7.120 No Development Permit Required

1.1. All development requires a Development Permit, except for those listed in Subsections 1.4 through 9.
1.2. Minor developments within a Direct Control Zone that are similar to other developments specified in Subsections 1.4 through 9 do not require a Development Permit.
 
1.2.1. Despite Subsection 1.2, in case of a conflict between this Section and the applicable Direct Control Zone, the regulations of the Direct Control Zone prevail.
1.3. Despite Subsection 1.1, a Development Permit is required for the following developments on Sites located within the North Saskatchewan River Valley and Ravine System Protection Overlay where the applicable Zone includes 1 or more Residential Uses:
 
1.3.1 Accessory buildings, Platform Structures or structures, or the removal of an Accessory building, Platform Structure, or structure;
1.3.2. Urban Agriculture Uses;
1.3.3. cisterns, septic tanks, or other underground water and wastewater retention facilities; and
1.3.4. Water Retention Structures.
1.4. Any Use authorized by the City Manager on a temporary basis where a state of local emergency has been declared by Council does not require a Development Permit for the duration of that state of local emergency.

 

2.1. Demolition of a building or structure where a Development Permit has been issued for a new development on the same Site, and the demolition of the existing building or structure is implicit in that Development Permit.

 

3.1. An Accessory building less than or equal to 10.0 m2 in area, provided it:
 
3.1.1. complies with the regulations of this Bylaw;
3.1.2. is not in the NA Zone; and
3.1.3. is not a Hen Enclosure.
3.2. A temporary structure, provided it is implicit to the construction or alteration of a building, where that building has a Development Permit.
3.3. An accessibility ramp, provided it complies with the regulations of this Bylaw.
3.4. Minor structures less than or equal to 2.0 m in Height that are Accessory to a Residential Use, such as a barbecue, bird feeder, dog house, lawn sculpture, or Water Retention Structure.
3.5. Trails and paths, including pedestrian and fitness trails and paths, on a Site within the area of application of the North Saskatchewan River Valley and Ravine System Protection Overlay, that have been deemed essential by Council.
3.6. A Solar Collector that complies with the regulations of this Bylaw, and is mounted on a building that is not listed on the Inventory or Register of Historic Resources in Edmonton.

 

4.1. Interior alterations and maintenance to a residential building, including mechanical or electrical work, provided that such alterations and maintenance do not result in:
 
4.1.1. a change in the number of Dwellings, within the building or on the Site;
4.1.2. the operation of a Lodging House or an increase in the number of Sleeping Units in a Lodging House;
4.1.3. a change of Use; or
4.1.4. the addition of a new Use except a Home Based Business that complies with Subsection 4.6.
4.2. The construction of any Fence, wall or gate, provided that the construction and placement of the structure complies with this Bylaw.
4.3. The construction of Privacy Screening, provided that the construction and placement of the structure complies with this Bylaw.
4.4. The parking or storage, or both, of any uninhabited Recreational Vehicle in a residential Zone, where parking or storage complies with Subsection 5 of Section 5.120.
4.5. A Platform Structure or unenclosed step, including a landing, that is located entirely within a Rear Yard or Interior Side Yard, and is 1.2 m or less in Height, above the ground at its highest point excluding railings, which complies with this Bylaw.
4.6. A Home Based Business, including Home Based Child Care, if:
 
4.6.1. it is a Permitted Use in the Zone or a listed Use in a Direct Control Zone;
4.6.2. it complies with the regulations of this Bylaw;
4.6.3. the only on-Site employees of the Home Based Business live in the associated Dwelling;
4.6.4. the maximum number of business associated visits per day is 6, except that this does not apply to Home Based Child Care;
4.6.5. the external appearance of the Dwelling and any Accessory building are unchanged, excluding Signs in compliance with Subsection 4.6.6; and
4.6.6. any Fascia Sign advertising a Home Based Business complies with Subsection 8.12.

