Strathcona County - Interactive Land Use Bylaw
Part 3 : General Regulations
3.3 Accessory development
An accessory building, structure or use shall not be considered without a principal building, structure or use.
An accessory building, structure or use shall be considered a permitted use when accessory to a permitted use and a discretionary use when accessory to a discretionary use.
Development regulations for accessory buildings, structures and uses may be contained within a zone. Should a zone not contain development regulations for accessory buildings, structures and uses, the regulations for principal buildings shall apply.
Despite section 3.3(3), if development regulations for accessory buildings, structures and uses are not contained within a Direct Control zone, the development authority must refer to the regulations in a similar zone for guidance when considering an application.
An accessory building shall not be used as a dwelling, except where authorized by this bylaw.
An accessory building or structure shall not be constructed over an easement or right-of-way.
Where residential lots are located along a lakeshore, the development authority may allow the location of an accessory building or structure in a front yard along a road provided it is consistent with development in the surrounding area.
The height of an accessory building or structure on a lot with non-residential zoning which abuts a lot(s) with residential zoning shall not be higher than the maximum height of a principal building in the residential zone.
In zones that allow for a zero setback to a lot line, an accessory building that is a mutual garage may be developed on the common lot line. The minimum setback from the opposite side lot line shall be in accordance with the regulations of the zone.
The minimum setback required for an accessory building or structure from a side lot line that abuts a flanking road shall be the same as that required for a principal building in the applicable zone.
Despite section 3.3(11), the minimum setback required for an accessory building or structure from a side lot line that abuts a flanking road may be reduced where a fence exists on that side lot line.
An accessory building or structure on a double fronting lot must meet the minimum required setback from a front lot line from both lot lines abutting roads unless it is a residential lot with its access from one street consistent with lots on the same block.
Containers
Containers shall be considered only within agricultural, commercial or industrial zones or within the following zones:
- (a) PC – Conservation
- (b) PG – Golf Course
- (c) PR - Recreation
- (d) PRM – Public Recreation Major
- (e) PS – Public Services
- (f) PU – Public Utilities
- (g) RCL – Low Density Country Residential
In addition to section 3.3(14), Table 3.3(A) lists the maximum number of containers that may be considered in RCL or on a lot with commercial or agricultural zoning.
Table 3.3(A) Maximum Number of Containers
Subsection |
Maximum number of containers |
|
(a) |
Less than 8 ha |
1 |
(b) |
8 ha to 16 ha |
2 |
(c) |
Greater than 16 ha |
4 |
Despite section 3.3(14), a container having may be placed on a driveway or parking lot on a lot in any zone only for the purpose of loading and unloading during the process of moving or renovating. The container shall be located entirely within the subject lot and must not create a sight line obstruction.
A container shall:
- (a) not be located within a required setback from the front lot line or from a side lot line that abuts a flanking road;
- (b) not be stacked one upon another, except if located within the IM, IH, IMH or IHH zones;
- (c) not be used for fencing, screening, for the purpose of advertising, or as a commercial storage use;
- (d) not be located within a required parking area or landscape buffer area; and
- (e) have an exterior finish to match or complement the exterior finish of the principal building or be screened to the satisfaction of the development authority, except if located in an industrial zone.
Solar collectors
A solar collector shall be located on the wall or roof of a building.
Within all residential zones except the R3, R4, and R5 zones, a solar collector mounted on a roof with a pitch of 4:12 or greater may project a maximum of 1.3 m from the surface of the roof and must not extend beyond the outermost edge of the roof.
Within all agricultural, commercial, industrial and institutional zones and the R3, R4, and R5 zones, a solar collector mounted on a roof with a pitch of:
- (a) less than a 4:12 may project a maximum of 2.0 m from the surface of the roof and must be located at least 1.0 m from the edge of the roof.
- (b) 4:12 or greater may project a maximum of 1.3 m from the surface of the roof and must not extend beyond the outermost edge of the roof.
A solar collector that is mounted on a wall:
- (a) shall be located a minimum of 2.4 m above grade; and
- (b) may project a maximum of 0.6 m from the surface of that wall.
Dugouts
A dugout shall meet the minimum accessory development setback requirements of the applicable zone.
A dugout shall not encroach upon or affect or interfere with any watercourse or drainage easement in the opinion of the development authority.
All dugouts that require a development permit shall be designed and built to County standards and policies. The development authority may grant a variance to the slope specifications, provided that a fence is constructed that meets the following requirements:
- (a) minimum height of the fence is 1.2 m, measured from the outside or non-dugout side grade;
- (b) the fence shall be constructed of a material and design so as to limit ease of passage through or over the fence; and
- (c) all gates shall provide self-latching devices to prevent access to the water by unauthorized persons.