8.0.0
General Development Regulations
The provisions of this section shall apply to all developments and subdivisions in the Town unless otherwise exempted in this section. Where these provisions conflict with any District Development Regulations, the provisions contained in this section shall prevail.
8.1.0 Environmental Assessment
8.1.1
The Canadian Environmental Assessment Act applies to any development or subdivision within the Town, in accordance with the provisions of that Act and the regulations passed under it, including any mitigative measures or procedures required pursuant to that Act.
8.1.2
Where an applicable environmental assessment requires that mitigative measures be taken to minimize the potential adverse environmental effects of a development or subdivision, such measures shall be deemed to be a condition of the development permit or the subdivision approval.
8.1.3
A Development Approving Authority shall not relieve an applicant from any mitigative measures required pursuant to the Canadian Environmental Assessment Act.
8.2.0 Design Standards
8.2.1
In all developments, the quality of building appearance and finishes, signs, landscaping, and site development shall be to the satisfaction of the Development Approving Authority who shall ensure, as far as practical, that materials will be used which ensure that the standard of the development will be similar to, or better than, the standard of surrounding development. The Development Approving Authority may require that the appearance of walls exposed to public view from beyond the site be improved where the appearance of such walls is inconsistent with the finishing standards of surrounding development.
8.2.2
All developments shall conform, to the satisfaction of the Development Approving Authority, to the Banff Design Guidelines attached as Schedule "B" to this Bylaw.
8.3.0 Environmental Design Standards
8.3.1
All developments must be sensitive to the protection and enhancement of the natural environment and demonstrate that there will be negligible adverse impacts on air, water, land and energy resources. The Development Approving Authority shall ensure that water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts can be mitigated.
Notwithstanding s.4.3.0 a Development Approving Authority may require a written description of the environmental design approach including statements about:
a. how the proposed development is to be connected to the public water system, including information on water main size and pressure; the excess capacity available in the public water system; the location of the nearest water main and the estimated water demand of the proposed development;
b. how the proposed development is to be connected to the public sewage treatment system; the excess capacity available in the public sewage treatment system; the nearest location to the building site of a trunk or connecting sewer line; and the expected sewage treatment demand of the proposed development;
c. the type of drainage system proposed to handle surface drainage, underground and runoff water from the proposed development, and the effect of the development on historic drainage patterns;
d. the type of fire protection systems to be used (hydrants, sprinklers, wet standpipes, etc.) and the distance to the fire station and its average response time;
e. how wildfire protection measures, such as fire resistant landscaping and building materials, will be incorporated into the proposed development.
f. the type of stoves and fireplaces to be installed, including those using wood, gas or other fuels, the number of such stoves and fireplaces and any emission control devices used on the stoves or fireplaces; and
g. how the proposed development is to be connected to the electrical and gas systems and the expected electrical and gas demand of the proposed development.
8.3.2
In all developments, consideration should be given to the extent which the proposed development will use passive and/or active energy conservation techniques in its construction, including but not limited to, insulation, glazing, passive solar orientation, efficient heating and cooling systems and solar energy devices, water conserving plumbing fixtures and fewer or cleaner woodburning devices.
8.3.3
For all new Housing and Accessory Dwellings the following standards shall apply:
a. Glazing: Design and install Energy Star certified windows of a minimum of "Zone C" requirements (29 W/m2 k2) or of an equivalent Energy Rating (ER) level as determined by the CSA Standard A440.2.
b. Insulation: All exterior wall or roof insulation must exceed R values stipulated in the Alberta Building Code by a minimum of 20%. Alternative wall and insulation systems, such as structural insulated panels (SIPs) and insulated concrete forms (ICFs), must demonstrate a comparable R-value, but thermal mass or infiltration effects cannot be included in the R-value calculation.
c. Water efficiency: The following requirements for high efficiency plumbing fixtures muse be met:
i. Average flow rate for all lavatory faucets must be 7.5 LPM (2.0 GPM)
ii. Average flow rate for all showerheads must be 7.5 LPM (2.0 GPM)
iii. Average flow rate for all toilets, including dual-flush toilets, must be 4.9 LPF (1.3 GPF) and meet the Uniform North American Requirements (UNAR) for toilet fixtures. That is, a toilet fixture should completely evacuate at least 350g of waste in a single flush action.
8.3.4
A Development Approving Authority may accept, at its discretion, alternative green building standards which meet or exceed the standards of Section 8.3.3.
8.4.0 Tree Removal and Protection
8.4.1
Tree and shrub removal, except for the removal of dead or hazardous trees and routine pruning (which are exempt from a permit), shall be regulated as a discretionary use and all provisions of this Bylaw in respect of discretionary uses shall apply, except that an application for a development permit shall be decided by a Development Officer unless s.3.1.3 is applicable.
8.4.2
In considering an application for tree removal, a Development Officer shall consider the age, size, health, species, location, rarity and potential wildfire hazard of the trees proposed for removal.
