio and television repair shops;

• (hh) restaurants, tea rooms or cafes, including dancing or entertainment;

• (ii) shoe repair shops and shoe shining shops;

• (jj) showrooms, if conducted wholly within a completely enclosed building;

• (kk) staff hostels;

• (ll) storage buildings, if in conjunction with retail stores or business offices;

• (mm) studios, including art galleries, photographic studios and music studios;

• (nn) tailor and dressmaking shops;

• (oo) taxi stands;

• (pp) upholstering shops, if conducted wholly within a completely enclosed building; and

• (qq) uses and accessory buildings necessarily incidental to any use permitted in this district.

Existing Hotels

• 15 (1) The provisions of these Regulations applicable to non-conforming structures and non-conforming uses do not apply to any hotel located in a Central Business District on March 28, 1968.

• (2) Where a hotel described in subsection (1) is reconstructed or altered so as to provide more units, the owner thereof shall provide the parking spaces for those units as required by section 42 and where the reconstruction or alteration results in the same or a lesser number of units, no reduction shall be made in the number of parking spaces existing for that hotel on March 28, 1968.

Requirements

• 16 (1) In the Central Business District, no structure other than an accessory building shall be erected unless

  • (a) a comprehensive plan showing the uses to which the entire lot on which the structure is to be located has been approved by the director-general;

  • (b) the width of the side yard on the side of the main building closest to an adjacent dwelling, church or church hall in a Public Open Space District, a One-Family Dwelling District, Two-Family Dwelling District or a Multiple-Family Dwelling District is at least 10 feet and the width of any other side yard, if provided, is at least three feet;

  • (c) the height of the structure does not exceed 9 m; and

  • (d) off-street parking and loading spaces are provided as required by sections 42 and 44.

• (2) The requirements set out in subsection 7(3) apply to detached accessory buildings in a Central Business District.

Tourist Commercial District

Permitted Uses

17 In a Tourist Commercial District, the following uses are permitted:

• (a) automobile leasing agencies, excluding uses for the servicing and storage of automobiles to be leased;

• (b) automobile service stations;

• (c) churches;

• (d) cocktail lounges, gift shops and dining rooms constructed as part of a hotel, motel or service station structure;

• (e) community centres;

• (f) hotels;

• (g) motels and motor hotels;

• (h) parks or playgrounds;

• (i) public parking areas;

• (j) public utility installations excluding any uses that are primarily of a maintenance or storage nature;

• (k) restaurants, coffee shops and dining rooms;

• (l) office buildings; and

• (m) uses and buildings necessarily incidental to any use permitted in this district.

Requirements

• 18 (1) In a Tourist Commercial District, no person shall erect an automobile service station unless

  • (a) the lot area is at least 15,000 square feet;

  • (b) the front, side and rear yards depths are at least

    • (i) 15 feet, when measured from the pumps or any other structures used for selling oil or gas, and

    • (ii) 25 feet, when measured from the main building;

  • (c) the height of the building or structure does not exceed two storeys or 30 feet, whichever is the lesser;

  • (d) vehicular access to the lot is provided by way of entrances and exits having a width of at least 25 feet and not more than 30 feet; and

  • (e) a curb or barrier is provided and maintained on or near all street lot lines so as to prevent vehicles from entering or leaving the lot other than by way of the entrances and exits mentioned in paragraph (d).

• (2) In a Tourist Commercial District, no person shall erect a structure other than a detached accessory building unless

  • (a) the lot area is at least

    • (i) 20,000 square feet, where the structure is intended for use as a hotel or a motel, with or without a cocktail lounge, gift shop or dining room, and

    • (ii) 10,000 square feet, where the structure is intended for use only as a restaurant, a coffee shop or a dining room;

  • (b) the lot width is at least

    • (i) 150 feet, where the structure is intended for use as a hotel or a motel, with or without a cocktail lounge, gift shop or dining room, and

    • (ii) 100 feet, where the structure is intended for use only as a restaurant, a coffee shop or a dining room;

  • (c) the front yard depth is at least 35 feet;

  • (d) the width of each side yard is at least 10 feet;

  • (e) the rear yard depth is at least 25 feet;

  • (f) the height of the structure does not exceed 10.6 m; and

  • (g) off-street parking is provided as required by section 42.

