2.0.0
Interpretive Clauses

2.1.0 Rules of Interpretation

2.1.1

Unless otherwise required by the context, words used in the present tense include the future tense; words used in the singular include the plural; and the word person includes a corporation as well as an individual. The Alberta Interpretation Act shall be used in interpretation. Words have the same meaning whether they are capitalized or not.

2.1.2

The written regulations take precedence over any diagrams if there is a perceived conflict.

2.1.3

The Land Use District Map takes precedence over any diagrams in the district regulations if there is an apparent conflict.

2.2.0 District Boundaries

2.2.1

The boundaries on the Land Use District Map shall be interpreted as follows:

a.    Where a boundary follows a public roadway, lane, railway, pipeline, powerline, utility right-of-way, or easement, it follows the centre line, unless otherwise clearly indicated on the Land Use District Map;

b.    Where a boundary is shown as approximately following the Town boundary, it follows the Town boundary;

c.    Where a boundary is shown as approximately following the edge or shoreline of a river or other water body, it follows that line. In the event of change, it moves with the edge or shoreline;

d.    Where a boundary is shown as approximately following a property line, it follows the property line;

e.    Where a boundary is shown as approximately following a topographic contour line or a top-of-bank line, it follows that line. In the event of change of the topographic line, it shall move with that line;

f.    Where a boundary is shown as being parallel to or as an extension of any of the features listed above, it shall be so; and

g.    In circumstances not covered above, the boundary shall be determined by measuring the Land Use District Map.

2.2.2

When any public roadway is closed, the roadway lands have the same district as the abutting land. When different districts govern abutting lands, the centre of roadway is the district boundary unless the district boundary is shown clearly following the edge of the roadway. If the roadway is consolidated with an adjoining parcel, the parcel’s district designation applies to affected portions of the roadway.

2.3.0 Definitions

2.3.1

Words and terms used in this Bylaw shall have the same meaning as given to them in the Agreement and the Act unless otherwise defined in this section.

2.3.2

The defined uses in this section group similar developments and land uses into specified uses with common functional or physical impact characteristics. The typical uses that may be listed in a specific definition are not intended to be exclusive or restrictive. Reference should be made to the definition of the use in determining whether or not a particular use is included within a particular defined use.

2.3.3

Where a specific use does not conform to the wording of any use definition or generally conforms to the wording of two or more use definitions, a Development Approving Authority may, using discretion, deem that the use conforms to and is included in that use class considered to be the most appropriate in character and purpose, provided that the specific use is substantially similar in nature, character and impact as the other uses listed in the use class. In such case, the use shall be considered a discretionary use, whether or not the use class is listed as permitted or discretionary within the district.

Definitions: The following words are defined in this section:

A

Abut or Abutting

Accessory

Accessory Building

Accessory Use

Act

Adjacent

Agreement

Alteration

Alternative Building Material

Amenity Area

Amusement Establishment

Ancillary

Animal Hospital and Shelter

Assisted Living Facility

Automotive and Equipment Repair Shop

Automotive Vehicle Sales

Awning

B

Balcony

Banff Heritage Corporation

Banff Housing Corporation

Basement

Bay Window

Bed and Breakfast Establishment or Guest Home

Bed and Breakfast Inn

Bed-Sitting-Room Dwelling

Bedroom

Boarder

Building

Building Permit

Business

Business Support Services

Bylaw Enforcement Officer

C

Cannabis

Cannabis Production Facility

Cannabis-Related

Cannabis Store Licence

Canopy

Cemetery

Change of Use

Clearance

Colour Rendering Index (CRI)

Columbarium

Commercial Accommodation Unit

Commercial Use Development Allotment

Commercial District

Commercial Services

Community Recreation Services

Commercial Use

Comprehensive Sign Plan

Condominium Plan

Contiguous

Contractor Services

Convention Facilities

Cornice Line

Council

D

Day Care

Deck

Development

Density

Development Appeal Board (DAB)

Development Approving Authority

Development Officer

Development Permit

Director of Corporate Services

Director of Environmental Services

Discretionary Use

District

Double Fronting Site

Dwelling

E

Eating and Drinking Establishment

Eaveline

Enclosed

Environmental Screening

Equipment Rental, General

Equipment Rental, Sports

Existing Grade

Exposing Building Face

F

Fees

Fence

Finish Grade

Fire Resistant Materials

First Storey

Fixture

Fixture, Full Cut-Off

Fixture, Fully Shielded

Fixture Height

Fixture, Post-mounted

Fixture, Recessed

Fixture, Wall-mounted

Floor Area Ratio (FAR)

Frontage

Frontage, Sign

Front Lot Line

Front Yard

Funeral Services

G

Garage

Garbage and Recycling Room/Enclosure

Glare

Government Services

Grade

Green Energy

Gross Floor Area

Guideline

H

Habitable Room

Half Storey

Hardsurfacing

Height

Holiday Decorations

Home Occupation

Home Occupation Type 1

Home Occupation Type 2

Hostel

Hotel

Household

Household Repair Services

Housing, Accessory Dwelling

Housing, Apartment

Housing, Duplex

Housing, Fourplex

Housing, Mixed Use

Housing, Multiplex

Housing, Required

Housing, Single Detached

Housing, Supportive Living

Housing, Triplex

I

Indoor Recreation Services

Internet Cafe

K

Kitchen

L

Lamp

Land

Landscaping

Lane

Large Commercial Use Development

Lighting, Decorative

Lighting, High Intensity Discharge

Lighting, Holiday

Lighting, Outdoor

Lighting, Strip

Light Trespass

Loading Space

Lodging

Lot

Lot, Corner

Lot Depth

Lot, Through

Lot Width

M

May

Medical Treatment Services

Medium Commercial Use Development

Minister

Municipal Planning Commission (MPC)

N

N/A

Natural Science Exhibit

Night Club

Non-Accessory Parking

Non-Conforming Building

Non-Conforming Uses

Non-Resident

Nuisance

O

Offensive or Objectionable

Outdoor Recreation Services

Owner

Owner, Live-in

P

Parcel

Parking Area

Parking Area (Recreation Centre)

Parking Stall

Party Wall

Passenger Terminal

Peace Officer

Permitted Use

Personal Service Shop

Phased Commercial Use Development

Playground

Porch

Premises

Principal Building

Principal Dwelling

Principal Use

Private Club

Private Education Services

Professional, Financial, Health and Office Services

Property Line

Protective and Emergency Services

Public

Public Education Services

Public Library and Cultural Exhibit

Public Park

Public Roadway

R

Railway Services

Rapid Drive-Through Vehicle Services

Rear Lot Line

Rear Yard

Recycling Depot

Regulations

Religious Assemblies

Resident

Residential District

Retail Store, Convenience

Retail Store, General

S

Screening

Self Storage Facility

Service Station

Setback

Shall

Should

Side Lot Line

Side Yard

Sign

Sign Area

Sign, Backlit

Sign, Banner

Sign, Billboard

Sign, Canopy/Awning

Sign, Community Notice Board

Sign, Construction

Sign, Contractor

Sign, Directory

Sign, Freestanding

Sign, Frontage

Sign, Front-Lit

Sign, Government

Sign, Hanging

Sign, Menu Box

Sign, Portable

Sign, Projecting

Sign, Property Management

Sign, Real Estate

Sign, Roof

Sign, Special Event

Sign, Special Event Banner

Sign, Wall

Sign, Window

Site

Site Coverage

Sloping Roof

Small Commercial Use Development

Spectator Entertainment Establishments

Statutory Plan

Storage

Storage, Outside

Storefront Cannabis Retail

Storey

Structure

Structural Alteration

Studio

Subdivision

T

Tandem Parking

Temporary Development

Towing and Recovery Services

Town

Trading Post

Transportation Services

U

ULC Rating (Class A or B)

