Edmonton Zoning Bylaw 12800

Charter Bylaw 18967

August 26, 2019

(deleted Section 823)

823     Medium Scale Residential Infill Overlay

Bylaw 15389

July 19, 2010

Bylaw 15786

July 18, 2011

823.1      General Purpose

The purpose of this Overlay is to accommodate the development of medium-scale infill housing in Edmonton’s mature residential neighbourhoods in a manner that ensures compatibility with adjacent properties while maintaining or enhancing a pedestrian-friendly streetscape.

 

Bylaw 18083

August 28, 2017

Effective Date: September 1, 2017

823.2      Application

The Overlay applies to Sites zoned RF6 and RA7 in the areas shown on the Appendices to this Overlay. Wherever the policies or provisions of a Statutory Plan make reference to the Medium Density Residential Overlay applying to the RF6 or RA7 zones, the regulations contained within this Overlay shall apply.

 

Bylaw 18083

August 28, 2017

Effective Date: September 1, 2017

823.3      Development Regulations for Permitted and Discretionary Uses, Except Stacked Row Housing and Apartment Housing

  1. Development shall comply with the regulations contained in the Mature Neighbourhood Overlay.

  2. Notice of proposed variances shall be provided in accordance with the Mature Neighbourhood Overlay.

823.4      Development Regulations for Stacked Row Housing and Apartment Housing

Bylaw 16733

July 6, 2015

  1. Building form

  1. Principal buildings shall front onto a public roadway, other than a Lane.

Bylaw 16126

June 18, 2012

  1. Notwithstanding the definition of Front Lot Line within this Bylaw, the Front Lot Line of a consolidated parcel shall be deemed to be the historic Front Lot Lines of the consolidated Lots.

Bylaw 16733

July 6, 2015

  1. The minimum Front Setback shall be consistent with the Setback of development on adjacent Sites and with the general context of the block face but shall not be less than 3.0 m.  The principal building shall be located at or within 1.0 m of the average Setback along the block face.  Where the Front Yard abuts an arterial road, the minimum Setback shall be 6.0 m.  Where adjacent commercial buildings abut the property line to form a pedestrian-oriented shopping street, the minimum Setback shall be 3.0 m.  Separation Space as outlined in Section 48 of this Bylaw shall be reduced to accommodate these Setback requirements.  Privacy Zone as outlined in Section 48 of this Bylaw shall be reduced to accommodate these requirements where the sill of a Principal Living Room Window or a Habitable Room Window is at least 1.5 m above Grade.

Charter Bylaw 18381

May 7, 2018

  1. The minimum Side Setback shall be 3.0 m. except as provided in subsection 823.4(1)(e). Where the Side Yard abuts an arterial road, the minimum Side Setback shall be 4.5 m.  Separation Space and Privacy Zone as outlined in Section 48 of this Bylaw shall be reduced to accommodate these Side Setback requirements, except where a Principal Living Room Window faces an interior Side Yard.

Bylaw 16733

July 6, 2015

Bylaw 17062

July 9, 2015

  1. Where any building exceeds 8.6 m in Height, on all Sites abutting a property zoned to allow Single Detached Housing as a Permitted Use or the RF5 Row Housing Zone, the following regulations shall apply along the shared property line:

  1. a minimum Setback of 7.5 m shall be required;

  2. the Development Officer may reduce this Setback to no less than 3.0 m where the proposed façade is a flanking or end wall and where an acceptable landscaped buffer is provided;

  3. there shall be no variance to the 7.5 m Setback where the Site abuts the south property line of a neighbouring Site; and

Bylaw 17062

July 9, 2015

  1. at a maximum Height of 8.6 m the directly adjacent façade shall be stepped or sloped back at a minimum angle of 45 degrees from the vertical plane for a minimum horizontal distance of 2.5 m to optimize access to sunlight, increase privacy and otherwise provide for an appropriate transition to the abutting property, as shown in the following illustration.

Bylaw 16733

July 6, 2015

Bylaw 16733

July 6, 2015

  1. The maximum Height shall not exceed 14.5 m, for flat, mansard and gambrel roofs, or 16.0 m for a roof type with a pitch of 4/12 (18.4 degrees) or greater, in accordance with Section 52.

  2. The total length of any building shall not exceed 48.0m.

  1. Building Design

  1. All ground Storey Apartment Dwellings adjacent to a public roadway other than a Lane shall have a private exterior entrance that fronts onto the roadway. Sliding patio doors shall not serve as this entrance.

