10.0.0
Specific Use Regulations

The Specific Use Regulations shall apply to all development in the Town, unless otherwise exempted in this section. Where these regulations may be in conflict with any District Development Regulations or General Regulations, the Specific Use Regulations shall take precedence.

10.1.0 Home Occupations

10.1.1

All home occupations shall comply with the following:

a. No variation from the residential character and appearance of land or buildings shall be permitted except as an incidental use by a resident of a Dwelling Unit for a business purpose, the scale and intensity of which are limited so that no impacts of the business are observed or felt outside of the Dwelling Unit;

b. No structural change to any building for the purpose of accommodating a home occupation shall be permitted;

c. A home occupation shall not generate any electronic interference, dust, noise, odour, smoke or anything of an offensive or objectionable nature, which is detectable to normal sensory perception, outside the building containing the use;

d. At all times the privacy and enjoyment of adjacent dwellings shall be preserved and the home occupation shall not adversely affect the amenities of the neighbourhood;

e. The home occupation shall not occupy more than 20% of the gross floor area of the Dwelling Unit, or 30.0 square metres, whichever is less, except Family Day Homes and Private Babysitting Facilities where all areas of the principal building or accessory building may be used;

f. The home occupation shall have no more than three (3) business associated vehicle visits per day, where business associated vehicle visits to the use include drop-offs or pick-ups, deliveries, and visits from customers or consultants;

g. The number of home occupations is limited to a maximum of two per dwelling unit; with a combined maximum of three (3) business associated vehicle visits per day and with a combined area of note more than 35% of the gross floor area of the dwelling unit, or 40.0 square metres, whichever is less;

h. The home occupation shall not generate more than two clients to the site from which the occupation is being operated at any given time except Family Day Homes and Private Babysitting Facilities where the number of clients shall be limited to no more than six per day;

i. The home occupation 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;

j. No exterior storage of materials, tools, products or equipment or any activities related to the use or operation of the home occupation shall be permitted outside of a building; and

k. No signs advertising home occupations are permitted.

10.1.2

No Home Occupation shall include:

a. animal breeding in excess of two litters per calendar year;

b. dog boarding;

c. public assembly use;

d. dry cleaning and laundries;

e. slaughtering, butchering, smoking of food, or commercial canning of foods;

f. paint, varnish and lacquer application or spray painting shop;

g. primary processing including the processing of building products and firewood;

h. warehousing, specifically including mini-storage;

i. marshalling of vehicles, equipment, and machinery;

j. vehicle wrecking or dismantling of vehicles;

k. barbershops, hairdressers, or beauty salons;

l. recycling depot;

m. recreation facility; or,

n. sale of food and/or beverages for immediate consumption on the premises.

10.1.3

No person other than residents of the principal residence shall be engaged in a home occupation type 1, and only one other person other than residents of the principal residence shall be engaged in a home occupation type 2.

10.1.4

No parking of commercial vehicles on or about the site is allowed for a home occupation type 1. Not more than one commercial vehicle with a gross vehicle weight rating of no more than 3500 kg used in conjunction with the home occupation, shall be parked or maintained on the site of a home occupation type 2.

10.1.5

No retail sales shall be permitted in a home occupation type 1, and a home occupation type 2 shall not involve the sale or display of any goods on the site other than those goods constituting the finished principal product of the home occupation.

10.1.6

A home occupation shall not be permitted, if in the opinion of the Municipal Planning Commission, it would be more appropriately located in a commercial district.

10.1.7

In granting a permit for a home occupation, a Development Approving Authority shall restrict the use to a specified time limit, coinciding with the term of the business licence, but in any case for no longer than 1 year.

[Amended 6.24.2024 Bylaw 482]

10.2.0 Vehicular-Oriented Uses

10.2.1

Vehicular-oriented uses shall include service stations, drive-through vehicle services and such developments providing drive-in services in which patrons generally remain within their vehicles. This does not include drive-in food services which are prohibited by this Bylaw.

10.2.2

Vehicular-oriented uses shall be permitted only when a Development Approving Authority is satisfied that the development will not adversely affect the functioning of surrounding public roadways or adversely impact on adjacent commercial accommodation or residential uses.

10.2.3

The minimum site width for a vehicular-oriented use shall be 30.0 m.

10.2.4

Site area shall be provided as follows:

a. The minimum site area for any development incorporating a vehicular-oriented use shall be 930 m2, and the maximum site coverage shall be 15%.

b. The minimum site area for a service station shall be 1,200 m2 and the maximum site coverage, including pump islands, shall not exceed 20%.

c. The minimum site area for a drive-through vehicle service shall be 140 m2 of site area not covered by buildings for each service bay, except that the minimum site area and coverage for a car wash shall be determined on the basis of 370 m2 of space not covered by buildings for each car wash bay.

d. Where two or more of these uses are part of a mixed use development on the same site, the total site area requirements shall be the sum of the requirements of the uses computed separately, unless the applicant can demonstrate to the satisfaction of the Development Approving Authority that there is a complementary use of space which would warrant a reduction in site area requirement.

