Town of Jasper Land Use Policy

Section 1.01 Title

Section 1.02 Application

Section 1.03 Districts

1. The Town is divided into districts, the boundaries of which are shown on the Land Use district map which is attached as Appendix A to these Policies.

Section 1.04 District Boundaries

1. The boundaries of the Land Use District Map shall be interpreted as follows:
   1. Where a boundary is shown as approximately following a leasehold boundary it follows the leasehold boundary;
   2. Where a boundary is shown as approximately following the Town boundary it follows the Town boundary;
   3. Where a boundary is shown as approximately following leasehold boundaries outside the Town, it follows the leasehold boundary;
   4. Where a boundary is shown as approximately following the edge of a water body, it follows that line. In the event of change, it moves with the edge;
   5. 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
   6. In circumstances not covered above, the boundary shall be determined by measuring the Land Use District Map.

Section 1.05 Uses and Requirements

1. Except as otherwise permitted by these Policies, a development in each district shall be in accordance with the uses listed in the district and all the requirements in these Policies.
2. No development shall be commenced except in accordance with all permits, licenses and authorizations required under the Act, and any other applicable regulations, or policies, thereunder.

Section 1.06 Conflict With Other Policies

1. In the event there is a conflict with the management plan, the management plan shall prevail.
2. In the event there is a conflict with the community plan, the community plan shall prevail.
3. In the event there is a conflict with other policies or guidelines, the most recent shall prevail.

Section 1.07 Non-Conforming Uses and Buildings

1. If a Discretionary Use Permit, development permit, or a building permit has been issued on or before the day on which these Policies, or an amendment thereto, comes into force and the Policies or amendment would make the use or development in respect of which the permit was issued a non-conforming use or a non-conforming building, the permit continues in effect in spite of the coming into force of these Policies.
2. A non-conforming use of land or a non-conforming use of a building may be continued but if that use is discontinued for a period of 6 consecutive months or more, any future use of the land or building shall conform with the provisions of the Policies then in effect.
3. A non-conforming use of part of a building may be extended throughout the building but the building, whether or not it is a non-conforming building, shall not be enlarged or added to and no structural alterations shall be made to it or in it.
4. A non-conforming use of part of a parcel of land may not be extended or transferred in whole or in part to any other part of that parcel and no additional buildings may be constructed on that parcel while the non-conforming use continues.
5. A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or structurally altered except:
   1. to make it a conforming building; and
   2. for routine repair and maintenance of the building.
6. If a non-conforming building is damaged or destroyed to the extent of more than 50% of the value of the building above its foundation, the building shall not be repaired or rebuilt except in accordance with these Policies.
7. A permit issued for a home based business discretionary use shall be terminated should the applicant vacate the property for which the permit was issued.

Section 2.01 Enforcement provisions of the Canada National Parks Act, Section 18, shall be used to deal with infractions of these Policies.

Section 3.01 Rules of Interpretation

1. The written requirements take precedence over any diagrams if there is a perceived conflict.
2. The Land Use District Map takes precedence over any diagram in the district requirements if there is an apparent conflict.
3. 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 which 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.
4. 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, the superintendent 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 a case, the use shall be considered a discretionary use, whether or not the use class is listed as permitted or discretionary within the district.

Section 3.02 Definitions

1. In these Policies,

   A

   “abut or abutting” means immediately contiguous to or physically touching, and when used with respect to a lot or site, means that the lot or site physically shares a property line with another lot or site or lease; (donner sur ou border)

   “accessory building” (except in the case of manufactured homes) means a building naturally or normally incidental, subordinate and exclusively devoted to the primary building which does not accommodate the primary use of a site and which is not attached above grade to a primary building; (dépendance)

   “accessory dwelling unit” means an independent dwelling unit on a site that is associated with a larger principal dwelling unit. This term includes secondary suites, garden suites, and garage suites. Accessory Dwelling Units must not be limited by, nor included in, any density control requirement for a residential district, including for example, number of dwelling units, unless as specified under Section 31.

   “act” means the Canada National Parks Act;

   “allotment period” means a calendar year; (période d’allocation)

   “Ancillary” means a subordinate component, feature or use necessary for the functioning of a building or business; (auxiliaire)

   “annual allotment” means the total commercial floor area allotted each allotment period; (allocation annuelle)

   “antenna” means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception or electromagnetic waves, electronic signals, or similar energy external to the outside walls of any building;

   “Applicant” means a grantee, lessee or licensee of the public lands to be developed and includes an authorized agent of the grantee, or lessee or licencee;

   “architectural motif guidelines” means those guidelines established by the superintendent to define acceptable exterior materials, finishes and colours, building massing and proportions, architectural and other details, and landscaping for new development, redevelopment and any changes made to the exterior of an existing building; (directives en matière de motif architectural)

   “autobody and paint shop” means an establishment for the repair or painting of motor vehicles bodies but does not include facilities for supplying fuel, oil and minor accessories for motor vehicles at retail prices, or for making minor servicing or running repairs essential to the operation of motor vehicles; (atelier de réparation et de peinture de carrosserie)

   “automobile service station” means an establishment for the sale of fuel, lubricating oils, associated automotive fluids and service and repair facility, and may also include accessory uses such as the sale of automotive parts, a towing service and a convenience retail store; (station-service)

   “Awning” means a retractable roof-like covering of canvas or similar fabric material that projects outwards from a building, being supported entirely from the exterior wall of a building; (auvent)

   B

   “barrier free” means that a building, facilities and a path of travel can be approached, entered, and used by persons with physical or sensory disabilities, including using mobility equipment; (accessible)

   “basement” means a storey or storeys of a building located below the first storey; (sous-sol)

   “bedroom” means any room in a dwelling, which due to its design, location in the dwelling, and compliance with relevant building and health codes is or may be used primarily for sleeping; (chambre à coucher)

   “building” means any structure or facility constructed or placed on, in, over or under land or water but does not include a public road or a bridge forming part of a highway or public road;

   “building height” means the overall height of a building measured from grade to the highest point of the roof, excluding chimneys, weathervanes, antennae and other similar projections; (hauteur de bâtiment)

   “building permit” means document that is issued by the superintendent or their delegate under this Policy and authorizes the construction of a building;

   “built heritage resource” means a building or bridge that is listed in the community or park built heritage resource description and analysis and is considered to be of heritage value by Parks Canada;

   “built heritage resource description and analysis” means a listing, description and analysis of built heritage resources prepared by or in conjunction with Parks Canada;

   “business support service” 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; (services d’aide aux entreprises)

   C

   “canopy” means a fixed shelter which extends from the face of a building but which does not include normal architectural features such as lintels, sills, mouldings, architraves and pediments; (marquise)

   “carport” means a structure designed to provide a roofed protection for a vehicle that is open on at least two sides (abri pour voiture)

   “carwash” means a facility for the washing of motor vehicles; (lave-auto)

   “chief executive officer” means the chief executive officer for the Parks Canada Agency as identified in the Parks Canada Agency Act and includes any person authorized to act for or in the name of the chief executive officer;

   “child care facility” means the use of a building or portion thereof to provide daytime supervision, personal care and education to children, but does not include overnight accommodation. Typical uses include daycare centres, day nurseries, day homes, kindergartens, nursery schools, and play schools. Home babysitting of three or fewer children is not included; (etablissement de soin d’enfants)

   “clearance” means the distance an object, such as a canopy, clears another object or the clear space between the ground or floor and the lowest edge of a canopy, awning, or ceiling; (dégagement)

   “commercial accommodation” means a lodge, inn, motel, hotel, or other establishment which includes commercial accommodation units. It does not include private home accommodation; (logement commercial)

   “commercial accommodation unit” means a hotel or motel which includes a room or suite of rooms containing at least one bed in accommodations normally rented on a short term basis for the accommodation of the public; (chambre)

   “commercial district” means all of the C1, C2, C3, C4, C5 and Block S Districts;

   “commercial floor area” means the total floor area of all levels of a commercial building or structure, contained within the outside of the exterior and basement walls or glazing line or windows, but excluding enclosed or open parking areas, garbage and loading rooms, floor areas devoted exclusively to mechanical or electrical equipment servicing the development, and staff housing; (surface de plancher commerciale)

   “commercial floor area allotment” means commercial floor area allotted to a specific commercial development project under Section 8 of this Policy; (allocation de superficies commerciales)

   “commercial use” means an occupation, employment or enterprise that is carried on for profit by the owner, lessee, or licensee; (usage commerciale)

   “committee” means the Planning Development and Advisory Committee appointed by the superintendent; (comité)

   "community kitchen” means a non-commercial facility designed for storage, preparation or cooking of food, where municipally-led community groups, registered not for profit groups, and home based businesses share resources for cooking and food-related activities, with each entity not exceeding 30 hours of use per week, averaged monthly.

   “community recreational facility” means a building or site used for the purpose of active recreation or athletic activities where patrons are predominantly participants and any spectators are incidental. This includes but is not limited to skating and hockey rinks, curling rinks, swimming pools, sports fields, bowling alleys and racquet courts and includes necessary accessory uses such as cafeterias, pro-shop and amusement establishments exclusively servicing the users of the facility as well as special events; (centre de loisirs)

   “construction” means the erection or placing of a building on, in, under or over land;

   “corner cut” means that portion of a corner site or of a corner lot bounded by a line extending from a specified point on the front lot line to a specified point on the side lot line abutting a public roadway, and those portions of the front lot line and side lot line abutting the public roadway, upon which no development which a height of more than 750 mm above grade may occur;

   “council” means the Jasper Municipal Council; (conseil)

   D

   “deck” means an unenclosed roofless structure adjoining a building; (terrasse)

   “density” means a measure of the intensity of development to the area of a site, the number of units on a site in units per hectare, or floor area ratio; (densité)

   “Design Guidelines for New Development in Old Town Jasper” means those guidelines established by the superintendent to define acceptable exterior materials, finishes and colours, building massing and proportions, architectural and other details, and landscaping for new development, in Old Town Jasper; (Directives de conception relatives aux nouveaux aménagements dans le centre historique de Jasper)

   “development” means:

   1. the placement, alteration or removal of utilities, telecommunication facilities or a building;
   2. an excavation or a stockpile;
   3. the erection of a temporary physical facility and structure or testing facility;
   4. a building, or an addition to, or replacement of, or major repair or renovation to a building, and the construction or placing of any of them in, on, over or under land;
   5. the exterior repainting or refinishing of a building to a different colour or finish;
   6. the relocation, removal or demolition of a building;
   7. a change of use of land or a building or an act done in relation to land or a building that would result in a change in the use of the land or building;
   8. a change in the intensity of use of land or a building or an act done in relation to land or a
      building that would result in a change in the intensity of use of the land or building;
   9. the construction of trails or associated activities; or
   10. landscaping, including terrain manipulation;

   “development authority” means the development officer or the superintendent or their delegate;

   “development officer” means an officer of Parks Canada authorized by the Superintendent to issue development permits, building permits, and occupancy permits;

   “development permit” means a document issued under this Policy that permits a specific development and includes, where applicable, a plan or drawings, specification or other documents;

   “director general” means an officer so appointed under the Parks Canada Agency Act for Western Canada and includes any person appointed under that Act who is authorized by such an officer to act on the officer's behalf; (directeur général)

   “discretionary use” means a use of land or building that while not expressly permitted by a lease, licence or land grant, management plan, community plan, or land use policy, but is, in the opinion of the superintendent, generally consistent with those instruments, policy, regulations, and legislation;

   “discretionary use permit” means a document issued by the superintendent or their delegate under this Policy that authorizes a discretionary use which may include a written letter of decision, a plan or drawings, specifications, or other documents as applicable;

   “district” means an area of the Town of Jasper designated as a district pursuant to these Policies; (zone)

   “drinking establishment” means an establishment, licensed by the Province of Alberta, in which alcoholic beverages are served for consumption on the premises, and any preparation or serving of food is accessory thereto, and includes a bar, a pub and a licensed lounge that is ancillary to a restaurant; (débit de boissons)

   “dwelling” means a building designed and used for human habitation and includes the following:

   1. “apartment housing” means a dwelling contained within a building in which the dwelling unit or dwelling units are arranged in any horizontal or vertical configuration which does not conform to the definition of any other residential use class. Typical uses include units located in lofts and dwelling units located above first storey commercial uses but does not include apartment buildings; (logement accessaire)
   2. “apartment building” means a single building comprised of three or more dwelling units not including secondary suites with shared entrance facilities, where none of the dwelling units are rented or available for rent or occupation for periods less than 30 days; (immeuble collectif)
   3. “multi-unit dwelling” means a single building designed to contain three or more dwelling units not including secondary suites where none of the dwelling units are rented or available for rent or occupation for periods of less than 30 days; (habitation multifamiliale)
   4. “one-unit dwelling” means a detached building containing only one primary dwelling unit and does not include a manufactured home; (habitation unifamiliale)
   5. “primary dwelling” unit means the principal dwelling on a site, and, if the site has an accessory dwelling unit, the dwelling unit to which an accessory dwelling unit is associated;
   6. “principal dwelling” means a dwelling that is the main use of the site; (habitation principale)
   7. “row-house” means a building containing a row of more than two primary dwelling units joined in whole or in part at the side only with no dwelling unit being placed over another in whole or in part where none of the dwelling units are rented or available for rent or occupation for periods of less than 30 days. Each dwelling unit shall have separate individual and direct access to grade; (maison de rangée)
   8. “two-unit dwelling” means a single building containing two primary dwelling units, each having a separate entrance; (habitation bifamiliale) but does not include a hotel, a motel or a hostel; (habitation)

   “dwelling unit” means two or more rooms connected as a separate unit in the same structure and constituting an independent unit for residential occupancy with facilities to sleep, cook and eat and with its own sanitary facilities; (logement)

   E

   “eating establishment” means an establishment for the sale to the public of prepared foods for consumption within the premises or off the site. This includes restaurants, cafés, delicatessens, tea rooms, lunch rooms, and take-out restaurants; (établissement de restauration)

   “eave line” means the line formed by the intersection of the wall and roof of a building; (ligne d;avant-toit)

   “eligible resident” has the same meaning as set forth in the Canada National Parks Act and the National Parks Lease and Licence of Occupation Regulations (1991), as they may be amended, revised, consolidated or substituted from time to time; (résident admissible)

   “enclosed space” means a space which has a roof or building over it and which has less than 50% of its perimeter open to the outside; (espace fermé)

   “entertainment establishment” means a facility where entertainment is provided to the public, either exclusively or in combination with other activities and may, without restricting the generality of the foregoing, include a night club, live theatre, or cinema, or a dance floor within a bar or pub. Entertainment establishments do not include a drinking or an eating establishment by definition. Neither do drinking or eating establishments include an entertainment establishment by definition. If there is a proposal to develop an entertainment establishment within a drinking or an eating establishment, such as an area where a band or a performer or a disk jockey may play music and/or an area where patrons may dance, it shall be considered as a separate development from the eating or drinking establishment and required a separate development permit; (établissement de divertissement)

   “equipment rental” means the rental of tools, appliances, sports equipment, bicycles, recreation craft, office machines, furniture, light construction equipment, or similar items. This does not include the rental of motor vehicles or heavy industrial equipment; (location d’equipement)

   “existing grade” means the actual geodetic elevation of any point on a site representing the existing topographical elevation prior to development; (niveau du sol existant)

   F

   “fence” means a vertical physical barrier constructed to provide visual screening or to prevent unauthorized access; (clôture)

   “finished grade” means the actual geodetic elevation of any point on a site representing the final as built elevation; (niveau du sol final)

   “first storey” means the uppermost storey having its floor level not more than 2 m above grade; (rez-de- chaussée)

   “floor area ratio or F.A.R.” means the quotient of the gross floor area of a building divided by the site area; (rapport plancher-sol)

   G

   “garage” means a building or part of a principal dwelling designed to be used for the shelter or temporary storage of vehicles of the occupants of the principal dwelling; (garage)

   “garage suite” means a self-contained dwelling unit on the same site as a Primary Dwelling that is located above a detached Garage and has its own kitchen, sleeping, and bathroom facilities;

   “garden suite” means means a self-contained dwelling unit on the same site as a Primary Dwelling that is subordinate to and physically separate from its Primary Dwelling.