8.4.3
Tree removal permits will be issued only upon the replacement with an equivalent plant material, unless a Development Officer is of the opinion that the site will retain adequate tree and landscape coverage or that replacement trees may create potential wildfire hazard.
8.4.4
All trees to be retained on site as part of any approved development shall be protected by fencing set back a minimum of 1.0 m from the drip line during all phases of construction.
8.5.0 Yards on Corner, Double Fronting, and Through Sites
8.5.1
A front yard shall be the yard abutting a public roadway, other than a lane, in accordance with the front yard requirements of the district in which the site is located.
8.5.2
In the case of a corner lot, the front yard shall be the narrower of the two frontages. In addition, a Development Approving Authority may require an additional front yard on a corner site other than that required, having regard to the orientation and access of any development and yards.
8.5.3
Lands abutting public roadways, other than a lane, may, at the discretion of a Development Approving Authority, be deemed front yards for the purpose of establishing setbacks.
[Amended 6.27.2024 Bylaw 483]
8.6.0 Projections Into or Under Yards
8.6.1
Projections shall be permitted within yards, as follows:
a. Front Yards
Eaves, cantilevered balconies and bay windows, canopies, chimneys, decks, fire escapes and porches may project a maximum of 1.0 m over or onto a required front yard except in the CS and CD Districts where such projections shall be limited to 0.6 m.
b. Side Yards
Eaves, cantilevered balconies and bay windows, canopies, chimneys, decks, fire escapes and porches may project a maximum of 0.6 m over or into a required side yard.
c. Rear Yards
In non-residential districts, eaves, balconies, bay windows, canopies, chimneys, unenclosed decks, fire escapes and porches may project a maximum of 1.8 m over or into a required rear yard except in the CS and CD Districts where such projections shall be limited to 1.5 m.
d. Eaves, Architectural Details and Structural Elements
Notwithstanding subsections (a), (b) and (c), in all residential districts:
i. Eaves, architectural details and structural elements may project over, or into, a required side yard, provided they have a minimum setback of 1.0 m.
ii. Eaves, architectural details and structural elements may project over, or into, a required rear yard, provided they have a minimum setback of 1.5 m.
iii. Eaves, architectural details and structural elements may project over, or into, a required front yard, provided they have a minimum setback of 2.4 m.
e. Unenclosed Steps
Unenclosed steps providing entry exclusively to a basement or first floor of a principal building may project over or into a required front, rear, or side yard.
f. Underground Construction
Utilities, storage tanks, underground parking, and similar structures constructed entirely beneath the surface of the ground except in the front yard of sites in the CA and CT Districts, and all residential districts, where they may encroach under driveways and other paved areas at the discretion of the approving authority. In all other cases, such underground encroachments must be covered with sufficient soil depth to support landscaping.
g. Party Wall Development
Housing, where it meets a property line along a common party wall.
h. Garbage and Recycling Facilities
Garbage and recycling facilities constructed in accordance with the Town of Banff Engineering Design Standards.
[Amended 6.27.2024 Bylaw 483]
8.7.0 Canopies and Awnings
8.7.1
Canopies and awnings shall be regulated as discretionary uses and all provisions of this Bylaw in respect of discretionary uses shall apply, except that an application for a development permit shall be decided by a Development Officer in cases where the canopy or awning is accessory to a permitted use. When a canopy or awning which overhangs public lands or a public roadway is approved, an encroachment agreement shall be required.
8.7.2
No canopy or awning shall be erected which exhibits a primarily convex or bubble form.
8.7.3
No canopy or awning shall be erected over public lands or a public roadway which:
a. extends horizontally beyond a line drawn perpendicularly distant to and 0.6 m in from the line of the curb;
b. extends more than 2.0 m over public lands or a roadway in front of any premises;
c. is less than 2.5 m above a public sidewalk, measured from the lowest portion of such canopy or awning or its supporting framework;
d. is supported on pillars or posts or by braces, brackets or supports on or extending over a public roadway except where the braces, brackets or supports are an integral part of the structure; or
e. is more than 3.0 m in height.
8.8.0 Fences
8.8.1
Except as may be provided in the district regulations, the height of a fence shall not exceed:
a. 1.0 m where the fence is located within a front yard or a side yard abutting a public roadway, other than a lane;
b. 2.0 m where the fence is located within a rear or side yard; or
c. 2.4 m where the fence is located on a site in the CS District.
8.8.2
A portion of a fence may exceed the height specified in s.8.8.1 by up to 0.3 metres where:
a. the fence is located on a slope and incorporates a stepped design, as illustrated in Schedule "C"; or
b. the fence incorporates a series of posts, columns or pilasters, which are higher than the main fence line, as illustrated in Schedule "C".
8.8.3
Fences are not permitted where an environmental assessment for a development does not permit them.
8.8.4
A fence or other visual screening is required as part of a commercial development, where the site abuts a residential district.