• (3) The requirements set out in subsection 7(3) apply to detached accessory buildings in a Tourist Commercial District except that no person shall erect a detached accessory building in such a district if the height of the detached accessory building exceeds 20 feet or one storey, whichever is the lesser.

Storage and Services District

Permitted Uses

19 In a Storage and Services District the following uses are permitted:

• (a) bakeries;

• (b) bottling plants;

• (c) building contractors yards;

• (d) bus, truck or freight terminals;

• (e) catering establishments;

• (f) cleaning establishments including dry cleaners, dyers or furriers;

• (g) dairies and creameries;

• (h) fuel and lumber yards, bulk oil storage;

• (i) ice storage;

• (j) laboratories;

• (k) parking areas;

• (l) plumbing and sheet metal shops;

• (m) public garages;

• (n) public utility installations and public buildings;

• (o) retail stores, only if such use is incidental to another use permitted in this district;

• (p) service shops;

• (q) sign manufacturing and painting shops;

• (r) staff accommodation related to the operation and maintenance of Jasper National Park of Canada;

• (s) storage and repair yards;

• (t) uses and accessory building necessarily incidental to any use permitted in this district;

• (u) veterinarian services and facilities;

• (v) wholesale business warehouse or storage buildings; and

• (w) other processing, fabricating and servicing establishments at the discretion of the director-general.

Requirements

• 20 (1) In a Storage and Services District no person shall erect a structure other than a detached accessory building unless

  • (a) the lot area is at least 5,000 square feet;

  • (b) the lot width is at least 50 feet;

  • (c) the front yard depth is at least 20 feet;

  • (d) the width of any side yard on the street side of a corner lot is at least 15 feet;

  • (e) the rear yard depth is at least 20 feet;

  • (f) the height of the structure does not exceed 10.6 m; and

  • (g) off-street parking and loading spaces are provided as required by sections 42 and 44.

• (2) In a Storage and Service District no person shall erect a detached accessory building

  • (a) for dwelling purposes;

  • (b) nearer to the main building than a distance of 10 feet measured clear of all projections;

  • (c) in any front yard and closer than two feet to any side or rear lot line; or

  • (d) with a height in excess of 25 feet.

• (3) The requirements set out in paragraphs (1)(a) to (e) and paragraph (1)(g) apply to the outside storage of goods in a Storage and Services District.

Varying of Requirements

• 21 (1) Notwithstanding anything in these Regulations, the director-general may vary the requirements of these Regulations to the extent provided in subsection (2), where in his opinion

  • (a) the amenity and convenience of the community as a whole will not be adversely affected thereby;

  • (b) the amenity, convenience, character and value of adjoining properties will not be adversely affected thereby;

  • (c) the conditions necessitating a variance in the requirements of these Regulations are unique to the site in question; and

  • (d) the conditions necessitating a variance in the requirements of these Regulations have not been created by the lessee of the lot, his agents or predecessors in title.

• (2) For the purpose of subsection (1), the director-general may authorize

  • (a) an existing building or use that complies with provisions of the district in which it is located to extend into another district if

    • (i) the land into which the use or building is to extend is located adjacent to the existing building or use and is not separated therefrom by a lane or public thoroughfare,

    • (ii) the land into which the use or building is to extend was leased by the owner of the existing building or use on March 28, 1968,

    • (iii) the extension of the building or use encroaches no further than 60 feet into the adjacent district, and

    • (iv) the minimum yard and height requirements of the adjacent district are complied with;

  • (b) the addition or enlargement of a non-conforming building or structure if such addition or enlargement complies with all height and area requirements of the district in which it is to be located;

  • (c) in connection with an authorized use in any Storage and Services District such commercial or industrial uses as are purely incidental to such authorized use;

  • (d) permit the variance of the yard requirements set out in sections 7, 9, 11, 16, 18 and 20; and

  • (e) permit side yards of not less than three feet if the eaves of any building constructed thereon do not come nearer to the side lot line than three feet and the building has an average width less than that required by these Regulations for the district in which such lot is located.

General

• 22 (1) Subject to these Regulations, no person shall erect, reconstruct, structurally alter, enlarge or use any structure for any use other than a use permitted by these Regulations in the district in which that structure is located.

• (2) No person shall erect a structure without first obtaining from the director-general instructions as to the grade for that structure.

Non-conforming Structures and Uses

23 No person shall occupy a non-conforming structure, or portion thereof that has remained unoccupied for a continuous period of one year except for a use that conforms with these Regulations.

