Town of Jasper Zoning Regulations (C.R.C., c. 1111)

Existing Hotels

• 15 (1) The provisions of these Regulations applicable to non-conforming structures and non-conforming uses do not apply to any hotel located in a Central Business District on March 28, 1968.

• (2) Where a hotel described in subsection (1) is reconstructed or altered so as to provide more units, the owner thereof shall provide the parking spaces for those units as required by section 42 and where the reconstruction or alteration results in the same or a lesser number of units, no reduction shall be made in the number of parking spaces existing for that hotel on March 28, 1968.

Requirements

• 16 (1) In the Central Business District, no structure other than an accessory building shall be erected unless

  • (a) a comprehensive plan showing the uses to which the entire lot on which the structure is to be located has been approved by the director-general;

  • (b) the width of the side yard on the side of the main building closest to an adjacent dwelling, church or church hall in a Public Open Space District, a One-Family Dwelling District, Two-Family Dwelling District or a Multiple-Family Dwelling District is at least 10 feet and the width of any other side yard, if provided, is at least three feet;

  • (c) the height of the structure does not exceed 9 m; and

  • (d) off-street parking and loading spaces are provided as required by sections 42 and 44.

• (2) The requirements set out in subsection 7(3) apply to detached accessory buildings in a Central Business District.

Tourist Commercial District

Permitted Uses

17 In a Tourist Commercial District, the following uses are permitted:

• (a) automobile leasing agencies, excluding uses for the servicing and storage of automobiles to be leased;

• (b) automobile service stations;

• (c) churches;

• (d) cocktail lounges, gift shops and dining rooms constructed as part of a hotel, motel or service station structure;

• (e) community centres;

• (f) hotels;

• (g) motels and motor hotels;

• (h) parks or playgrounds;

• (i) public parking areas;

• (j) public utility installations excluding any uses that are primarily of a maintenance or storage nature;

• (k) restaurants, coffee shops and dining rooms;

• (l) office buildings; and

• (m) uses and buildings necessarily incidental to any use permitted in this district.

Requirements

• 18 (1) In a Tourist Commercial District, no person shall erect an automobile service station unless

  • (a) the lot area is at least 15,000 square feet;

  • (b) the front, side and rear yards depths are at least

    • (i) 15 feet, when measured from the pumps or any other structures used for selling oil or gas, and

    • (ii) 25 feet, when measured from the main building;

  • (c) the height of the building or structure does not exceed two storeys or 30 feet, whichever is the lesser;

  • (d) vehicular access to the lot is provided by way of entrances and exits having a width of at least 25 feet and not more than 30 feet; and

  • (e) a curb or barrier is provided and maintained on or near all street lot lines so as to prevent vehicles from entering or leaving the lot other than by way of the entrances and exits mentioned in paragraph (d).

• (2) In a Tourist Commercial District, no person shall erect a structure other than a detached accessory building unless

  • (a) the lot area is at least

    • (i) 20,000 square feet, where the structure is intended for use as a hotel or a motel, with or without a cocktail lounge, gift shop or dining room, and

    • (ii) 10,000 square feet, where the structure is intended for use only as a restaurant, a coffee shop or a dining room;

  • (b) the lot width is at least

    • (i) 150 feet, where the structure is intended for use as a hotel or a motel, with or without a cocktail lounge, gift shop or dining room, and

    • (ii) 100 feet, where the structure is intended for use only as a restaurant, a coffee shop or a dining room;

  • (c) the front yard depth is at least 35 feet;

  • (d) the width of each side yard is at least 10 feet;

  • (e) the rear yard depth is at least 25 feet;

  • (f) the height of the structure does not exceed 10.6 m; and

  • (g) off-street parking is provided as required by section 42.

• (3) The requirements set out in subsection 7(3) apply to detached accessory buildings in a Tourist Commercial District except that no person shall erect a detached accessory building in such a district if the height of the detached accessory building exceeds 20 feet or one storey, whichever is the lesser.

