rebuilding at a zero lot line after the wildfire information …lot+line+info+pa… · ·...

1 This Information Package is issued by the Regional Municipality of Wood Buffalo’s Planning & Development Department. It has no legal status and cannot be used as an official interpretation of the various bylaws, codes and regulations currently in effect. The Regional Municipality of Wood Buffalo accepts no responsibility to persons relying solely on this information.

Rebuilding at a Zero Lot Line after the Wildfire

Information Package Issued: April 2017

Background

A zero lot line is a residential development approach in which buildings are permitted to be

located immediately adjacent to one or more property lines with no yard between the building

and the property line. Examples of typical zero lot line properties include single detached

dwellings, duplexes and triplexes.

Due to the May 2016 wildfire, several zero lot line properties require rebuilding. Several of these

homeowners have expressed interest in rebuilding single detached dwellings rather than the

duplex or triplex they previously resided in.

The following information package is intended to guide homeowners and contractors through

the process of developing single detached dwellings using a zero lot line development

approach, while remaining compliant with the Regional Municipality of Wood Buffalo’s Land Use

Bylaw and the Alberta Building Code.

Spatial Separations and the Alberta Building Code & Land Use Bylaw

At times there may be overlap between the standards imposed by the Land Use Bylaw and the

Alberta Building Code and one may impose a more stringent standard than the other. This is

because they serve separate and distinct purposes. When it comes to the construction and

spatial separation of buildings, the Alberta Building Code and the Land Use Bylaw must be

adhered to. Standards for minimum spatial separations contained in the Alberta Building Code

will supersede the minimum setbacks imposed by the Land Use Bylaw where the required

spatial separation is greater than the required setback and vice versa.

Building a Single Detached Dwelling: Spatial Separation from the side-yard property line

Homeowners wishing to replace a home destroyed by the wildfire with a single detached

dwelling have several different options for spatial separation from the side yard lot lines, some

of which include building on the zero lot line or building with a reduced side yard. Whether or

not all of these options are available to a homeowner will depend on the Land Use Bylaw district

where the property is located. The options are outlined below along with measures for

compliance with the Alberta Building Code and the Land Use Bylaw.

Option 1: Building the wall 1.2 metres or more from the property line.


This is the traditional spatial separation from the property line when building a

single detached dwelling. There are no additional fireproofing measures required

and local builders tend to be familiar with the relevant provisions contained in the

Alberta Building Code and Land Use Bylaw.

Option 2: Building the wall between 0.9 metres and 1.1 metres from the property line.

For compliance with the Alberta Building Code, the following fireproofing

measures are required:

When the building design proposes an overhang (eave) the projection of the

overhang must be at least 0.45 metres from the property line, positioning the

foundation of the building approximately 0.9 metres from the property line

(depending on the width of the eave).

There can be no windows on the impacted side, unless the window is protected

by labeled closures that carry a 45-minute fire protective rating, such as steel roll

shutters or wire glass glazing with steel frames. It is important to note that it may

be difficult to achieve an energy rating on this type of window.

The impacted side must have a 45-minute fire resistance rating on the inside of

the wall (i.e. fire rated drywall).

Exterior rated drywall must be used under the combustible siding.

Soffits must be unvented.

For compliance with the Land Use Bylaw:

A side yard variance is required to build at the reduced side yard (the Planning &

Development Department will consider granting variances on those lots with a

width less than 7.62 meters, or where a variance is a reasonable response to the

physical characteristics of the lot which are not generally common to other lots in

the immediate vicinity of the proposed use).

The owner must be able to access an area of 1.0 metres for maintenance.

Where the side yard is reduced to 0.9 metres or less, a maintenance easement

agreement with the adjacent property owner is required. The area that an

easement must cover depends on the size of the reduced side yard. For

example, where the building is 0.9 metres from the property line, a 0.1m

easement is required on the adjacent property to ensure a total area of 1.0

metres for maintenance. The easement agreement must also specify that no

driveways, vehicles, structures or storage of chattels shall be permitted in the

easement area. The easement agreement must be registered on title to the

adjacent property and may be registered as an easement or by caveat.