   “government services” means municipal, provincial or federal government services provided directly to the public. This does not include protective and emergency services, utility services, and public education services. Typical uses include general administrative office, courthouses, post offices, employment offices, public washrooms, or social services; (services gouvernementaux)

   “grade” means

   1. with reference to the determination of building height, the average elevation of the corners of the front property line; or
   2. with reference to a street or lane, the finished level of that street or lane; (niveau du sol)

   “gross floor area” means the total floor area of all levels of a building or structure with a clear ceiling height of 1.8 metres or more, contained within the outside of the exterior and basement walls or glazing line or windows and including covered porches, but excluding enclosed or open parking areas, garbage and loading rooms, and floor areas devoted exclusively to mechanical or electrical equipment servicing the development; (surface de plancher brute)

   H

   “ha” means hectares;

   “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; (pièce habitable)

   “health services” means the provision of physical and mental health services on an out-patient basis. Services may be of a preventive, diagnostic, treatment, therapeutic, rehabilitative or counselling nature. Typical uses include medical and dental offices, laboratories, chiropractors, health clinics and counselling services; (services de santé)

   “home based business” means the secondary use of a residential dwelling for an occupation, office, trade, craft, or private home accommodation, for gain or support, conducted by a permittee who occupies the dwelling as a principle residence; (occupation à domicile)

   “hostel” means the provision of short term commercial accommodation units, operated by a provincial, national or international not-for-profit organization, intended for travellers at rates less than the typical commercial accommodation units; (auberge)

   “hotel” means the provision of rooms or suites for temporary sleeping accommodation, where access to the units is from a common entranceway. Hotels may include the following accessory uses including eating and drinking establishments, meeting rooms, spectator entertainment establishments, indoor participant recreation services, gift shops, convenience retail stores, personal services, and staff housing when on the same site; (hotel) 

   “household repair services” means the provision of repair services to goods, equipment and appliances normally found within the home. This includes radio, television and appliance repair shops, furniture refinishing and upholstery shops. This does not include personal service shops; (services de réparation domestique)

   I

   “institutional” means uses which includes government services, health services, hospitals, protective and emergency services, public education services, public libraries, and cultural exhibits, public buildings, churches, and research and interpretive facilities; (institutional)

   J

   K

   “kennel services” means any premises in which animals which normally live indoors are maintained, boarded, trained, cared for, bred, or raised in return for remuneration; (chenil)

   “kitchen” means facilities designed for the storage, preparation or cooking of food, and includes any room containing counters, cabinets, plumbing, or electrical wiring which, in the opinion of the superintendent, may be intended for the preparation or cooking of food; (cuisine)

   L

   “landscaping” means the modification and enhancement of a site through the use of any or all of the following elements:

   1. soft landscaping consisting of vegetation such as trees, shrubs, hedges, grass and ground cover; mulch; or, stone or rocks interspersed with plantings; and/or
   2. hard landscaping consisting of non-vegetative materials such as brick, flagstones or pavers, concrete, tile, and gravel, excluding monolithic concrete and asphalt used for parking;

   “lane” means a public roadway no more than 9.0 metres in width intended chiefly to give access to the rear of buildings, lots, sites, and associated parking; (ruelle).

   “living room” means the principle habitable room in a dwelling, not being a dining room, sleeping room, library, den, sewing room, or sunroom; (vivoir)

   “loading space” means a space,

   1. on the same lot with a building or contiguous to a group of buildings;
   2. intended for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials; and
   3. that abuts upon a street, lane or other means of access; (espace de chargement)

   “lot” means a parcel of land abutting on a street as shown on a plan of a subdivision or by license of occupation; (lot)

   1. “lot, corner” means a lot situated at the intersection of two or more streets, or on a single street that curves such that the arc of the inside boundary of the road is less than 45 m in radius over an angle of more than one hundred and thirty-five degrees at the subject lot; (lot d’angle)
   2. “lot, interior” means a lot other than a corner lot; (lot intérieur)

   “lot width” means the width of a lot where it abuts a street except in the case of an irregularly shaped lot, when it means the average distance between the side property lines of the lot; (largeur d’un lot)

   M

   “m” means metres; (m)

   “mm” means millimetres; (mm)

   “maintenance” means the upkeep of the physical form of any building which does not required a permit pursuant to either the National Building Code or the National Fire Code, will including painting, replacing flooring, and replacing roofing materials, but will not include any activity that will increase the habitable floor area of any dwelling unit or the internal volume of any building, or any activity that will change the exterior of a building to a different colour or finish;

   “major renovation” means a change to a building, whether structural or not, that would require a permit pursuant to either the National Building Code or the National Fire Code;

   “management plan” means the Jasper National Park Management Plan which has been tabled by the Minister in each House of Parliament pursuant to Section 11 of the Act;

   “manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling  and includes the plumbing heating, air conditioning, and electrical systems contained therein;

   “manufacturing services” means the assembly, making, preparing, inspecting, finishing, treating, altering, repairing, warehousing or storing or adapting for sale of any goods, substance, article, thing or service which is for local consumption only; (services de fabrication)

   “may” is used in the sense of permissive and allows discretion; (peut)

   “medical treatment services” means any institution, building or other premises or place established for the maintenance, observation, medical and dental care and supervision and skilled nursing care of persons afflicted with or suffering from sickness, disease or injury or for the convalescent or chronically ill persons; (centre de soins méaux)

   “meeting room” means part of a building in which facilities are provided for such purposes as meeting for groups of civic, education, political, religious or social purposes; (salle de réunion)

   “minor renovation” means a change to a building that would not require a permit pursuant to either the National Building code or the National Fire Code;

   “motel” means the provision of commercial accommodation units, where access to the units is directly from grade, either at grade or via stairways. Motels may include the following accessory uses including eating and drinking establishments, meeting rooms, spectator entertainment establishments, indoor participant recreation services, gift shops, convenience retail stores, personal services, and staff housing when on the same site;

   “Municipality of Jasper” means the Municipality of Jasper as defined in the Jasper Local Government Agreement; (Municipalité de Jasper)

   N

   “N/A” means not applicable, item does not apply to this subject; (s.o.)

   “National Building Code” means the National Building Code of Canada (1995), as amended or revised and in effect at the time of application for a building permit;

   “National Energy Code” means the National Energy Code of Canada (1997), as amended or revised and in effect at the time of application for a building permit; National Fire Code@ means the National Fire Code of Canada (1995) as amended or revised and in effect at the time of application for a building permit;

   “new commercial floor area” means commercial floor area constructed after September 02,2003; (superficie commerciale supplémentaire)

   “non-conforming building” means a building lawfully constructed or being constructed at the date a management plan, community plan, land use policy or other development criteria become effective which does not or will not comply with the plan, policy or criteria;

   “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 a management plan, community plan, land use policies or other development criteria become effective which does not comply with the plan, policy or criteria;

   “nuisance” means anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses; (nuisance)

   O

   “occupancy permit” means a document issued by the superintendent or their delegate under this Policy that authorizes the use or occupancy of a building once all development and building conditions have been met;

   “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 the superintendent may be or may become hazardous or injurious as regards health or safety, or which unduly affects the amenities of the neighbourhood, or interferes with or may interfere with the normal enjoyment of any land, building or structure; (offensant ou inadmissible)

   “off-street parking facilities” means a portion of land or of a building set aside for the parking and manoeuvring of motor vehicles; (place de stationnement hors de la voie publique)

   “one-half storey” (1/2 storey) means a storey under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite walls, are not more than 600 mm above the floor of such storey. The maximum floor area for a half storey shall be no more than 50% of the floor area of the floor below and located above the eave line; (demi-étage) 

   “outdoor recreational services” means an outdoor place designed and equipped for the conduct of sports, leisure time activities and other customary and usual outdoor recreation activities; (services de loisirs enplein air)

   “owner” means a person who is the lessee or grantee of Crown land and that person's successors and assigns, or agents of the foregoing; (propriétaire)

   P

   “parking stall” means a space either within a building or on a lot or public parking area, intended for the temporary parking or storage of one automobile, and surfaced with durable exterior roadway materials, such as asphalt, concrete, gravel or paving stones and with adequate provision for the ingress and egress of an automobile; (place de stationnement)

   “permitted use” means a use of land or building that is expressly permitted by these Land Use policies, for which a development permit shall be issued if the development complies in all respects with the Land Use policy in effect;

   “personal services” 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; (services personnels)

   “playground” means an area set aside as a public playground for the use of children; (terrain de jeu)

   “Policy” means this or any policy made under the Canada National Parks Act;

   “porch” means a covered entrance of a building, often enclosed

   “primary access” means the principal means of vehicular entry to and exit from a lot, site or building; (accès principal)

   “primary entrance” means the principal means of entry to and exit from a building, or dwelling unit; (entrèe prinipale)

   “primary building” means a principal or main building which: occupies the major or central portion of a lot; is the chief or main building on a lot, or; constitutes, by reason of its use, the primary purpose for which the lot is used; (bâtiment principal)

   “private clubs and organizations” means development used for the meeting, social or recreational activities of members of a non-profit philanthropic, social service, athletic, business or fraternal organization, without on-site residences. Private clubs may include rooms for eating, drinking, and assembly; (clubs et organismes privés)

   “private home accommodation” means a Home Based Business which provides commercial visitor accommodation on a per night basis; (gîte touristique)

   “private home accommodation area” means the gross floor area within the dwelling attributed to the use of the Private Home Accommodation which may include, but not limited to, any bedrooms, bathrooms, hallways, entrances or hallways, sitting rooms, storage areas, or other spaces.

   “professional, financial and office support services” means the provision of professional, management, administrative, consulting, and financial services, but does not include health services or government services. Typical uses include the office of lawyers, accountants, engineers, planners, and architects; office for real estate and insurance firms; clerical, secretarial, employment, telephone answering, and similar office support services; and banks, credit unions, loan offices, and similar financial uses; (services professionnels, financiers et de bureau)

   “property line” means a legal boundary of a lot, parcel or site, and is the same as lot line; (limite de propriété ou ligne de propriété)

   1. “property line, front” means:
      1. in the case of an interior lot, the boundary line of the lot separating the lot from the street, and
      2. in the case of a corner lot
         1. with equal frontage, the front boundary line of the lot as designated by the superintendent, and
         2. with unequal frontage, the boundary line of the lot separating the narrowest street frontage of the lot from the street; (limite avant d’un lot)
   2. “property line, rear” 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; (limite arriere d’un lot)
   3. “property line, side” means any property line of a lot other than a front lot line or a rear lot line; (limite latérale d'un lot)

   “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, ambulances and ancillary training facilities; (services de protection et d’intervention d’urgence)

   “provincial safety codes officer” means a person holding certification pursuant to the Alberta Safety Codes Act;

   “public” means when used as an adjective, any facility, structure, or institution established by government or by a company operating pursuant to public utility legislation; (public)

   “public assembly” means a use which includes recreational facilities, child care facilities, religious assemblies, community recreational services, private clubs and organizations, public libraries and cultural exhibits, and research and interpretive facilities; (etablissment de réunion)

   “public education services” means development which is publicly supported or subsidized involving public assembly for educational, training or instruction purposes, and includes administration offices; (services public d’enseignement)

   “public libraries and cultural exhibits” 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. It also may include accessory gift shops and eating and drinking establishments provided the total area utilized for the accessory use is no more that 10% of the gross floor area; (bibliotheque publique et centre d’exposition)

   “public park” means public land specifically designed or reserved for the general public for active or passive recreational use and includes all natural and man-made landscaping, facilities, buildings, and other structures that are consistent with the general purposes of public parkland, whether or not such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements with the public authority owning the park. Typical uses include tot lots, band shells, picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds, and water features; (parc public)

   “public parking area” means a structure or an open area, other than a street, used for the temporary parking of more than four automobiles and available for public use; (terrain de stationnement public)

   “public roadway” means a thoroughfare, street, trail, lane, avenue, parkway, driveway, highway, road, viaduct, alley, bridge, trestle way, or other public right of way which is ordinarily used for

   vehicular traffic, parking and pedestrians. This includes sidewalks, curbs, boulevards, ditches, and traffic lanes; (voie publique)

   Q

   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, staff housing and terminals. This use includes only those storage uses directly related to railway operations; (services ferroviaires)

   “real property report” means a legal survey performed by a Dominion Land Surveyor to determine building locations, side yards, roof overhangs, surface improvements, accessory buildings, fences, decks, and all legal survey evidence;

   “recreational vehicle” means a portable structure designed and built to be carried on a vehicle or a unit designed and built to be transported on its own wheels to provide temporary living accommodation for travel and recreational purposes and includes such vehicles as a motor home, a camper, a travel trailer, a tent trailer, and a boat but does not include a prefabricated, modular or manufactured home; (véhicule de loisir)

   “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 a fence, an enclosed building, or a structure. This does not include auto wreckers, vehicle salvage, or storage operations; (centre de recyclage)

   “religious assembly” means a building available for the purpose of assembly and worship and may include as accessory uses social, recreational and community activities such as group meetings, banquets, child care, and religious education; (lieu de culte)

   “repair” means a replacement of a damaged or missing part of a building that would not require a permit pursuant to either the National Building Code or the National Fire Code;

   “residential district” means all of the R1, R2, R2H, R3a, R3b, R4, CCWa, CCWb, and CCWc Districts;

   “resident-oriented services” means services provided for park residents and generally not provided for park visitors; (services aux résidents)

   “retail store” means the retail sale or rental of goods such as groceries, bakery, beverages, liquor store, household goods, clothing, jewellery, furniture and appliances, videos ,hardware, printed matter, confectionary, arts and crafts , gifts and souvenirs, tobacco, pharmaceutical and personal care items, automotive parts and accessories, office equipment, stationary and similar goods from within an enclosed building. Minor public services, such as postal services and film processing depots are permitted within retail stores; (magasin de dètail)

   “ridge line” means the uppermost point of a building; (ligne de faîtage)

   S

   “screening” means the total or partial concealment of a building, structure or activity by a fence, wall, berm or soft landscaping; (ècran)

   “secondary suite” means a second self-contained dwelling located within a structure in a primary dwelling unit that has its own kitchen, sleeping, and bathroom facilities. 

   “setback” means the required minimum horizontal distance that a development or a specified portion of it, must be set back from the property line; (marge de recul)

   1. “setback, front yard” means the required horizontal distance that a development or a specified portion of it, must be set back from the front property line; (marge de recul avant )
   2. “setback, rear yard” means the required horizontal distance that a development or a specified portion of it, must be set back from the rear property line. If there is no rear property line, such as a triangular or irregular site, the required horizontal distance from the rear most point, in a line, parallel to the front property line; (marge de recul arrière )
   3. “setback, side yard” means the required minimum horizontal distance that a development or a specified portion of it, must be set back from the side property line; (marge de recul latérale)

   “shall” is an operative word that means mandatory compliance with these Policies and confers no discretion, except where a variance may be granted; (doit)

   “sign” means any visual medium, including its structure and other component part, illuminated or not illuminated, which is used or capable of being used, to identify or convey information, or to advertise or attract attention to a product, service, place, activity, person, institution or business. Without limiting the generality of the foregoing, signs shall include banners, fixtures, representations, emblems, placards, painted messages, and other devices. Signs painted on or attached to a motor vehicle or trailer intended for use on a public roadway may be considered signs or portable signs when in the opinion of the superintendent, they are located or parked to function primarily as advertising; (doit enseigne)

   1. “sign, canopy/awning” means any sign facing a public roadway that is painted on or fixed to the surface of an awning, canopy or other similar feature; (enseigne d’auvent/marquis)
   2. “sign, community notice board” means a fixed sign used to display non-profit community, administrative, and educational material, events, or notices; (panneau d’affichage communautaire)
   3. “sign, fixed” means a sign set on a solid base of stone or concrete; (enseigne fixe)
   4. “sign, free standing” means any sign supported by structures or supports independently of a building or other structure and permanently fixed on or to the ground; (enseigne autoportante)
   5. “sign, hanging” means any sign perpendicular to a building face that is suspended entirely underneath an awning, canopy, or other similar feature; (enseigne suspendue)
   6. “sign, pole-mounted” means a sign that is mounted on a free-standing pole or other support so that the bottom edge of the sign face is 1.8 m above ground; (enseigne sur poteau)
   7. “sign, portable” means any 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 roadway unless said vehicles are used in the normal day-to-day operations of that business; (enseigne portable)
   8. “sign, private home accommodation identifier” means a sign issued by the superintendent indicating a licensed private home accommodation; (enseigne d’intification de gîte touristique)
   9. “sign, projecting” means any sign, except awnings, which is supported by an exterior building wall and projects outward from the building by more than 200 mm. This does not include awning signs or hanging signs; (enseigne en saille)
   10. “sign, temporary” means a sign which is not permanently anchored to a footing extending below grade; or permanently affixed to, or painted on, a building; and on which the copy has been painted or affixed in a permanent manner. Temporary signs include such signs as notice of development application and decisions, political campaign signs, real estate signs, construction identification signs, signs advertising specific community events, and signs providing temporary identification of developments awaiting installation of a permanent sign. For the purpose of these Policies, temporary signs shall not include portable signs; (ensuigne temporaire)
   11. “sign, wall” means any sign attached to a wall of a building in such a manner that its leading edge is 200 mm or less from the supporting wall. This may include menus for eating or drinking establishments displayed outside the establishments in protective boxes or cases, referred to in this Policy as menu boxes, and directory signs, attached as wall signs, which identify businesses within a building to which the directory sign is attached; (enseigne mural)
   12. “sign, window” means any sign which is attached in any manner to a window pane or glass or located within 300 mm of the inside of a window pane or glass and which is visible from a public roadway; (enseigne de fenêtre)

   “sign area” means the total surface within the outer edge of a frame or border of the sign or where no frame or border is proposed, the area within the smallest rectangle surrounding the letters, symbols or objects composing the sign. Only one side of a double sided sign shall be used for the purposes of calculating the total sign area; (superficie d’enseigne)

   “site” means an area of land on which a building or use exists, or which is vacant, for which an application for a development permit is made. A site may be one lot or several lots as shown on a plan of subdivision or by a licence of occupation; (emplacement)

   1. “site, corner” means a site situated at the intersection of two or more streets, or on a single street that curves such that the arc of the inside boundary of the road is less than 45 m in radius over an angle of more than one hundred and thirty-five degrees at the subject lot; (emplacement d’angle)
   2. “site, interior” means a site other than a corner site; (emplacement intérieur)

   “site area” means the total horizontal area of a site; (superficie d’emplacement)

   “site coverage” means that percentage of the site covered by or beneath all buildings or structures on a site which are 1.0 m or more in height, including accessory buildings or structures. Site coverage does not include projections permitted by these Policies, driveways, surface parking areas, unenclosed courtyards, terraces and patios; (surface construite)

   “small-lot development” means a single building designed to contain no more than 6 dwelling units on a standard sized lot where none of the dwelling units are rented or available for rent or occupation for periods of less than 30 days;

   “special needs housing” means any multi-unit dwelling constructed for:

   1. persons 65 years of age or over, or a person younger than 65 years who is married to, and living with, a person of 65 years of age or over, or a person of such other age who is eligible for senior citizens' housing in compliance with the Provincial Senior Citizens Housing Act; and
   2. persons who are in need of barrier free access or who may be visually, intellectually or physically challenged; (habitation adaptée)

   “spectator entertainment establishment” means any premises where entertainment is offered for gain or profit such as a motion picture or other theatre; (salle de spectacles)

   “staff accommodation” means a separate building or part of a building consisting of one or more dwelling units operated for the sole purpose of housing employees for business operations located within Jasper National Park of Canada and may contain private or semi-private sleeping units with washing and sanitary facilities and common social and kitchen-cafeteria areas; (logement du personnel)

   “storage area” 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, and which is not accessible to the public. This excludes the repair or rental of equipment, offices, and other accessory uses; (aire de stockage)

   “storey” means that portion of a building with a clear ceiling height of 1.8 m or more which is situated between the top of any floor and the top of the floor next above it. If there is no floor above, the storey is the portion of the building which is situated between the top of any floor and the ceiling above it;

   “street” means a public roadway or right-of-way on which motorized vehicles are normally allowed to operate, but does not include a lane;

   “superintendent” means an officer appointed under the Parks Canada Agency Act who holds the office of superintendent of a park or of a national historic site of Canada to which these Policies apply, and includes any person appointed under the Act who is authorized by such an officer to act on the officer’s behalf;

   T

   “Town of Jasper” means the area in Jasper National Park shown on Schedule 4 of the Act; (périmètre urbain de Jasper)

   “trade services” means work performed by tradesmen requiring manual or mechanical skills and may include a carpenter’s shop, a locksmith’s shop, a commercial welder’s shop, or similar uses; (services techniques)

   “transparent fencing” means lattice work, wrought iron work, or otherwise visually transparent fencing excluding chain link, rope, and barb wire; (clôture transparente)

   “transportation services” means the use of land, or building, or structure for loading and

   unloading freight and passengers on and off trains or busses including ticket offices, luggage checking facilities, and similar uses; (services de transport)

   U

   “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. Use may include development; (usage)

   1. “use, discretionary” means a use listed as a discretionary use in these regulations; (usage discrétionnaire)
   2. “use, permitted” means a use listed as a permitted use in these Policies; (usage permis)

   “utility services” means a system or works used to provide one or more of the following for public consumption, benefit, convenience or use: water, steam, sewage disposal, drainage, fuel, electric power, heat waste management, telecommunications, television and radio broadcasts and internet access; and includes anything that is provided for public consumption, benefit, convenience or use; (Services d’utilité publique)

   V

   “variance” or vary the requirements means a relaxation to the planning, architectural, siting or other requirements of the Land Use Policies due to unique site conditions or built heritage resource factors; (dérogation)

   “vehicle” means a vehicle as defined in the Canada National Parks Highway Traffic Regulations; (véhicule)

   “vehicle rentals” means the rental of motor vehicles; (location de véhicules)

   “vehicle repair services” means an establishment for 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, but does not include an autobody and paint shop;

   “veterinary services” means a facility for the medical care and treatment of animals and includes provision for their overnight accommodation; (services vétérinaires)

   “visitor accommodation” means the same thing as commercial accommodation. It does not include private home accommodation; (logement pur voyageurs)

   “visitor services” means those activities which provide a visitor with information on activities and attractions within Jasper National Park; (services aux visiteurs)

   W

   “warehouse” means facilities for the storage of goods and merchandise; (entrepôt)

   X

   Y

   “yard” means the setback space between the lot line and any structure; (cour)

   1. “yard, front” means the area of a lot fronting on a street, extending across the full width of the lot , and from the front property line of the lot to the main structure. Its depth shall be measured at right angles to the front property line; (cour avant)
   2. “yard, rear” means that area extending the full width of a lot from the rear property line of the lot to the rear of the principal building, and its depth shall be measured at right angles to the rear of the property line; (cour arriere)
   3. “yard, side” means that portion of the lot extending from the front yard to the rear yard and between the side property line of the lot and the closest side of the principal building, and its width shall be measured at right angles to the side property line; (cour latérale )

   Z

Section 4.01 Purpose

1. The superintendent shall appoint a Planning and Development Advisory Committee, hereinafter referred to as “the committee”; the purpose of this committee shall be to consider and make recommendations to the superintendent on development applications that involve an exercise of discretion by the superintendent.
2. Notwithstanding any other provisions within Sections 4 and 5, the superintendent may exercise their discretion on any development application without a recommendation from the committee.

Section 4.02 Relationship to the Superintendent

1. The superintendent shall consider, but shall not be bound by the recommendations of the committee when making decisions on development applications.

Section 4.03 Composition and Membership

1. The superintendent shall appoint the committee consisting of 5 members. Membership shall be sought through public advertising, and members shall:
   1. be residents of Jasper National Park; and
   2. not be employees of the Parks Canada Agency or the Municipality of Jasper.
2. One member of the committee shall be appointed by the superintendent to chair the committee. In the event the chair is not able to attend a meeting, the superintendent shall designate an alternate member to chair the meeting.
3. Dismissal of committee members shall be at the discretion of the superintendent after consultation with the Municipality of Jasper.
4. Members that miss two consecutive meetings may be directed by the Superintendent to resign from the committee.

Section 4.04 Term

1. Each member of the committee may be appointed for a term of three years.
2. In the event that a committee member resigns, a new member shall be sought to fill the resigned member’s position for that member’s remaining term. In the event that a committee member resigns within 6 months prior to the end of term, the superintendent shall, after consultation with the Municipality of Jasper, make a decision as to whether or not to fill the position.

Section 4.05 Quorum

1. A majority of the members of the committee constitutes a quorum of the committee and a vacancy in the membership of the committee does not impair the right of the remaining members to act.
2. Committee quorum shall be present to make recommendations. If quorum is lost due to a declaration of conflict of interest or a similar event, the item under consideration shall be deferred to a special meeting as agreed by the superintendent.

Section 4.06 Meetings

1. The superintendent shall call meetings as matters arise.
2. The superintendent or their designate may be present for all aspects of committee meetings, and shall not be excluded from in camera discussions.
3. Meetings shall be held in the public venue. However, after relevant information regarding an application has been presented, deliberations and decision making of the committee shall be held in camera and shall be subject to confidentiality.
4. The order of presentation of a development application in a meeting shall be as follows:
   1. presentation of development application by Parks Canada;
   2. presentation of development application by proponent;
   3. presentations by persons supporting application;
   4. presentations by persons opposing application;
   5. questions and rebuttals;
   6. final questions from committee members; and
   7. committee deliberation in camera.

Section 4.07 Minutes

1. The superintendent shall designate a Parks Canada employee to record minutes. The minutes shall record:
   1. the names of all individuals present;
   2. relevant background information that is not a record of in camera discussion; and
   3. recommendations of the committee.
2. The minutes shall not record an individual recording of members’ votes on development applications.
3. Minutes of all meetings shall be made available to each committee member and the Municipality of Jasper.

Section 4.08 Recommendations Processes and Communication

1. The committee shall vote on all recommendations made to the superintendent. Only committee members in attendance shall be involved in making recommendations.
2. Written recommendations from the Committee are to be made within 7 days of the meeting.
3. The Superintendent shall make their recommendations available to the Municipality of Jasper.
4. The Superintendent shall, within 14 working days of receiving the committee’s written report regarding a development application, provide a written notification of the decisions made regarding the development application, together with the reasons therefor, to committee members, the Municipality of Jasper and the proponent.
5. A notice of the superintendent’s decision shall be posted in a public area.

Section 4.09 Recommendations Making Framework

1. In formulating its recommendations, the committee shall only consider information presented and relevant planning matters. Furthermore the committee shall:
   1. defer recommendation on a development application if the committee feels additional information is required; and
   2. identify any missing information required to make a recommendation.

Section 4.10 Conflict of Interest

1. Committee members shall treat all parties fairly and shall remain impartial in considering all material and in all contacts with the proponent, interested parties and special interest groups.
2. Committee members shall not represent special interest groups or similar organizations during deliberations.
3. Committee members shall disclose to the remainder of the committee any contact with a proponent, interested party or special interest group, prior to the presentation of relevant information regarding an application.
4. Committee members with a conflict of interest shall declare their bias and excuse themselves from the meeting and any future discussions and voting related to the development application under consideration.
5. Conflict of interest shall include:
   1. pecuniary interests: any matter that could monetarily affect a committee member, the member’s family, the corporation in which the committee member is an employee, a shareholder, a director, or a partnership, foundation or firm of which the committee member is a member; and
   2. any matter involving personal or other interests of a committee member, or the committee member’s family, which may affect the committee member in the performance of their duties.

Section 4.11 Member Honorariums

1. The superintendent may pay an honorarium to each committee member for each meeting or training session attended.

Section 5.01 Development Permits

1. No person shall commence any development unless that person is the holder of a development permit. A development permit is not required for activities determined by the superintendent to be:
   1. minor renovations, maintenance or repair of any development;
   2. any temporary government use in connection with federal, provincial, municipal government or school board elections, a referendum or a census;
   3. seasonal or routine pruning and maintenance of trees or other vegetation;
   4. the removal of hazardous or dead trees identified by the superintendent;
   5. the construction, installation or repair of a municipal roadway or utility;
   6. holiday decorations;
   7. any interior commercial signage located further than 300 mm of a window or door which separates the interior and the exterior of a building; and
   8. an accessory building of less than 4.5 m² and without permanent foundation.
   9. No person shall be issued a development permit for new commercial floor area unless an allotment has been issued pursuant to Section 8.

Section 5.02 Development Authorities

1. The superintendent shall decide on all development permit applications.

Section 5.03 Development Permit Applications

1. An application for a development permit shall be :
   1. made to the superintendent on a form prescribed by the superintendent; and
   2. signed by the applicant;
   3. accompanied by an application fee fixed for that permit by the Minister under Section 24 of the Parks Canada Agency Act.
2. Unless authorized by the superintendent, every application for a development permit shall be accompanied by drawings submitted in metric measurements, and shall be accompanied by:
   1. a real property report;
   2. photographs of the site and adjacent areas; and
   3. a narrative report describing the proposed development, including:
      1. the type of building or buildings to be constructed and the intended use of the building or buildings;
      2. explanation of appropriate use in a national park;
      3. calculations of existing and proposed floor space;
      4. number of units of existing or proposed uses;
      5. for commercial development, a detailed breakdown of existing staff and proposed number of staff;
      6. for commercial development, details regarding the provision for and types of staff accommodation;
      7. for commercial development, anticipated increase in traffic and pedestrian flows; and
      8. a description of how objectives of the National Energy Code will be achieved including conservation of energy and water, recycling of existing structures, reuse of building materials, and the incorporation of recycling programs and other conservation measures;
3. four copies of a site plan drawn to a scale of not less than 1:200 scale showing:
   1. the type of development, number of residential units, site area, gross floor area by use, floor area ratio, site coverage, parking and housing required and provided;
   2. north arrow and scale;
   3. dimensioned setbacks;
   4. the size and location of existing and proposed structures or uses including accessory buildings and structures, garages, and fences;
   5. dimensioned existing and proposed parking spaces and barrier free stalls and driveways showing grades and paving material;
   6. proposed drainage including catchment or storm water catchments or storm sewer connections;
   7. locations of existing and proposed site services;
   8. location, dimensions and details of garbage containers or rooms, adjacent sidewalks, streets and curbs, loading docks, fuel and propane tanks;
   9. setbacks from property lines, water bodies, adjacent structures, propane tanks; and
   10. the footprint, size, height and location of any buildings on adjacent lots;
   11. Where landscape plans are not provided at application submission per 5.03 (e) the site plan shall show:
   1. all paving surfaces and types of surfaces;
   2. proposed pathways, decks, stairs, patios, sidewalks and other hard surfaces; and
   3. existing and proposed fencing.
4. four copies of landscape plans drawn to a scale of not less than 1:200 scale showing:
   1. existing and finished grades;
   2. open space and recreational amenities;
   3. vegetation to be retained and method of protecting it during construction;
   4. planting plan;
   5. existing and proposed plant species, including number and size;
   6. method of irrigation, if any;
   7. all paving surfaces and types of surfaces;
   8. proposed pathways, decks, stairs, patios, sidewalks and other hard surfaces; and
   9. existing and proposed fencing and site lighting;
5. Landscape Plans are not required to be provided at application submission for re-development of sites destroyed as a result of the 2024 Jasper Wildfire. Landscape plans must be provided for review and approval as a condition of approval of the Development Permit.
6. four copies of architectural plans, prepared by a registered architect or engineer drawn to a scale of not less than 1:100 scale including the following:
   1. floor plans showing dimensioned floor plans of all proposed development and indicating conformance with barrier free design requirements, where required;
   2. all elevations indicating finish materials, heights, overhangs, roof pitches, distances to setbacks;
   3. sections indicating floor heights and relationship with grade;
   4. site section from the front to rear property line, including adjacent streets and lanes; and
   5. roof plan showing snow dump areas, major roof structure and equipment and screening details;
7. four copies of street scape elevations showing the relationship of the proposed development to existing structures along the street except where applications are submitted for redevelopment of sites destroyed as a result of the 2024 Jasper Wildfire;
8. the estimated value or cost of development;
9. alternate offsite parking arrangements acceptable to the superintendent; and
10. other information relating to the development that is considered necessary by the superintendent.

Section 5.04 Procedure for Permitted Use Applications - No Variance Required

1. Following receipt of a complete development permit application for a permitted use not requiring a variance, the superintendent shall make a decision regarding the application.
2. The superintendent may refuse an application for a development permit for a permitted use not requiring a variance, or approve an application for a development permit for a permitted use not requiring a variance, with or without conditions or for a limited period of time.
3. If the superintendent refuses to issue a permit, written notice of the refusal together with reasons shall be given to the applicant by ordinary mail.
4. Within 14 days of the mailing of a decision refusing a permit or of the issuance of a permit subject to conditions, an applicant may, in writing, request the superintendent to review the refusal or any condition attached to a permit. The request may include any submissions that the applicant wishes to make.
5. Within 14 days of its receipt, the superintendent shall make a decision in writing on the review request and shall send a copy of the decision with reasons to the applicant.

Section 5.05 Procedure for Other Development and Discretionary Use Permit Applications

1. Following receipt of a complete:
   1. development permit application for a permitted use requiring a Variance; or
   2. Discretionary Use Permit application, excluding a Home Based Business that does not involve client visitation,

   the superintendent shall cause a public hearing to be conducted by the Planning and Development Advisory Committee.

2. At least 14 days prior to the hearing, the superintendent shall notify by ordinary mail:
   1. the applicant; and
   2. all grantees, lessees and licensees from Her Majesty, the Queen in Right of Canada, of land within 45 m of the land in respect of which the application is made of the date, time and place of the hearing.
3. Where the public hearing is conducted by the Planning and Development Advisory Committee, a report shall be submitted to the superintendent, within 7 days of the conclusion of the hearing, containing a written summary of submissions heard, recommendations and reasons for the recommendations.
4. Within 14 days of receipt of the report from the Planning and Development Advisory Committee conducting the hearing, the superintendent shall send their decision by ordinary mail, together with reasons, to the applicant and post a notice of decision in a public area.

Section 5.06 Superintendent’s Decision Final

1. Subject to Subsection 5.04 (d) and subsection 5.04(e), a decision of the superintendent in respect of a development permit or a discretionary use permit is final and binding.

Section 5.07 Criteria for Deciding Applications

1. Subject to Subsection 5.07 (c), the superintendent may issue a permit only if the proposal conforms with:
   1. the Act;
   2. these Policies or other regulations policies;
   3. any Ministerial direction or order;
   4. the Jasper National Park Management Plan;
   5. the Jasper Community Land Use Plan;
   6. the Town of Jasper Architectural Motif Guidelines (Appendix B), of the Design Guidelines for New Development in Old Town Jasper (Appendix C), whichever is applicable;
   7. the terms of the lease, grant, or licence of occupation respecting the land; and
   8. if in the opinion of the superintendent no undue environmental or other adverse impact is likely to result to the surrounding park.
2. Subject to Subsection 5.07 (a), the superintendent may issue a discretionary permit for a discretionary use only if, in their opinion, the proposed development would not unduly interfere with the amenities of the area or the use, enjoyment, safety, aesthetics, or value of neighbouring properties.
3. Subject to Subsection 5.07 (a), the superintendent may issue permit containing a variance only if, in their opinion:
   1. the proposed development is for a use authorized for that building or land in the community land use plan and these land use Policies;
   2. the proposed development would not unduly interfere with the amenities of the area or the use, enjoyment, safety, aesthetics, or value of neighbouring properties; and
   3. either
      1. an unusual site configuration, soil conditions, or other factors, which are peculiar to the site and not common in the district and not the result of actions of the applicant, may result in unnecessary hardship or practical difficulties for the proposed development; or
      2. approval of the variance would likely improve the quality of design of the development relative to the park or park architectural motif design guidelines, or contribute to the conservation of a built heritage resource located in the park.