Storage and Services District

Permitted Uses

19 In a Storage and Services District the following uses are permitted:

• (a) bakeries;

• (b) bottling plants;

• (c) building contractors yards;

• (d) bus, truck or freight terminals;

• (e) catering establishments;

• (f) cleaning establishments including dry cleaners, dyers or furriers;

• (g) dairies and creameries;

• (h) fuel and lumber yards, bulk oil storage;

• (i) ice storage;

• (j) laboratories;

• (k) parking areas;

• (l) plumbing and sheet metal shops;

• (m) public garages;

• (n) public utility installations and public buildings;

• (o) retail stores, only if such use is incidental to another use permitted in this district;

• (p) service shops;

• (q) sign manufacturing and painting shops;

• (r) staff accommodation related to the operation and maintenance of Jasper National Park of Canada;

• (s) storage and repair yards;

• (t) uses and accessory building necessarily incidental to any use permitted in this district;

• (u) veterinarian services and facilities;

• (v) wholesale business warehouse or storage buildings; and

• (w) other processing, fabricating and servicing establishments at the discretion of the director-general.

Requirements

• 20 (1) In a Storage and Services District no person shall erect a structure other than a detached accessory building unless

  • (a) the lot area is at least 5,000 square feet;

  • (b) the lot width is at least 50 feet;

  • (c) the front yard depth is at least 20 feet;

  • (d) the width of any side yard on the street side of a corner lot is at least 15 feet;

  • (e) the rear yard depth is at least 20 feet;

  • (f) the height of the structure does not exceed 10.6 m; and

  • (g) off-street parking and loading spaces are provided as required by sections 42 and 44.

• (2) In a Storage and Service District no person shall erect a detached accessory building

  • (a) for dwelling purposes;

  • (b) nearer to the main building than a distance of 10 feet measured clear of all projections;

  • (c) in any front yard and closer than two feet to any side or rear lot line; or

  • (d) with a height in excess of 25 feet.

• (3) The requirements set out in paragraphs (1)(a) to (e) and paragraph (1)(g) apply to the outside storage of goods in a Storage and Services District.

Varying of Requirements

• 21 (1) Notwithstanding anything in these Regulations, the director-general may vary the requirements of these Regulations to the extent provided in subsection (2), where in his opinion

  • (a) the amenity and convenience of the community as a whole will not be adversely affected thereby;

  • (b) the amenity, convenience, character and value of adjoining properties will not be adversely affected thereby;

  • (c) the conditions necessitating a variance in the requirements of these Regulations are unique to the site in question; and

  • (d) the conditions necessitating a variance in the requirements of these Regulations have not been created by the lessee of the lot, his agents or predecessors in title.

• (2) For the purpose of subsection (1), the director-general may authorize

  • (a) an existing building or use that complies with provisions of the district in which it is located to extend into another district if

    • (i) the land into which the use or building is to extend is located adjacent to the existing building or use and is not separated therefrom by a lane or public thoroughfare,

    • (ii) the land into which the use or building is to extend was leased by the owner of the existing building or use on March 28, 1968,

    • (iii) the extension of the building or use encroaches no further than 60 feet into the adjacent district, and

    • (iv) the minimum yard and height requirements of the adjacent district are complied with;

  • (b) the addition or enlargement of a non-conforming building or structure if such addition or enlargement complies with all height and area requirements of the district in which it is to be located;

  • (c) in connection with an authorized use in any Storage and Services District such commercial or industrial uses as are purely incidental to such authorized use;

  • (d) permit the variance of the yard requirements set out in sections 7, 9, 11, 16, 18 and 20; and

  • (e) permit side yards of not less than three feet if the eaves of any building constructed thereon do not come nearer to the side lot line than three feet and the building has an average width less than that required by these Regulations for the district in which such lot is located.

General

• 22 (1) Subject to these Regulations, no person shall erect, reconstruct, structurally alter, enlarge or use any structure for any use other than a use permitted by these Regulations in the district in which that structure is located.

• (2) No person shall erect a structure without first obtaining from the director-general instructions as to the grade for that structure.

Non-conforming Structures and Uses

23 No person shall occupy a non-conforming structure, or portion thereof that has remained unoccupied for a continuous period of one year except for a use that conforms with these Regulations.

24 No person shall enlarge a non-conforming structure so as to increase the gross floor area of the structure existing on March 28, 1968 by more than 20 per cent.

25 No person shall rebuild or repair a non-conforming structure that is destroyed or damaged to an extent greater than 50 per cent of the value of the structure unless it is made to conform with the requirements of these Regulations for the district in which it is located.

26 Except for the enlarging, rebuilding or repairing of non-conforming structures referred to in section 24 or 25, no person shall make structural alterations to a non-conforming structure.

27 No person shall change a non-conforming use to another non-conforming use and if any non-conforming use is discontinued, the subsequent use shall conform to these Regulations.