Use

Utility

Utility Services

V

Vehicle

Vehicle Rental Services

Veterinary Services

W

Warehouse Sales

Warehousing

Wildland Urban Interface

Wildfire Protection Measures

Wildfire Risk Zones

Y

Yard

Interpretive Diagrams: The following words are defined in illustrative form in Schedule “C”:

Half Storey – above grade

Half Storey – below grade

Half Storey – sloping site

Height – general measurement

Height – measurement on sloping site

Height – measurement of fence on sloping site

2.3.4

In this Bylaw:

A

Abut or Abutting means immediately contiguous to, or physically touching, and when used with respect to a site, means that the site adjoins another site or development.

Accessory means customarily or normally incidental, subordinate, and primarily devoted to the principal use or building and located on the same lot or site.

Accessory Building means a building that does not accommodate the principal use of a site and that is not attached above grade to a principal building.

Accessory Use means a use that is subordinate or incidental to the principal use of a site or building.

Act means those sections of the Alberta Municipal Government Act which have application in the Town as a result of the Incorporation Agreement.

Adjacent means land that is contiguous to a site and includes land that would be contiguous if not for a public roadway, stream, pipeline, public utility lot, powerline, railway, or similar feature but does not include a river.

Agreement means the Agreement entered into between Canada and Alberta for the Incorporation of the Town, including the provisions of the Alberta Municipal Government Act included in the Agreement. This Agreement may be amended from time to time.

Alteration means a modification but does not include normal or routine maintenance or painting, provided the exterior colour scheme and finishes remain the same.

Alternative Building Material means a building product or material comprising elements or substances that are synthetic or re-constituted, which given its durability or ease of maintenance, may be considered as an alternative to natural wood, stone or other traditional building materials. These include imitation or cultured stone, fibre or composite board, medium-density fibre board (MDF), high-density fibre board (HDF), polyvinyl chloride (PVC), high-density urethane, plexi-glass, pre-cast concrete blocks, metal and imitation or composite shingles.

Amenity Area means outdoor space, whether at grade or not, provided for the active or passive recreation and enjoyment of the occupants of a residential development, which may be for private or communal use and owned individually or in common.

Amusement Establishment means any building, room or area having table games or electronic games played by patrons for entertainment as the principal use. This does not include carnivals, circuses, or indoor recreation services.

Ancillary means subordinate or assisting.

Animal Hospital and Shelter means the temporary accommodation and care, or impoundment of household pets within an enclosed building. This includes pet clinics, small animal veterinary clinics and veterinary hospitals but does not include kennels.

Apartment Housing (see Housing, Apartment)

Assisted Living Facility means a development:

a.    where residents receive limited health care services from on-site health care providers;

b.    that provides one or more communal kitchens and dining rooms;

c.    that contains either dwelling units or individual rooms containing a washroom, bedroom and sitting area, or both;

d.    where communal social or recreation activities are provided within the building;

e.    that may provide limited on-site health care facilities for the exclusive use of the residents; and

f.    that may include a manager’s suite.

Automotive and Equipment Repair Shop means the servicing and mechanical repair of automobiles, motorcycles, snowmobiles and similar vehicles or the sale, installation or servicing of related accessories and parts. This includes transmission shops, muffler shops, tire shops, automotive glass shops, and upholstery shops.

Automotive Vehicle Sales means the retail sale of new or used automobiles or motorcycles, together with incidental maintenance services and sale of parts. This includes automobile dealerships. This does not include dealerships for the sale of vehicles with a gross vehicle rating of more than 4,000 kg.

Awning means a retractable or non-retractable roof-like covering of canvas or similar fabric material projecting from and being entirely supported from the exterior wall of a building.

Awning Sign (see Sign, Canopy/Awning)

B

Balcony means a horizontal structure that projects from the exterior of a building above the first storey and is used as a private amenity area.

Banff Heritage Corporation means a not-for-profit corporation established pursuant to a motion of Council for the identification, preservation and commemoration of the Town’s heritage resources.

Banff Housing Corporation means a not-for-profit corporation established pursuant to the Town of Banff Housing Corporation Bylaw for the development, provision and operation of housing and accommodation in the Town.

Banner (see Sign, Banner)

Basement means the portion of a development which is wholly or partially below grade, having above finish grade no more than 0.76 m of its clearance which lies below the finished level of the floor directly above.

Bay Window means an architectural feature window that projects from the exterior of a building and comprises not more than 20% of the exposing building face on which it is located.

Bed and Breakfast Establishment or Guest Home means a single detached dwelling of an owner, or as joint tenants or tenants in common, who is an eligible resident of Banff National Park and resides therein as his/her principal residence containing at least one (1) bedroom for his/her exclusive use and containing accessory guest accommodation in rooms for the purposes of supplying temporary living accommodation to the public, for a fee. For the purposes of this definition an owner may be a corporation of not more than two (2) shareholders who reside therein as their principal residence.

Bed and Breakfast Inn means an existing bed and breakfast home larger than typical that does not have more than 10 commercial accommodation units and there is evidence it was in operation and licensed continuously for at least five (5) years immediately prior to January 1, 1990.

Bed-Sitting-Room Dwelling means a dwelling consisting of one large room containing living, eating, and sleeping functions with a minimum gross floor area of 30 m2 and a maximum gross floor area of 70 m2. The kitchen may be located in an alcove and a full bathroom shall be provided.

Bedroom means a room in a dwelling, which, in the opinion of the Development Approving Authority, due to its design, location in the dwelling, and compliance with relevant building and health codes is, or may be used, primarily for sleeping.

Boarder means a resident who rents or is provided lodging within another resident’s dwelling.

Building means any structure, object or sign constructed or placed on, in, over or under land but does not include a public roadway or a bridge forming part of a public roadway.

Building Permit means a building permit issued pursuant to the Building Permit Bylaw.

Business means a business, as defined in the Business Licence Bylaw, which is conducted on public or private lands within the Town.

Business Support Services means support services to businesses which are characterized by the use of minor mechanical equipment for printing, duplicating, binding or photographic processing; the provision of office maintenance or custodial services; the provision of office security; or the sale, rental, repair or servicing of office equipment, furniture and machines. Typical uses include printing establishments, film-processing establishments, janitorial firms and office equipment sales and repair establishments.

Bylaw Enforcement Officer means a person appointed as such by Council who may also be appointed a Special Constable by the Solicitor General of Alberta.

C

Cannabis means cannabis as defined in the Controlled Drugs and Substances Act and includes any products containing cannabis.

