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

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.