Section 5.08 Conditions of a Development Permit

1. The superintendent may issue a permit subject to such conditions as they deem appropriate:
   1. to ensure compliance with these land use Policies;
   2. to ensure compliance with the requirements of Section 5.07;
   3. to conserve the natural and cultural resources of the park;
   4. to ensure the safety, health and enjoyment of persons visiting or residing in the park;
   5. to ensure the safety and health of persons occupying the development; and
   6. to ensure the continued preservation, and sound control and management of the park by the Minister.
2. The superintendent also may require that, as a condition of a development permit, the applicant enter into an agreement :
   1. to undertake any action to maintain or restore ecological integrity;
   2. to construct or pay for the construction of any public fixture or public work including, but not limited to:
      1. a public roadway required to give access to the development;
      2. a pedestrian walkway system to serve the development;
      3. pedestrian walkways to connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development;
      4. off-street or other parking facilities;
      5. loading and unloading facilities;
      6. garbage handling facilities;
      7. installing or paying for the installation of all underground utilities, that are necessary to serve the development;
      8. paying a proportionate share of the cost of new or expanded off-site utilities for the storage, transmission, treatment or supplying of water; the treatment, movement or disposal of sanitary sewage; and storm sewer drainage and management facilities; and
      9. repairing or reinstating to original condition any street furniture, curbing, sidewalk, boulevard landscaping and tree planting that is damaged by acts of the developer;
   3. to provide financial security to the superintendent to ensure that all terms of the agreement under this subsection are carried out;
   4. to provide land required for any facilities described in clause (b) or deemed to be of public benefit; and
   5. any other conditions as the superintendent deems necessary for the preservation, control and management of the park.

Section 5.09 General

1. A development permit is valid for 12 months unless a building permit has been issued for the same development or the applicant has requested in writing that the superintendent extend the permit and has paid the applicable fee.
2. If an application for a development permit is refused, the superintendent may refuse to accept for consideration, with respect to the same land, or part of that land, a further application for a development permit, submitted within the 6 month period after the date of the superintendent’s decision to refuse the application.
3. When a development permit has been approved by the superintendent the permit shall not be issued until 14 days from the date of public posting.

Section 5.10 Building Permits

1. Unless a building permit has been issued by the superintendent, no person shall commence the excavation, erection, alteration, major renovation, reconstruction, structural repair or demolition of a building.

Section 5.11 Applications for Building Permits

1. Every application for a building permit shall be:
   1. made to the superintendent on a prescribed form signed by the applicant;
   2. accompanied by a copy of a valid development permit and Canadian Environmental Assessment Act determination;
   3. accompanied by the applicable fee fixed by the Minister under Section 24 of the Parks Canada Agency Act; and
   4. accompanied by proof of payment of applicable offsite levies to the Municipality of Jasper.
2. Unless otherwise authorized by the superintendent, every application for a building permit shall be accompanied by drawings submitted in metric to a scale of not less than 1:100, shall present all drawings at the same scale, and shall be accompanied by a qualified safety code review prepared by a provincial safety codes officer and four copies of:
   1. a site plan, at a scale not less than 1:200, in metric measurements showing accurately all the required information approved in the development permit;
   2. a landscape plan, at a scale not less than 1:200, in metric measurements showing accurately all the required information approved in the development permit;
   3. architectural plans at a scale not less than 1:100, in metric measurements, showing accurately all the required information approved in the development permit;
   4. building sections, wall details and other details as required by the proposed construction;
   5. structural plans;
   6. mechanical plans;
   7. electrical plans; and
   8. any other information relevant to the project that may be required to explain construction, conformance to codes or that may be required by the superintendent.
3. Any person who submits plans and specifications for site works including grade changes, terrain manipulation, retaining walls, planned planting, shall have them prepared by a qualified landscape architect.

Section 5.12 Issuance of a Building Permit

1. The superintendent may issue a building permit only if the proposal conforms with:
   1. the Act, regulations, and policies;
   2. the standards prescribed in the National Building Code, the National Fire Code, applicable provincial codes and other laws of the province of Alberta; and
   3. the terms and the conditions of the development permit.
2. Where applicable Alberta Building, Fire or other safety codes overlap with the National Building Code or National Fire Code, the more stringent shall apply.
3. The superintendent may issue a permit subject to such conditions as they consider appropriate:
   1. to ensure compliance with the Act, regulations, policies and applicable codes;
   2. to ensure compliance with approved plans; and
   3. to comply with any mitigative measures required by the Canadian Environmental Assessment Act.

Section 5.13 General

1. A decision of the superintendent is final and binding.
2. If an application for a building permit is refused, the superintendent may refuse to accept for consideration a further application for a building permit within the 6 month period after the date of the superintendent’s decision to refuse the application.

Section 5.14 Extension of and Changes to Building Permits

1. A building permit shall expire:
   1. if the work authorized by the permit has not commenced within 12 months of the date of issue of the permit;
   2. if the work authorized by the permit is commenced but is later suspended or abandoned for a continuous period of more than 12 months; or
   3. when an occupancy permit has been issued under Section 5.16.
2. An application for the extension of a building permit must be:
   1. made on a form prescribed by the superintendent signed by the applicant;
   2. accompanied by the applicable fee fixed for an extension of a building permit by the Minister under Section 24 of the Parks Canada Agency Act; and
   3. applied for 30 days prior to the expiration of the valid permit.
3. Upon application the superintendent may extend a permit for additional periods of 6 months unless the permit has been revoked or has expired.
4. No person shall make, allow or cause to be made any alterations to the plans or specifications accompanying the application for which a permit has been issued, unless the alterations have been reviewed and approved in writing by the superintendent.

Section 5.15 General

1. Subject to Subsection 5.15(b), the laws of the Province of Alberta apply in respect of the design, manufacture, construction, operation and maintenance of:
   1. electrical systems;
   2. elevating devices;
   3. gas systems;
   4. plumbing and private sewage disposal systems; and
   5. pressure equipment.
2. Every holder of a building permit shall, at all times, keep:
   1. a copy of the building permit posted in a conspicuous position on the construction site; and
   2. a copy of the plans and specifications in respect of which the building permit was issued available for inspection on the construction site.

Section 5.16 Occupancy Permits

1. No person shall use or occupy a new building unless an occupancy permit has been issued for the building.
2. No person shall use, occupy or continue to use or occupy a building for which a building permit has been issued for alterations, renovations or repairs unless an occupancy permit has been issued upon the completion of the work.
3. Every application for an occupancy permit shall be:
   1. made to the superintendent in the form prescribed by the superintendent signed by the applicant; and
   2. accompanied by applicable inspection and compliance reports, and the prescribed fees.
4. The superintendent may issue an occupancy permit only if, in their opinion, the building complies with all permits issued under these Policies.

Section 5.17 Enforcement

1. Notwithstanding Section 5.17 (h), for purposes of inspection of land or a building and upon giving notice to the applicant, the superintendent may:
   1. enter upon the subject land or building to carry out the inspection;
   2. require any documentation to be produced to assist in the inspection; and
   3. require copies of permits and inspection reports related to the inspection.
2. The superintendent may suspend or revoke a permit issued under these Policies where it is found that a development, construction, or the use of land or building, in whole or part, is not in accordance with any of the following conditions :
   1. the Act and regulations;
   2. the terms and conditions of a permit issued under these Policies;
   3. if the permit was issued, in the opinion of the superintendent, on the basis of substantial incorrect information or misrepresentation by the applicant; or
   4. the permit was issued in error.
3. The superintendent may reinstate a suspended permit when the failure that gave rise to the suspension has been remedied.
4. If the superintendent finds that a development construction, or the use of land or building, in whole or part, is not in accordance with the Act and regulations, or the terms and conditions of a permit issued under these Policies, the superintendent may, by written notice, order the grantee, lessee, licensee, the person in possession of the parcel of land or the building or the person responsible for the contravention to:
   1. stop any construction on the building or the use of the land or building in whole or in part as directed by the notice;
   2. demolish, remove or replace the building; or
   3. carry out any other actions required by the notice so that the building or use of the land or the building is made to comply with the provisions of the notice.
5. If a person fails or refuses to comply with a notice issued under Subsection 5.17 (d), the superintendent may enter the building or the land and take any action necessary to carry out the provisions of the notice.
6. When the superintendent takes the action referred to in Subsection 5.17 (e), the costs and expenses thereof shall be a debt due and owing to Her Majesty, the Queen in Right of Canada and shall be payable upon demand.
7. In addition to any other remedy and penalty imposed under the Act or any other enactment, if a development or the construction of a building is not in accordance with the Act and regulations, or the terms and conditions of a permit issued under these Policies the superintendent may apply to a court of competent jurisdiction for an injunction or other order.
8. The superintendent may enter on the subject land or building to carry out an inspection of an unsafe condition at any time without giving notice to the applicant.

Section 5.18 Fees for Permits

1. The fees for issuance of a permit shall be tendered to the superintendent at the time of application.
2. The fees payable for permits to be issued pursuant to these Policies shall be those set out in the Parks Canada Master Fee List. If the documents submitted with an application for a permit contains substantial errors or omissions and the documents are required to be resubmitted again for further review, the fee provided for in the Parks Canada Master Fee List shall be charged for each and every re-examination.

Section 5.19 Transitional

1. Subject to Section 1.06, a building permit issued under the regulations in force immediately prior to these Policiesshall be deemed to be a development permit and building permit issued under these Policies.

Section 6.01 Application

1. Any lessee of a site, or their authorized agent or other persons having a legal or equitable interest in the site, may, in accordance with Section 6.02, apply in writing to the superintendent to have the land use designation of the site amended to any district designation excluding a commercial district designation.
2. Amending the district designation of a commercial site to a commercial designation which will increase the development potential of the site shall not be permitted.
3. Amending the district designation of an R2H site shall not be permitted.
4. No person other than the superintendent may initiate amendments to the development requirements of these Policies.

Section 6.02 Plans and Information Required

1. All applications for amendments to these Policies shall be made to the superintendent on an application form provided by the superintendent and shall be accompanied by the following:
   1. a copy of the lease;
   2. a written statement to describe and justify the request for the amendment;
   3. a properly dimensioned vicinity map of appropriate scale indicating the site to be amended, its relationship to existing land uses within a 45 metre radius of the boundaries of the site and any prominent cultural, geographical or natural features;
   4. a fee which shall include the cost of processing the application and advertising for a Planning and Development Advisory Committee meeting; and
   5. where the applicant is an agent acting for the lessee, a letter from the lessee verifying the agent’s authority to make the application.

Section 6.03 Non-compliance with Information Requirements

1. The superintendent shall refuse to accept an application to amend these Policies if the information required by Section 6.02 has not been submitted or if, in the opinion of the superintendent, it is of inadequate quality to properly evaluate the application.

Section 6.04 The Application Review Process

1. On receipt of an application for an amendment to these Policies, the superintendent or their delegate shall process the application and forward the application, comments and recommendations to the Planning and Development Advisory Committee.
2. The Planning and Development Advisory Committee shall make a recommendation to the superintendent.

Section 6.05 Re-application

1. Where an application for an amendment has been refused, another application for an amendment on the same site shall not be made by the same or any other applicant until at least 12 months from the date of the superintendent’s refusal, or from the date that the applicant’s letter of withdrawal is received by the superintendent.

Section 7.01 General Requirements

1. With the exception of residences in Old Town Jasper, the design, character and appearance of a new building shall conform to the Architectural Motif Guidelines for the Town of Jasper (Appendix B).
2. The design, character and appearance of a new building in Old Town Jasper shall conform to the Design Guidelines for New Development in Old Town Jasper (Appendix C).
3. Every use of land must have direct access to a street.
4. All structures excluding an accessory building less than 9m2 must have a 1.5 m wide, horizontal, non-combustible surface perimeter along the outer walls of the structure. For greater clarity, attachments such as decks, steps or porches within 1.5 m of a structure must be surfaced with non-combustible material.

Section 7.02 Projections into Setbacks

Excluding the R4 district, projections shall be permitted within setbacks as follows:

1. Front setback:
   1. eaves, balconies, canopies, decks, and fire escapes may project a maximum of 1.0 m over or onto a required front setback; and
   2. open porches may project a maximum of 1.8 m over or onto a required front setback.
2. Side setbacks :
   1. eaves, balconies, canopies, decks, fire escapes, and open porches may project a maximum of 0.9 m over or onto a required side setback, except that only eaves may project into a required side setback on a site where the side setback is used for vehicular access to the rear of the site.
3. Rear setback :
   1. eaves, balconies, canopies, decks, fire escapes, and open porches may project a maximum of 1.8 m over into a required rear setback.
4. Bay windows, chimneys, and other architectural projections may project a maximum of 0.6 m into any setback.
5. Any projections above the first storey level of the building may not exceed 0.6 m.
6. 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 setback except into a required side setback on a site where the side setback is used for vehicular access to the rear of the site.
7. Mechanical systems or equipment located outside of a building shall be positioned, camouflaged or screened from view from a public space or from a lot designated as a residential district.
8. Mechanical equipment such as air conditioners or heat pumps may only be situated in the rear or side yard of a residential development. Any mechanical equipment generating fumes such as a generator may only be situated in the rear yard of a residential development.

Section 7.03 On-Site Parking

1. The following shall be the on-site parking requirements for all developments:
   1. each standard parking stall shall be a minimum of 2.7 m by 6.0 m;
   2. each barrier free parking stall shall be a minimum of 3.7 m by 6.0 m;
   3. no required on-site parking shall be permitted in the front setbacks;
   4. for all sites abutting a lane, access and egress to and from the required on-site parking shall be from the lane, and parking shall be located at the rear of the site. The parking stalls shall have direct access to the lane and shall not be enclosed or confined by barriers;
   5. when the on-site parking requirement is 5 parking stalls or greater, parking stalls and lots shall be defined by painted lines and/or wheel stops;
   6. when the on-site parking requirement calculation results in a fractional number of required parking stalls, the next higher whole number shall be required; and
   7. parking stalls shall be set back a minimum of 0.6 m from the property line when directly accessed from a public roadway.

Section 7.04 On-Site Parking: Public Parking Areas

1. The following shall be the parking requirements specific to public parking areas:
   1. all public parking areas, and the access to, and egress from, shall be hard surfaced;
   2. all public parking areas shall have a perimeter curb of cast-in-place concrete or other material satisfactory to the superintendent;
   3. in a public parking area, barrier free parking shall be to the requirements of the Alberta Building Code; and
   4. in an at grade, flat surface public parking area, a minimum of 5% of the parking stalls shall be for oversize vehicles, and those parking stalls shall be a minimum of 3.0 m by 7.5 m.

Section 7.05 On-Site Parking: Commercial Districts

1. The following shall be the parking requirements in commercial districts other than the Block S District :
   1. For eating and drinking establishments, retail stores, professional, financial and office support services, and personal services, or equivalent, no parking stalls are required.
   2. for automobile service stations and all other uses in commercial districts, a minimum of 1 parking stall for each 46.5 m² of gross floor area or part thereof;
   3. for commercial accommodation, a minimum of 1 parking stall for each accommodation unit;
   4. for hostels, a minimum of 1 parking stall for each 4 beds of accommodation or part thereof;
   5. for apartment housing, a minimum of 1 parking stall for each dwelling unit; and
   6. for staff accommodation, a minimum of 1 parking stall for each 1.5 beds or part thereof;
2. barrier free parking shall be provided to the requirements of Alberta Building Code;
3. in the case of a multiple-use development, the total sum of the required parking for each individual use shall be deemed to be the total parking requirement for the site;
4. in the case of a multiple-use development with a residential component, the residential parking requirement must be met on-site;
5. for discretionary commercial accommodation in the C1 district, one stall per hotel room must be provided on site; and
6. for developments in the C2 District , 1 on-site bus stall, with a minimum size of 15.5 m by 3.0 m, may be provided in lieu of 10 required on-site parking stalls to a maximum of 30% of the required on-site parking stalls.

Section 7.06 On-Site Parking: Residential Districts

1. The following shall be the parking requirements in residential districts :
   1. in the R1 District, a minimum of 1 parking stall per primary dwelling unit;
   2. in the R2 District, a minimum of 1 parking stall per primary dwelling unit;
   3. in the R2H District, a minimum of 1 parking stall per primary dwelling unit;
   4. in the R3a and R3b Districts, a minimum of 1 parking stall per primary dwelling unit;
   5. in the R4 District, a minimum of 1 parking stall for each primary dwelling unit;
   6. in the CCWa District, a minimum of 1 parking stalls for each primary dwelling unit;
   7. in the CCWb District, a minimum of 1 parking stalls for each primary dwelling unit;
   8. in the CCWc District, a minimum of 1 parking stall for each primary dwelling unit; and
   9. with the exception of developments in the R4 District, parking stalls shall not be located within a front setback or in the case of a side yard abutting a street, only in the rear 25% of the lot.
2. For R1, R2 and R2H sites which do not abut a back lane, excluding those in Cabin Creek West, parking stalls shall be provided in accordance with the following:
   
   1. parking may be accessed by way of the street; and
   2. a 3.5m minimum projection free side-yard is required for access to the on-site parking when the parking is located at the rear of the site.

Section 7.07 On-Site Parking: Block S District

1. The following shall be the parking requirements in the Block S District:
   1. for automobile maintenance and repair services, and professional and office support services, a minimum of 1 parking stall for each 46.5 m² of gross floor area or part thereof;
   2. for storage buildings, including warehouses, manufacturing, repair and trade services, and transportation services, a minimum of 1 parking stall for each 100 m² of gross floor area or part thereof; and
   3. for all other uses, a minimum of 1 parking stall for each 46.5 m² of gross floor area or part thereof.

Section 7.08 On-Site Parking: Institutional District

1. The following shall be the parking requirements in the Institutional District:
1. Parking stalls shall not be located on or in the front and side setbacks.
2. for staff accommodation, a minimum of 1 parking stall for each 1.5 beds or part thereof.

Section 7.09 On-Site Loading and Unloading Facilities

1. When any commercial or institutional development, or any development in the Block S District is proposed, (excluding professional, financial, and office support services), including a change of use of an existing development, or when any existing development is enlarged or increased in capacity, on-site loading and unloading spaces shall be provided in accordance with the following:
   1. 1 loading bay shall be provided;
   2. each loading bay shall be a minimum 3.6 m X 7.6 m, and have a minimum 4.3 m vertical clearance; and
   3. the loading bay shall have access to a lane or public street.