Option 3: Building the wall on the property line or closer than 0.8 metres to the property line.

For compliance with the Alberta Building Code the following fireproofing

measures are required:

There can be no doors on the impacted side.

There can be no windows on the impacted side unless the window is protected

by labeled closures that carry a 45-minute fire protective rating, such as steel roll

shutters or wire glass glazing with steel frames. It is important to note that it may

be difficult to achieve an energy rating on this type of window.

The impacted side must have a 45-minute fire resistance rating on the inside of

the wall (i.e. fire rated drywall).

Exterior rated drywall must be used under the combustible siding.

No overhang (eave) is permitted.

Foundation footings can place over the property line to enable the building wall to

be on the property line.



A 0 metre side yard is only allowed in certain districts. An owner must review the

Land Use Bylaw and Wildfire Recovery Overlay, and consult with the Planning &

Development Department, to determine if their property is in a district that

permits Zero Lot Line development or if a variance may be granted to allow

building at a reduced side yard.

The owner must be able to access an area of 1.0 metres for maintenance.

Where the side yard is reduced to 0.8 metres or less, a maintenance easement

agreement with the adjacent property owner is required. The area that an

easement must cover depends on the size of the reduced side yard. For

example, where the building is 0 metres from the property line, a 1.0 m easement

is required OR where the building is 0.5 metres from the property line, a 0.5

metre easement is required. In both examples, the easement will ensure that an

owner has access to an area of 1.0 metres for the purpose of maintenance. The

easement agreement must also specify that no driveways, vehicles, structures or

storage of chattels shall be permitted in the easement area. The easement

agreement must be registered on title to the adjacent property and may be

registered as an easement or by caveat.

Where foundation footings are proposed to be placed over the property line, an

encroachment agreement with the adjacent property owner is required.


Building on the Adjacent Property

Options 1, 2, and 3 will enable an owner to build a single detached dwelling without negatively

impacting the options available for building a single detached dwelling on the adjacent property.

Where the adjacent property owner also wishes to build a single detached dwelling, the

adjacent wall of their structure must adhere to the spatial separations and requirements outlined

in Option 1 or Option 2.

It may also be possible for an adjacent property owner to build a home that attaches to a

neighboring single detached dwelling already built on the property line. Owners who would like

to explore this option will need to contact the Planning & Development Department to determine

whether this is an option for them.

When building on the adjacent property, care must be taken to prevent damage to a neighboring

home that is under construction or already complete. If damages are caused to a neighbouring

structure, Safety Codes Inspections may be required depending on the nature of the damages

caused.

Additional Options that require a 2.4 metre Maintenance Easement

There are two additional options that an owner may consider for building at or near the property

line without any additional fireproofing measures; however, it is important to be aware that these

options may negatively impact the rebuild options available on the adjacent property and for this

reason, they are generally not recommended by the Municipality.

Option 4: Building the wall flush with the property line with eaves that overhang the property

line and encroach onto the adjacent property.

Option 5: Building the wall offset from the property line with eaves that are flush with the

property line.

For Compliance with the Alberta Building Code:

Option 4 and Option 5 require that a spatial separation of 2.4 metres be

maintained between adjacent structures. An owner wishing to build Option 4 or

Option 5 will be required to obtain an easement agreement from the adjacent

property owner that restricts any development within an area of 2.4 metres from

the property line on the adjacent property. In addition to the easement, a

variance would have to be applied for and approved by Safety Codes Branch.

This variance would then be registered with Alberta Municipal Affairs.

The easement agreement must be registered on title to the adjacent property as

an easement pursuant to section 67 of the Land Titles Act.

The easement agreement must specify that no driveways, vehicles, structures or

storage of chattels will be permitted within the 2.4 metres of separation.



The easement agreement must also include a maintenance easement that

extends a minimum of 1.0 metres from the property line onto the adjacent

property (this requirement may be met in the same easement agreement

contemplated above).