8.9.0 Accessory Buildings
8.9.1
Where a building is attached to a principal building on the site by a roof, an open or enclosed structure above grade, a floor or a foundation which is above grade, or any structure below grade allowing access between the buildings such as a parking garage or corridor or passageway connecting the buildings, it is part of the principal building and is not an accessory building.
8.9.2
All accessory buildings located in a non-residential district:
a. Are subject to the regulations for that district.
b. Notwithstanding subsection (a), an accessory building located on a site that abuts a site in an adjacent residential district shall be no closer than 1.5 m to the boundary of the residential site.
c. Notwithstanding subsection (a), the maximum height of an accessory building shall be 3.0 m.
8.9.3
All accessory buildings located in a residential district:
a. Are subject to the regulations for that district.
b. Notwithstanding subsection (a), an accessory building that does not exceed 3.0 m in height, and has a footprint less than 30.0 m2 may be located within a required side, or rear, yard; provided, that it has a minimum setback of 1.0 m and the yard does not abut a public roadway, other than a lane.
[Amended 6.27.2024 Bylaw 483; Amended 6.14.2021 Bylaw 455]
8.10.0 Accessory Dwelling Housing
8.10.1
Accessory dwelling housing shall be located within the principal building, or within an accessory building, provided the entire development conforms to all of the other regulations and guidelines of this Bylaw.
8.10.2
Accessory dwelling housing shall be permitted only where the principal use of the site is single detached housing, duplex housing, triplex housing or fourplex housing; provided, that the total combined number of accessory dwelling housing units is equal to, or less than, the number of principal dwellings on a site.
[Amended 6.27.2024 Bylaw 483; Amended 6.14.2021 Bylaw 455]
8.11.0 Objects and Uses Prohibited or Restricted
8.11.1
A motor vehicle that is dismantled, derelict, or in a state of disrepair or ruin shall not be allowed to remain outside a building in a residential district.
8.11.2
There shall be no visible storage of loose rubbish, garbage or their receptacles, or any building or manufacturing materials on any portion of a lot. No storage shall occur on any vacant parcel unless otherwise stipulated in a development permit or permitted by this Bylaw.
8.11.3
No more than one commercial vehicle shall be allowed to remain on a site except while actively engaged in loading or unloading.
8.11.4
A commercial vehicle of a gross weight in excess of 4000 kilograms shall not be allowed to remain on a site except while actively engaged in loading or unloading.
8.11.5
Except as otherwise noted in s.8.11.10, no commercial motor vehicle, including a transportation service vehicle, tractor, tractor-trailer, an utility vehicle with a gross weight in excess of 4500 kilograms shall be parked or stored overnight on a site, unless such use is authorized by development permit.
8.11.6
Building materials or construction equipment for use on the same site may be stored on the site during the time that a valid building permit is in effect for construction.
8.11.7
Not more than one satellite dish greater than 0.6 m in diameter is permitted per parcel. Not more than one satellite dish that is 0.6 m in diameter or less shall be located per dwelling in a residential district and per business in a commercial district.
8.11.8
A satellite dish shall not be located in any required yard abutting a public roadway other than a lane.
8.11.9
A satellite dish greater than 0.6 m diameter may be located on a roof if screened or incorporated into the roof structure in a manner satisfactory to the Development Approving Authority. If not completely screened, the satellite dish must be painted to match the main colour of the principal building or its roof, and shall not be illuminated or include a sign.
8.11.10
Notwithstanding s.8.11.5, a commercial vehicle which does not exceed a three-quarter ton truck in size, a recreational vehicle or boat may be parked or stored on a site for 24 hours or longer, so long as the motor vehicle is located on a driveway or hard-surfaced parking area and does not encroach upon the landscaped portion of the site.
8.11.11
No merchandise, goods or wares shall be attached to an exterior door, placed within the operable range of an exterior door, or placed on the exterior of a building or on public lands unless otherwise authorized by Council policy.
8.11.12
No merchandise, goods, wares, or shipping material shall be stored externally or on public lands within a commercial district. Notwithstanding the above, merchandise, goods, wares, or shipping material may be stored externally within the CS district subject to the regulations of that district.
8.11.13
No person, building owner or business shall conduct retail sales or the sale of consumable items outside a building, unless permitted by a Development Officer, or licenced pursuant to the Business Licence Bylaw, or the sale is incidental to an authorized special event.
[Amended 9.11.2018 Bylaw 421]
8.12.0 Building Height
8.12.1
A Development Approving Authority may exclude, at its discretion, the following features from the maximum permitted height: chimney stacks, steeples, belfries, elevator housings, roof stairway entrances, fire walls, parapet walls less than 0.6 m in height, flag poles, clearance markers or other architectural features which are considered to be similar by the development approving authority.
8.12.2
Receiving or transmitting structures, including satellite dishes, shall be calculated as part of building height. Satellite dishes in residential districts must comply with the height restrictions for accessory development.
