10.0.0
Specific Use Regulations

The Specific Use Regulations shall apply to all development in the Town, unless otherwise exempted in this section. Where these regulations may be in conflict with any District Development Regulations or General Regulations, the Specific Use Regulations shall take precedence.

10.1.0 Home Occupations

10.1.1

All home occupations shall comply with the following:

a. No variation from the residential character and appearance of land or buildings shall be permitted except as an incidental use by a resident of a Dwelling Unit for a business purpose, the scale and intensity of which are limited so that no impacts of the business are observed or felt outside of the Dwelling Unit;

b. No structural change to any building for the purpose of accommodating a home occupation shall be permitted;

c. A home occupation shall not generate any electronic interference, dust, noise, odour, smoke or anything of an offensive or objectionable nature, which is detectable to normal sensory perception, outside the building containing the use;

d. At all times the privacy and enjoyment of adjacent dwellings shall be preserved and the home occupation shall not adversely affect the amenities of the neighbourhood;

e. The home occupation shall not occupy more than 20% of the gross floor area of the Dwelling Unit, or 30.0 square metres, whichever is less, except Family Day Homes and Private Babysitting Facilities where all areas of the principal building or accessory building may be used;

f. The home occupation shall have no more than three (3) business associated vehicle visits per day, where business associated vehicle visits to the use include drop-offs or pick-ups, deliveries, and visits from customers or consultants;

g. The number of home occupations is limited to a maximum of two per dwelling unit; with a combined maximum of three (3) business associated vehicle visits per day and with a combined area of note more than 35% of the gross floor area of the dwelling unit, or 40.0 square metres, whichever is less;

h. The home occupation shall not generate more than two clients to the site from which the occupation is being operated at any given time except Family Day Homes and Private Babysitting Facilities where the number of clients shall be limited to no more than six per day;

i. The home occupation shall not generate any pedestrian or vehicular traffic or parking in excess of that which is characteristic of the neighbourhood within which it is located;

j. No exterior storage of materials, tools, products or equipment or any activities related to the use or operation of the home occupation shall be permitted outside of a building; and

k. No signs advertising home occupations are permitted.

10.1.2

No Home Occupation shall include:

a. animal breeding in excess of two litters per calendar year;

b. dog boarding;

c. public assembly use;

d. dry cleaning and laundries;

e. slaughtering, butchering, smoking of food, or commercial canning of foods;

f. paint, varnish and lacquer application or spray painting shop;

g. primary processing including the processing of building products and firewood;

h. warehousing, specifically including mini-storage;

i. marshalling of vehicles, equipment, and machinery;

j. vehicle wrecking or dismantling of vehicles;

k. barbershops, hairdressers, or beauty salons;

l. recycling depot;

m. recreation facility; or,

n. sale of food and/or beverages for immediate consumption on the premises.

10.1.3

No person other than residents of the principal residence shall be engaged in a home occupation type 1, and only one other person other than residents of the principal residence shall be engaged in a home occupation type 2.

10.1.4

No parking of commercial vehicles on or about the site is allowed for a home occupation type 1. Not more than one commercial vehicle with a gross vehicle weight rating of no more than 3500 kg used in conjunction with the home occupation, shall be parked or maintained on the site of a home occupation type 2.

10.1.5

No retail sales shall be permitted in a home occupation type 1, and a home occupation type 2 shall not involve the sale or display of any goods on the site other than those goods constituting the finished principal product of the home occupation.

10.1.6

A home occupation shall not be permitted, if in the opinion of the Municipal Planning Commission, it would be more appropriately located in a commercial district.

10.1.7

In granting a permit for a home occupation, a Development Approving Authority shall restrict the use to a specified time limit, coinciding with the term of the business licence, but in any case for no longer than 1 year.

[Amended 6.24.2024 Bylaw 482]

10.2.0 Vehicular-Oriented Uses

10.2.1

Vehicular-oriented uses shall include service stations, drive-through vehicle services and such developments providing drive-in services in which patrons generally remain within their vehicles. This does not include drive-in food services which are prohibited by this Bylaw.

10.2.2

Vehicular-oriented uses shall be permitted only when a Development Approving Authority is satisfied that the development will not adversely affect the functioning of surrounding public roadways or adversely impact on adjacent commercial accommodation or residential uses.

10.2.3

The minimum site width for a vehicular-oriented use shall be 30.0 m.

10.2.4

Site area shall be provided as follows:

a. The minimum site area for any development incorporating a vehicular-oriented use shall be 930 m2, and the maximum site coverage shall be 15%.

b. The minimum site area for a service station shall be 1,200 m2 and the maximum site coverage, including pump islands, shall not exceed 20%.

c. The minimum site area for a drive-through vehicle service shall be 140 m2 of site area not covered by buildings for each service bay, except that the minimum site area and coverage for a car wash shall be determined on the basis of 370 m2 of space not covered by buildings for each car wash bay.

d. Where two or more of these uses are part of a mixed use development on the same site, the total site area requirements shall be the sum of the requirements 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 space which would warrant a reduction in site area requirement.