Section 7.10 Staff Accommodation

1. Any commercial development or redevelopment which would add to the amount of existing commercial space, or redevelopment which would convert to a commercial use with a higher staff requirement, shall be required to provide additional staff accommodation in accordance with the following :
   1. for eating and drinking establishments, retail stores, professional, financial and office support services, personal services, institutional uses and government services a minimum of 1 bedroom per 46.5 m² of gross floor area or part thereof;
   2. for commercial accommodation, a minimum of 1 bedroom of staff accommodation for each 5 commercial accommodation units or part thereof;
   3. for Block S development, a minimum of 1 bedroom for each 150 m² gross floor area or part thereof; and
   4. for all other uses, the staff accommodation requirements shall be determined by the superintendent.
2. In the case of a multiple-use development, the total sum of the staff accommodation required for each individual use shall be deemed to be the required staff accommodation for the site.
3. When the staff accommodation requirement calculation results in a fractional number of beds of staff accommodation, the next higher whole number shall be required.

Section 7.11 Staff Accommodation: General Requirements

1. Staff accommodation in the C1, C2, C3, C4 and I Districts shall meet the following policies:
   1. the dwelling units shall have an entrance from grade off of the street frontage, separate from any commercial or institutional use in the buildings;
2. Staff accommodation shall be occupied only by eligible residents.

Section 7.12 Staff Accommodation: Specific Requirements

1. Staff accommodation must comply with the Alberta Minimum Housing and Health Standards.

Section 7.13 Landscaping Requirements

1. Landscaping shall be designed to moderate the impact of wind and snow drifting on pedestrian areas and to facilitate snow removal.
1. Combustible landscaping materials (grass, shrubs, bark mulch etc.) must be setback a minimum of 1.5 m from a building, excluding accessory buildings of less than 9 m2 . This 1.5 m setback should be maintained when plantings reach full maturity. For greater clarity, flowers are permitted in this zone.
2. Trees shall be planted in informal groupings. Until survival is assured, newly planted trees which die shall be replaced.
3. In residential districts, front yard fencing shall be limited to 1.8 m in height of which the top 460 mm shall be visually transparent; back and side yard fencing is limited to 2.4 m in height. The height of fencing shall be based on the height relative to the grade at the property line as viewed from public roadways or neighbouring lots.
4. All storm drainage shall be contained on site or directed to a storm drainage system.
5. All on-site lighting shall be dark sky compliant.

Section 7.14 Storage in Yards

1. Subject to subsections (i) and (ii), no person shall store or display any goods or materials in any yard.
   1. Storage of garden equipment, garden furniture, trailers or, boats less than 6m in length, firewood and other goods or materials normally associated with the enjoyment of residential property shall be permitted in rear yards in the R1, R2, R2H, R3a, R4, CCWa and CCWb Districts; and
   2. with the approval of the superintendent, the storage of building materials during periods of construction.

Section 7.15 Replacement of Manufactured Homes

1. The superintendent may approve the development of a Manufactured Home on a lot to replace a destroyed Manufactured Home on the same lot subject to the following:
   1. No person shall place more than one manufactured home on any lot;
   2. With regard to building setbacks:
      
      1. The rear setback is 1.2 m;
      2. The front setback is 2.7 m; and
      3. The side setbacks are 1.5 m.
   3. 1 parking stall is provided per dwelling unit;
   4. The maximum site coverage of the primary building is 32% of the site area;
   5. The maximum site coverage including a porch, accessory building, attached carport or garage is 45%;
   6. A deck or patio may be no more than 2.5m wide;
   7. One detached accessory building may be constructed on a mobile home lot. It may not encroach into setbacks and must be 1.5m from the mobile home. It may be no more than 4.5m in height with a maximum eave line of 2.5m;
   8. Mobile homes and attached structures shall be skirted;
   9. A minimum of one set of permanent steps and landing must be constructed for each mobile home;
   10. One attached enclosed landing or porch may be constructed at an entrance to the mobile home. The enclosed landing or porch structure may not encroach into setbacks and the area of the enclosed landing or porch structure is to be not more than 9.3m2 with a maximum width of 2.4m;
   11. One semi-open carport may be constructed on the side of the lot having the greatest side yard width. The carport must have an interior area of at least 6m in length and 3m in width and may not have an area of more than 29.7m². May share a common roof with the porch;
   12. A manufactured home may not contain a secondary suite;
   13. One semi-open carport may be constructed on the side of the lot having the greatest side yard width. The carport must have an interior area of at least 6m in length and 3m in width and may not have an area of more than 29.7m2. May share a common roof with the porch;.
   14. A manufactured home may not contain a secondary suite;
   15. no more than 90% of the required front yard shall be hard landscaped;
   16. a minimum of 55% of the site shall be landscaping, of which 25% shall be soft landscaped; and
   17. Projections into setbacks are permitted subject to the following:
   1. eaves, balconies, bay windows, canopies, decks, and porches may project a maximum of 1.0 m over or onto a required front setback; and
   2. eaves may project into a rear setback as permitted by building codes.

   Section 7.16 Zero Lot Line Developments

   1. In all residential districts, the side setbacks listed may be reduced to 0.0 m where the lessee of the lot proposed for development and the lessee of the adjacent lot(s) submit a joint development permit application for the development of all involved lots.

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Section 8.01 Application

1. This Section applies to commercial development constructed after the coming into effect of these Policies in the C1, C2, C3, C4 and Block S Districts unless otherwise exempted in Section 8.03.
2. The maximum amount of new commercial floor area that shall be permitted in the Town of Jasper is 9,290 m². Once 9,290 m² of commercial floor area has been allocated under the requirements of this Section, no additional commercial floor area shall be permitted in the C1, C2, C3, C4 and Block S Districts in the Town of Jasper.
3. In the event there is a conflict with any district requirements, the requirements of this Section shall prevail.
4. No development containing new commercial floor area shall be allowed unless the person applying for the development permit holds an approved Commercial Floor Area Allotment.

Section 8.02 Annual Commercial Floor Area Allotment

1. No more than 1,700 m² of commercial floor area shall be allotted per allotment period pursuant to Section 8.03.
2. In any year the amount of commercial floor area developed may exceed 1,700 m² due to development starts or the annual allotment exceeding 1,700 m² pursuant to Section 8.09, as long as over a 5-year period the average annual allotment does not exceed 1,700 m². 

Section 8.03 Content of Commercial Floor Area Allotment Applications

1. Every application for a commercial floor area allotment shall be made on a form provided by the superintendent, and be signed by the applicant.
2. Every application for a commercial floor area allotment shall be submitted in metric and shall be accompanied by:
   1. a narrative report of the proposed development, including:
      1. the type of building(s) to be constructed and use(s);
      2. calculations of existing and proposed floor space;
      3. proposed variances and justifications for the variances;
      4. a detailed breakdown of existing and/or increase in the number of staff; and
      5. provision of staff accommodation, and provision of on-site parking stalls;
3. No person shall amend an application for a commercial floor area allotment after the application has been entered into the commercial floor area allotment.
4. An application for a commercial floor area allotment which contains a request for a variance shall be considered if the requested variance is one which the superintendent determines is contemplated by these Policies. Failure to obtain a required variance may lead to cancellation of the commercial floor area allocation.

Section 8.04 Number of Commercial Floor Area Allotment Applications

1. No person shall submit more than one application in any 12 month period.

Section 8.05 Transferability

1. Commercial floor area allotments shall not be assignable or transferable to another site or development application.

Section 8.06 Submission Deadline

1. Complete applications pursuant to Section 8.04 shall be submitted on or before a deadline set by the Superintendent of each calendar year.

Section 8.07 Expiration of Commercial Floor Area Allotments

1. A commercial floor area allotment shall expire if:
   1. a development permit has not been obtained within 12 months, or
   2. a building permit has not been obtained within 24 months; or
   3. if the building permit expires or has been revoked.
2. Any expired allotments shall be returned to the total available commercial floor area for future draws.

Section 8.08 Allocation of Commercial Floor Area Allotments

1. Each year, prior to the submission deadline, the superintendent shall calculate the total commercial floor area available for the allotment period pursuant to Section 8.02.
2. In the event that the total commercial floor area identified in all qualified allotment applications is less than the total commercial floor area available for the allotment period, all qualified applications shall be granted their identified commercial floor area allotments. The superintendent shall within 60 days notify all proponents.
3. In the event that the total commercial floor area identified in all qualified allotment applications is greater than the total commercial floor area available for the allotment period, the commercial floor area shall be allocated in accordance with the criteria for selection identified in the Jasper Community Sustainability Plan.
4. An application for required permits, licenses and authorizations with a commercial floor allotment must, in the opinion of the superintendent, be substantively consistent with the commercial floor area allotment application.

Section 9.01 General

1. All developments in a C1 District shall comply with the requirements of Section 8 and of this Section.

Section 9.02 Purpose

1. The purpose of the C1 District is to provide commercial uses and apartment housing.

Section 9.03 Permitted Uses

1. In a C1 District, the following uses shall be permitted:
   1. apartment housing;
   2. retail stores;
   3. professional, financial, and office support services; and
   4. Discretionary Uses where the same use has been previously approved for the same area on the same site, at the discretion of the Superintendent.

Section 9.04 Discretionary Uses

1. In a C1 District the following uses may be permitted:
   1. entertainment establishments;
   2. business support services;
   3. drinking establishments;
   4. eating establishments;
   5. equipment rentals;
   6. health services;
   7. home based businesses;
   8. household repair services;
   9. personal services;
   10. private clubs and organizations;
   11. resident-oriented services;
   12. spectator entertainment establishments;
   13. vehicle rentals;
   14. commercial accommodations; and
   15. utility services.

Section 9.05 District Requirements

1. In a C1 District no person shall erect a building on any lot unless,
   1. the minimum site width is 15.2 m;
   2. the minimum site depth is 30.4 m; and
   3. the minimum site area is 460 m².
2. In a C1 District
   1. the maximum floor area ratio is 2.25; and
   2. the maximum site coverage is 90% of the site area.
3. With regard to building height
   1. the maximum overall building height to the ridge line as measured from grade is 9.0 m with a maximum eave line of 6.0 m facing the street; and
   2. the finished main floor elevation shall be no more than 600 mm above the finish grade of the sidewalk.
4. With regard to a building roof the primary roof slope facing a street shall fall within a plane that slopes inwards at a 45-degree angle from the maximum eaveline of the building.
5. With regard to building setbacks
   1. buildings may be built to the property lines;
   2. buildings on corner sites shall have a minimum corner cut of 3.0 m, from the intersection of the front and side property line;
   3. the minimum setback where a site is located across the lane from an existing residential area is 7.6 m from the rear property line; and
   4. the minimum side setback where the site abuts a Public Open Space District, or a Residential District is 3.0 m.
6. With regard to projections into setbacks
   1. projections into setbacks shall not be permitted except awnings or canopies; and
   2. awning or canopy projections over public walkways are permitted to a maximum of 1.75 m from the face of the building.
7. In addition to the landscaping requirements of Section 7.13 the following are required
   1. a minimum of 2% of the site shall be soft landscaping; and
   2. the landscaping shall be located at the front of a building or on a side facing a street and may be combined with entry ways and other on-site public amenities.
8. In addition to the Permitted and Discretionary Uses of this District, the following shall be required:
   
   1. commercial space shall only be permitted on the first storey with the exception of second floor and basement commercial uses which existed on or before June 13th 2001;
   2. second storey space constructed after June 13th, 2001 shall only be used for resident-oriented services or apartment housing to be used by eligible residents;
   3. apartment housing shall only be permitted on the second storey and shall be occupied by eligible residents,
   4. existing second storey apartment housing shall not be eligible for redevelopment as commercial space.
   5. below grade space constructed after June 13th, 2001 shall only be used for storage purposes, mechanical and electrical systems, required on-site parking, or resident-oriented services;
   6. the vertical clearance of awnings and canopies over sidewalks must be a minimum of 2.75 m, and they shall not be anchored to the face of the building above the ceiling of the main floor.

Section 10.01 General

1. All developments in a C2 District shall comply with the requirements of Section 8 and of this Section.

Section 10.02 Purpose

1. The purpose of the C2 District is to provide for commercial accommodation.

Section 10.03 Permitted Uses

1. In a C2 District the following uses shall be permitted
   1. hotels; and
   2. motels.

Section 10.04 Discretionary Uses

1. In a C2 District the following uses may be permitted, in support of the primary use
   1. retail stores which do not exceed 186m²;
   2. drinking establishments;
   3. eating establishments;
   4. entertainment establishments;
   5. meeting rooms;
   6. personal services;
   7. staff accommodations;
   8. equipment rentals; and
   9. utility services.

Section 10.05 Development Requirements

1. In a C2 District site dimensions are site specific and shall be the same as that existing as of June 13th 2001.
2. In a C2 District
   1. the maximum floor area ratio is 1.0; and
   2. the maximum site coverage permitted is 40%.
3. The maximum overall building height to the ridge line as measured from grade is 11.6m with a maximum eave line 6.0 m on all four sides of the building.
4. The primary roof slope shall fall within a plane that slopes inwards at a 45-degree angle from the maximum eaveline on all four sides of the building.
5. With regards to building setbacks
   1. the minimum front setback is 10.6 m;
   2. the minimum side setback is 3.0 m; and
   3. the minimum rear setback is 7.5 m.
6. In the case of accessory buildings, excluding on-site staff accommodation:
   1. only 1 accessory building is permitted on a site;
   2. the maximum site coverage is 93 m²;
   3. the maximum building height to the ridge line as measured from grade is 6.0m with a maximum eave line of 4.0 m on all four sides of the building;
   4. the roof slope shall fall within a plane that slopes inwards at a 45 degree angle from the maximum eave line on all four sides of the building;
   5. accessory buildings shall be located:
      1. at the rear of the site;
      2. a minimum of .9 m from the property lines; and
      3. a minimum of 1.5 m from the main building, clear of all projections, or if located directly opposite a wall containing a window of a habitable room other than a second floor, it shall be a minimum of 6.0 m from that wall; and
      4. In addition to the landscaping requirements of Section 7.13 a minimum of 15% of the site shall be landscaping, of which 50% must be soft landscaping.
      5. In addition to the above requirements, the vertical clearance of awnings and canopies over sidewalks shall be a minimum of 2.7 5m, and they shall not be anchored to the face of the building above the ceiling of the main floor.

Section 11.01 General

1. All developments in a C3 District shall comply with the requirements of Section 8 and this Section.

Section 11.02 Purpose

1. The purpose of the C3 District is to permit existing non-conforming hotels and motels in the town centre.

Section 11.03 Permitted Uses

1. In a C3 District, hotels and motels shall be permitted.

Section 11.04 Discretionary Uses

1. In a C3 District, the following uses may be permitted in support of the primary use:
   1. drinking establishments;
   2. eating establishments;
   3. entertainment establishments;
   4. meeting rooms;
   5. personal services;
   6. retail stores which do not exceed 186m²;
   7. staff accommodation; and
   8. utility services.

Section 11.05 Development Requirements

1. In a C3 District, site dimensions are site specific and shall be the same as that existing as of June 13th, 2001.
2. In a C3 District
   1. site density is site specific and shall be no greater than that existing as of June 13th, 2001; and
   2. the maximum site coverage is 90% of the site area.
3. With regard to building height
   1. the maximum overall building height to the ridge line as measured from grade is site specific and shall be no greater than that existing on June 13th, 2001; and
   2. the finished main floor elevation shall be no greater than 600 mm above finish grade of the sidewalk.
4. With regard to a building roof, the primary roof slope facing a street shall fall within a plane that slopes inwards at a 45-degree angle from the eave line, with a maximum eave line facing the street of 6.0m.
5. With regard to building setbacks
   1. buildings may be built to the property lines;
   2. buildings on corner sites shall have a minimum triangular corner cut of 3.0 m from the intersection of the front and side property line; and
   3. the minimum setback where a site is located across the lane from an existing residential area is 7.5 m from the rear property line.
6. With regard to projections into building setbacks
   1. projections into setbacks shall not be permitted except awnings or canopies; and
   2. awning or canopy projections over public walkways are permitted to a maximum of 1.7 m from the face of the building.
7. With regard to on-site parking
   1. on-site parking is site specific and shall be consistent with the existing conditions on June 13th, 2001; and
   2. increases in commercial activity or intensity of use shall require additional on-site parking facilities as per Section 7.05.
8. One on-site loading and unloading facility is required per site.
9. In addition to the landscaping requirements of Section 7.13 a minimum of 2% of the site shall be landscaped at or near grade, immediately adjacent to the building’s main entries.
10. In addition to the above requirements, the vertical clearance of awnings and canopies over sidewalks shall be a minimum of 2.75 m, and they shall not be anchored to the face of the building above the ceiling of the first storey.

Section 12.01 General

1. All developments in a C4 District shall comply with the requirements of Section 8 and of this Section.

Section 12.02 Purpose

1. The purpose of the C4 District is to provide goods and services for the travelling public and for the operation of motor vehicles.

Section 12.03 Permitted Uses

1. In a C4 District an automobile service station shall be permitted.

Section 12.04 Discretionary Uses

1. In a C4 District the following uses may be permitted in support of the primary use
   1. retail stores;
   2. eating establishments;
   3. equipment rentals; and
   4. vehicle rentals.