Cannabis Production Facility means a premises used for growing, producing, testing, destroying, storing, or distribution of cannabis authorized by a license issued by the federal Minister of Health. Distribution of cannabis does not include a storefront cannabis retail use.

Cannabis Store Licence means a licence issued by the Alberta Liquor and Gaming Commission that permits the retail sale of cannabis.

Cannabis-Related means a business where the use of cannabis for medical or any other purposes is advocated or promoted.

Canopy means a non-retractable, solid projection that projects outwards at least 1.0 m from the exterior of a building.

Canopy Sign (see Sign, Canopy/Awning)

Cemetery means a parcel of land that is primarily landscaped open space for the entombment of the deceased. Typical uses in this class include memorial parks, burial grounds, columbaria and gardens of remembrance.

Change of Use means a change in the use of land or a building or an act done in relation to land or a building that results, or is likely to result, in a change in the use of such land or building with or without major structural alterations.

Clearance means the unobstructed vertical distance between the finish grade or finish floor and the underside of a canopy, awning, ceiling, or structure.

Colour Rendering Index (CRI) is an international system used to rate a lamp’s ability to render the colour of an object. The higher the CRI (based upon a 0-100 scale), the better colors appear.

Columbarium means a structure designed for interment of cremated human remains in sealed compartments.

Commercial Accommodation Unit means a room or suite of rooms containing at least one bed within a hotel, hostel, bed and breakfast home, or a bed and breakfast inn, where short term accommodation is offered to the travelling public for remuneration.

Commercial Use Development Allotment means the total amount of development for commercial uses allowed in any year, which shall not exceed 4.5% of 318,471 m2 over any three year period and shall not exceed 2% of 318,471 m2 in any one year.

Commercial District means a district in this Bylaw the designation of which begins with the prefix “C”.

Commercial Services means development used principally for one or more of the following activities:

a.    the assembling of semi-finished or finished goods, products or equipment;

b.    the cleaning, servicing, repairing, or testing of materials, goods, and equipment normally associated with industrial or commercial businesses or cleaning, servicing, and repair operations to goods and equipment associated with personal or household use, where such operations have impacts that would make them incompatible in non-industrial districts. This includes vehicle body repair and paint shops and commercial laundries;

c.    the storage or transshipping of materials, goods and equipment; or

d.    the distribution and sale of materials, goods and equipment to institutions or businesses.

Community Recreation Services means development by a not-for-profit organization or government for recreational, social or multi-purpose use without fixed seats, primarily intended for local community purposes. A typical use is a community hall operated by a residents’ organization.

Commercial Use means any land use, except housing or institutional or government service, which is a permitted or discretionary use in a Commercial District.

Comprehensive Sign Plan means a plan that specifies the location, size, shape, materials, colour, lighting, and design of all existing and proposed signs on a site or development.

Condominium Plan means a condominium plan registered in a Land Titles Office that complies with the requirement of the Alberta Condominium Property Act.

Contiguous means sharing a boundary or edge along one or more sides.

Contractor Services means the provision of building construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer or similar construction services which require on-site storage space for materials, construction equipment or vehicles.

Convenience Retail Store (see Retail Store, Convenience)

Convention Facilities means permanent facilities used for meetings, seminars and conventions. A typical use is a convention centre.

Corner Lot or Corner Site (see Lot, Corner)

Cornice Line means the architectural element that defines the top of a parapet wall of a non-sloping roof.

Council means the Mayor and Councillors of the Town of Banff acting as Council at duly assembled meetings thereof.

D

DAB (see Development Appeal Board)

Day Care means development licensed by the province to provide daytime personal care and education to seven or more children, but does not include overnight accommodation. Typical uses include daycare centres, day nurseries, kindergartens, nursery schools, and play schools. Home babysitting of six or less children is not included.

Deck means an uncovered horizontal structure, with a surface height greater than 0.6 m above grade at any point, but no higher than the first storey floor level, and intended for use as a private outdoor amenity space.

Development means an excavation or stockpile and the creation of either of them; signs; a building, or an addition to, or replacement, or major renovation, or repair of a building and the construction or placing in, on, over or under land of any of them; 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; 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; the cutting or removal of trees; or repainting or refinishing buildings in a commercial district to a substantially different colour or finish.

Density means a measure of the intensity of development to the area of the site, the number of units on a site measured in units/ha, and floor area ratio.

Development Appeal Board (DAB) means the body established by Council to carry out the duties required by this Bylaw. Responsibilities of the DAB are described in s.3.3.0.

Development Approving Authority means a Development Officer, the Municipal Planning Commission (MPC) or the Development Appeal Board (DAB) as the context requires.

Development Officer means a person appointed as a Development Officer by resolution of Council to fulfill the duties specified by this Bylaw.

Development Permit means a document authorizing a development issued pursuant to this Bylaw or, for development approved prior to May 1990, it means architectural and siting approval issued by Parks Canada.

Director of Corporate Services means a person who holds the position of Director of Corporate Services for the Town, at any given time, and includes any person authorized to act for and in the name of the Director of Corporate Services.

Director of Environmental Services means a person who holds the position of Director of Environmental Services for the Town, at any given time, and includes any person authorized to act for and in the name of the Director of Environmental Services.

Discretionary Use means a use or development for which a development permit may be issued at the discretion of a Development Approving Authority.

District means a boundary described in s.1.4.0 of this Bylaw, which regulates the use and development of land, as depicted by the Land Use District Map contained as Schedule "A" to this Bylaw.

Double Fronting Site means a site abutting two public roadways that are parallel or nearly parallel in the vicinity of the site.

Duplex Housing (see Housing, Duplex)

Dwelling means one or more rooms that are self-contained, intended for domestic use as a residence by one or more persons, and containing kitchen, living, sleeping and sanitary facilities.

E

Eating and Drinking Establishment means the sale to the public of prepared foods and beverages for consumption within the premises or off the site. This includes licensed drinking establishments, restaurants, cafÈs, delicatessens, ice cream shops, tea rooms, lunchrooms and take-out restaurants. It does not include drive-in food services which provide services to customers who remain in their vehicles, refreshment stands, take-out windows where service is provided to customers on the outside, or mobile catering food services. An eating and drinking establishment may include fast-food delivery as an ancillary use.

Eaveline means the bottom edge of a sloping roof, where the roof is the primary roof of the building. This does not include the eaveline of a canopy, bay window or other architectural element.

Enclosed means a space having a roof or building over it and that has less than 50% of its perimeter open to the outside.

Environmental Screening means a model class screening undertaken pursuant to the Canadian Environmental Assessment Act.

Equipment Rental, General means the rental of tools, appliances, office machines, furniture, light construction equipment, or similar items and may include the accessory retail sale (sale) of related products or services. This does not include the rental of motor vehicles, sports equipment, or industrial equipment.

Equipment Rental, Sports means the rental of sports equipment, bicycles, recreation craft, or similar items and may include the accessory retail sale (sale) of related products or services. This does not include the rental of motor vehicles.

Existing Grade means the actual geodetic elevation of any point on a site representing the existing topographical elevation prior to development.

Exposing Building Face means that part of the exterior wall of a building which faces one direction and is located between ground level and the ceiling of its top storey, or where a building is divided into fire compartments, the exterior wall of a fire compartment which faces one direction.