 

5.1. A change of Use, provided that:
 
5.1.1. it is a change of Use from 1 or more non-Residential Uses to 1 or more of the following Uses:
 
5.1.1.1. Community Service, excluding Year-round Shelter and Seasonal Shelter;
5.1.1.2. Food and Drink Service;
5.1.1.3. Health Service;
5.1.1.4. Indoor Sales and Service;
5.1.1.5. Library;
5.1.1.6. Minor Indoor Entertainment; or
5.1.1.7. Office;
5.1.2. it does not result in exterior alterations to the building or Site;
5.1.3. it does not result in additional Floor Area to the building;
5.1.4. the new Use is a Permitted Use in the Zone or is a listed Use in a Direct Control Zone; and
5.1.5. it complies with regulations that restrict the size and location of the Use in the applicable Zone.

 

6.1. Interior alterations and maintenance to a non-Residential building, including mechanical or electrical work, provided that there is no:
 
6.1.1. change of Use;
6.1.2. change to the intensity of the Use; or
6.1.3. addition of a new Use,
except in accordance with Subsection 5.1.
6.2. An Accessory Community Services Use, limited to cultural, religious or spiritual activities, provided that the development does not result in: 
 
6.2.1. exterior alterations to the building or Site; or
6.2.2. additional Floor Area to the building. 
6.3. Buildings for Agriculture Uses, except those used as Dwellings.
6.4. Flood control and hydroelectric dams.
6.5. A Protected Natural Area Use that does not include a new building or structure.
6.6. The Use of a building or part of a building as a temporary polling station, Returning Officer's headquarters, candidate's campaign office, or any other official temporary Use in connection with a federal, provincial or municipal election, referendum, or census.
6.7. The construction and maintenance of an Essential Utility development.
Telecommunications and Transmitting Structures
6.8. The construction and placement of towers and poles, television and other communications aerials, masts or transmitting structures, where they are located on a Site that is not Zoned residential.
Special Events
6.9. A Special Event that complies with Subsections 3, 4, 5 and 6 of Section 6.100 and:
 
6.9.1. is on a Site owned by the City of Edmonton Zoned A, BP, PS, PSN, PU, UF or a River Valley Special Area Zone;
6.9.2. is for the purpose of seasonal plant sales Accessory to a non-Residential Use and complies with Subsection 2 of Section 6.100; or
6.9.3. does not exceed 7 consecutive days, or 7 cumulative days per calendar year.
Outdoor Patio Spaces
6.10. Exterior alterations for the development of a patio that is Accessory to a Bar, Food and Drink Service, or Custom Manufacturing Use in the form of microbreweries, wineries and distilleries, that is operating under an existing valid Development Permit, or that is exempt from requiring a Development Permit under Subsection 5.1, where:
 
6.10.1. the new or expanded patio space complies with the requirements of this Bylaw except that the patio space may be located within a Setback, other than a Setback Abutting a Site Zoned residential, despite any regulation prohibiting development within a Setback;
6.10.2. existing trees and shrubs are not removed or damaged;
6.10.3. the required number of designated Barrier-free parking spaces remain available for Barrier-free parking use;
6.10.4. Fences and barriers, planters, and Platform Structures such as decks or stages comply with this Bylaw and are less than or equal to 1.3 m in Height;
6.10.5. no part of the patio, including exit gates, opens or encroaches into road right-of-way, unless approval is given by the appropriate City department; and
6.10.6. the use of any audio-visual equipment, including but not limited to television, speakers, and video displays are:
 
6.10.6.1. not installed at a Height greater than 2.1 m, measured from the highest portion of the device, including any structural posts, to the ground directly beneath the device at that point;
6.10.6.2. not attached to a building;
6.10.6.3. facing away from vehicle traffic; and
6.10.6.4. not arranged consecutively to create a wall or visual barrier where adjacent to a Street.
Outdoor Retail Spaces
6.11. Exterior alterations for the development of an outdoor retail space that is Accessory to an Indoor Sales and Service Use that is operating under an existing valid Development Permit or that is exempt from requiring a Development Permit under Subsection 5.1, where:
 