Section 12.05 Development Requirements

1. Site dimensions are site specific and shall be the same as that existing as of June 13th 2001.
2. In a C4 District site coverage is site specific and shall be no greater than that existing on June 13th, 2001; and
   1. the maximum site coverage is 20% of the site area.
3. With regard to building height the maximum overall building height to the ridge line as measured from grade is 9.0 m with a maximum eave line of 6.0 m facing the street.
4. With regard to a building roof
   1. the roof slope of the primary building facing a street shall fall within a plane that slopes inwards at a 45-degree angle from the maximum eave line of the building; and
   2. roof shapes for structures providing weather protection over gas pumps shall include sloped edges and detailing that conform to the Architectural Motif Guidelines.
5. With regard to building setbacks:
   1. buildings may be built to the property lines;
   2. buildings on corner sites shall have a minimum corner cut of 3.0m from the intersection of the front and side property line;
   3. the minimum setback where a site is located across the lane from an existing residential area is 7.5 m from the rear property line; and
   4. the minimum side setback where a site abuts a Public Open Space District, or a Residential District is 3.0 m.
6. Projections into setbacks shall not be permitted.
7. With regard to an accessory building
   1. more than 1 accessory building may be permitted on a site provided that the maximum site coverage permitted is not exceeded;
   2. the maximum overall building height to the ridge line as measured from grade is 4.5m with a maximum eave line of 2.5 m; and
   3. the shape, colour and building materials used for the exterior of an accessory building shall be the same as those used for the primary building.
8. In addition to the landscaping requirements of Section 7.13, a minimum of 5% of the site shall be landscaped at or near grade, immediately adjacent to the main site entries.

Section 13.01 General

1. All developments in the HS District shall comply with the requirements of this Section 

Section 13.02 Purpose

1. The purpose of the HS District is to provide for hostel development.

Section 13.03 Permitted Uses

1. In the HS District the following uses shall be permitted
   1. hostel; and
   2. staff accommodation.

Section 13.04 Discretionary Uses

1. In the HS District the following uses may be permitted in support of the primary use:
   1. eating establishments;
   2. meeting rooms;
   3. personal service shops;
   4. retail stores; and
   5. visitor services

Section 13.05 Development Requirements

1. In the HS District:
   1. The requirements set out in Section 10 apply to hostel developments.

Section 14.01 General

1. All developments in a Block S District shall comply with the requirements of Section 8 and of this Section.

Section 14.02 Purpose

1. The purpose of the Block S District is to accommodate the Town of Jasper’s service and storage needs over the long term.

Section 14.03 Permitted Uses

1. In the Storage and Services District (Block S), the following uses shall be permitted
   1. general contractors; and
   2. general contractor support services.

Section 14.04 Discretionary Uses

1. In a Block S District the following uses may be permitted.
   1. autobody and paint shops;
   2. carwashes;
   3. kennel services;
   4. manufacturing services;
   5. government services
   6. professional and office support services;
   7. recycling depots;
   8. retail services which are incidental to the primary use;
   9. utility services;
   10. vehicle storage;
   11. vehicle repair services;
   12. veterinary services; and
   13. warehouses.

Section 14.05 Development Requirements

1. In a Block S District
   1. the minimum site area is 464.5 m²; and
   2. the minimum site width is 15.24 m.
2. In a Block S District
   1. the maximum floor area ratio is 1.0; and
   2. the maximum site coverage is 60% of the site area.
3. The maximum overall building height to the ridge line as measured from grade is 10.6m with a maximum eave line of 6.0 m facing the street.
4. The primary roof slope facing a street shall fall within a plane that slopes inwards at a 45-degree angle from the eave line facing the street.
5. With regard to building setbacks
   1. In the case of an interior site
      1. the front setback is 3.0 m;
      2. the side setback on one side must be 3.7 m;
      3. the other side setback may be built to the property line; and
      4. the rear setback is 3.0 m; and
   2. In the case of a corner site:
      1. the front setback is 3.0 m;
      2. the side setback facing a street is 4.5 m;
      3. the side setback not facing a street may be built to the property line; and
      4. the rear setback is 3.0 m.
6. Projections into setbacks shall not be permitted.
7. With regard to accessory buildings
   1. a maximum of 1 accessory building is permitted on sites less than 1,000 m²;
   2. the maximum overall building height to the ridge line as measured from grade is 7.5 m with a maximum eave line of 4.25 m;
   3. the shape, colour and building materials used for the exterior of an accessory building shall be the same as those used for the primary building; and
   4. an accessory building shall be located
      1. at the rear of the site;
      2. a minimum of 3.0 m clear of all projections from the primary building; and
      3. no closer than 1.0 m from any side or rear property line.
8. In addition to the landscaping requirements of Section 7.13, the following are required:
   1. all sites shall be maintained in a safe and orderly manner to the satisfaction of the superintendent. Any debris or discarded items shall be removed from the site;
   2. fencing shall not be constructed within the front setback, except in the case of a site with two or more adjacent lots used for the same business;
   3. fencing shall be finished with a low maintenance, low-key, earth-tone colour; and
   4. a minimum of 5% of the site must be landscaping.
9. In addition to the above requirements, the following are required
   1. driveways shall not be less than 3.0 m wide and not more than 5.0 m wide;
   2. driveways within front setbacks shall be paved using asphalt, concrete or interlocking pavers;
   3. on-site lighting shall be located, oriented and shielded so as not to be highly visible from other areas of the park or town;
   4. No person shall display any materials or equipment in a front or a side setback abutting a street, except in the case of a site with two or more adjacent lots used for the same business, where materials or equipment may be stored or displayed but not in the landscaped setback of the site where the primary building is located;
   5. exterior storage shall be screened from public view;
   6. all buildings including detached accessory buildings shall be constructed with permanent foundations;
   7. all primary buildings shall include washroom facilities which shall be connected to Town of Jasper water and sewer systems; and
   8. the use of trailers or any other mobile structures as a place of business or for any aspect of business shall not be permitted.

Section 15.01 General

1. All developments in an R1 District shall comply with the requirements of this Section.

Section 15.02 Purpose

1. The purpose of the R1 District is to provide for one-unit dwelling and two-unit dwelling developments in keeping with the existing development.

Section 15.03 Permitted Uses

1. In an R1 District the following uses shall be permitted
   1. garages when ancillary to a primary dwelling;
   2. one-unit dwellings;
   3. two-unit dwellings;
   4. accessory dwelling units; and
   5. one accessory building 7.5m² or less per primary dwelling.

Section 15.04 Discretionary Uses

1. In an R1 District the following uses may be permitted
   1. home based businesses;
   2. private home accommodation; and
   3. special needs housing.

Section 15.05 Development Requirements

1. In an R1 District  
   1. the maximum site coverage of the primary building is 30% of the site area;
   2. the maximum site coverage including garages and accessory buildings is 50% of the site area;
2. With regard to building height
   1. the maximum overall building height to the ridge line as measured from existing grade is 9.0 m with a maximum eaveline of 4.5 m above grade at all four sides of the building.
3. With regard to a building roof
   1. the primary roof slope shall fall within a plane that slopes inwards at a 45-degree angle from the maximum eaveline on all four sides of the building;
   2. dormers may project no more than 50% beyond the building envelope on all four sides of the building. However
      1. dormers shall not be more than 50% of the building width on either the front or back elevations; and
      2. dormers shall not be more than 75% of the building width on either side elevation.
4. With regard to building setbacks
   1. In the case of an interior site
      1. the front setback is 6.0 m;
      2. the side setback is 1.8 m; and
      3. the rear setback is 10.7 m; and
   2. In the case of a corner site
      1. the front setback is 6.0 m;
      2. the side setback facing a street is 4.5 m;
      3. the side setback not facing a street is 1.8 m; and
      4. the rear setback is 10.7 m.
5. With regard to a garage
   1. 1 garage is permitted on a site per primary dwelling unit;
   2. the maximum site coverage is 10% of the site area per garage;
   3. the maximum overall building height to the ridge line as measured from grade is 4.5 m with a maximum eave line of 2.5 m on all four sides of the garage;
   4. for those sites abutting a back lane, the garage shall be located:
      1. at the rear of the site;
      2. a minimum of 0.9 m from the property lines; and
      3. a minimum of 1.5 m from the main building, clear of all projections;
   5. in the case of sites without back lane access, the garage may be attached to the primary building, and shall be set back 3.0m from the front facade of the primary building. In this instance living areas over garages shall be included in the site coverage of the primary building; and
   6. a detached garage shall not contain a bedroom, a kitchen, or a living room.
6. In addition to the landscaping requirements of Section 7.13 the following are required
   1. in the case of sites with back lane access:
      1. no more than 30% of the required front setback shall be hard landscaped; and
      2. a minimum of 25% of the site shall be soft landscaped.
   2. in the case of sites without back lane access:
      1. no more than 55% of the required front yard shall be hard landscaped; and
      2. where the garage and or on-site parking is located in the rear, a minimum of 20% of the site shall be soft landscaped.
7. In addition to the above, the following are required
   1. the primary entrance shall face the street, and be located within 3.0 m of the foremost portion of the front facade, excluding a porch;
   2. a corner site may have a primary entry door on the facade facing a side street;
   3. no dwelling unit development shall be permitted which provides more than 1 kitchen for the dwelling unit.

Section 16.01 General

1. All developments in an R2 District shall comply with the requirements of this Section.

Section 16.02 Purpose

1. The purpose of the R2 District is to provide for two-unit dwelling developments.

Section 16.03 Permitted Uses

1. In an R2 District, the following uses shall be permitted:
   1. garages when ancillary to a one-unit or a two-unit dwelling;
   2. one-unit dwellings;
   3. two-unit dwellings;
   4. accessory dwelling units; except for on Parcels CM 1-12 where accessory dwelling untis are not permitted; and
   5. one accessory building 7.5 m² or less per primary dwelling unit.

Section 16.04 Discretionary Uses

1. In an R2 District, the following uses may be permitted:
   1. private home accommodation;
   2. home based businesses; and
   3. special needs housing.

Section 16.05 Development Requirements

1. In an R2 District, the requirements set out in Section 15 apply to one-unit dwellings.
2. In an R2 District
   1. the maximum site coverage of the primary building is 35% of the total site area;
   2. the maximum site coverage including garages and accessory buildings is 50% of the site area.
3. With regard to building height
   1. the maximum overall building height to the ridge line as measured from existing grade is 9.0 m with a maximum eaveline of 4.5 m above grade on all four sides of the building.
4. With regard to a building roof:
   1. the primary roof slope shall fall within a plane that slopes inwards at a 45-degree angle from the maximum eaveline at all four sides of the building; and
   2. dormers may project beyond the building envelop for no more than 50% of the perimeter of the building. However:
      1. dormers shall not be more than 50% of the building width on either the front or back elevations; and
      2. dormers shall not be more than 75% of the building width on either side elevation.
5. With regard to building setbacks
   1. in the case of an interior site
      1. the front setback is 6.0 m;
      2. the side setback is 1.8 m; and
      3. the rear setback is 10.7 m.
   2. in the case of a corner site
      1. the front setback is 6.0 m;
      2. the side setback facing a street is 4.5 m;
      3. the side setback not facing a street is 1.8 m; and
      4. the minimum rear setback is 10.7 m.
6. With regard to a garage
   1. 1 garage is permitted on a site per primary dwelling unit;
   2. the maximum site coverage is 10% of the site area per garage;
   3. the maximum overall building height to the ridge line as measured from grade is 4.5 m with a maximum eave line of 2.5 m on all four sides of a garage;
   4. Garages shall be located:
      1. at the rear of the site;
      2. a minimum of 0.9 m from the site lines; and
      3. a minimum of 1.5 m from the main building, clear of all projections.
   5. in the case of sites without back lane access, the garage may be attached to the primary building, and shall be set back 3.0 m from the front facade of the primary building. In this instance living areas over garages shall be included in site coverage of the primary building; and
   6. a detached garage shall not contain a bedroom, a kitchen, or a living room.
7. In addition to the landscaping requirements of Section 7.13 the following shall be required
   1. in the case of sites with back lane access:
      1. no more than 30% of the required front setback shall be hard landscaped, and;
      2. a minimum of 25% shall be soft landscaped; and
   2. in the case of sites without back lane access
      1. no more than 55% of the required front yard shall be hard landscaped; and
      2. where the garage and or on-site parking is located in the rear, a minimum of 20% of the site shall be soft landscaped.
8. In addition to the above, the following shall be required
   1. the primary entrance to each unit shall face the street, and be located within 3.0 m of the foremost portion of the front facade, excluding a porch;
   2. a corner site may have a primary entry door on a facade facing a side street;
   3. no two-unit dwelling development shall be permitted which
      1. provides more than 1 kitchen for each dwelling unit.

Section 17.01 General

1. All developments in an R2H District shall comply with the requirements of this Section.

Section 17.02 Purpose

1. The purpose of the R2H District is to provide for the construction of one- and two-unit dwellings which recognize the historic importance and the heritage character and value of the district within the town.

Section 17.03 Permitted Use

1. In an R2H District the following uses shall be permitted
   1. garages when ancillary to a primary dwelling;
   2. one-unit dwellings;
   3. two-unit dwellings; and
   4. accessory dwelling units; and
   5. one accessory building 7.5 m² or less per primary dwelling unit.

Section 17.04 Discretionary Uses

1. In an R2H District the following uses may be permitted
   1. home based businesses;
   2. private home accommodation; and
   3. special needs housing.

Section 17.05 Development Requirements

1. In an R2H District
   1. the maximum site coverage of the primary building is 30% of the total site area;
   2. the maximum site coverage including garages and accessory buildings is 50% of the total site area;
2. With regard to building height
   1. the maximum overall building height to the ridge line as measured from existing grade is 7.9 m with a maximum eaveline of 4.25 m above grade on all four sides of the building; and
   2. no elements shall extend above the maximum overall building height except chimneys.
3. With regard to a building roof:
   1. the primary roof slope shall fall within a plane that slopes inwards at a 45-degree angle from the maximum eaveline on all four sides of the building;
   2. dormers may project beyond the building envelop for no more than 50% of the perimeter of the building. However
      1. dormers shall not be more than 50% of the building width on either the front or back elevations; and
      2. dormers shall not be more than 75% of the building width on either side elevation.
4. With regard to building setbacks
   1. in the case of an interior site:
      1. the front setback is 7.5 m or the equivalent of adjacent houses whichever is the lesser;
      2. the side setback is 1.8 m; and
      3. the rear setback is 40% of the site depth or 10.7 m if the site depth is less than 33.5 m; and
   2. in the case of a corner site:
      1. the front setback is 7.5 m or the equivalent of adjacent houses whichever is the lesser;
      2. the side setback facing a street is 4.5 m;
      3. the side setback not facing a street is 1.8 m;
      4. the rear setback is 10.75 m; and
      5. the rear yard setback is 40% of the site depth or 10.75m if the site depth is less than 33.5m.
5. With regard to a garage
   1. 1 garage is permitted on a site per primary dwelling unit;
   2. the maximum site coverage is 10% of the site area per garage;
   3. the maximum overall building height to the ridge line as measured from grade is 4.5 m, with a maximum eave line of 2.5 m on all four sides of the garage;
   4. the garage shall be located:
      1. at the rear of the site;
      2. a minimum of .9 m from the property lines, and;
      3. a minimum of 1.5 m from the main building, clear of all projections;
   5. in the case of sites without back lane access, the garage may be attached to the primary building, and shall be set back 3.0 m from the front facade of the primary building. In this instance living areas over garages shall be included in the site coverage of the primary building; and
   6. a detached garage shall not contain a bedroom, a kitchen, or a living room.
6. In addition to the landscaping requirements of Section 7.(13) the following shall be required:
   1. landscaping shall conform to the Design Guidelines for New Construction in Old Town Jasper (Appendix C);
   2. for those sites with back lane access no more than 25% of the required front setback shall be hard landscaped;
   3. for those sites which do not have back lane access, and a side yard driveway provides access to the required on-site parking, no more than 30% of the required front-yard shall be hard landscaped;
   4. for those sites with back lane access a minimum of 50% of the total site shall be landscaped of which 50% shall be soft landscaped; and
   5. for those sites which do not have back lane access, a minimum of 40% of the total site shall be landscaped of which 50% shall be soft landscaped.
7. In addition to the above the following shall be required
   1. the primary entrance to each dwelling unit shall face the street, and be located within 3.0 m of the foremost portion of the front facade, excluding a porch;
   2. a corner site may have a primary entry door on the facade facing a side street;
   3. no one-unit or two-unit dwelling development shall be permitted which provides more than 1 kitchen for each dwelling unit.
   4. no one-unit dwelling development shall be permitted which
      1. provides more than 1 kitchen for each dwelling unit.

Section 18.01 General

1. All developments in an R3a District shall comply with the requirements of this Section.

Section 18.02 Purpose

1. The purpose of the R3a District is to provide for multi-unit dwelling development on standard sized sites.

Section 18.03 Permitted Uses

1. In an R3a District the following uses shall be permitted
   1. garages when ancillary to a residential development;
   2. multi-unit dwellings;
   3. one-unit dwellings;
   4. two-unit dwellings;
   5. garden suites and garage suites; and
   6. one accessory building of 7.5 m², or 2 m² per primary dwelling unit.