F

Family Day Home means the accessory use of a dwelling, operated under contract with a Family Day Home Agency, to provide care and supervision on an ongoing basis of six or fewer children including, where applicable, the provider’s own children.

Family Day Home Agency means an individual, partnership, group of individuals or a corporation that contracts with a Child and Family Services Authority to administer a family day home service, which may include provider recruitment, selection, training, and monitoring; assistance to parents with choosing a home; enrolment and placement of children in homes; and may also include the collection of parent fees and payment of providers.

FAR (see Floor Area Ratio)

Fees means those amounts specified by resolution of Council which are required to accompany any application under the provisions of this Bylaw.

Fence means a vertical physical barrier intended to provide visual screening or prevent access. A fence does not include trees or hedges.

Finish Grade means the actual geodetic elevation of any point on a site representing the final design elevation.

Fire Resistant Materials means landscaping or building materials with low or very low flammability or ignition potential. Fire resistant materials includes, but are not limited to, non-combustible or fire-proof materials

First Storey means the storey of a building closest to the grade along the front of a building and having a finish floor elevation within 0.6 m of finish grade.

Fixture means a complete lighting unit, consisting of a lamp (bulb) or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to a power source.

Fixture, Full Cut-Off means a fixture with a light distribution pattern that results in no light being projected at or above a horizontal plane located at the bottom of the fixture.

Fixture, Fully Shielded means a light fixture that provides internal or external shields or louvers to prevent the lamp from causing glare or light trespass.

Fixture Height means the vertical distance from the ground directly below the centreline of the fixture to the bottom of the lamp.

Fixture, Post-mounted means a fixture that is affixed to a freestanding post or pole or to a fencepost.

Fixture, Recessed means a fixture that is built into the underside of a ceiling so that light is distributed directly downward.

Fixture, Wall-mounted means a fixture that is affixed to a wall of a building or structure.

Floor Area Ratio (or FAR) means the numerical value of the gross floor area on all levels of all buildings and structures on a site, divided by the area of the site except that all or part of a basement may be excluded by a Development Approving Authority where:

a.    the basement is used for storage, service rooms, and other accessory uses and does not include any habitable rooms, commercial accommodation units, retail, or commercial space;

b.    the basement does not have direct or independent access to the outside of the building; and

c.    the number and size of windows in the basement is extremely limited.

Free Standing Sign (see Sign, Free Standing)

Frontage means the lineal distance measured along the front lot line or front lot lines of a site.

Frontage, Sign (see Sign Frontage)

Front Lot Line means the property line of a lot abutting a public roadway other than a lane. In the case of a corner lot, this shall be the narrower of the two frontages except as per s.8.5.0.

Front Yard means the portion of a site abutting the front lot line extending across the full width of the site, situated between the front lot line and a line on the site parallel to it, at a specified distance from it, and measured at a right angle to it along its full length.

Funeral Services means the preparation of the dead for burial or cremation, and the holding of funeral services. This includes funeral homes and undertaking establishments.

G

Garage means an accessory building or part of a principal building, designed and used primarily for the storage of vehicles and includes a carport.

Garbage and Recycling Room/Enclosure means an enclosed space expressly designed for the storage and movement of waste materials.

General Retail Stores (see Retail Stores, General)

Glare means stray, unshielded light which strikes the eye thus causing either a nuisance, discomfort, the inability of the eye to distinguish shadows or any reduction in visual performance.

Government Services means municipal, provincial or federal government services provided directly to the public. This does not include protective and emergency services, utility services, general administrative services, and public education services. Typical uses include taxation offices, courthouses, post office, employment offices, public washrooms, and social services.

Grade means the elevation of finished ground surface, excluding an artificial embankment or excavation at the perimeter of a building. Grade on sloping or irregular sites is determined as an angled plane established in relation to finished grades at the perimeter of a building excluding artificial embankments or excavations.

Green Energy means energy that is generated from renewable sources (with the exception of hydroelectric energy) and used in ways that reduce the pollution and other environmental impacts caused by consumer energy use.

Gross Floor Area means the total floor area of all storeys and basement levels of a building with a clear ceiling height of 1.8 m or more, contained within the outside of the exterior and basement walls or glazing line of windows, but excluding enclosed or unenclosed parking areas, garbage and loading rooms, and floor areas and vertical penetrations devoted exclusively to mechanical or electrical equipment servicing the development.

Guideline means a regulation which is mandatory with respect to the objectives and advisory with respect to the discretion of the applicant in how to attain the objectives of the guideline, and to the discretion of the development approving authority as to whether the objectives of the guideline have been met.

H

Habitable Room means a room other than a space in a dwelling which provides a service function and is not intended primarily for human occupancy such as bathrooms, entry ways, corridors, or storage areas. Habitable rooms include bedrooms, kitchens, dens, living rooms, family rooms, dining rooms, and the like, which are normally used for habitation.

Half Storey or ½ Storey means a storey under a sloping roof, the wall plates of which, on at least two opposite walls, are not more than 0.6 m above the finished floor of such storey. A half storey also includes a basement with between 0.6 m and 1.5 m of its clear height lying between grade and the level of the finished floor directly above it. (See the Interpretative Diagrams in Schedule "C").

Hardsurfacing means a durable ground surface, constructed of cast-in-place concrete, brick or concrete unit pavers, turfstone, stone, asphalt, or similar materials.

Height means:

a.    with respect to a building, the maximum vertical distance between grade and the highest point of the structure of a non-sloping roof, or between grade and the mid-point between the eaveline and ridge of a sloping roof; provided in such cases the ridge is not more than 3.0 m above this mid-point; (see the Interpretative Diagrams in Schedule "C").

b.    with respect to signs, the maximum vertical distance between grade and the highest point of the sign.

Holiday Decorations means temporary ornaments and displays erected in conjunction with holiday activities such as Christmas where such ornaments and displays incorporate no sign or advertising of specific commercial services, merchandise, or entertainment.

Home Occupation means the use of a dwelling or residential accessory building for an occupation, office, trade or craft, Family Day Home or Private Babysitting Facility for gain or support, conducted entirely within the dwelling or accessory building as an accessory use. Home occupations are classified into the following two types:

Home Occupation Type 1 means an office, Family Day Home or Private Babysitting Facility in a dwelling or accessory building for a person who occupies the dwelling as a principal residence. Typical uses include self-employed persons providing professional, financial and office services, consulting, project management or other sales services not involving any production, or repairs, nor the parking of a commercial vehicle on site.

Home Occupation Type 2 means an occupation, trade, art or craft, Family Day Home or Private Babysitting Facility for gain or support, conducted entirely within the dwelling or related accessory building, by a person who occupies the dwelling as a principal residence. Typical uses include dressmaking, millinery, homecrafts, novelties and souvenirs, handicrafts and individual instruction to students, mobile repairs and installation, and minor household repair services.

Hostel means the provision of commercial accommodation units, operated by a national or international not-for-profit hostel organization, intended for travellers at rates consistent with international hostels. Hostels may include some limited accessory uses such as cafeterias, meeting rooms, outdoor recreation services, and provide services for longer term guests.