8.12.3
Where a district regulation provides an alternative height limit, such as number of storeys, or a specific height in metres, the more restrictive shall apply.
8.12.4
Notwithstanding s.8.12.3, the maximum dimensioned height minus 1.2 m, rather than the number of storeys, shall apply to parking structures.
8.12.5
Lofts or mezzanines conforming with the standards of the Alberta Safety Codes Act above the uppermost storey shall not be considered a storey for the purpose of measuring building height.
8.13.0 Hardsurfacing of Parking and Loading Areas
8.13.1
Every off-street parking or loading space located in any non-residential district, and the access thereto, shall be finished with hardsurfacing.
8.13.2
Notwithstanding Section 8.13.1, every off-street parking or loading space located in the CS: Commercial Services District, and the access thereto, shall be finished with hardsurfacing and may include hard packed gravel in areas outside of the front yard setback.
8.13.3
Every off-street parking or loading space located in any residential district, and the access thereto, shall be finished with hardsurfacing, which may be constructed of a permeable material subject to the approval of the Development Approving Authority.
[Amended 6.24.2024 Bylaw 482]
8.14.0 Access
All accesses to sites from a public roadway shall be located to the satisfaction of the Director of Environmental Services. Where alternative access to a lane or flanking street is available, access may be denied to a collector or other public roadway at the discretion of the Director of Environmental Services.
8.15.0 Relocation of Structures
8.15.1
No person shall move any structure or part thereof to any other location unless that structure or part is made to conform to the provisions of this Bylaw applicable to the district to which it is to be moved.
8.15.2
Before moving a building or portion to a new location, the owner shall enter into an agreement with the Town including an undertaking of the owner to pay all damages arising out of the move and such other terms and conditions as a Development Officer deems necessary.
8.16.0 Off-Street Parking
When a development is proposed, including a change of use of existing development, or when an existing development is, in the opinion of the Development Approving Authority, substantially enlarged, increased in capacity, or intensified in use, then provision shall be made for additional new off-street vehicular parking stalls on the same site as the development in accordance with the following regulations and standards:
8.16.1
Residential
a. There is no minimum number of required parking stalls for any housing development. Where parking stalls are provided, they must conform to the requirements of this bylaw.
b. Bed and breakfast homes require one (1) parking stall per commercial accommodation unit.
c. Bed and breakfast inns require one-half (1/2) parking stalls per commercial accommodation unit.
d. Home occupations require one (1) parking stall where the parking of a commercial vehicle is part of the approval of a home occupation Type 2. At its discretion, the Municipal Planning Commission may require additional parking if it is deemed necessary given the nature of the home occupation. [Amended 01.26.2017]
8.16.2
Commercial, Government, Health or Office Uses or Services, not located in the CS District:
a. Any commercial or office development not listed separately in this section:
i. 2.5 parking stalls per 100 m2 of gross floor area.
b. Eating and Drinking Establishments
i. 4.0 parking stalls per 100 m2 of gross floor area, except that the Kitchen shall be calculated at 2.5 parking stalls per 100m2. A Development Approving Authority may waive the parking requirement for unenclosed outdoor eating and drinking areas used only on a seasonal basis and which are part of a principal eating and drinking establishment that has more indoor than outdoor seating area.
c. Hotels
i. 1 parking stall per commercial accommodation unit, plus parking for all accessory uses except that a Development Approving Authority may relax the parking requirements where it deems the accessory uses are designed and intended primarily for those guests using the commercial accommodation units. Up to 30% of the required parking stalls may be replaced by bus parking stalls at the rate of 15 parking stalls per bus parking stall, at the discretion of a Development Approving Authority.
d. Hostels
i. 0.5 parking stalls per commercial accommodation unit, plus parking for all accessory uses except that a Development Approving Authority may relax the parking requirements where it deems the accessory uses are designed and intended primarily for those guests using the commercial accommodation units. Up to 30% of the required parking stalls may be replaced by bus parking stalls at the rate of 15 parking stalls per bus parking stall, at the discretion of a Development Approving Authority.
e. Storage
i. Clearly defined storage areas greater than 50 m2 in gross floor area may have parking relaxed to 1 parking stall per 100 m2 of gross floor area, at the discretion of the Development Approving Authority.
8.16.3
Commercial Uses, located in the CS District:
a. Warehousing
i. 1.0 parking stall per 100 m2 of gross floor area.
b. Eating and Drinking Establishments
i. 3.0 parking stalls per 100 m2 of gross floor area.
i. In addition to providing 2.0 parking stalls per 100 m2 of gross floor area of office, a transportation service shall provide 1.0 parking stall for each transportation service vehicle at an approved location.
d. Towing and Recovery
i. In addition to providing 2.0 parking stalls per 100 m2 of gross floor area of office, a towing and recovery service shall provide 1.0 parking stall for each towing and recovery service vehicle at an approved location.
e. Other Commercial Uses
i. 2.0 parking stalls per 100 m2 of gross floor area.
