Edmonton Zoning Bylaw 12800

900     Special Areas General Provisions

Charter Bylaw 18673

March 11, 2019

900.1      General Purpose

The purpose of these Provisions is to provide a means to regulate the Use, design and extent of development within specific geographic areas of the City in order to achieve the planning objectives of an Area Structure Plan or Area Redevelopment Plan for those areas with special or unique attributes, which cannot be satisfactorily addressed through conventional land Use zoning.

 

Charter Bylaw 18673

March 11, 2019

900.2      Application

  1. A Special Area can only be established:

  1. if the following conditions are satisfied:

  1. an approved Area Structure Plan or Area Redevelopment Plan states that a Special Area shall be established in order to achieve clearly stated objectives; and

  2. the approved Area Structure Plan or Area Redevelopment Plan explains why conventional zoning or other land Use control techniques, applied through this Bylaw, could not appropriately or adequately deal with the special or unique attributes of the specified geographic area; or

  1. To establish Special Area Edmonton South to apply to lands annexed from Leduc County on January 1, 2019.

  1. Special Areas shall only be applied through an amendment to the Zoning Bylaw and shall include the following:

  1. the applicable Special Area and its boundaries;

  2. a map at an appropriate scale, of the affected location(s) or neighbourhood(s) that indicates the designation, location, and boundaries of:

  1. all conventional Zones, with or without varied regulations, within the Special Area;

  2. all Direct Control Provisions within the Special Area; and

  3. all unique Zones within the Special Area.

  1. detailed text describing the content of:

  1. the General Purpose of the Special Area and its provisions;

  2. all conventional Zones with varied regulations, in the Special Area; and

  3. all unique Zones within the Special Area.

  1. If conventional Zones are to be modified for application within a Special Area, the modified regulations shall be in accordance with subsection 900.4 and shall include a statement of rationale for use in the modified regulations.

  2. If Direct Control Provisions are to be used within a Special Area, such Direct Control Provisions shall be established in accordance with the provisions of Sections 710 and 720 of this Bylaw.

  3. If unique Zones are to be created for use within the Special Area, the section in this Bylaw, establishing the Special Area must:

  1. specify a unique Zone name that shall not be confused with any conventional Zone;

  2. include a statement describing the General Purpose of the unique Zone;

  3. contain Permitted and Discretionary Uses;

  4. contain regulations pertaining to the Permitted and Discretionary Use opportunities; and

  5. contain any additional regulations that may be deemed necessary, pertaining to Discretionary Use opportunities.

  6. All unique Zones created through the provisions of Section 900, for use within a Special Area, are only to be used within a Special Area.

900.3      Permitted and Discretionary Uses

  1. Permitted and Discretionary Uses specified in any conventional Zone, within a Special Area, shall be those of that conventional Zone.

  2. Any unique Zones may specify any Permitted and Discretionary Uses deemed to be in accordance with the approved Area Structure Plan or Area Redevelopment Plan for that area.

  3. Any Direct Control Provision within a Special Area may specify those major or minor developments that shall be considered as Permitted or as Discretionary Uses deemed to be in accordance with the approved Area Structure Plan or Area Redevelopment Plan for that area and in accordance with Section 12 of the Zoning Bylaw.

900.4       Development Regulations

  1. Where the regulations of a conventional Zone are varied, those regulations of the Special Area shall be substituted for the specified regulations of the underlying Zone. Where there appears to be a conflict between the provisions of this Overlay and those of the underlying Zone, the Special Area Provisions shall take precedence and effect.

Bylaw 16859

June 24, 2014

  1. Notwithstanding clause (1), above, the provisions of the Floodplain Protection Overlay shall take precedence over the provisions of any Special Area.

  2. Special Area provisions shall not be used:

  1. to alter Permitted or Discretionary Uses, Floor Area Ratio or Density in any underlying conventional Zone;

  2. where the proposed regulations or changes to the regulations of an underlying conventional Zone:

  1. are significant enough to be inconsistent with the General Purpose of the underlying Zone and the designation of another Zone would be more appropriate;

  2. are not merely related to local planning objectives, but would have sufficient general application to warrant an amendment to the text of the underlying Zone itself; and

  3. are intended to provide such detailed or Site specific discretionary control over the design and siting of development that the use of a Direct Control Provision would be more appropriate.

  1. to allow more than one Single Detached Residential Dwelling on a lot; or

  2. to alter the following regulations of the Zoning Bylaw:

  1. Sections 1 through 6, inclusive;

  2. Section 7, except that new Uses may be added to Section 7 and listed in newly created Zones or Direct Control Provisions within Special Areas;

  3. Sections 11 through 25 inclusive, except that new fees may be established for new Uses and new Zones, with respect to rezonings and Development Permit Applications;

  4. Section 41;

  5. Sections 56 and 57;

  6. Sections 710 and 720;

  7. Section 800; and

  8. Section 900.