Hotel means a lodge, inn, motel or other establishment, other than a bed and breakfast home or bed and breakfast inn, which contains commercial accommodation units. Hotels may include the following accessory uses: eating and drinking establishments, meeting rooms, indoor and outdoor recreation services, and accessory housing on the same site.

Household means (a) a person; (b) two or more persons related by blood, marriage or adoption; or (c) a group of not more than five persons who are not related by blood, marriage, or adoption; or a combination of (b) and (c) provided that the total of the combination does not exceed five; all living together as a single housekeeping group and using cooking facilities shared in common. In addition, a household may also include up to two bona fide servants.

Household Repair Services means the provision of repair services for goods, equipment and appliances normally found within a home. This includes radio, television and appliance repair shops, furniture refinishing and upholstery shops. This does not include personal service shops.

Housing, Accessory Dwelling means an accessory use of a building as a dwelling, which may have a separate exterior entrance.

Housing, Apartment means a building containing nine (9) or more principal dwelling units.

Housing, Duplex means a building containing two (2) principal dwelling units.

Housing, Fourplex means a building containing four (4) principal dwelling units.

Housing, Mixed Use means a dwelling unit within a building, or on a site, that contains non-residential uses.

Housing, Multiplex means a building containing more than four (4), and up to eight (8), principal dwelling units.

Housing, Required means the number of bedrooms that are required to be provided by this Bylaw.

Housing, Single Detached means a building containing one (1) principal dwelling, which is separate from any other dwelling or building. This does not include a trailer or mobile home.

Housing, Supportive Living means the use of a building to provide housing, which may include staff, for those who require support. The building may include universally designed common kitchen, living, sleeping and/or sanitary facilities. Supportive living housing may include activities to exclusively support the needs of the residents such as personal rehabilitation, self-help, professional care, guidance, or supervision.

Housing, Triplex means a building containing three (3) principal dwelling units.

I

Indoor Recreation Services means facilities within an enclosed building for sports and active recreation where patrons are predominately participants and any spectators are incidental and attend on a non-recurring basis. Typical uses include racquet courts; gymnasiums; swimming pools; athletic clubs; health and fitness clubs; bowling alleys; curling and hockey rinks; racquet clubs; and includes a limited range of accessory uses such as cafeterias, concessions and pro shops that exclusively serve the users of the facility.

Internet Cafe means the provision of on line computer terminals of which the principal use is for public access to the internet for a fee. This includes the use of computers for e-mail transmissions, desktop publishing, computer games and digital reproduction of files. The limited sale of beverages, confectionary food items, electronic storage devices and computer software may be permitted provided the combined use of these services utilizes no more than 10% of the gross floor area. The sale of computer hardware is not permitted.

K

Kitchen means facilities for the preparation or cooking of food, and includes any room containing counters, cabinets, plumbing, or wiring which, in the opinion of a Development Approving Authority, may be intended for the preparation or cooking of food. A kitchen within an Eating and Drinking establishment shall be limited to the area associated with the preparation or cooking of food and not include offices and/or storage.

L

Lamp means the component of the light fixture that produces the actual light. A lamp includes, without limitation, a light bulb or tube.

Land includes land held under a lease, sub-lease, or license of occupation from the Crown.

Landscaping means the modification and enhancement of a site at, or within 0.6 m of, grade, through the use of natural landscaping (plant materials such as trees, shrubs, hedges, grass, and ground cover, etc.), planters, and may include pedestrian walkways and amenity areas.

Lane means a public roadway of no more than 6.0 m in width intended primarily to give access to the rear of buildings and associated parking.

Large Commercial Use Development means any commercial use development which is equal to or greater than 465 m2 in total new or incremental gross floor area.

Lighting, Decorative means lighting intended to enhance architectural features, sculptural elements, trees or other landscape features.

Lighting, High Intensity Discharge means lighting including mercury vapor, metal halide, high pressure or low-pressure sodium lamps, which glow when an electric current is passed through a gas mixture inside the lamp.

Lighting, Holiday means temporary lighting installed and operated in conjunction with a holiday.

Lighting, Outdoor means temporary or permanent lighting that is installed, located, or used in such a manner to cause light rays to shine outdoors. Fixtures that are indoors that are intended to illuminate something outside are considered outdoor lighting.

Lighting, Strip means lighting attached to a line, wire, string, or inserted in transparent tubing in such a way that it can be moved about or hung in various ways, and whose lamps are not contained within fixtures that are permanently attached to a building.

Light Trespass means the emission of light onto a neighbouring property or public right-of-way except where the emission of light onto a neighbouring property or public right-of-way has been approved by a Development Approving Authority.

Limited Group Home (see Group Home)

Loading Space means a space used to accommodate a vehicle while it is being loaded or unloaded.

Lodging means accommodation offered to the public for remuneration, with or without meals.

Lot means a parcel or part of a parcel described in a certificate of title or lease.

Lot, Corner or Corner Site means a lot or site located at the intersection of two public roadways, other than lanes, or a lot or site located abutting a public roadway, other than a lane, which substantially changes direction at any point where it abuts the lot or site.

Lot Depth means the average horizontal distance between the front and rear lot lines.

Lot, Through means a lot having frontage on two parallel or approximately parallel streets.

Lot Width means the horizontal dimension of a lot, parcel, or site measured at the minimum front yard setback.

M

May is used in the sense of permissive and allows discretion.

Medical Treatment Services means the provision of room, board, surgical or other medical treatment for the sick, injured or infirm including out-patient services and accessory staff residences. Typical uses include not-for-profit hospitals, nursing homes, convalescent homes, health clinics, and psychiatric and auxiliary hospitals.

Medium Commercial Use Development means any commercial use development that is in excess of 46 m2 but less than 465 m2 in total new or incremental gross floor area.

Minister means a member of the Queen’s Privy Council for Canada designated by the Governor in Council as the Minister for purposes of the National Parks Act, or his or her designate.

MPC (see Municipal Planning Commission)

Municipal Planning Commission means that body appointed by Council to exercise the duties required by this Bylaw.

N

N/A means not applicable, that there is no particular regulation or guideline in that district for that category, but that the other regulations and guidelines in the Bylaw still apply.

Natural Science Exhibit means the preservation, confinement, exhibition or viewing of plants, animals and other objects in nature. Typical uses include botanical gardens, arboreta, natural history museums, aviaries, and aquaria, but does not include zoos.

Night Club means a use where liquor is sold and consumed on the premises; where a licence for the sale of liquor, that prohibits minors on the premises at any time, is issued by the Alberta Gaming and Liquor Commission; where entertainment is provided to patrons, in the forms of a dance floor, live music stage, live performances, or recorded music, in areas greater than 10.0 m2; and where food may be prepared and sold for consumption on the premises.

Non-Accessory Parking means vehicular parking which is not primarily intended for the use of residents, employees or clients of a particular development. Typical uses include surface parking lots and parking structures located above or below grade, but not storage for vehicle rentals or transportation services.

Non-Conforming Building means a building that is lawfully constructed or lawfully under construction at the date this Bylaw or any amendment thereof affecting the building or land on which the building is situated becomes effective, and that on the date this Bylaw or any amendment thereof becomes effective does not, or when constructed will not, comply with this Bylaw.