  2. The principal entrance of each Stacked Row Housing Dwelling shall front onto a public roadway other than a Lane. Sliding patio doors shall not serve as this entrance.

  3. Architectural treatment of all facades of the building shall create a unified building exterior. The building shall incorporate design elements to reduce the perceived mass and add architectural interest, including but not limited to:

  1. clear articulation of the façade, using a defined pattern of projections and recessions;

  2. the use of a variety of exterior building cladding materials and colours; and

  3. a prominent front entrance for Apartment Housing.

  1. Building components such as windows, doors, trim, columns, balconies, stairs, and roofline features should be in proportion to one another and to the overall mass of the building.

  2. Individual Stacked Row Housing Dwellings shall be defined through the use of a combination of architectural features such as, but not limited to, individual rooflines or roofline features, projection or recession of the façade, individual porches or entrance features, and building materials.

  3. To maximize integration with the surrounding neighbourhood, development should:

  1. be sympathetic to fundamental design elements, proportions, and building materials found within the neighbourhood; and

  2. be constructed with durable, quality materials.

Bylaw 18303

February 26, 2018

  1. Elements of the development and of individual dwellings such as windows, doors, balconies, and Amenity Areas should be sited, oriented and designed to minimize their impact on adjacent dwellings, considering such things as daylight, sunlight, ventilation, quiet, visual privacy, shadowing, views, and noise.

  2. Except as provided in Section 823.3(3)(a), features that span either the first Storey or the first and second Storeys, such as bay windows, porches and entrance features, shall be allowed to project into a Front Yard or Side Yard abutting a flanking roadway to a maximum of 2.0 m, provided that a minimum Setback of 3.0 m is maintained between the property line and the projection. Separation Space shall be reduced to accommodate these projections.

Bylaw 16733

July 6, 2015

Charter Bylaw 18381

May 7, 2018

  1. Where the Basement consists of Non-Habitable Rooms, the portion of the Basement located above ground level shall be concealed through means such as but not limited to extending the Façade treatment or creative Landscaping including planters.

  2. The length of balconies shall not comprise more than 50% of any building facade. Balconies shall be designed as integral components of buildings and shall be recessed or partially recessed.

  1. Landscaping

  1. In addition to the requirements of Section 55 of this Bylaw, the required Landscape Plan shall demonstrate:

Bylaw 17727

August 22, 2016

  1. the use of vertical landscaping features (e.g. hedges, decorative Fences, low walls, shrubs or other plant material) between surface parking areas and ground Storey Apartment Dwellings or ground Storey Stacked Row Housing Dwellings that look onto these areas,

Bylaw 17727

August 22, 2016

  1. entry transitions including features such as steps, decorative Fences, gates, hedges, low walls, and planting beds between the public roadway and Dwellings that front or flank onto the public roadway, and

Bylaw 16733

July 6, 2015

Bylaw 17727

August 22, 2016

Bylaw 18303

February 26, 2018

Charter Bylaw 18381

May 7, 2018

 

  1. clear delineation of all Private Outdoor Amenity Areas and common Amenity Areas at ground level with vertical landscaping features (e.g. hedges, decorative Fences, gates, low walls).

  1. Soil above underground parking facilities shall be of sufficient depth to accommodate required landscaping, including trees, shrubs, flower beds, grass, and ground cover.

  1. Access and Parking

Bylaw 16032

March 12, 2012

  1. Upgrading of public pedestrian Walkway systems, roads, or lanes adjacent to the Site may be required to the satisfaction of the Development Officer and Transportation Services.  Such upgrading shall be incorporated into the Landscape Plan where the public pedestrian Walkway system includes a sidewalk and a landscaped boulevard.  

  2. Vehicular access to parking shall be from the abutting Lane. Where there is no Lane, parking access shall be designed to minimize disruption to the Yard, sidewalk, existing trees, and existing streetscape and where possible, should be provided from the street which has the lowest vehicle volume.

  3. Where the frontage of a Site exceeds 46.0 m, surface parking areas (including stalls and drive aisles) shall not cover more than 15% of the Site.

  4. Any surface parking shall be located at the rear of the building.

823.5      Additional Development Regulations for Specific Areas

Bylaw 17422

November 16, 2015

Effective Date:  December 1, 2015

  1. The following additional regulations shall apply to residential development abutting 109 Street between the north side of 69 Avenue and the east west Lane between 81 Avenue and Whyte Avenue, as shown in Appendix 2 109 St Corridor to this Overlay:

  1. the Front Setback abutting 109 Street shall be a minimum of 3.0 m.