8.16.4
i. 1 parking stall per 3 patient beds.
8.16.5
Public Assembly
a. Indoor Recreation Services, Day Care, Religious Assemblies, Convention Facilities, Natural Science Exhibits, Outdoor Participant Recreation Services, Private Clubs, Public Libraries and Cultural Exhibits, Spectator Entertainment Establishments, Sports Establishments, and Community Recreation Services
i. 1.0 parking stall per 6 seating spaces, or 1.0 parking stall per 50 m2 of gross floor area used by patrons, whichever is greater.
b. Public or Private Education Services
i. 1.5 parking stalls per classroom, except it shall be 3.0 parking stalls per classroom for senior high schools.
8.16.6
Parking space for the disabled shall be provided in accordance with the Alberta Safety Codes Act in effect at the time of the development permit application. This parking shall be provided as part of the minimum parking requirement.
8.16.7
Additional parking requirements for development on a site, changes of use, or redevelopment shall be based on the gross floor area of incremental new development only. No additional requirement shall be made with respect to any existing development, other than the replacement of spaces eliminated by the new development.
8.16.8
A Development Approving Authority may, at its discretion, waive the requirements of s.8.16.0 respecting required off-street parking if the proposed development is of a temporary nature, for which a temporary development permit is issued for a period not exceeding one year and the development conforms to s.4.12.2.
8.16.9
Where a proposed use is not listed above, the parking requirement shall be determined by the Development Approving Authority, who may either determine that the proposed use is similar to one which is listed, or, if that is not the case, make its own determination as to the requirement.
8.16.10
Where the parking requirement results in a fractional number of 0.5 parking stalls or greater, the parking requirement shall be rounded up to the nearest whole number, unless the Development Approving Authority accepts cash in-lieu of parking pursuant to s.8.16.11, in which case the cash payment may be determined by multiplying the fractional number by the rate established by Council.
8.16.11
Notwithstanding Section 8.16.12, the Development Approving Authority may, at its discretion, accept payment in lieu of the required parking for commercial uses in the CD District, and bus parking stalls within the CD, CA and PS Districts, at the rate established by Council.
8.16.12
The Development Approving Authority shall accept cash-in-lieu of parking where the parking requirement results in a fractional number less than 0.5 parking stalls.
8.16.13
In the CD District, payment in lieu is required for a minimum of 90% of the required parking. The difference may be provided in constructed stalls and / or payment in lieu. This does not apply to Hotels in the CD land use district, except for accessory uses located within a Hotel.
8.16.14
Notwithstanding Section 8.16.13, a Development Approving Authority may allow up to 100% of the required parking to be constructed on-site provided that:
a. no less than 10 required stalls are being constructed; and
b. of the total number of required stalls, a minimum of 50% are to be accessible to the general public for durations not to exceed 8 hours; and,
c. a Development Agreement between the Town of Banff and the applicant registered on title prescribing the ongoing nature of these requirements.
8.16.15
Notwithstanding Section 8.16.0, the Development Approving Authority may, at its discretion, allow the required off-street parking to be off site for commercial developments in the CD District and for bed and breakfast inns, provided:
a. It is located within 100 m for a commercial use and 50 m for a bed and breakfast inn as measured along the centreline of public roadways between the parking area and the development to which it is related; and
b. A restrictive covenant or other legal agreement acceptable to the Development Approving Authority ensures that this parking remains available for the use of the development.
8.16.16
In the case of the multiple use of a site, the Development Approving Authority shall calculate the parking required for each individual use and the total shall be deemed to be the required parking for the site, unless the applicant can demonstrate to the satisfaction of the Development Approving Authority that there is a complementary use of the parking facilities which would warrant a reduction in the parking requirements.
Spaces and Aisles
8.16.17
Except as provided below, each required off-street parking stall shall be a minimum of 2.5 m in width, and a minimum of 5.4 m in length, exclusive of access drives or aisles, ramps, or columns. Parking stalls shall have a vertical clearance of at least 2.0 m. For parallel parking, the length of the parking stalls shall be increased to 7.0 m, except that an end stall with an open end shall be a minimum of 5.5 m. For parking stalls other than parallel parking stalls, up to 25% of the required parking stalls may be of a length shorter than that required above, to a minimum of 4.6 m.
8.16.18
Vehicular access in residential districts is restricted to an abutting lane where a lane exists.
8.16.19
Aisles shall be designed to the satisfaction of the Director of Engineering.
8.16.20
Where parking stalls are located with access directly from a lane, the required width of the aisle may be reduced by the width of the lane, but the entire parking stall must be provided on the site.
8.16.21
Where the use of a parking stall is limited on both sides by a wall or a column, the unobstructed width from face to face of the obstructions shall be 3 m, and if in this case, a building door opens into the parking stall on its long side, the unobstructed width shall be 3.3 m. Where the use of a parking stall is limited on one side by a wall or a column, the unobstructed width of the parking stall shall be 2.7 m, and if in this case, a building door opens into the parking stall on its long side, the unobstructed width shall be 3.0 m.