10.2.5

Queuing space shall be provided as follows:

a. For drive-through vehicle services, a minimum of two in-bound and one out-bound queuing spaces shall be provided for each service bay.

b. Each queuing space shall be a minimum of 5.5 m long and 3.0 m wide. Queuing lanes shall provide sufficient space for turning and maneuvering.

10.2.6

Service stations shall adhere to the following:

a. All pump islands shall be located at least 6.0 m from any property line or parking area on the site, or laneways intended to control traffic circulation on the site.

b. A canopy over a pump island shall not extend to within 3.0 m of the property line of the site. The canopy area shall not constitute part of the site coverage for the purpose of this section.

10.3.0 Bed and Breakfast Homes

10.3.1

No person shall use a dwelling, building or site for the purpose of providing bed and breakfast to non-residents for remuneration without a development permit.

10.3.2

Subject to s.10.3.8, bed and breakfast homes shall comply with the following regulations:

a. the regulations of any district within this Bylaw shall apply to the development of a bed and breakfast home in that district;

b. on-site parking shall conform to the regulations of this Bylaw and there shall be no parking of guest vehicles on public roadways;

c. signs shall conform to the regulations of this Bylaw;

d. bed and breakfast homes shall only be located within single detached housing or accessory structures providing that these do not contain a kitchen;

e. a bed and breakfast home shall be operated exclusively by a live-in owner as an accessory use and shall not change the principal residential character, use or external appearance of the dwelling;

f. no commercial accommodation unit shall contain a kitchen;

g. the minimum size of any commercial accommodation unit, exclusive of closets, is 9.0 m2 with no dimension less than 2.4 m;

h. a bed and breakfast home shall provide an outdoor amenity space adjacent to the dwelling that is suitable for the relaxation of guests, which shall have a minimum area of 9 m2;

i. in addition to all commercial accommodation units within the dwelling, a bed and breakfast home shall contain an indoor amenity space suitable for the relaxation of guests, which shall have a minimum area of 9.0 m2;

j. commercial accommodation units located primarily below grade or with limited access to natural light are discouraged;

k. the applicant will provide to the Town of Banff , a floor plan to identify the rooms, which are to be licenced by name, number or physical description and location, and to identify the bedrooms for the exclusive use of the owner;

l. no person shall operate or permit to operate more commercial accommodation units in a Bed and Breakfast establishment or Guest Home than have been authorized by the Development Approving Authority and are shown on the valid licence issued for the establishment;

m. vehicular traffic generated by a bed and breakfast home shall not be in excess of that which is characteristic of the district in which it is located; and

n. subject to s.10.3.8, a bed and breakfast home shall not contain more than four commercial accommodation units.

10.3.3

Subject to s.10.3.8, the number of bed and breakfast homes permitted within each district shall not contribute to exceeding the total combined maximum number of bed and breakfast homes and bed and breakfast inns outlined in Schedule "D" to this Bylaw.

10.3.4

The number of licenced rooms shall be limited to the number of dedicated parking spaces available and the number of bedrooms available. Dedicated parking spaces shall be determined by subtracting the total spaces used by the resident owner’s vehicles from the total number of spaces available. The total number of parking spaces available must be shown on the plan submitted with the application.

10.3.5

In the event that the total combined number of permitted bed and breakfast homes and inns has been reached but not exceeded within a district, and the Town has been notified of a leasehold assignment affecting one of the permitted bed and breakfast homes in the same district, or if a development permit for a bed and breakfast home has been revoked or not renewed, then the Town shall:

a. in the case of the leasehold assignment, cancel the previous owner’s development permit for a bed and breakfast home;

b. advertise that there is available an unallocated development permit for a bed and breakfast home in a particular district; and

c. accept any complete development permit applications received by a specified date for a bed and breakfast home within the district.

10.3.6

If within 14 days of the date of advertising described in s.10.3.5 more than one development permit application is submitted for a bed and breakfast home, the Town shall administer a lottery draw for the purpose of determining which development permit application to consider for approval. In the event that a development permit is refused and the appeal procedure described in s.4.15.0 has been exhausted, then the Town may administer another lottery draw for the purpose of determining which remaining development permit applications to consider for approval.

10.3.7

Within 14 days of receiving an eligible development permit application pursuant to s.10.3.5, the Town shall post a sign on the subject parcel that describes the nature and type of development permit application.