Where the eaves are proposed to encroach on the adjacent property, consent of

the adjacent property owner is required in the form of an encroachment

agreement with the adjacent property owner. The encroachment agreement

must be registered on title to the adjacent property.

Selected Sections from the Building Code

9.10.15.5. Construction of Exposing Building Face of Houses

8) Where the exposing building face has a limiting distance of not more than 0.45 metre,

projecting roof soffits shall not be constructed above the exposing building face (See A-

3.2.3.6.(2) in Appendix A.)

9) Where the exposing building face has a limiting distance of more than 0.45 metre, the face of

roof soffits above the exposing building face shall not project to less than 0.45 metre from the

property line. (See A-3.2.3.6.(2) in Appendix A.)

A-3.2.3.6.(2) Protection of Roof Soffits Near Property Lines. Sentences 3.2.3.6.(2) to (4) and

parallel sentences 9.10.14.5.(5) to (7) and 9.10.15.5.(5) to (7) provide requirements for the

protection of soffits where the soffit of the subject building is located close to the property line or

to an imaginary line between two buildings on the same property.

Fire from inside the roof space of the subject building can exit unprotected soffits and expose

the adjacent building to flames.

Selected Sections from the Land Use Bylaw

Definitions

Zero Lot Line means a residential development approach in which buildings are permitted to be

located on one or more property lines with no yard between the building and the property line.

Lot Width, Irregular means a pie-shaped or other similar irregularly shaped lots whereby either

the front or rear lot lines do not meet the minimum lot width as identified in the appropriate

zoning district.

In this case the lot width shall be determined by the distance measured 6 metres vertical to and

at the midpoint of the front yard lot line between the side lot lines as shown in the figure below.

The arc length measured at the curb shall not be less than 70% of the minimum lot width

(Bylaw No. 04/012).


For a reverse pie lot, the lot width is the horizontal distance between the side lot lines measured

22 metres from the front lot line. For other lots where the lot width cannot be reasonably

calculated by these methods, a Development Officer shall determine the lot width having regard

to access, shape and buildable area of the lot, and the lot width and location of buildings on

abutting lots.

Lot Width, Regular means a lot having both the front and rear lot lines as measured between

the side lot lines that is equal to or greater than the minimum lot width as identified in the

appropriate zoning districts.

Land Use Districts

96. R1S Single Family Small Lot Residential District

96.5 Site Provisions

In addition to the General Regulations contained in Part 5, the following standards shall apply to

every development in this district.

b. Side Yard, Interior (minimum): 1.2 metres

The interior side yard may be reduced to zero on one side of a lot if the following conditions

are met:

i. The owner of the adjacent lot grants a 1.0 metre private maintenance access

easement, including a 0.6 metre eave and footing encroachment easement, along

the affected side of the lot. Such easements are to be registered by caveat against

the title of the adjacent site.

ii. All roof drainage from the residence shall be contained to the lot and diverted to the

municipal storm drainage system by eaves troughs and downspouts or other suitable

means. Surface drainage to the adjacent lot will not be permitted.

iii. The development is designed comprehensively and comprises at least 12 lots.1


97. R2 Low Density Residential District




b. Side Yard, Interior (minimum): 1.2 metres, except for the following:

ii. For a semi-detached dwelling, one (1) interior side yard may be reduced to zero

when a common wall is located on the property line

iii. For a triplex or fourplex, zero for internal units

100. RMH Manufactured Home Residential District




a. Manufactured Home Subdivisions

ii. Side Yard, Interior 1.2 metres on one side (minimum): 3.0 metres on second side

(Bylaw No. 00/073)

The interior side yard may be reduced to zero on one side of a lot if the following conditions are

met:

a. The owner of the adjacent lot grants a 3.0 metres private maintenance access

easement, including a 0.6 metre eave and footing encroachment easement, along the

affected side of the lot. Such easements are to be registered by caveat against the title

of the adjacent site;

b. All roof drainage from the residence shall be contained to the lot and diverted to the

municipal storm drainage system by eaves troughs and downspouts or other suitable

means. Surface drainage to the adjacent lot will not be permitted;

c. The development is designed in a comprehensive manner and is composed of at least

twelve single family lots;1

d. The zero lot line side shall not be located on an exterior side yard.