6.11.1. all aspects of the new or expanded outdoor retail space comply with this Bylaw except that the retail space may be located within a Setback other than a Setback Abutting a Site Zoned residential, despite any regulation prohibiting development within a Setback;
6.11.2. existing trees and shrubs are not removed or damaged;
6.11.3. the required number of designated Barrier-free parking spaces must remain available for Barrier-free parking use;
6.11.4. Fences and barriers, planters, and Platform Structures such as decks or stages comply with this Bylaw and are less than or equal to 1.3 m in Height;
6.11.5. neither the sale nor on-site consumption of alcohol, tobacco, or Cannabis are taking place within the outdoor retail space;
6.11.6. cooking and food and drink preparation areas are not within an outdoor retail space;
6.11.7. no part of the outdoor retail space, including exit gates, opens or encroaches into road right-of-way, unless approval is given by the appropriate City department; and
6.11.8. there are no outdoor speakers or amplification systems within the outdoor retail space.

 

7.1. Landscaping, where the existing Grade and natural surface drainage pattern are not materially altered, provided the Landscaping complies with Section 5.60, except where Landscaping forms part of a development that requires a Development Permit
7.2. A Park Use that:
 
7.2.1. is on a Site Zoned PS, PSN, A, NA, UF, BP where the development is or will be carried out under the provisions of a development agreement with the City of Edmonton;
7.2.2. complies with the regulation of the Zone; and
7.2.3. does not include the development of buildings or structures greater than 10.0 m2.
7.3. An Urban Agriculture Use that:
 
7.3.1. is a Permitted Use in the Zone or a listed Use in the Direct Control Zone;
7.3.2. complies with the regulations of the Zone;
7.3.3. is located outdoors or within an existing building with a valid Development Permit and which does not result in exterior alterations to the building; and
7.3.4. does not include the development of buildings or structures greater than 10.0 m2.
7.4. A Parking Facility Use that:
 
7.4.1. does not result in exterior alterations to the Site, Surface Parking Lot or Parkade; and
7.4.2. does not result in additional Floor Area within a Parkade or Surface Parking Lot, where applicable.

 

General Sign Exemptions
8.1. An official notice, Sign, placard or bulletin required or permitted to be displayed in compliance with federal, provincial or municipal legislation.
8.2. A Sign used for the direction or control of traffic or pedestrian or active mobility users’ movement, where authorized by the City department responsible for transportation planning.
8.3. A Rezoning Amendment application Sign required by Section 7.50.
8.4. A Development Permit notification Sign required by Section 7.160.
8.5. Municipal address numbers or letters displayed on the premises to which they refer.
8.6. A Flag.
8.7. A Mural.
8.8. A Mural Sign:
 
8.8.1. where the text is limited to the artist’s name, benefactor or mural sponsor, and is less than 10% of the Sign Area; or
8.8.2. where the text includes the artist’s name and historical, cultural, educational or wayfinding information and is less than 25% of the Sign Area.
8.9. Seasonal or Holiday Decorations.
8.10. A Sign placed inside a building that is intended to be viewed from within the interior of that building.
8.11. A Sign associated with a Special Event that complies with Subsection 7 of Section 6.100.
8.12. A Fascia Sign associated with a Home Based Business that:
 
8.12.1. is non-illuminated and does not include Digital Copy;
8.12.2. is less than or equal to 0.3 m x 0.4 m; and
8.12.3. complies with applicable regulations in this Bylaw.
8.13. A Sign associated with Urban Agriculture that:
 
8.13.1. is non-illuminated and does not include Digital Copy;
8.13.2. has a maximum Sign Area of 1.0 m2; and
8.13.3. is less than or equal to 1.5 m in Height.
8.14. A Ground Sign that:
 
8.14.1. complies with Subsection 3 of Section 6.90;
8.14.2. is less than or equal to 3.0 m in Height;
8.14.3. is located on the interior of a Site; and 
8.14.4. is not intended to be viewed from the Abutting Street or Alley.
8.15. Unless otherwise stated in this Bylaw, changing the Copy of an existing Sign that has a valid Development Permit, provided it does not change the:
 
8.15.1. Use;
8.15.2. location;
8.15.3. size;
8.15.4. Height;
8.15.5. general design of the overall Sign; or
8.15.6. method of illumination.
8.16. A Temporary Sign that:
 