Non-Conforming Use means a lawful specific use being made of land or a building or intended to be made of a building lawfully under construction, at the date this Bylaw or any amendment thereof affecting the land or building becomes effective, and that on the date this Bylaw or any amendment thereof becomes effective does not, or in the case of a building under construction will not, conform to this Bylaw.

Non-Resident means a person who is not an eligible resident, as defined by the Lease & Licence of Occupation Regulations pursuant to the National Parks Act, or a person who does not reside in the Town.

Nuisance means anything that interferes with the use or quiet enjoyment of property, endangers personal health or safety, or is offensive to the senses in the opinion of a Development Officer.

O

Offensive or Objectionable means, when used with reference to a development, a use which by its nature, or from the manner of carrying on the same, creates or is liable to create by reason of noise, vibration, smoke, dust or other particulate matter, odour, toxic or non-toxic matter, radiation hazards, fire or explosive hazards, heat, humidity, glare or unsightly storage of goods, materials, salvage, junk, waste or other materials, a condition which in the opinion of a Development Officer may be or may become hazardous or injurious as regards health or safety, or which adversely affects the amenities of the neighbourhood, or interferes with or may interfere with the normal enjoyment of any land, building or structure.

Outdoor Recreation Services means facilities which are available to the public at large for sports and active recreation conducted outdoors. This does not include community recreation services, and spectator sports establishments. Typical uses include sports fields, outdoor tennis courts, unenclosed ice surfaces or rinks, athletic fields, boating facilities, outdoor swimming pools, bowling greens, horseshoe pits, riding stables, interpretive, walking and fitness trails, skateboard parks, and includes accessory uses such as park maintenance and service facilities.

Owner means an owner as defined in the Municipal Government Act and also includes a person who is the lessee of Crown land and that person’s successors and assigns.

Owner, Live-in means a natural person who is an owner or shareholder of a corporation which is an owner of a property permitted to be operated as a bed and breakfast home and who:

a.    Lives in the bed and breakfast home; and

b.    Manages the bed and breakfast home while maintaining eligible residency status.

P

Parcel means a single lot or single block which is not divided into lots, shown on a registered plan of subdivision or a registered condominium plan or described in an instrument as a single lot or a single block which is not divided into lots, and a parcel includes the land comprised in a condominium plan and also the aggregate of one or more areas described in a lease from the Crown.

Parking Area means a portion of land or of a building dedicated to the parking and maneuvering of motor vehicles, which is accessible to a public roadway and which may include a parking structure.

Parking Stall means that portion of a parking area, excluding vehicle-maneuvering areas, which will accommodate one vehicle.

Parking Area (Recreation Centre) means a parking lot dedicated to the parking and maneuvering of motor vehicles associated with the Town of Banff Recreation Centre, located on a portion of Parcel T, 40402 CLSR, and which does not include a parking structure.

Party Wall means a wall constructed at, or upon, a line separating two parcels of land or two dwellings that can be subdivided or divided under the Condominium Property Act.

Passenger Terminal means a building operated by one or more registered inter-provincial bus lines serving as a terminal for passengers and freight. This includes accessory food services, office uses, and housing.

Peace Officer means a member of the Royal Canadian Mounted Police, a Park Warden appointed pursuant to the National Parks Act (Canada) or a Special Constable employed by the Town.

Permitted Use means a use or development for which a development permit shall be issued by a Development Approving Authority, provided such use or development conforms to all the provisions of this Bylaw.

Personal Service Shop means the provision of personal services to an individual which are related to the care and appearance of the body, or the cleaning and repair of personal effects. This includes barbershops, hairdressers, beauty salons, tailors, dressmakers, and shoe repair shops and dry cleaning establishments and laundromats, but does not include medical treatment services.

Phased Commercial Use Development means a commercial use development which will be constructed and developed in stages and which has received the approval of the Development Officer to be carried out in phases.

Playground means an outdoor area used for play or recreation by members of the public that may include recreational equipment or play structures for children such as slides, climbing frames and natural play features. This does not include outdoor recreation services.

Porch means an enclosed covered structure forming an entry to a building.

Premises means the portion of a site fully contained within a ceiling, floor and the outside of a wall or glazing line of windows.

Principal Building means a building that accommodates the principal use of a site.

Principal Dwelling means a dwelling that is the principal use of a site.

Principal Use means the main or primary activity, for which a site or its buildings are designed, arranged, developed, intended, or for which it is occupied or maintained.

Private Babysitting Facility means the accessory use of a dwelling to provide regular, ongoing care and supervision of six or fewer children including, where applicable, the provider’s own children. Private Babysitting Facilities operate independently and are not approved or monitored by a Family Day Home Agency.

Private Club means development used for the meeting, social or recreational activities of members of a non-profit philanthropic, social service, athletic, business or fraternal organization. Private clubs may include rooms for eating, drinking, and assembly of members.

Private Education Services means development for instruction and education which is not maintained at public expense and which may or may not offer courses of study equivalent to those offered in a public school or private instruction as a home occupation.

Professional, Financial, Health and Office Services means the provision of professional, management, administrative, consulting, financial and health services, but does not include government services, medical treatment services or veterinary services. Typical uses include the offices of lawyers, accountants, engineers, architects, doctors and dentists; offices for real estate and insurance firms; clerical, secretarial, employment, telephone answering, and similar office services; banks, credit unions, loan offices, and similar financial uses; and health services of a preventative, diagnostic, treatment, therapeutic, rehabilitative or counselling nature.

Projecting Sign (see Sign, Projecting)

Property Line means a legal boundary of a lot, parcel or site as required by the context.

Protective and Emergency Services means development which is required for the public protection of persons and property from injury, harm or damage together with the incidental storage of emergency equipment and vehicles. Typical uses include police stations, fire stations, and ancillary training facilities.

Public, when used as an adjective, means any facility, structure, or institution established by a government or by a company operating pursuant to public utility legislation or a franchise granted under the Municipal Government Act. When used to describe persons, it means residents or non-residents within the Town and where the context requires, public refers to those persons appointed by Council to the Development Appeal Board or Municipal Planning Commission who are neither Town employees nor members of Town Council.

Public Education Services means development which is publicly supported or subsidized involving public assembly for educational, training or instruction purposes, and includes administration offices. This includes public and separate schools, and the Banff Centre for Continuing Education, but does not include private education services.

Public Library and Cultural Exhibit means development for the collection of literary, artistic, musical and similar reference materials in the form of books, manuscripts, recordings and films for public use; or a development for the collection, preservation and public exhibition of works or objects of historical, scientific or artistic value. Typical uses include libraries, museums, galleries. Public Libraries and Cultural Exhibits may also include gift shops and eating and drinking establishments as accessory uses, which utilize no more than 10% of the gross floor area.

Public Park means public land specifically designed or reserved for the active or passive recreational use of the public and includes all natural and man-made landscaping, facilities, playing fields, buildings and other structures that are consistent with the general purposes of public parkland. Typical uses include tot lots, band shells, picnic and recreation grounds, pedestrian trails and paths, landscaped buffers, playgrounds, water features, and public washrooms.