101. RMH-2 Small Zero Lot Line Manufactured Home Residential District




b. Side Yard:


A minimum of 0.0 metres on one side and a minimum of 3.8 metres on the other side

where:

i. the owner of the adjacent site grants a 3.0 metre private access and maintenance

easement which shall be registered against the title of that adjacent site;

ii. all roof drainage is directed from the building on to the building site by eaves troughs

and downspouts or other suitable means;

iii. it is a requirement of this district that a minimum of 12 lots utilize the zero lot line

concept before an area would be given approval;1 and

iv. on a corner parcel the zero lot line side shall not be located on the street side of the

corner site.

Selected Sections from the Wildfire Recovery Overlay (Part 11 of the

Land Use Bylaw)

(I)(3) Modifications to the application of certain provisions of land use classifications

Within the Overlay Area the following regulations or requirements of land use classifications

shall prevail over provisions of this Land Use Bylaw that apply outside the Overlay Area:

(b) In the R1S (Single Detached Small Lot Residential) district the requirement of a

minimum of 12 lots as set out in the clause 96.5(b)(iii) of this Land Use Bylaw does not

apply.

(c) In the R2 (Low Density Residential) district, the width of only one of the interior side

yards of any lot may be reduced to zero if:

(i) the building design and construction provides for all roof drainage to be

directed to the lot itself (with subsequent flow to the Municipal storm drainage

system) and does not provide for drainage to any adjacent lot; and

(ii) a 1.0 metre wide maintenance easement is obtained from the owner of the lot

adjacent to the reduced side yard, and is registered against the title to that

adjacent lot.

(d) In the RMH (Manufactured Home Residential) district:

(i) the requirement of a 3.0 metre private maintenance easement as set out in

clause 100.5(a)(ii)(a) of this Land Use Bylaw is reduced to a 1.0 metre private

maintenance easement, only in respect of residential lots located within Blocks

28, 29, 30 and 31 of Plan 1347TR, and subject to meeting all relevant

requirements of the Alberta Building Code; and

(iii) the requirement of a minimum of 12 lots as set out in clause 100.5(a)(ii)(c) of

this Land Use Bylaw does not apply.


Development Options Table

Building Code Option Implications

This spatial separation is permitted by the Alberta Building Code and the Land Use Bylaw without any variances or additional fireproofing measures.

Alberta Building Code:

Lot A

No additional fireproofing measures required.

Lot B

When the building design proposes an overhang (eave) then its projection

needs to be at least 0.45 metres from the property line which will position

the building approximately 0.9 metres from the property line depending on

the width of the eave.

There can be no windows on the impacted side, unless the window is

protected by labeled closures that carry a 45-minute fire protective rating,

such as steel roll shutters or wire glass glazing with steel frames.

The wall on the property line must have a 45-minute fire resistance rating (i.e. fire rated drywall inside and out).

Exterior rated drywall must be provided under the combustible siding.

Soffits must be unvented. Land Use Bylaw: Lot A

Complies with the required side yard setback. Lot B

Does not comply with the setback requirements of the Land Use Bylaw

and would require a side yard variance.1

Requires a 0.1 metre private maintenance easement2 registered on title to

Lot A. It is recommended that the easement agreement be registered on

Lot A as an Easement; however, registration by caveat will also be

accepted.

OR Lot B may increase the side yard setback to 1.0 metre. A side yard variance will still be required but there is no requirement for a maintenance easement.



Lot A

No additional fireproofing measures required.

Lot B





The wall on the property line must have a 45-minute fire resistance rating

(i.e. fire rated drywall inside and out).




Land Use Bylaw: Lot A


A 0 metre side yard setback is an option in some districts (an owner should review the Land Use Bylaw and consult with the Planning & Development Department to determine if this is an option for them).

A private maintenance easement2 is required to be registered on Lot A. It is recommended that the easement agreement be registered on Lot A as an Easement; however, registration by caveat will also be accepted.