  2. the minimum Side Setback abutting 109 Street shall be 3.0 m;

  3. a pedestrian Walkway system shall be provided along the adjacent portion of 109 Street with the following features:

  1. a sidewalk with a clear walking width of 2.0 m;

  2. a landscaped boulevard 2.0 m wide separating the sidewalk from 109 Street; and

  3. boulevard trees at a 6.0 m spacing.

The pedestrian Walkway system should maintain continuity with the design that has been constructed for other new developments along 109 Street. Utility relocation which may be required to construct the pedestrian Walkway system shall be at the expense of the developer.

  1. The following additional regulation shall apply to residential development within the 'mixed low and medium density residential area’ as defined in the Strathcona Area Redevelopment Plan, and shown in Appendix 3 Mixed Low and Medium Density Residential Area, Strathcona to this Overlay:

Bylaw 16733

July 6, 2015

  1. The maximum Height shall not exceed 11.0 m, in accordance with Section 52.

  2. Any Basement or attic development which contains a Habitable Room shall be deemed a Storey of development.

  3. The following regulations shall apply to residential development within the ’walk up apartment area’ as defined in the Strathcona Area Redevelopment Plan, and shown in Appendix 4 - Walk Up Apartment Area, Strathcona to this Overlay:

  1. The maximum Height shall not exceed 14.5 m for flat, mansard and gambrel roofs, or 16.0 m for a roof type with a pitch of 4/12 (18.4 degrees) or greater, in accordance with Section 52. The front façade of the fourth storey shall be stepped back from the third storey by at least 2.5 m.  In the case of a Corner Lot, this Stepback shall apply to both street facing façades.

Bylaw 18083

August 28, 2017

Effective Date: September 1, 2017

823.6      Proposed Variances

  1. When the Development Officer determines that a Development Permit application for the    construction of new Apartment Housing or new Stacked Row Housing does not comply with the regulations contained in this Overlay:

  1. the Development Officer shall send notice to the Recipient Parties specified in Table 823.6(2) to solicit comments directly related to the variance;

  2. the Development Officer shall not render a decision on the Development Permit application until 21 days after notice has been sent, unless the Development Officer receives feedback from the specified Affected Parties in accordance with Table 823.6(2); and

Bylaw 18305

February 26, 2018

Effective Date: May 1, 2018

  1. the Development Officer shall consider any comments directly related to the proposed variance when determining whether to approve the Development Permit application in accordance with Section 11.3.

Bylaw 18303

February 26, 2018

 

Table 823.6(2)

Tier Number

Recipient Parties:

Affected Parties:

Regulation proposed to be varied

Tier 1

The municipal address and assessed owners of land wholly or partly located within a distance of 60.0 m of the Site of the proposed development and the President of each applicable Community League

The municipal address and assessed owners of land wholly or partly located within a distance of 60.0 m of the Site of the proposed development and the President of each applicable Community League

823.4(1)(a) – Building orientation

823.4(1)(c) – Front setback

823.4(1)(b) – Determination of front lot line

823.4(1)(f) – Height

823.4(1)(g) – Building length

823.4(2) – Building design

823.4(3)(a)(ii) – Landscaping for entry transitions

823.4(4) – Access and parking

823.5 -  Additional Development Regulations for Specific Areas

Tier 2

The municipal address and assessed owners of land Abutting the Site and directly adjacent across a Lane from the Site of the proposed development and the President of each applicable Community League

The municipal address and assessed owners of land Abutting the Site and directly adjacent across a Lane from the Site of the proposed development

823.4(1)(d) – Side setback

823.4(1)(e) – Side Setback abutting a property zoned to allow Single Detached Housing as a Permitted Use or the RF5 Row Housing Zone

823.4(3)(a)(i) – Vertical landscaping features

823.4(3)(a)(iii) – Landscaping to delineate Amenity Areas

823.4(3)(b) – Soil depth

 

 

Bylaw 16733

July 6, 2015

 

Appendix 1 - Medium Scale Residential Infill Overlay

Appendix 2 - 109 Street Corridor

Bylaw 15954

December 12, 2011

Appendix 3 - Mixed Low and Medium Density Residential Area, Strathcona

Appendix 4 - Walk Up Apartment Area, Strathcona