24 No person shall enlarge a non-conforming structure so as to increase the gross floor area of the structure existing on March 28, 1968 by more than 20 per cent.

25 No person shall rebuild or repair a non-conforming structure that is destroyed or damaged to an extent greater than 50 per cent of the value of the structure unless it is made to conform with the requirements of these Regulations for the district in which it is located.

26 Except for the enlarging, rebuilding or repairing of non-conforming structures referred to in section 24 or 25, no person shall make structural alterations to a non-conforming structure.

27 No person shall change a non-conforming use to another non-conforming use and if any non-conforming use is discontinued, the subsequent use shall conform to these Regulations.

28 The non-conforming use of any land or structure shall not be affected by reason of a change of lessee, sublessee or occupant.

Home Occupations

• 29 (1) No person shall carry on a home occupation other than the practice of medicine or dentistry, the practice of law, the selling of insurance or real estate, the repair of watches, radios, television sets or electrical appliances or for such other purpose as the director-general authorizes in writing.

• (2) Every person who intends to carry on a home occupation shall notify the director-general in writing prior to the commencement of the home occupation.

• (3) Every person carrying on a home occupation shall

  • (a) provide parking and traffic circulation facilities satisfactory to the director-general;

  • (b) refrain from and prevent any exterior display or advertisement other than one name plate not exceeding two square feet in area;

  • (c) not allow the unenclosed storage of materials, finished products, mechanical or other equipment on his lot other than the unenclosed storage of such material, products or equipment as are ordinarily used for housekeeping purposes, hobbies or for medical, dental or other professional purposes;

  • (d) prevent any undue noise, vibration, fumes, smoke, dust or odour emanating from such home occupation; and

  • (e) employ only one member of his family residing on the premises and one secretary, stenographer or assistant who is not a member of his family.

Moving of Structures

• 30 (1) No person shall move any structure or part thereof to any other location unless that structure or part thereof is made to conform to the provisions of these Regulations applicable to the district to which it is to be moved.

• (2) Before moving a building or portion thereof from one location to another, the owner thereof shall enter into a performance agreement with the director-general containing an undertaking of the owner to pay all damages arising out of the move and such other terms and conditions as the director-general deems necessary.

Uses Incidental to Construction

• 31 (1) No person shall erect any temporary structures on land other than a tool shed, scaffold or other structure required during any period of construction of a main or accessory building and such temporary structures shall be removed by the holder of the building permit or his agents immediately following completion of such main or accessory building.

• (2) Where any construction on a lot is discontinued or abandoned, all temporary structures on that lot shall immediately be removed by the holder of the building permit and in default thereof the director-general may remove all temporary structures and charge the costs of such removal to the holder of the building permit.

• (3) No person shall use an accessory building prior to the erection of the main building unless

  • (a) a building permit has been obtained for the main building; and

  • (b) the accessory building is necessary for the storage of tools and materials for use in connection with the construction of the main building or as a construction office.

• (4) Nothing in this section prohibits the use of part of a lot for the storage of building supplies or equipment for any reasonable period required for the construction of a building or buildings on the lot if permission is first obtained from the director-general.

Noxious or Offensive Uses

32 Notwithstanding anything in these Regulations, no person shall use land in any district if that use is, in the opinion of the director-general, noxious or offensive by reason of the production and emission of odour, dust, refuse matter, waste, vapour, smoke, gas, fumes, glare, vibration or noise.

Projections into Yards

33 No person shall erect a structure on which

• (a) the cornices, caves (including troughs), belt courses, sills or other similar architectural features other than bay windows or vertical projections, extend more than three feet into any front or side yard required by these Regulations or are closer than three feet to any side lot line;

• (b) the chimneys extend more than three feet into any front or side yard required by these Regulations or are closer than three feet to any side lot line;

• (c) any unenclosed stairways or balconies extend more than four feet into any rear yard required by these Regulations or more than 30 inches into any front yard required by these Regulations; or

• (d) any unenclosed porches, platforms or landing places, not extending above the level of the first floor of the building, extend more than six feet into any yard required by these Regulations.

Fences and Hedges

• 34 (1) Subject to subsection (2), no person shall locate any fence or hedge of a height in excess of six feet above the grade of a lot and no fence or hedge shall be located in any front yard.