Section 18.04 Discretionary Uses

1. In an R3a District the following uses may be permitted
   1. home based businesses; and
   2. special needs housing.

Section 18.05 Development Requirements

1. In the R3a District the policies set out in
   1. Section 15 apply to one-unit dwelling developments; and
   2. Section 16 apply to two-unit dwelling developments.
2. In an R3a District
   1. the maximum site coverage of the primary building is 35% of the total site; or the maximum total site coverage of all buildings is 50%; and
   2. the maximum number of dwelling units is 6.
3. With regard to building height
   1. the maximum overall building height to the ridge line as measured from existing grade is 9.6 m with a maximum eaveline of 4.7 m above grade on all four sides of the building.
4. With regard to a building roof:
   1. the primary roof slope shall fall within a plane that slopes inwards at a 45-degree plan from the maximum eave line on all four sides of the building; and
   2. dormers may project beyond the building envelope for no more than 50% of the perimeter of the building. However
      1. dormers shall not be more than 50% of the building width on either the front or the back elevations; and
      2. dormers shall not be more than 75% of the building width on either side elevation.
5. With regard to building setbacks
   1. In the case of an interior site
      1. the front setback is 6.0 m;
      2. the side setback is 1.8 m; and
      3. the rear setback is 7.5 m; and
   2. in the case of a corner site:
      1. the front setback is 6.0 m;
      2. the side setback facing a street is 4.5 m;
      3. the side setback not facing a street is 1.8 m; and
      4. the rear yard setback is 7.5 m.
6. With regard to a garage:
   1. 1 garage is permitted on a site;
   2. the maximum site coverage of the garage is 10% of the site area;
   3. the maximum overall building height to the ridge line as measured from grade is 4.5 m with a maximum eave line of 2.5 m on all four sides of the garage;
   4. the garage shall be located:
      1. a minimum of 0.9 m from the property lines; and
      2. a minimum of 1.5 m from the main building, clear of all projections; and
   5. a detached garage shall not contain a bedroom, a kitchen, or a living room.
7. In addition to the landscaping requirements of Section 7.13 the following are required
   1. no more than 30% of the required front yard shall be hard landscaped; and
   2. a minimum of 25% of the site shall be soft landscaped.
8. In addition to the above the following are required
   1. the primary entrance to each dwelling unit shall be clearly visible from the front street or, the location of the entrance shall be clearly marked at the street by an entry portico, lamp post or gate with address;
   2. a corner site may have a primary entrance on the facade facing a side street;

Section 19.01 General

1. All developments in an R3b District shall comply with the requirements of this Section.

Section 19.02 Purpose

1. The purpose of the R3b District is to provide for multi-unit dwelling development.

Section 19.03 Permitted Uses

1. In an R3b District the following uses shall be permitted
   1. apartment buildings;
   2. garages when ancillary to a dwelling development;
   3. row-houses; and
   4. one accessory building with a total area no greater than 3 m² per unit.

Section 19.04 Discretionary Uses

1. In an R3b District the following uses may be permitted
   1. home based businesses;
   2. special needs housing; and
   3. utility services.

Section 19.05 Development Requirements

1. In an R3b District
   1. the minimum site width is 24.5 m; and
   2. the minimum site area is 743 m².
2. In an R3b District
   1. the maximum site coverage of the primary building is 40% of the site area;
3. With regard to building height
   1. the maximum overall building height to the ridge line as measured from grade is 13.7 m with a maximum eaveline of 6.6 m above grade at all four sides of the building.
4. With regard to a building roof the primary roof slope shall fall within a plane that slopes inwards at a 45 degree angle from the maximum eaveline on all four sides of the building.
5. With regard to building setbacks
   1. for apartment building developments
      1. the front setback is 3.6 m;
      2. the side setback abutting a street is 4.5 m;
      3. the side yard setback not abutting a street is 5.4 m if the wall contains a window to a habitable room or 3.6 m if the wall does not contain a window to a habitable room; and
      4. the rear setback is 4.5 m; and
   2. for row-housing dwelling developments
      1. the front setback is 6.0 m;
      2. the side setback is 1.8 m;
      3. the side setback abutting a street is 4.5 m; and
      4. the rear setback is 4.5 m.
6. With regard to garages:
   1. a maximum of 10% of the site may be covered by garages;
   2. the maximum building height to the ridge line is 6.0 m, with a maximum eave line of 4.0 m;
   3. garages shall be located:
      1. at the rear of the site;
      2. a minimum of 1.0 m from the property lines, and;
      3. a minimum of 1.5 m from the main building, clear of all projections or, if located directly opposite a wall containing a window of a habitable room other than a second floor, it shall be a minimum of 6.0 m from that wall; and
   4. a garage shall not contain a bedroom or a kitchen,
7. In addition to the landscaping requirements of Section 7.13 the following are required
   1. no more than 30% of the required front yard shall be hard landscaped; and
   2. a minimum of 30% of the site shall be landscaped, of which 50% shall be soft landscaped.
8. In addition to the above the following are required
   1. the primary entrance to each dwelling unit in a row-house shall be clearly visible from the front street. The location of the primary entrance in an apartment building shall be clearly marked at the street by an entry portico, lamp post or gate with address;
   2. a corner site may have a primary entrance on the facade facing a side street; and
   3. There may be no more than one kitchen per dwelling unit.

Section 20.01 General

1. All developments in an R4 District shall comply with the requirements of Section 7 and of this Section.

Section 20.02 Purpose

1. The purpose of the R4 District is to provide housing on smaller than normal lots.

Section 20.03 Permitted Uses

1. In an R4 District, the following uses shall be permitted:
   1. One attached carports per primary dwelling unit or one attached garage per primary dwelling unit;
   2. one-unit dwellings;
   3. two-unit dwellings;
   4. special needs housing;
   5. secondary suites, on sites which both have the primary dwelling unit on a permanent foundation and have executed a lease amending agreement removing the “owner occupancy requirement”, and
   6. accessory buildings of 9.3 m² or less.

Section 20.04 Discretionary Uses

1. In an R4 District the following uses may be permitted:
   1. home based businesses.

Section 20.05 District Requirements

1. In an R4 District
   1. the maximum site coverage of the primary building is 32% of the site area, whichever is the lesser;
   2. the maximum site coverage of all structures including an attached carport, accessory building, or garage is 50% of the site area.
2. With regard to building height
   1. the maximum overall building height of the primary building to the ridge line as measured from grade is 7.2 m with a maximum eave line of 3.2 m; and
   2. the maximum overall building height of an attached carport or garage to the ridge line as measured from grade is 5.1 m with a maximum eave line of 2.5 m.
3. With regard to a building roof:
   1. the primary roof slope shall fall within a plane that slopes inwards at a 45-degree angle from the maximum eave line of the building;
   2. dormers may project no more than 50% beyond the building envelope of the primary building on all four sides of the building. However
      1. dormers shall not be more than 50% of the building width on either the front or back elevations; and
      2. dormers shall not be more than 50% of the building width on either side elevation.
4. With regard to building setbacks
   1. the average front setback of the primary building, or attached carport or garage is 6.0 m;
   2. the side setback is 1.5 m; and
   3. the average rear setback is 4.5 m.
5. In addition to the landscaping requirements of Section 7 (below) the following are required
   1. no more than 90% of the required front yard shall be hard landscaped; and
   2. a minimum of 13.5% of the site shall be soft landscaped.
6. In addition to the above, the following shall be required
   1. the primary entrance shall face the street;
   2. a corner site may have a primary entrance on the facade facing a side street; and
   3. no dwelling unit development shall be permitted which provides more than 1 kitchen for the dwelling unit.

Section 20.06 Projections into Setbacks

1. In the R4 district, projections shall be permitted within setbacks as follows:
   1. Front setback:
      1. eaves, balconies, canopies, decks, and fire escapes may project a maximum of 1.0 m over or onto a required front setback; and
      2. open porches may project a maximum of 1.8 m over or onto a required front setback.
   2. Side setback:
      1. eaves, balconies, canopies, decks, fire escapes, and open porches may project a maximum of 0.6 m over or onto a required side setback.
   3. Rear setback:
      1. eaves, balconies, canopies, decks, fire escapes, and open porches may project a maximum of 1.8 m over into a required rear setback.
   4. Bay windows, chimneys, and other architectural projections may project a maximum of 0.6 m into any setback.
   5. Any projections above the first storey level of the building may not exceed 0.6 m.

Section 21.01 General

1. All developments in a CCWa District shall comply with the requirements of this Section.

Section 21.02 Purpose

1. The purpose of the CCWa District is to provide for one-unit dwelling or two-unit dwelling development in the Cabin Creek West Subdivision.

Section 21.03 Permitted Uses

1. In a CCWa District the following uses shall be permitted
   1. accessory buildings;
   2. one attached garage per primary dwelling unit;
   3. secondary suites;
   4. one-unit dwellings; and
   5. two-unit dwellings.

Section 21.04 Discretionary Uses

1. In a CCWa District the following uses may be permitted
   1. home based businesses;
   2. private home accommodation; and
   3. special needs housing.

Section 21.05 Development Requirements

1. The maximum site coverage for the primary building, including an attached garage, is
   1. for Block 40, Lots 31 through 37 inclusive, 100 m²;
   2. for Block 40, Lots 30, 38, 54, 56, and 61, 120 m²;
   3. for Block 41, Lots 1, 6, 9, 10, 13, 14, and 17, 120 m²;
   4. for Block 40, Lots 39 through 46 inclusive, 49, 50, 53, 55, and 57 through 60 inclusive, 150 m²;
   5. for Block 41, Lots 2, 3, 7, 8, 11, 12, 15, 16, 18, 21, 28, and 29, 150 m²;
   6. for Block 39, Lot 6, 200 m²;
   7. for Block 40, Lots 47, 48, and 52, 200 m²;
   8. for Block 41, Lots 4, 5, 19, and 26, 200 m²;
   9. for Block 39, Lots 7 through 10 inclusive, 250 m²;
   10. for Block 40, Lot 51, 250 m²; and
   11. for Block 41, Lots 20, 22, 24, 25, and 27, 250 m².
2. The maximum overall building height to the ridge line as measured from grade is:
   1. for Block 40, Lots 29, 38, 44, 50 and 61, and Block 41, Lot 29; 7.5 m with a maximum eaveline of 4.5 m above grade at all four sides of the building;
   2. 9.0 m with a maximum eaveline of 4.5 m above grade at all four sides of the building for Block 40, Lots 30, 32, 35, 37, 40, 41, 42, 45, 47, 53, 56, and 59, and Block 41, Lots 1, 3, 6, 7, 8, 10, 13, 14, 17, 18, 21, 24, 26, and 28 ;
   3. 10.5 m with a maximum eaveline of 7.5 m above grade at all four sides of the building for Block 39, Lots 6, 7, and 8; Block 40, Lots 31, 33, 34, 36, 39, 46, 49, 51, 52, 54, 55, 57, and 60; and Block 41, Lots 2, 4, 5, 9, 12, 15, 19, 20, 22, and 27; and
   4. 10.5 m with a maximum eaveline of 7.5 m above grade at all four sides of the building for Block 39, Lots 9 and 10; Block 40, Lots 43, 48, and 58; and Block 41 Lots 11, 16, and 25.
3. Roof dormers may project beyond the building envelope for no more than 50% of the perimeter of the building. However, dormers shall not be:
   1. more than 50% of the building width on either the front or back elevations; and
   2. more than 75% of the building width on either side elevation.
4. With regard to building setbacks
   1. the minimum front setback is 7.5 m, except for:
      1. Block 39, Lots 6 through 10 inclusive where the site depth is less than 32 m and the site slope is greater than 10%, the minimum front setback is 6 m; and
      2. Block 40, Lots 38 through 45 inclusive, and Block 41, Lot 29 the minimum front setback is 4.5 m.
   2. the minimum side setback abutting a street is 4.5 m;
   3. the minimum side setback not abutting a street is 1.75 m, except:
      1. where the side yard of a site abuts Block 40 Lot 19, Block 40 Lot 27, or Block 41, Lot 23 the minimum side setback is 3.0 m;
      2. where the side of a site abuts more than one rear yard the minimum side setback is 3.0 m;
      3. for Block 40, Lots 30 through 37 inclusive where the side setback not abutting a street may be reduced to zero if:
         1. a) the lessee of the adjacent site grants a 2.0 m easement for the purpose of an eave and footing encroachment or a maintenance access; and
         2. if the roof drainage from any dwelling unit that encroaches on an adjacent site is confined to the site on which the dwelling is situated by means of an eaves trough or down spout;
      4. for Block 40, Lots 30 through 36 inclusive, the minimum side setback opposite a side yard setback that has been reduced to zero is 3.0 m; and
      5. the minimum rear setback is 10.5 m, except:
         1. for Block 41, Lots 1 through 15 inclusive and Lots 24 through 29 inclusive where the minimum rear setback is 7.5 m, and;
         2. for Block 39, Lots 6 through 10 inclusive and Block 40 Lots 44 through 50 inclusive and 52 through 61 inclusive, where the minimum rear setback is 7.5 m; and
5. With regard to accessory buildings
   1. 1 accessory building is permitted on a site per dwelling unit;
   2. the maximum site coverage is 7.5 m²;
   3. the maximum overall building height to the ridge line as measured from grade is 4.5 m with a maximum eave line of 2.5 m on all four sides of the building;
   4. an accessory building shall be located:
      1. at the rear of the site;
      2. a minimum of 1.5 m clear of all projections from the primary building; and
      3. a minimum of 1.0 m from the rear and side property lines; and
   5. an accessory building shall not contain a bedroom, a kitchen, or a living room.
6. In addition to the landscaping requirements of Section 7.13, a minimum of 25% of the site shall be soft landscaped.
7. In addition to the above, the following shall be required
   1. the primary entrance shall face the street, and be located within 3.0 m of the foremost portion of the front facade, excluding a porch; and
   2. a corner site may have a primary entry door on the facade facing a side street;
   3. no development shall be permitted which provides more than 1 kitchen for each dwelling unit
8. Sites designated under the CCWa District that are not specifically identified in the above are subject to the restrictions of the R1 District in terms of site coverage, height, and setbacks.

Section 22.01 General

1. All developments in a CCWb District shall comply with the requirements of this Section.

Section 22.02 Purpose

1. The purpose of the CCWb District is to provide for one unit or two-unit dwelling developments in the Cabin Creek West Subdivision.

Section 22.03 Permitted Uses

1. In a CCWb District the following uses shall be permitted
   1. accessory buildings;
   2. one attached garage per primary dwelling unit;
   3. secondary suites;
   4. one-unit dwellings; and
   5. two-unit dwellings.

Section 22.04 Discretionary Uses

1. In a CCWb District the following uses may be permitted
   1. home based businesses;
   2. private home accommodations; and
   3. special needs housing.

Section 22.05 Development Requirements

1. The maximum site coverage for the primary building, including a garage, is
   1. for Block 39, Lots 22 through 29 inclusive, and Block 40, Lot 16, 120 m²;
   2. for Block 39, Lots 30 through 37 inclusive, and Block 40, Lots 1, 3, 4, 6 through 15 inclusive, and 25, 150 m²;
   3. Block 40, Lots 5, 18, 20 through 24 inclusive, 200 m²; and
   4. Block 40, Lot 17, 250 m².
2. The maximum overall building height to the ridge line as measured from grade is:
   1. for Block 40, Lot 7, 7.5 m with a maximum eaveline of 4.5 m above grade at all four sides of the building;
   2. for Block 40, Lots 1, 3, 6, 8, 13, 14, 16, 18, 20, and 22, 9.0 m with a maximum eaveline of 4.5 m above grade at all four sides of the building;
   3. for Block 40, Lots 4, 9, 10, 12, 17, 21, 23, 24, and 25, and Block 39, Lots 22 through 37 inclusive and Block 40, Lots 2, 5, 11, and 15, 10.5 m with a maximum eaveline of 7.5 m above grade at all four sides of the building;
3. Roof dormers may project beyond the building envelop for no more than 50% of the perimeter of the building. However, dormers shall not be
   1. more than 50% of the building width on either the front or back elevations; and
   2. more than 75% of the building width on either side elevation.
4. With regard to building setbacks
   1. the front setback is 7.5 m, except for
      1. Block 39, Lots 22 through 37 inclusive, where the front setback is 3.5 m; and
      2. Block 40, Lots 4, 5, 21, 22, and 23, where the front setback is 6.0 m;
   2. the minimum side setback not abutting a street is 1.75 m, except:
      1. where the side of a site abuts Block 39, Lot 5 or Block 40, Lot 62, the minimum side setback is 3.5 m; and
      2. where the side of a site abuts Block 40, Lot 19, the minimum side setback is 3.0 m;
   3. the side yard abutting a street is 4.5 m; and
   4. the rear setback is 10.5 m, except for Block 40, Lots 1 through 13 inclusive and Lots 18 and 20, where the rear setback is 7.5 m.
5. With regard to accessory buildings
   1. 1 accessory building is permitted on a site per dwelling unit;
   2. the maximum site coverage of an accessory building is 7.5 m²;
   3. the maximum overall building height to the ridge line as measured from grade is 4.5 m with a maximum eave line of 2.5 m on all four sides of the building;
   4. an accessory building shall be located
      1. at the rear of the site;
      2. a minimum of 1.5 m clear of all projections from the primary building; and
      3. a minimum of 1.0 m from the rear and side property lines; and
   5. an accessory building shall not contain a bedroom, or kitchen, or a living room.
6. In addition to the landscaping requirements of Section 7.13, a minimum of 25% of the site shall be soft landscaped.
7. In addition to the above the following are required:
   1. the primary entrance shall face the street, and be located within 3.0 m of the foremost portion of the front facade, excluding a porch;
   2. a corner site may have a primary entry door on the facade facing a side street.
   3. no development shall be permitted which provides more than 1 kitchen for each dwelling unit.
8. Sites designated CCWb District that are not specifically identified in the above are subject to the restrictions of the R2 District in terms of site coverage, height, and setbacks.

Section 23.01 General

1. All developments in a CCWc District shall comply with the requirements of this Section.

Section 23.02 Purpose

1. The purpose of the CCWc District is to provide for row-housing dwelling developments in the Cabin Creek West Subdivision.