8.16.1. contains On-premises Advertising used for real estate sales or leasing;
8.16.2. is non-illuminated and does not include Digital Copy;
8.16.3. is less than or equal to 2.0 m in Height; and
8.16.4. has a maximum Sign Area of 5.0 m2.
8.17 A Temporary Sign that: 
 
8.17.1. contains On-premises Advertising;
8.17.2. is non-illuminated and does not include Digital Copy;
8.17.3. is implicit to the construction or alteration of a development, where the development has a valid Development Permit; and
8.17.4. is on the Site for no longer than the duration of the construction or alteration.
Specific Sign Exemptions in Residential Zones
8.18. A Temporary Sign that:
 
8.18.1. is located in a residential Zone;
8.18.2. is non-illuminated;
8.18.3. is a Directional Sign;
8.18.4. is less than or equal to 1.2 m in Height; and
8.18.5. has a maximum Sign Area of 1.0 m2.
8.19. A maximum of 2 Ground Signs with On-premises Advertising are permitted at each entrance to a subdivision or neighbourhood provided that:
 
8.19.1. they do not contain Digital Copy;
8.19.2. the Copy is limited to the marketing name of the subdivision and includes the official municipal name of the neighbourhood;
8.19.3. they are located entirely on private property within the area they refer, unless approval is granted by the appropriate City department; and
8.19.4. the marketing name is not the same as an official municipal name previously assigned to another neighbourhood in the City of Edmonton.
Specific Sign Exemptions in Non-Residential Zones
8.20. A Temporary Sign that is a Ground Sign, that:
 
8.20.1. contains On-premises Advertising;
8.20.2. is located in a non-residential Zone;
8.20.3. does not contain Digital Copy;
8.20.4. is less than or equal to 1.5 m in Height; and
8.20.5. has a maximum Sign Area of 1.0 m2.
8.21. A Window Sign that:
 
8.21.1. contains On-premises Advertising;
8.21.2. is located in a non-residential Zone;
8.21.3. is a Temporary Sign installed for less than 30 days;
8.21.4. does not contain Digital Copy; and
8.21.5. complies with applicable regulations in this Bylaw.
8.22. A maximum of 1 Banner Sign per individual business premises announcing the opening of a new business, closing of a business, or change in management that:
 
8.22.1. contains On-premises Advertising;
8.22.2. is located in a non-residential Zone;
8.22.3. is installed for less than 30 days;
8.22.4. is not installed on or above a roof or parapet of a building; and
8.22.5. has a maximum Sign Area of 5.0 m2.
8.23. A Fascia Sign that:
 
8.23.1. contains On-premises Advertising;
8.23.2. is located in a non-residential Zone;
8.23.3. is non-illuminated; and 
8.23.4. is less than or equal to 0.5 m2 in Sign Area.
8.24. A maximum of 3 Flag Signs per Site that:
 
8.24.1. contain On-premises Advertising;
8.24.2. are located in a non-residential Zone;
8.24.3. do not extend higher than the maximum Height allowed for a Freestanding Sign as specified in Section 6.90; and
8.24.4. have a maximum Sign Area of 2.0 m2.

 

9.1. Within Edmonton South Special Area, a Development Permit is not required for the following, provided they comply with all relevant regulations of this Bylaw:
 