Public Roadway means a thoroughfare, street, trail, lane, avenue, parkway, driveway, highway, road, viaduct, alley, bridge, trestleway, or other public right-of-way which is ordinarily used for vehicular traffic, parking, and pedestrians, and is located on publicly owned lands. It includes sidewalks, curbs, boulevards, ditches and traffic lanes.

R

Railway Services means those uses integral to the passenger and freight operations of a railway such as railway lines, marshalling yards, sidings, shunting yards, train stations, offices for railway administration, and terminals. This use includes only those storage uses directly related to railway operations.

Rapid Drive-Through Vehicle Services means rapid cleaning, lubrication, maintenance or repair services to motor vehicles, where the customer typically remains within his vehicle or waits on the premises. Typical uses include automatic or coin-operated car washes, rapid lubrication shops, or specialty repair establishments.

Rear Lot Line means either the property line of a lot which is furthest from and opposite the front lot line, or where there is no such property line, the point of intersection of any side lot lines which is furthest from and opposite the front lot line.

Rear Yard means the portion of a site abutting the rear lot line extending across the full width of the site, situated between the rear lot line and a line on the site parallel to it, at a specified distance from it, measured at a right angle to it along its full length.

Recycling Depot means a facility used for depositing and temporary storage of bottles, cans, newspapers and similar household goods for reuse where all storage is contained within an enclosed building or structure. This does not include auto wreckers, vehicle salvage, or storage operations.

Regulations means any of the general development regulations; specific use regulations; sign regulations; and any subdivision, design and development regulations contained in any district in this Bylaw.

Religious Assemblies means places of worship and related activities. This does not include private or public education services, even as accessory uses. This does include church halls used by not-for-profit organizations for a variety of activities.

Resident means a person who is an eligible resident, as defined by the Lease and Licence of Occupation Regulations pursuant to the National Parks Act and who also resides in the Town.

Residential District means a district in this Bylaw the designation of which begins with the prefix “R”.

Retail Store, Convenience means the retail sale of goods required by the public on a day to day basis, from business premises that does not exceed 275 mð in gross floor area. Typical uses include small food stores, drug stores, and variety stores selling confectionery, tobacco, groceries, beverages, pharmaceutical and personal care items, hardware or printed matter.

Retail Store, General means the retail sale of groceries, beverages, baked goods, household goods, clothing, jewelry, furniture and appliances, hardware, printed matter, confectionery, gifts and souvenirs, tobacco, pharmaceutical and personal care items, automotive parts and accessories, office equipment, stationery and similar goods from within an enclosed building. Minor public services, such as postal services and film processing depots are permitted within general retail stores. General retail stores include convenience retail stores but do not include storefront cannabis retail or cannabis-related sales.

Row Housing (see Housing, Row)

S

Screening means the total or partial concealment of a building, structure or activity by a fence, wall, berm or landscaping.

Self Storage Facility means a use where goods are stored in a building; where the building is made up of separate compartments and each compartment has separate access that may be available to individuals for the storage of personal items. A Self Storage Facility may also include the administrative functions associated with the use.

Service Station means the servicing, washing, and repairing of vehicles and the sale or distribution of gasoline, other petroleum products and a limited range of vehicle parts and accessories. Service stations may include eating and drinking establishments and convenience retail stores as accessory uses on the same site.

Setback means the distance that a development or a specified portion of it, must be set back from a property line.

Shall is an operative word that means mandatory compliance with the Bylaw and confers no discretion, except where a variance may be granted.

Should is an operative word meaning that, in order to achieve the objectives of the Municipal Development Plan and Land Use Bylaw, it is strongly advised that the action be taken.

Side Lot Line means the property line of a lot other than a front lot line or rear lot line.

Side Yard means that portion of a site abutting a side lot line extending from the front yard to the rear yard. The side yard is situated between the side lot line and a line on the site parallel to it, at a specified distance from it, and measured at a right angle to it along its full length.

Sign means any device, structure, fixture, writing, logo, symbol, pictorial representation, emblem, mural, or banner which is visible from any street or lane which directs attention to a product, service, place, activity, person, institution or business.

Sign Area means the total surface area within the outer edge of a sign frame or border or the smallest rectangle surrounding an irregular shaped sign frame or border, or where no frame or border exists, the area within the smallest rectangle surrounding the letters, symbols or objects composing the sign. Only one side of a double-sided sign is used for the purpose of calculating the total sign area, except a canopy sign shall have its total sign area calculated as the sum of all sides containing signs.

Sign, Backlit means a sign illuminated from an internal light source (back lighting).

Sign, Banner means a sign constructed of a pliable material, which is typically installed on a building or structure on a temporary basis.

Sign, Billboard means a sign that advertises goods, products, services, or facilities which directs persons to a different location than the site where the sign is located.

Sign, Canopy/Awning means a sign facing a public roadway that is painted on or fixed flat to the surface of an awning, canopy or other similar feature.

Sign, Community Notice Board means a permanent sign used to display educational material and non-profit community events or notices.

Sign, Construction means a sign that is displayed on a site undergoing construction, which identifies a person who is furnishing labour, services, materials or financing, and may identify the future use of the site, the party responsible for the management of site, and information regarding the sale, leasing or rental of the site.

Sign, Contractor means a temporary sign on the site of a development under construction, identifying the name of a firm involved with the construction.

Sign, Directory means a sign which identifies a number of businesses or other establishments located in the same building or on the same site.

Sign, Freestanding means a sign supported by a structure which is anchored in, or sits on the ground and stands independent of any building or other structure.

Sign Frontage means the portion of a building facade that is occupied by a business or establishment at, or projected to, the property line abutting a public roadway, including a lane, where signs may be located.

Sign, Front-Lit means a sign illuminated by an external light source (front lighting).

Sign, Government means a sign that is

a.    displayed pursuant to federal, provincial or municipal legislation;

b.    by, or on behalf of, the federal, provincial or municipal government; or

c.    by, or on behalf of, a department, commission, board, committee or an official of the federal, provincial or municipal government.

Sign, Hanging means a sign perpendicular to the building face that is suspended entirely underneath an awning, canopy, or other similar feature.

Sign, Menu Box means a sign installed on or near a building, which is used to display the menu offerings of an eating and drinking establishment.

Sign, Portable means a sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to: signs designed to be moved on wheels; signs converted to A or T-Frames; sandwich boards; balloons or inflatable devices used as signs; and signs attached to or painted on vehicles parked and visible from a public right-of-way unless said vehicles are used in the normal day-to-day operations of that business.

Sign, Projecting means a sign attached to a wall of a building in such a manner that its leading edge extends more than 0.2 m beyond the surface of such building or wall. This does not include canopy/awning signs or hanging signs.

Sign, Property Management means a sign that is permanently displayed on a parcel that identifies a party responsible for the management of the parcel.

Sign, Real Estate means a temporary sign identifying real estate that is "for sale", "for lease", "for rent", or "sold".

Sign, Roof means a sign that is erected upon or above a roof or parapet of a building. This includes any sign fixed vertically to the top of a canopy, awning, or similar feature.

Sign, Special Event means a sign that promotes a special event and may take the structure and form of other types of signs.