The roof must be constructed with a pitch and direction that ensures all drainage is contained to Lot B.



Lot A & Lot B


needs to be at least 0.45 metres from the property line which will position

the building approximately 0.9 metres from the property line depending on

width of the eave.






Soffits must be unvented. Land Use Bylaw: Lot A & Lot B

Requires a side yard variance.1

A 0.1 metre private maintenance easement2 must be registered on both Lot A and Lot B. It is recommended that the easement agreement be registered as an Easement; however, registration by caveat will also be

accepted. OR If Lot A and/or Lot B increases the side yard setback to 1.0 metres, a side yard variance is still required but there is no requirement for a maintenance easement on the property adjacent to that with the 1.0 metre side yard.



Lot A


needs to be at 0.45 metres from the property line which will position the

building around 0.9 metres from the property line depending on the eave’s

width (HOWEVER, to comply with spatial separations required by the

Land Use Bylaw the building must be positioned further from the property

line at 1.0 metres)







Soffits must be unvented. Lot B








Soffits must be unvented. Land Use Bylaw Lot A

A minimum 1.0 metre setback is required to allow for maintenance.2 Lot B


Requires a 1.0 metre private maintenance easement2 registered on title to Lot A. It is recommended that the easement agreement be registered as an Easement; however, registration by caveat will also be accepted.




Where neither building has fireproofing measures in place, a minimum spatial separation of 2.4 metres must be maintained between the buildings. Lot A

Complies with the required spatial separation. Lot B

A variance would have to be applied for and approved by Safety Codes Branch.

A 2.4 metre easement must be registered on title to Lot A. The easement agreement must allow access for the purpose of maintenance and restrict any driveways, vehicles, storage or structures on Lot A within the 2.4 metre easement area. The easement must be registered on title to Lot A as an Easement pursuant to section 67 of the Land Titles Act.

Land Use Bylaw Lot A


A 0 metre side yard setback is permitted in some districts.

Requires a minimum 1.0 metre private maintenance easement registered

on title to Lot A (this requirement will be met by the 2.4 metre easement

required above).


The encroachment of eaves onto Lot A must be authorized by the Lot A owner and an encroachment must be registered on title to Lot A.



Where neither building has fireproofing measures in place, a minimum spatial separation of 2.4 metres must be maintained between the buildings. Lot A

Complies with the required spatial separation. Lot B

A variance would have to be applied for and approved by Safety Codes Branch.

A 2.4 metre easement must be registered on title to Lot A. The easement agreement must allow access for the purpose of maintenance and restrict any driveways, vehicles, storage or structures within the 2.4 metre easement area on Lot A. The easement must be registered on title to Lot A as an easement pursuant to section 67 of the Land Titles Act.

Land Use Bylaw Lot A



Requires a minimum 1.0 metre private maintenance easement registered

on title to Lot A (this requirement may be met with the same easement

agreement required above).


1Variances will be entertained on lots with a width less than 7.62 metres or where “a variance is a

reasonable response to the physical characteristics of the lot which are not generally common to other

lots in the immediate vicinity of the proposed use” (section 28.1 (a) of the Land Use Bylaw 99/059).

2The Planning & Development Department determines the required width of a private maintenance

easement by relying on the easement width specified in the Land Use Bylaw for a district when building

at a 0 metre side yard and the side yard width proposed by the homeowner. For example, if the district

requires a maintenance easement of 1.0 metre for building with a 0 metre side yard setback and the

proposed development has a 0.9 metre side yard setback, a 0.1 metre maintenance easement must be

registered on title to the adjacent property. This approach ensures that a total area of 1.0 meters is

maintained between buildings to make sure that property owners have adequate space to maintain their

buildings. We recommend consulting with the Planning & Development Department prior to registering

your easement to ensure it meets the requirements.

For questions, contact the Planning & Development Department at [email protected]

or call 780-799-8695

mailto:[email protected]

rebuilding at a zero lot line after the wildfire information …lot+line+info+pa… · ·...

Documents