10.3.8

A Development Approving Authority may approve a development permit for a bed and breakfast home that does not conform to this Bylaw only if, in its opinion, a variance to this Bylaw would contribute to the preservation of a recognized ’A’ or ’B’ ranked heritage resource as identified in the Town of Banff Heritage Corporation Inventory.

10.3.9

When deliberating upon and deciding a development permit application for a bed and breakfast home, a Development Approving Authority may take into consideration any comments received from adjacent land owners.

10.3.10

Prior to a development permit for a bed and breakfast home being considered for approval, the Town shall inspect the subject property to determine whether the site conforms to the information provided in the respective development permit application and bed and breakfast regulations of this Bylaw. In addition, an applicant shall arrange to have the subject dwelling inspected to determine compliance with all relevant provincial health and safety regulations.

10.3.11

The Town may inspect a bed and breakfast home for which a development permit has been issued, upon giving at least 24 hours written notice to the owner. To enable compliance checks, the owner will maintain a daily guest registry which will include rooms occupied and vehicle license plate information. If a complaint is received, the owner, upon request from the Town shall provide the daily guest registry for inspection and shall provide license plate numbers of permanent resident vehicles. The Town may request this at any time between the hours of 8:00 a.m. and 8:00 p.m.

10.3.12

Each owner shall be responsible for ensuring that each guest is advised that they must park in the areas designated on the application and not on a public roadway.

10.3.13

A Development Approving Authority shall restrict the use of a bed and breakfast home to a specified time period. Before this time period expires, a new development permit application may be made to continue the use on or before January 31st. A development permit shall not be issued for a period that exceeds two years. In the event that a development permit expires, then a new development permit application is required.

10.3.14

A copy of the valid licence must be posted by the owner in a prominent and visible place in the home at all times and in each licenced room, while licenced.

10.4.0 Bed and Breakfast Inns

10.4.1

Bed and breakfast inns shall comply with the following regulations:

a. the most restrictive regulations of any district within this Bylaw shall apply to the development of a bed and breakfast inn in that district;

b. the operator shall demonstrate to the Development Approving Authority that the bed and breakfast inn was in operation and held a valid business licence from Parks Canada for a period of not less than 5 consecutive years immediately prior to January 2, 1990.

c. up to a maximum of 10 commercial accommodation units may be permitted at the discretion of a Development Approving Authority. In reaching a decision, the Municipal Planning Commission shall consider the number of bedrooms previously licensed by Parks Canada, the quality and size of each bedroom, whether the bedrooms comply with current health and safety codes, and the size and quality of common space and kitchen serving those bedrooms;

d. a maximum of two of the permitted number of commercial accommodation units may be contained in an accessory building, provided that building contains adequate washroom facilities;

e. the number of commercial accommodation units which may contain kitchens shall be determined by the Development Approving Authority, having regard for the number of dwellings including kitchens which would otherwise be permitted in similar developments in that district;

f. bed and breakfast inns shall contain a separate dwelling for a resident owner or manager, commercial accommodation units, common space, and a common kitchen;

g. bed and breakfast inns may serve meals to the guests, but shall not sell meals or alcoholic beverages to non-overnight guests;

h. the minimum area of any commercial accommodation unit, exclusive of closets, is 9.0 m2 with the minimum width or length of room being not less than 2.4 m; and

i. parking and signs shall be in conformance with the regulations of this Bylaw.

10.4.2

All bed and breakfast inns shall be inspected for compliance with this Bylaw, the Alberta Safety Codes Act, and other fire and health regulations prior to a Development Approving Authority making a decision on a development permit, and may be inspected after the issuance of the Permit at any time upon 24 hours notice being given in writing to the permit holder by the Town.

10.4.3

The Municipal Planning Commission may grant a development permit for a specified term but no longer than a maximum period of 5 years, after which time a new application must be made to continue the use.

10.5.0 Storefront Cannabis Retail

10.5.1

No person shall use a dwelling, building, site or part thereof for the purpose of selling or marketing cannabis without a development permit.

10.5.2

In addition to the requirements of Section 4.4.0, within fourteen (14) days after receiving a complete application for storefront cannabis retail, a Development Officer shall publish a notice in a local newspaper stating the proposed location of the premises for a minimum of two (2) consecutive weeks prior to referring the application to the Municipal Planning Commission. Any comments received pertaining to the application shall be forwarded to the Municipal Planning Commission in conjunction with the application.

10.5.3

A storefront cannabis retail premises shall not contain a window facing a sidewalk or lane.

10.5.4

A development permit for storefront cannabis retail shall expire ninety (90) days after cancellation or expiry of a cannabis store licence unless a new cannabis store licence is issued for the same premises, on essentially the same terms and conditions. In the event that a development permit for storefront cannabis retail expires, then the approved use for the premises shall convert to general retail and a new development permit application will be required to change the use back to storefront cannabis retail.