• (2) A person may erect or maintain in any front yard an openwork ornamental fence or hedge, any landscape, architectural feature or guard railing for safety protection around depressed ramps, if the height of such fence, hedge, landscape feature or railing does not exceed 3 1/2 feet above the grade of the lot.

Storage and Display in Yards

• 35 (1) Subject to subsections (2) and (3), no person shall store or display any goods or materials in any yard.

• (2) The lessee of a lot, other than a lot in a Mobile Home District, may

  • (a) store in the rear or side yards of that lot, garden equipment, garden furniture, trailers, boats, firewood and other goods or materials normally associated with the enjoyment of residential property; and

  • (b) with the approval of the Superintendent,

    • (i) store building materials during periods of construction, and

    • (ii) store or display any goods or materials in any front yard or side yard abutting a street in any non-residential, commercial, storage or service lot.

• (3) The occupier of a lot in a Mobile Home District may

  • (a) store in the rear or side yards of that lot, garden equipment, garden furniture and other goods or materials normally associated with the enjoyment of a mobile home; and

  • (b) with the approval of the Superintendent, store building materials during periods of construction.

One Dwelling per Lot

• 36 (1) No person shall erect more than one dwelling or one boarding, rooming or lodging house or hostel on any residential lot in any One-Family Dwelling District, Two-Family Dwelling District or Multiple-Family Dwelling District where the erection of such a structure is permitted by these Regulations.

• (2) For the purpose of the requirements of these Regulations with regard to side yards in any district, two-family or multiple-family dwellings with common party walls shall be considered to be one building occupying one lot.

Minimum Building Area of Dwelling

37 No person shall build

• (a) a one storey one-family dwelling or a row house that provides a building area of less than 900 square feet for each dwelling unit;

• (b) a one and one-half or two-storey one-family dwelling or a row house that provides a building area of less than 550 square feet for each dwelling unit;

• (c) a one storey two-family dwelling that provides a building area of less than 800 square feet for each dwelling unit;

• (d) a dwelling divided vertically into two two-storey dwelling units that provides a building area of less than 550 square feet for each dwelling unit; or

• (e) a dwelling divided horizontally into two dwelling units that provide a building area of less than 800 square feet for each dwelling unit.

Area Requirements

38 No person shall

• (a) reduce the size of a parcel of land in any manner below the minimum lot area, side yard width, rear yard depth or front yard depth required by these Regulations; or

• (b) add to or reconstruct any building or reduce the area of any lot upon which a building stands or alter the boundaries of such lot if such additions, reconstruction, reduction or alteration would violate these Regulations.

Through Lots

• 39 (1) The front yard of a through lot shall be as designated by the director-general.

• (2) No person shall erect an accessory building that projects into the front yard required by these Regulations for the main building.

• (3) An accessory building not exceeding one storey or 15 feet in height, whichever is the lesser, may be located in the rear yard of a through lot if such building is set back from the rear lot line a distance of not less than 10 per cent of the lot depth and at least three feet from any side lot line.

Trailers

• 40 (1) No person shall use a trailer as a place of permanent or temporary residence unless it is located in a Mobile Home District.

• (2) No person shall park a trailer in the front yard of any lot.

Off-street Parking Facilities

• 41 (1) No person shall

  • (a) erect a structure in any district without providing off-street automobile parking spaces; or

  • (b) provide off-street automobile parking spaces within a front yard or within a side yard abutting a street in any R1, R2, R3, C1, C2 or S district.

• (2) Each parking space in an off-street automobile parking area shall be not less than 20 feet by nine feet.

• (3) Off-street parking areas shall be screened from adjoining residential areas and shall be lit, drained and laid out to provide vehicular ingress and egress, internal traffic circulation and parking, to the satisfaction of the director-general.

• 42 (1) No person shall erect any structure described in Column I of the table to this section without providing off-street parking accommodation indicated in Column II of that table:

  	Column I	Column II
  (a)	one-family dwelling, two-family dwelling or multiple-family dwelling	at least one space per dwelling unit
  (b)	staff hostel or boarding house	at least one space for every three beds
  (c)	hospital	at least one space for every five patient beds
  (d)	church, lodge, club, hall, community centre, arena, auditorium or other place of assembly	at least (i) one space for every 15 seats, or (ii) one space for every 500 square feet of floor area not occupied by fixed seats, whichever is the greater
  (e)	school	at least one and one-half spaces for each school classroom
  (f)	retail store	at least one space for every 500 square feet of floor area used by the general public
  (g)	bank, business, personal service facility or administrative office	at least one space for every 500 square feet of floor area within the building
  (h)	restaurant, cocktail bar and beer parlour	at least one space for every 10 seats
  (i)	industrial building	at least one space for each five employees on a maximum working shift
  (j)	storage building including a warehouse	at least one space for each 2,000 square feet of floor area within the building
  (k)	hotel or motel	at least one space for each accommodation unit

• (2) This section does not apply to structures existing on March 28, 1968, but shall apply in respect of all enlargements and additions to such structures constructed after March 28, 1968.