Sign, Special Event Banner means a temporary sign advertising or notifying the public of a non-profit community event and located on or over public or private property.

Sign, Wall means a sign attached to a wall of a building in such a manner that its leading edge is 0.2 m or less from the supporting wall. This shall include menu display boxes.

Sign, Window means a sign which is attached in any manner to a window pane or glass or located within 0.9 m of the inside of a window pane or glass and which is visible from a public roadway.

Single Detached Housing (see Housing, Single Detached)

Site means an area of land on which a building or use exists or for which an application for development permit is made. A site may include one or more lots or parcels.

Site Coverage means that percentage of a site covered by or beneath all buildings or structures that are 1.0 m or more in height, including accessory buildings or structures. Site coverage does not include projections permitted by this Bylaw, driveways, or surface parking areas.

Sloping Roof means a roof with a slope greater than 20 degrees.

Small Commercial Use Development means any commercial use development of up to 46 m2 or less in total new or incremental gross floor area.

Spectator Entertainment Establishments means facilities within an enclosed building specifically intended for live theatrical, musical or dance performances; or the showing of motion pictures. Typical uses include auditoriums, cinemas, and theatres.

Stacked Row Housing (see Housing, Stacked Row)

Statutory Plan means the Banff Municipal Development Plan, an area redevelopment plan, or an area structure plan which has been adopted by Bylaw by the Town and approved by the Minister.

Storage means an accessory room or contiguous rooms within a building or use, having a Gross Floor Area of greater than 50 m2 dedicated exclusively for the keeping or holding of goods and merchandise related to the business, and which is not accessible to the public. This excludes the repair or rental of equipment, offices and other accessory uses.

Storage, Outside means the keeping of objects or equipment outside a building overnight or any period through the day in excess of 24 hours.

Storefront Cannabis Retail means a retail business where cannabis is sold or marketed to a person who attends the premises.

Storey means that portion of a building with a clearance of 1.8 m or more which is situated between the top of any floor and the underside of the ceiling or structure above it, provided it is not greater than 3.0 m. If the top of the finish floor above a basement is more than 0.76 m above grade, such basement is considered a storey or half-storey.

Storey, Half (see Half-Storey or ½ Storey and the Interpretive Diagrams in Schedule "C")

Structure means anything constructed or erected that requires location on the ground or is attached to something having a location on the ground.

Structural Alteration means a change or addition to the supporting members of a structure, including the foundations, bearing walls, rafters, columns, beams and girders.

Studio means a building, that is accessory or ancillary to a public education service, used for musical rehearsal or the production of arts or crafts, with a gross floor area less than 50 m2.

Subdivision means the division of a parcel by an instrument, including a condominium plan, or boundary change to two or more adjoining parcels. Subdivide has a corresponding meaning.

T

Tandem Parking means two parking spaces, one behind the other, with a common or shared point of access to a maneuvering aisle, lane, or public roadway.

Temporary Development means a development for which a development permit has been issued which allows the development for a specified limited time.

Temporary Sign (see Sign, Temporary)

Through Lot (see Lot, Through)

Towing and Recovery Services means the provision of towing and recovery services including the storage of tow trucks, emergency roadside vehicles, and associated equipment. Also includes a compound for the storage of vehicles that have been recovered and for the impounding of vehicles for a law enforcement agency having authority to impound vehicles. No recovered vehicle shall be stored in the compound for more than 60 days.

Town means the corporation of the Town of Banff, in the Province of Alberta and where the context so requires also means the land included in the boundaries of the Town.

Trading Post means a mixed use development located in a heritage building which combines the sale of a limited range of goods such as souvenirs and related goods with the exhibition and display of natural resource exhibits. This does not include an eating and drinking establishment.

Transportation Services means services utilizing one vehicle greater than 1000 kg, or two or more vehicles of any respective weight, used for the transport of people, goods or services, where such vehicles are not available for sale or long term lease. This includes taxi, rickshaw, horsedrawn carriage, pedicab and tour services, bus lines, messenger and courier services, mobile food catering and fast food delivery. Transportation services also include washing, maintenance, servicing and storage of transport vehicles.

Triplex (see Housing, Triplex)

U

ULC Rating (Class A or B) refers to a building code classification roof covering materials determined in conformance with CAN/ULC-S107-M "Standard Methods of Fire Tests of Roof Coverings (Underwriters Laboratory of Canada)", as amended.

Use means the purpose or activity, for which a site and its development are designed, arranged, developed or intended, or for which it is occupied or maintained.

Utility means systems for the distribution of gas; facilities for the storage, transmission, treatment, distribution or supply of water; electricity; communication systems, facilities for the collection, treatment, movement, or disposal of sanitary sewage; storm sewer drainage systems; waste; or any other things prescribed pursuant to the Act.

Utility Services means development which is part of the public or private infrastructure necessary for the local distribution of utility services. Typical uses in this class include gas regulating stations, pumping stations, communal garbage bins, electrical power transformers, water reservoirs, fuel storage tanks, equipment and material storage yards for utilities and services; telephone exchanges; storm water lakes; water towers; water treatment plants; power substations; communication towers, and natural gas distribution.

V

Vehicle means a vehicle as defined in the Alberta Highway Traffic Act.

Vehicle Rental Services means the rental of new or used automobiles, trucks and other motorized vehicles. Vehicle rental services may contain accessory offices and ancillary uses including vehicle washing and storage, but excluding vehicle maintenance, repair and sales.

Veterinary Services means the care and treatment of small and household animals within an enclosed building where the veterinary services primarily involve out-patient care and minor medical procedures involving hospitalization for fewer than four days. This includes pet clinics, small animal veterinary clinics, and veterinary offices. This does not include animal hospitals and shelters.

W

Wall Sign (see Sign, Wall)

Warehouse Sales means the wholesale or retail sale of a limited range of bulky goods from within an enclosed building where the size and nature of the principal goods being sold typically require large floor areas for direct display to the purchaser or consumer. This includes developments where principal goods being sold are such bulky items as furniture, carpet, major appliances and building materials. This does not include developments used for the retail sale of food or a broad range of goods for personal or household use.

Warehousing means the use of a building primarily for the keeping of goods and merchandise, excluding dangerous or hazardous materials. This does not include retail sales and does not include outdoor storage.

Wildland Urban Interface means the areas within and around the community where wildfires may potentially ignite buildings and structures.

Wildfire Protection Measures means efforts taken to reduce or minimize the ignition potential of any buildings and structures including their immediate surroundings such as, but not limited to, removal of trees and brush and use of fire resistant landscaping and building materials.

Wildfire Risk Zones means areas within in the town boundary at low, moderate or high risk to the potential spread of wildfire as depicted by the Wildfire Risk Zones Map contained as Schedule "F" to this Bylaw.

Window Sign (see Sign, Window)

Y

Yard means the required open space unoccupied by any building, unless otherwise permitted in this Bylaw.

[Amended 6.27.2024 Bylaw 483; Amended 6.24.2024 Bylaw 482; Amended 4.5.2022 Bylaw 450; Amended 6.14.2021 Bylaw 455; Amended 9.11.2018 Bylaw 421; Amended 3.05.2018 Bylaw 420]