8.16.22
Each bus parking stall shall have a minimum width of 3.6 m, a minimum length of 12.2 m, and a minimum vertical clearance of 4.6 m.
8.16.23
Adequate access to and egress from individual parking stalls shall be provided by means of unobstructed maneuvering aisles to the satisfaction of the Development Approving Authority.
8.16.24
Except as otherwise provided for in this Bylaw, parking stalls may be located within a required front yard or side yard abutting a public roadway other than a lane only if located on a driveway leading to a garage; or in residential districts at the discretion of the Development Approving Authority when adequate landscape screening is provided.
8.16.26
Tandem parking is not permitted as part of the required parking.
8.16.27
A driveway shall not be wider than:
a. 3.6 m for the first 2.0 m inside a property line abutting a public roadway other than a lane for residential developments, except this may be increased at the discretion of the Development Approving Authority when adequate landscape screening is provided; and
b. 6 m for the first 2.0 m inside a property line abutting a public roadway other than a lane in all other cases.
8.16.28
A driveway located off a lane shall be no wider than 60% of the lineal distance measured along the rear lot line of the site.
8.16.29
Driveway gradients shall meet the Town of Banff Municipal Engineering Standards.
[Amended 6.24.2024 Bylaw 482; Amended 6.14.2021 Bylaw 455; Amended 12.12.2018 Bylaw 404]
8.17.0 Off-Street Loading
8.17.1
When a development is proposed, including a change of use of existing development, or when an existing development is, in the opinion of the Development Approving Authority, substantially enlarged or increased in capacity or intensity of use, off-street loading spaces shall be provided in accordance with the following:
a. Commercial uses:
i. 1 loading space per 9,300 m2 gross floor area per site.
b. Non-commercial uses excluding housing:
i. 1 loading space per 2,800 m2 gross floor area per site.
8.17.2
For mixed use developments, the total requirement for loading spaces shall be the sum of the requirement of the uses computed separately unless the applicant can demonstrate to the satisfaction of the Development Approving Authority that there is a complementary use of the loading facilities which would warrant a reduction of the requirements.
8.17.3
All loading spaces shall be located on the site so that all materials and commodities loaded or unloaded can be easily collected or distributed within the site. Access shall be so arranged that backing or turning movements of vehicles going to or from the site minimizes interference with traffic on adjoining or abutting public roadways, lanes, sidewalks, or boulevards.
8.17.4
Loading spaces shall be of adequate size and with adequate access to accommodate the types of vehicles which will be loading and unloading, without those vehicles projecting into a public roadway. In no case shall the space be less than 9.2 m in length, less than 3.0 m wide, or have less than 3.7 m clearance.
8.17.5
Where the calculation of the required number of loading spaces results in a fractional number of 0.5 or greater, the next whole number shall be required.
8.17.6
Where more than one loading space is required on a site, a Development Approving Authority may permit any number of the loading spaces to be combined into a larger or higher standard loading area.
8.17.7
All commercial spaces within a building shall be required to have internal corridor access connecting to garbage and loading areas.
8.17.8
A relaxation may be granted in respect of required loading spaces where it can be demonstrated to the satisfaction of the Development Approving Authority that there will be no negative impact from the relaxation.
8.18.0 Off-Street Garbage and Recycling
8.18.1
When a development is proposed, including a change of use of existing development, or when an existing development is, in the opinion of the Development Approving Authority, substantially enlarged or increased in capacity or intensity of use, provision for garbage storage, recycling and collection shall be provided on the same site as the development in accordance with the Town of Banff Municipal Engineering Standards as amended from time to time.
8.18.2
Where a residential development consisting of 10 or more dwellings is proposed, provision shall be made for on-site garbage storage, recycling and collection at a rate of one garbage bin per 10 dwellings.
8.18.3
A Development Approving Authority may require the provision for residential garbage storage, recycling and collection be provided off-site if the proposed development consists of less than 10 dwellings, in which case a cash contribution in-lieu of on-site garbage storage, recycling and collection shall be required and directed toward the cost of increased collection services, at a rate established by Council from time to time.
8.18.4
An unobstructed access lane with a minimum width of 3.0 m and minimum vertical clearance of 4.6 m shall be provided to provide access to a required garbage and recycling room or enclosure.
8.18.5
The Development Approving Authority may allow garbage recycling and loading spaces to be combined provided that the allocated space is adequate to meet the existing and projected needs generated by all of the uses of the site.