43 The director-general may waive or modify the off-street parking requirements set out in section 41 or 42 with respect to

• (a) any lot in a Central Business District that is within 400 feet of a public parking area; or

• (b) any lot in a district other than a Central Business District if, in his opinion, suitable and convenient parking spaces for that lot are otherwise available.

Off-street Loading and Unloading Facilities

• 44 (1) Every lessee of land in a Central Business District or Storage and Services District upon which a building is situated or that is used in whole or in part for open space storage purposes, comprising an area described in Column I of the table to this section, shall provide and maintain on that land loading spaces, in the number set out opposite to that area in Column II of that table, each of which shall be 25 feet long and 12 feet wide, and have a 14-foot vertical clearance and access to a lane or street.

  	Column I	Column II
  Total building area (excluding basement if used for parking or heating facilities) or area of open space storage on a Lot		Number of off-street loading spaces
  (1)	5,000 square feet or less	1 loading space
  (2)	5,001 square feet to 15,000 square feet	2 loading spaces
  (3)	15,001 square feet to 50,000 square feet	3 loading spaces
  (4)	50,001 square feet and over	3 loading spaces plus 1 space for each 25,000 square feet of portion thereof in excess of 50,000 square feet

• (2) The director-general may waive or modify the requirements set out in subsection (1) if, in his opinion, those requirements are excessive having regard to the use being made of that land.

Committee of Adjustments

• 45 (1) The director-general shall appoint a Committee of Adjustments, hereinafter referred to as the Committee consisting of not less than three members.

• (2) Each member of the Committee shall be appointed for a term of three years.

• (3) One member of the Committee shall be appointed by the director-general to be chairman of the Committee.

• (4) A majority of the members of the Committee constitutes a quorum of the Committee and a vacancy in the membership of the Committee does not impair the right of the remaining members to act.

46 It shall be the duty of the Committee to consider and make recommendations to the director-general on each application for an exemption from the requirements of these Regulations.

• 47 (1) Every application for an exemption from the requirements of these Regulations shall

  • (a) be made to the director-general;

  • (b) state in detail the reasons for which the application is made; and

  • (c) be accompanied by a fee of $10.

• (2) The director-general shall refer each application described in subsection (1) to the Committee along with his recommendations thereon, if any.

• 48 (1) Upon receiving from the director-general an application described in subsection 47(1), the Committee shall set the time and place for a public hearing of the application and shall send to the applicant by registered mail a notice in writing fixing the date, time and place of the hearing.

• (2) The date fixed under subsection (1) for a public hearing of an application shall be a date that is at least three weeks subsequent to the date of the mailing of the notice.

• (3) At least 14 days prior to the date fixed for a public hearing, the applicant shall serve all lessees of land within 150 feet of the land in respect of which the application is made with a copy of the application and a notice of the time and place of the public hearing.

• (4) The Committee shall, within 14 days from the completion of a public hearing to consider an application, make a report in writing to the director-general recommending the disposition to be made of the application, together with its reasons therefor.

• (5) Upon receipt of a report made pursuant to subsection (4), the director-general shall inform the chairman of the Committee in writing of his decision in respect thereof, and the chairman shall forthwith mail a copy of that decision to the applicant and to each person affected thereby.

SCHEDULE / ANNEXE(Sections 2 and 4 / articles 2 et 4)Zoning Regulations / Règlement de zonage

• SOR/80-760, s. 1
• SOR/81-876, s. 3
• SOR/84-236, s. 1
• SOR/85-228, s. 1
• SOR/86-344, s. 1
• SOR/92-61, s. 6
• SOR/93-151, s. 1
• SOR/95-414, s. 1
• SOR/98-167, s. 1
• SOR/2004-314, s. 6