Section 23.03 Permitted Uses

1. In a CCWc District the following uses shall be permitted
   1. accessory buildings;
   2. secondary suites, except on Block 39 Lot 48;
   3. garages attached to the primary building; and
   4. row-houses;
   5. two-unit dwellings; and
   6. one-unit dwellings.

Section 23.04 Discretionary Uses

1. In a CCWc District the following uses may be permitted
   1. home based businesses; and
   2. special needs housing.

Section 23.05 Development Requirements

1. In a CCWc District subdivision is not permitted.
2. Where an existing row house development exists in a CCWc District no person shall modify the size or height of any building, until such time as the entire development is to be redeveloped in accordance with the development requirements below.
3. The maximum site coverage of the primary building(s), including an attached garage is 40% of the site area.
4. With regard to building height:
   1. the maximum overall building height to the ridge line as measured from grade is 13.5 m with a maximum eaveline of 6.75 m above grade at all four sides of the building;
5. With regard to a building roof the primary roof slope shall fall within a plane that slopes inwards at a 45-degree angle from the maximum eaveline on all four sides of the building.
6. With regard to building setbacks:
   1. for Block 38, Lots 2 through 7 inclusive, and Block 40, Lots 62 through 85 inclusive:
      1. the front setback is 3.5 m;
      2. the side setback is 3.5 m; and
      3. the rear setback is 7.5 m.
   2. for Block 39, Lots 14 through 21 inclusive and Lot 48:
      1. the front setback is 3.5 m;
      2. the side setback is 3.5 m; and
      3. the rear setback is 10.5 m.
7. With regard to accessory buildings:
   1. 1 detached accessory building is permitted on a site;
   2. the maximum site coverage is 7.5 m²;
   3. the maximum overall building height to the ridge line as measured from grade is 3.5 m with a maximum eave line of 2.0 m on all four sides of the building;
   4. an accessory building shall be located
      1. at the rear of the site;
      2. a minimum of 1.5 m clear of all projections from the primary building; and
      3. a minimum of 1.0 m from the rear and side property lines; and
      4. the accessory building shall not contain a bedroom, a kitchen, or a living room.
8. In addition to the landscaping requirements of Section 7.13 a minimum of 15% of the site shall be soft landscaped.
9. In addition to the above:
   
   1. no CCWc development shall be permitted which:
      1. provides more than 1 kitchen per dwelling unit.
10. Sites designated CCWc District that are not specifically identified in the above are subject to the restrictions of the R3a District in terms of site coverage, height, and setbacks.

Section 24.01 General

1. All developments in an I District shall comply with the requirements of this Section.

Section 24.02 Purpose

1. The purpose of the I District is to provide for a wide variety of uses of an institutional, governmental, educational or community service nature.

Section 24.03 Permitted Uses

1. In the I District there shall be no permitted uses.

Section 24.04 Discretionary Uses

1. In an I District the following uses may be permitted;
   1. community recreation facilities;
   2. child care facilities;
   3. community kitchens;
   4. government services;
   5. medical treatment services;
   6. protective and emergency services;
   7. public assemblies;
   8. public education services;
   9. public libraries and cultural exhibits;
   10. public parking areas;
   11. public parks;
   12. religious assemblies;
   13. retail stores and food concessions incidental to the primary use;
   14. special needs housing;
   15. staff accommodation; and
   16. utility services.

Section 24.05 Development Requirements

1. The minimum site dimensions shall be no less than that of the most restrictive adjacent district.
2. Development in this district shall comply with the requirements of the most restrictive adjacent district, except the superintendent may vary those requirements in response to characteristics fundamental to the nature of the use where there is an identifiable community benefit.
3. Where the superintendent varies the requirement, the development’s design, siting, landscaping, screening and buffering shall minimize and compensate for any objectionable aspects of potential incompatibility with development in adjacent districts.
4. Where public parking is developed, the requirements set out in Section 7.03 and Section 7.04 apply.

Section 25.01 General

1. All developments in a PS District shall comply with the requirements of this Section.

Section 25.02 Location

1. The purpose of the PS District is to provide for government, transportation services and parking areas.

Section 25.03 Permitted Uses

1. In a PS District the following uses shall be permitted:
   1. government services;
   2. transportation services; and
   3. public parking areas.

Section 25.04 Discretionary Uses

1. In a PS District the following uses may be permitted
1. accessory buildings;
2. eating establishments incidental to the primary use;
3. public libraries and cultural exhibits;
4. public washrooms;
5. resident oriented services; and
6. retail stores incidental to the primary use.

Section 25.05 Development Requirements

1. Development in a PS District shall comply with the requirements of the C1 District, except the superintendent may vary those requirements in response to characteristics fundamental to the nature of the use where there is an identifiable community benefit.
2. (b) With regard to accessory buildings:
   1. accessory buildings shall be evaluated on their merits by the superintendent; and
   2. the appropriate development requirements shall be established to the approval of the superintendent having regard to site coverage, density, height, roof, setbacks, projections into setbacks, and materials.
3. In addition to the design requirements of Section 7.01, all new development including accessory buildings shall be compatible with the design of the historic train station.
4. Where public parking is developed, the requirements set out in Section 7.03 and Section 7.04 apply.

Section 26.01 General

1. All developments in an O District shall comply with the requirements of this Section.

Section 26.02 Location

1. The purpose of the O District is to provide open space for recreational uses and cultural heritage presentation and environmental protection.

Section 26.03 Permitted Uses

1. In an O District the following uses shall be permitted
   1. outdoor recreational services;
   2. playgrounds; and
   3. public parks.

Section 26.04 Discretionary Uses

1. In the O District, the following uses shall be discretionary:
   1. accessory buildings; and
   2. utility services.

Section 26.05 Development Requirements

1. All development is prohibited except accessory buildings necessary to support recreational and utility uses or required for the maintenance of open space.
2. With regard to an accessory building:
   1. 1 accessory building may be permitted on a site;
   2. the maximum site coverage is 56 m²; and
   3. the maximum overall building height to the ridge line as measured from grade is 4.5 m with a maximum eave line of 2.5 m on all four sides of the building.

Section 27.01 General

1. All developments in the RY District shall comply with the requirements of this Section. 

Section 27.02 Purpose

1. The purpose of the RY District is to regulate development consistent with its use for railway services.

Section 27.03 Permitted Uses

1. In the RY District railway services shall be permitted

Section 27.04 Discretionary Uses

1. In the RY District the following uses may be permitted
   1. storage areas; and
   2. utility services.

Section 27.05 Development Requirements

1. Appropriate development requirements having regard to site coverage, density, height, roof, setbacks, projections into setbacks, accessory buildings, parking, loading and unloading facilities, and staff housing shall be established to the approval of the superintendent.
2. In addition to the design requirements of Section 8.01, all new buildings shall be compatible with the design of the historic train station.

Section 28.01 Purpose

1. The purpose of the RR District is to hold these lands in reserve for future residential development.

Section 28.02 Development Requirements

1. The appropriate development requirements having regard to subdivision, density, site coverage, height, roof, setbacks, projections into setbacks, garages and accessory buildings shall be established to the approval of the superintendent.
2. The minimum site density shall be 37 units per ha.

Section 29.01 Purpose

1. The purpose of the CR District is to provide for the development of non-commercial uses including housing.

Section 29.02 Development Requirements

1. Appropriate development requirements with regard to use, subdivision, density, site coverage, height, roof, setbacks, projections into setbacks, garages and accessory buildings shall be established to the approval of the superintendent.

Section 30.01 Home Based Business General

1. All home based businesses in the Town of Jasper shall conform to this Section.

Section 30.02 Approval Required

1. A Home Based Businesses is a Discretionary Use and all requirements of these Policies with respect to Discretionary Use shall apply.
2. No person shall operate a Home Based Business without a valid Discretionary Use Permit.

Section 30.03 Discretionary Use Permit Application Requirements for Home Based Businesses

1. Every application for a Discretionary Use Permit for a home based business shall be made on a form provided by the superintendent, and be signed by the applicant.
2. The superintendent shall refuse to accept a Discretionary Use Permit application where the information required in the following has not been supplied or where, in the opinion of the superintendent, the quality of the material supplied is inadequate to properly evaluate the application.
3. Discretionary Use Approval:
   1. A Home Based Business that involves client visitation requires the application to be reviewed before the Planning and Development Advisory Committee to obtain a Discretionary Use Permit.
   2. A Home Based Business, that does not involve client visitation, may be issued a Discretionary Use Permit without appearing before the Planning and Development Advisory Committee, if, in the opinion of the Superintendent, the business clearly conforms to all policy requirements.
4. Every application for a Discretionary Use Permit shall be accompanied by
   1. written confirmation that the applicant is the lessee of the site, or for uses other than a Private Home Accommodation, a letter of authorization from the lessee of the site authorizing the applicant to apply on the lessee’s behalf;
   2. proof of eligible residency;
   3. detailed description of the business and services to be provided including parking and storage requirements, and client visitation, and
   4. dimensioned and scaled: floor plans of the dwelling unit, floor plans of the area of dwelling to be used for the Home Based Business; and site plan of any additional on-site parking for the Home Based Business if required; and
   5. proof of compliance with all applicable legislation, regulations, code standards, policies, and guidelines.

Section 30.04 General Home Based Business Requirements

1. A home based business shall not be permitted, if in the opinion of the superintendent, it would be more appropriately located in a commercial district.
2. No more than one (1) Home Based Business that involves client visitation shall be permitted per dwelling unit.
3. Discretionary Use Permits for Home Based Businesses are not transferable between properties or lessees.
4. A home based business Discretionary Use Permit or employment by a home based business shall not grant eligible resident status.
5. No persons other than residents of the dwelling unit may be employed by the Home Based Business.
6. Any changes to an existing Home Based Business Discretionary Use Permit shall require a re-application for a new Discretionary Use Permit.
7. All site planning requirements shall be met before a Discretionary Use Permit for home based business is approved.
8. A home based business shall be conducted in the primary dwelling and not in an accessory building or in the surrounding yard.

Section 30.05 Home Based Business Specific Requirements

1. All Home Based Businesses shall comply with the following:
   1. no variation from the residential character and appearance of land or buildings shall be permitted;
   2. no offensive noise, vibration, smoke, dust, odours, heat, glare, electrical or radio disturbance shall be produced by the home based business;
   3. at all times the privacy and enjoyment of adjacent dwellings shall be preserved and the home-based business shall not adversely affect the amenities of the neighbourhood;
   4. a Home Based Business, excluding a Private Home Accommodation, shall occupy no more than 10% of the gross floor area of a dwelling unit including associated storage of materials, goods, supplies, or equipment;
   5. a Home Based Business that involves client visitation is required to provide a minimum of one (1) additional on-site parking stall to be provided for the clients;
   6. the home based business shall not occupy a required on-site parking space;
   7. the home based business 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;
   8. for a site not abutting a lane, a Home Based Business required on-site parking stall may be located within the front setback if it does not interfere with other requirements of this Policy including the required front yard soft landscaping for the site;
   9. materials, goods, supplies or equipment related to the home based business shall be stored inside the dwelling or an accessory building;
   10. no signs advertising home based businesses, other than those required by a Private Home Accommodation, shall be permitted;
   11. no retail sales shall be permitted in a Home Based Business which involves client visitation; and
   12. no more than one commercial vehicle used in conjunction with a Home Based Business shall be parked or maintained on site.
   13. If required, the area of a dwelling unit used for a Home Based Business may be inspected by an inspection agency approved by the superintendent and must pass the inspection prior to a Home Based Business Discretionary Use Permit being approved. The inspection shall ensure compliance with these Policies, and any other applicable codes and regulations.

Section 30.06 Private Home Accommodation

1. In addition to all of the Home Based Business requirements and the District Development Requirements in which the Private Home Accommodation is located a Private Home Accommodation shall:
   1. be a secondary use within a dwelling unit in a one-unit or a two-unit dwelling unless approved under 30.06 (a)(vi);
   2. only be allowed in those Districts where it is identified as a discretionary use in these Policies.
   3. Persons, excluding corporate entities, operating a Private Home Accommodation shall be the lessee of record and shall reside in the Dwelling Unit as their primary residence;
   4. Persons operating a private home accommodation prior to the coming into effect of these Policies may continue to operate up to three bedrooms. Persons operating a private home accommodation after the coming into effect of these Policies may have a maximum of two bedrooms approved. In both instances, no more than six guests per night shall be permitted if one full bathroom is provided, and no more than eight guests per night shall be permitted if two or more full bathrooms are provided.
   5. Have a total Private Home Accommodation Area that must not exceed 45% of gross floor area of the dwelling it is located within;
   6. Not contain a kitchen, unless constructed as an approved secondary suite through an approved Parks Canada Development Permit and a Parks Canada Building Permit process;
   7. All site development requirements of the district within which the private home accommodation is located shall be met before a development permit for private home accommodation is approved.
   8. In addition to the requirements of Section 7.03 and Section 7.06, persons operating a private home accommodation on or before 1st April 2002 shall, within two years, provide one on-site parking stall for all bedrooms in excess of one, to a maximum of two on-site parking stalls.
   9. In addition to the requirements of Section 7.03 and Section 7.06, persons operating a private home accommodation after 1st April 2002 shall provide one on-site parking stall for each licensed room of private home accommodation.
   10. Persons operating a private home accommodation shall maintain required on-site parking stalls to the satisfaction of the superintendent. Determination of the required number of parking stalls shall be at the discretion of the superintendent.
   11. Any changes to an existing private home accommodation will require a re-application for a new development permit.
2. The types, maximum number, and sizes of signs permitted for Private Home Accommodation are as follows:
   1. a maximum of three signs are permitted;
      1. one approved Private Home Accommodation identifier sign issued with the business license that must be displayed at all times when the private home accommodation is open for business;
      2. one wall sign mounted on the dwelling only, and limited to 0.5 m²; and
      3. one vacancy sign, either free standing or affixed to the fence and displayed on the property line, or affixed to the dwelling, and limited to .35 m², and providing no other information beyond vacancy;
      4. with regard to freestanding signs, the top of the sign shall be no higher than 1.8m above grade; and
      5. no signs may be displayed above the first storey.

Section 31.01 Accessory Dwelling Units General

1. All Accessory Dwelling Units in the Town of Jasper must comply with the requirements of Section 31.
2. Accessory Dwelling Units may not be condominiumized, subdivided from an existing site, or assigned separately from the primary dwelling through a tenant in common arrangement or otherwise.
3. An Accessory Dwelling Unit may only be occupied by eligible residents, as defined in the National Parks of Canada Lease and Licence of Occupation Regulation (SOR/92-25). Secondary Suites may not be rented, or made available for, periods less than 30 days.
4. Garden or garage suite may not be rented, or made available for, periods less than 30 days.
5. No additional on-site parking shall be required for an accessory dwelling unit as long as the site has a minimum of One (1) required on-site parking stall for each primary dwelling unit. For sites without back lane access, additional on-site parking to accommodate an accessory dwelling unit may be located in the front setback as long as it does not conflict with the required front yard landscaping requirements of the district it is located within.

Section 31.02 Requirements for Secondary Suites

1. A secondary suite may be no more than 45% of the gross floor area of the dwelling unit within which it is located.
2. A maximum of one secondary suite per primary dwelling unit shall be permitted on a site.
3. A Secondary Suite must have its own direct access route to the outdoors. For the purposes of providing access to a secondary suite only, the following are permitted forms of access:
1. An interior connecting stairway or doorway accessing onto an enclosed entrance hall or vestibule;
2. An exterior stairway providing independent access to the basement or second floor from outside the building, provided the stairway is not located on the face of the primary dwelling unit facing the front property line, and forms the only access route to the secondary suite; and
3. An exterior doorway accessing onto an independent route of travel to the secondary suite, provided the doorway is not located on the face of the primary dwelling unit facing the front property line.
4. In addition to the above, for the R4 (Compact Lot District) - Unenclosed steps providing entry exclusively to a basement or first floor of a principal building may project over or into a rear setback or side setback, provided it does not project into or over the front setback.

Section 31.03 Requirements for Garage and Garden Suites

1. A maximum of 1 Garage Suite or Garden Suite per primary dwelling unit shall be permitted on a lot.
2. A leaseholder may build a Garden Suite on a lot in lieu of one or two of the garages permitted on a lot, or convert an existing garage into a Garden Suite.
3. A garage that does not have a Garage Suite or Garden Suite shall adhere to all of the policy requirements for a garage in the District it is located within.
4. A Garage Suite or Garden Suite must have an unobstructed hardened (concrete or sidewalk blocks) sidewalk accessible from the front public street to the exterior Garage Suite landing or to the entrance of the Garden Suite, with a maximum distance of 30 metres (unless exceedance approved by the Municipality of Jasper Fire Department), for emergency service access
5. A Garage Suite or Garden Suite must have the civic address of the Garage Suite or Garden Suite clearly visible at the front of the Site as viewed from the street.
6. If located on a Site with back lane access, the exterior entrance may not face the back lane;
7. The following requirements apply to Garage Suites. A garage suite:
1. May have exterior stairways to the Garage second floor;
2. If located on a Site with back lane access, the suite’s unenclosed exterior stairway may not face the back lane;
8. A structure built to house a Garden Suite or Garage Suite shall
1. adhere to the garage location, minimum setbacks from property lines, and maximum site coverage of the District it is located within as stated within this Land Use Policy.
2. have a maximum height to the ridge line as measured from grade of 6.6 m with a maximum eave line height of 3.5m on at least two opposite sides of the structure.
3. If it has dormers, have dormers be no more than 50% of the building width on the front or back elevations and be no more than 75% of the building width on either side elevation.