8.19.0 Required Housing
8.19.1
When a development is proposed, including a change of use of existing development, or when an existing development is, in the opinion of a Development Approving Authority, substantially enlarged or increased in capacity or intensified in use, then provision shall be made for additional new housing in accordance with the regulations and standards contained in this section, as follows:
a. Eating and Drinking Establishments
- 1 bedroom per 20 m2 of gross floor area except that the kitchen shall be calculated at 1 bedroom per 100 m2 of gross floor area.
b. Hotels
i. for hotels with fewer than 60 commercial accommodation units:
- 1 bedroom per 10 commercial accommodation units;
ii. for hotels with between 60 and 100 commercial accommodation units:
- 1 bedroom per 8 commercial accommodation units;
iii. for hotels with greater than 100 commercial accommodation units:
- 1 bedroom per 6 commercial accommodation units; and
iv. the additional housing requirements for eating and drinking establishments, retail, and other accessory uses.
c. General Retail Store, Convenience Retail Store and Storefront Cannabis Retail
i. 1 bedroom per 100 m2 of gross floor area.
d. Hostels
i. 1 bedroom per 10 commercial accommodation units, plus the additional requirements for eating and drinking establishments, retail, and other accessory uses.
e. Professional, Financial, Health and Office Services
i. 1 bedroom per 50 m2 of gross floor area.
f. Other Commercial and Commercial Services
i. 1.5 bedrooms per 200 m2 of gross floor area.
g. Government and Institutional Uses
i. 1.0 bedroom per 200 m2 of gross floor area, or as determined by a Development Approving Authority.
h. Warehousing
i. Warehousing may have the requirement relaxed to 1.0 bedroom per 200 m2 of gross floor area at the discretion of the Development Approving Authority.
i. 0.5 bedrooms per transportation service vehicle.
8.19.2
All newly constructed bedrooms built as required housing shall meet the following requirements:
a. bedrooms within single detached housing must be less than or equal to 11.2 m2.
b. a maximum of two (2) required bedrooms can be credited within single detached housing.
8.19.3
Required housing shall be provided on a net basis. Where existing housing is demolished as part of the development, replacement housing of an equivalent number of bedrooms shall be provided in addition to the required housing.
8.19.4
Additional housing requirements for development on a site, changes of use, or redevelopment shall be based on the new incremental development only. No additional requirement shall be made with respect to any existing development, other than the replacement of dwellings eliminated by the new development.
8.19.5
Where a proposed use is not listed above, the housing requirement shall be determined by the Development Approving Authority, who may either determine that the proposed use is similar to one which is listed, or, make its own determination based on a requirement of 0.5 bedrooms per employee, having regard to the potential number of employees utilizing the site and circumstances of the development.
8.19.6
Where the housing requirement calculation results in a fractional number of 0.50 or greater, the housing requirement shall be rounded up to the nearest whole number, unless the Development Approving Authority accepts cash-in-lieu of housing pursuant to Section 8.19.14, in which case the cash payment may be determined by multiplying the fractional number by the rate established by Council.
8.19.7
In the case of the multiple use of a site, the Development Approving Authority shall calculate the housing required for each individual use and the total shall be deemed to be the required housing for the site, unless the applicant can demonstrate, to the satisfaction of the Development Approving Authority, that there is a complementary use of housing facilities which would warrant a reduction in the housing requirements.
8.19.8
New housing may be provided with or without a kitchen facility at the discretion of the Development Approving Authority, where the development includes a kitchen on the same site, which is intended to serve the residents of the housing.
8.19.9
Housing under this section must be new housing constructed within Banff and be available for occupancy in accordance with the Housing Policy.
8.19.10
At the discretion of the development approving authority, a development permit application for required housing may be made in advance provided it is designated against a commercial development that requires a commercial use development allotment application.
8.19.11
At the discretion of the development approving authority, any required housing constructed pursuant to Section 8.19.10 may be assigned to another commercial development that requires a commercial use development allotment application.
8.19.12
Required housing constructed pursuant to Section 8.19.10 shall not be eligible as required housing after the expiry of the original commercial use development allotment application designated under Section 8.19.10.
8.19.13
Notwithstanding Section 8.19.14, the Development Approving Authority, at its discretion, may accept payment in lieu of required housing at the rate established by Council from time to time.
8.19.14
The Development Approving Authority shall accept cash-in-lieu of housing where the housing requirement results in a fractional number less than 0.5 bedrooms.
[Amended 9.11.2018 Bylaw 421; Amended 9.11.2018 Bylaw 362]
8.20.0 Amenity Area
8.20.1
Where required in a district, a residential development shall include amenity areas in accordance with the district regulations, and as follows:
a. Amenity areas may be provided for individual dwellings or communally and shall be provided with direct or indirect access from the dwellings they are to serve;
b. Amenity areas shall be screened to maintain privacy from adjacent sites and public roadways and from adjacent dwellings when amenity areas are for individual dwellings;
c. Amenity areas may be provided above grade, and located within any required yard; and
d. Neither the width nor the length of any amenity area shall be less than 2.4 m, except that if it is provided above the first storey the minimum dimension shall be 2.0 m.