9.1.1. An accessory building less than or equal to 10.0 m2 in area and 2.0 m in height.
9.1.2. Agriculture, Extensive; Agriculture, Livestock or Agriculture, Horticulture Use, structure, excavation or building in a district where the Use is listed as permitted, including but not limited to a barn, hay shed, machine shed, livestock shelter, granary, dugout, and the outdoor storage of equipment, supplies and products directly associated with the agricultural operation, but not including a dwelling. Despite the foregoing, these exemptions do not apply to Cannabis or any Cannabis related Uses.
9.1.3. A deck up to 40.0 m2 with a floor level less than or equal to 0.6 m above building grade.
9.1.4. The demolition of a building or structure where the demolition is implicit in an issued development permit for new development on the Site.
9.1.5. A fence, gate, or wall less than or equal to 2.0 m in height, or in a non-residential area a chain-link security Fence less than or equal to 2.5 m in height.
9.1.6. A foster home approved by the Province.
9.1.7. A Home Based Business – Type 1.
9.1.8. An interior building alteration, provided the alteration is not a structural alteration and does not increase the number of dwellings or the intensity of a non-residential Use.
9.1.9. Landscaping, including sidewalks, driveways, retaining walls, and patios, where the existing lot grade and natural drainage pattern is not significantly altered and will not create off-site impacts.
9.1.10. Outdoor storage of 2 unlicensed vehicles per dwelling provided such storage is not within a front yard.
9.1.11. Play structures less than or equal to 10.0 m2 in area and 3.0 m in height.
9.1.12. Construction of municipal improvements in accordance with a valid development agreement, or exempted under provincial or federal legislation.
Signs
9.1.13. Signs, in accordance with the regulations of Subsection 6 of Section 3.60 and limited to the following:
 
9.1.13.1. election signs, official notices, signs placards or bulletins required or
permitted to be displayed pursuant to the provisions of federal, provincial or municipal legislation;
9.1.13.2. signs erected by and relating to the function of public or quasi-public bodies;
9.1.13.3. municipal address numbers or letters displayed on premises to which they refer;
9.1.13.4. seasonal or holiday decorations;
9.1.13.5. signs less than or equal to 2.0 m2 for the purpose of identification, direction and warning or relating to an institution of a religious, educational, cultural, recreational or similar character, and limited to 1 sign per lot or building;
9.1.13.6. temporary signs relating to the sale of real estate or agricultural products, on-site construction projects or hiring of workers and less than or equal to 3.0 m2, provided that the signs are removed within 7 days after completion of the events to which the signs relate;
9.1.13.7. temporary signs advertising garage sales, yard sales and events of a similar nature and less than or equal to 1.0 m2 , provided that the signs are removed within 48 hours after the events to which the signs relate;
9.1.13.8. interior window signs in industrial or commercial districts; and
9.1.13.9. signs, no larger than 0.4 m2 , for the direction and control of vehicles, pedestrians and parking.
9.1.14. Clearing, stripping, grading or excavation of land for agricultural purposes, public roads, as an integral part of a project for which a development permit has been issued or as a condition of a development agreement with the City.
9.1.15. A temporary building required for construction, maintenance, alteration or marketing of an approved development, provided it complies with this Bylaw, any other bylaw of the City, or the Airport Vicinity Protection Area Regulation, and it is removed within 30 days of project completion.
9.1.16. The temporary use of a building or part thereof as a polling station, returning officer’s headquarters, candidate’s campaign office and any other official temporary use in connection with a federal, provincial or municipal election, referendum or census.
9.1.17. Developments that are exempted in whole or in part from municipal regulations under provincial legislation, including but not limited to a highway or road, a well or battery within the meaning of the Oil and Gas Conservation Act, and a pipeline or an installation or structure incidental to the operation of a pipeline.
9.1.18. Developments that are exempted in whole or in part from municipal regulations under federal legislation including but not limited to telecommunications systems.
Landscaping
9.1.19. Landscaping,
 
9.1.19.1. where the amount of topsoil or similar material being deposited, is less than or equal to 100 m3, providing that the material deposited is sourced from within the confines of the subject parcel in which the landscaping is to occur, and does not impede or interfere with the natural flow of surface water onto adjacent lands or into public ditches; and
9.1.19.2. where a maximum of 10.0 m3 of topsoil or similar material is being deposited, excluding the Agricultural Edmonton South Zone (AES), in which the regulations of Section 3.61 are applicable.
9.1.20. The storage of 1 personal company vehicle up to a 5 ton capacity, not intended for business use on the premises, within the Agricultural Edmonton South Zone (AES) and the Country Residential Edmonton South Zone (RCES).
9.1.21. The personal storage of 1 personal company vehicle of a maximum 1 ton weight, not intended for business use on the premises in all other zones not specified in Subsection 9.1.20, provided that parking is supplied as specified in Subsection 5.8 of Section 3.60.