[Amended 6.14.2021 Bylaw 455]
8.21.0 Building and Premises Separation
8.21.1
Subject to Section 8.21.4, a minimum distance of 100 m shall separate:
a. The boundary line of a parcel containing a provincial health care facility and a premises containing storefront cannabis retail;
b. The boundary line of a parcel containing a school as defined in the School Act and a premises containing storefront cannabis retail; and
c. The boundary line of a parcel designated as school reserve or municipal and school reserve under the Municipal Government Act and a premises containing storefront cannabis retail;
8.21.2
A minimum distance of 100 m shall separate:
a. The boundary line of a parcel containing a day care and a premises containing storefront cannabis retail; and
b. The boundary line of a parcel containing a playground and a premises containing storefront cannabis retail.
8.21.3
A minimum distance of 30 m shall separate a storefront cannabis retail premises and another storefront cannabis retail premises.
8.21.4
No variances under Section 4.7.0 shall be granted in respect of Section 8.21.1 by a Development Approving Authority.
[Amended 6.14.2021 Bylaw 455; Amended 9.11.2018 Bylaw 421]
8.22.0 Outdoor Lighting
8.22.1
The purpose of this section is to establish regulations to facilitate lighting practices and systems which are appropriate for Banff’s unique character and its tourism based economy, safety, security and the visual tasks performed at night while minimizing glare and promoting the reduction of light pollution that interferes with the enjoyment of the night environment.
8.22.2
Outdoor lighting fixtures installed for new structures and the expansion or renovation of existing structures as well as new or replaced lighting fixtures shall meet the requirements of this section.
8.22.3
Outdoor lighting fixtures shall be positioned so that there is no light trespass onto adjacent properties or public rights-of-way so as not to cause glare.
8.22.4
All permanent outdoor light fixtures shall be full cut-off or fully shielded fixtures except as permitted in s. 8.22.9.
8.22.5
All permanent outdoor light fixtures shall yield white or warm white light with a colour rendering index between 70 and 100.
8.22.6
The height of post-mounted fixtures shall not exceed:
a. 4.0 m in a non-residential district.
b. 2.4 m in a residential district, except in any required front yard where post-mounted fixtures shall not exceed 1.4 m.
c. 5.0 m in legally designated parking lots, notwithstanding sections (a) and (b) above.
8.22.7
The maximum number of light sources per lot shall be limited to one light source per one hundred square metres of lot area. Light sources which are not more than 0.5 m above grade and recessed fixtures may be permitted in addition to the total number of permitted outdoor light sources. In the case of multi-family housing developments and hotels, additional light fixtures may be permitted for the illumination of walkways, driveways, and outdoor amenity areas.
8.22.8
The following types of outdoor lighting installations are exempt from this Section:
a. Holiday lighting installed and operating between November 15 and January 31, provided that such lighting does not create a nuisance, dangerous glare on adjacent streets or properties, is operated only between dusk and dawn, and does not constitute a fire hazard.
b. Tree lighting, provided that white or warm-white lighting is used and such lighting is installed and maintained in such a manner to protect the health of trees; and tree lighting on public roadways and sidewalks provided that prior approval from a development approving authority has been granted.
c. Sign illumination, as provided in Section 11.0.0 of the Banff Land Use Bylaw.
d. Light fixtures installed on a public roadway by the Town of Banff or other authorized agency for the benefit of public health, safety, and welfare.
e. Fixtures installed or maintained in conjunction with a Designated Municipal Historic Resource, where such fixtures were in existence prior to designation and where any fixtures containing exposed bulbs are modified to direct light downward.
f. Emergency lighting required in accordance with applicable building and fire codes.
8.22.9
Provided that such lighting does not create dangerous glare on adjacent streets or properties, is operated only between dusk and dawn, does not constitute a fire hazard, and is well-maintained, decorative lighting installations may be permitted at the discretion of the Development Approving Authority including:
a. Lighting for architectural enhancement, including uplighting, where such lighting is used to highlight important architectural elements of a building and where the light distribution from fixtures is effectively contained by an overhanging architectural element.
b. Lighting to enhance landscaping, statues, ice carvings, public art, or other ornamental yard displays.
c. Lighting for architectural enhancement, including strip lighting, where such lighting is used to highlight important architectural elements of a building.
8.22.10
Except as may be permitted elsewhere in this bylaw, the following types of outdoor lighting installations are prohibited:
a. Flashing, intermittent, or scintillating lights visible from a public roadway.
b. Exposed fluorescent, neon or other gas-filled tubing, except as permitted by Section 11.3.3 (i).
c. Bare bulb light fixtures such as flood or spotlights.
d. Strip lighting or any lighting installations intended to outline entire buildings or structures, except as permitted by Section 8.22.8(a), or 8.22.9(c) where a Development Approving Authority has granted permission for such an installation.
e. Mercury vapour, low-pressure sodium and high-pressure sodium lamps, except where permitted in the CR (Railway Lands) District.
f. Lighting installed within or causing illumination upon a public roadway or public property, except where a Development Approving Authority has granted permission for such an installation.