10.2.5

Queuing space shall be provided as follows:

a. For drive-through vehicle services, a minimum of two in-bound and one out-bound queuing spaces shall be provided for each service bay.

b. Each queuing space shall be a minimum of 5.5 m long and 3.0 m wide. Queuing lanes shall provide sufficient space for turning and maneuvering.

10.2.6

Service stations shall adhere to the following:

a. All pump islands shall be located at least 6.0 m from any property line or parking area on the site, or laneways intended to control traffic circulation on the site.

b. A canopy over a pump island shall not extend to within 3.0 m of the property line of the site. The canopy area shall not constitute part of the site coverage for the purpose of this section.

10.3.0 Accessory Guest Accommodation

10.3.1

Purpose:

As a centre for visitors to Banff National Park, the purpose of the specific use regulations for accessory guest accommodation is to provide an opportunity for visitor accommodation options while balancing the need for a comfortable living community for those persons who need to reside in the townsite. This is achieved by limiting and regulating accessory guest accommodation to minimize potential impacts on limited housing supply and protect the residential nature of the districts in which they are located. As such, accessory guest accommodation is to be accessory to the primary use of a site as the principal residence of the live-in owner.

10.3.2

No person shall use a dwelling, building, site or portion thereof for the purpose of providing accessory guest accommodation without a development permit.

10.3.3

Accessory guest accommodation shall only be located within single detached housing, a municipal historic resource or an accessory building which is accessory to single detached housing, providing that the accessory building would conform with all of the applicable requirements of this bylaw as if it were a dwelling.

10.3.4

Accessory guest accommodation shall not be permitted when it results in a reduction to the number of dwellings on site unless the site contains a municipal historic resource.

10.3.5

The combined gross floor area for all areas intended for the exclusive use of the traveling public shall not occupy more than 40% of the gross floor area of all buildings on the site, or 49% of the gross floor area of all buildings on the site for barrier free accommodation, as determined by the Development Authority for the Town of Banff in its sole discretion.

10.3.6

Notwithstanding Section 10.3.5, the combined gross floor area for all areas intended for the exclusive use of the traveling public for accessory guest accommodation for which a valid development permit for a bed and breakfast home was previously approved, shall be limited to the previously approved combined gross floor area for the bed and breakfast home and shall not occupy more than 40% of the gross floor area of all buildings on the site by January 1, 2027, as determined by the Development Authority for the Town of Banff in its sole discretion.

10.3.7

Accessory guest accommodation shall comply with the following regulations:

a. The regulations of any district within this section shall apply to the development of accessory guest accommodation in that district;

b. On-site parking shall conform to the regulations of this section and there shall be no parking of guest vehicles on public roadways;

c. Signs shall conform to the regulations of this section;

d. Accessory guest accommodation shall be operated exclusively by a live-in owner as an accessory use;

e. The minimum size of any guest bedroom, exclusive of closets, is 9.0 m2 with no dimension less than 2.4 m;

f. Accessory guest accommodation shall provide an outdoor amenity space adjacent to the dwelling that is suitable for the relaxation of guests, which shall have a minimum area of 9.0 m2;

g. In addition to all guest bedrooms within the dwelling, accessory guest accommodation shall contain an indoor amenity space for the exclusive use of guests, which shall have a minimum area of 9.0 m2;

h. The maximum number of guests (pillows) within accessory guest accommodation shall be limited to two (2) per approved guest bedroom plus an additional two (2) per accessory guest accommodation;

i. Guest bedrooms located primarily below grade or with limited access to natural light are discouraged;

j. The applicant will provide to the Town of Banff a floor plan to identify the combined gross floor area for all areas intended for the exclusive use of the traveling public;

k. No person shall operate or permit to operate more guest bedrooms or guests (pillows) in accessory guest accommodation than have been authorized by the development permit;

l. Subject to Section 10.3.16, accessory guest accommodation shall not contain more than four (4) guest bedrooms.

10.3.8

Subject to Section 10.3.16, accessory guest accommodation shall not be approved if it contributes to exceeding a combined maximum total of forty-two (42) accessory guest accommodations.

10.3.9

Notwithstanding Section 10.3.8, accessory guest accommodation within a municipal historic resource may be approved if it contributes to exceeding a combined maximum total of forty-two (42); provided, that the combined total of accessory guest accommodation within a municipal historic resource does not exceed fifteen (15).

10.3.10

Accessory guest accommodation shall not be located:

a. Adjacent to existing accessory guest accommodation; or

b. Within three (3) adjacent parcels on the same street.

10.3.11

Notwithstanding Section 10.3.10, accessory guest accommodation within a municipal historic resource, barrier free accommodation, or an application for the continuation of a bed and breakfast home as an accessory guest accommodation may be located adjacent to existing accessory guest accommodation or within three (3) parcels on the same street.

10.3.12

In the event that the total combined number of permitted accessory guest accommodations has reached forty-two (42), not including those approved within a municipal historic resource, and an allocation or allocations become available through notification of a leasehold assignment affecting a permitted accessory guest accommodation, or a development permit for accessory guest accommodation has been revoked or an application for the continuation of the use has not been made before the expiry date of the permit, then the Town shall:

a. In the case of the leasehold assignment, cancel the previous owner’s development permit for accessory guest accommodation;

b. Advertise that there is available an unallocated development permit for accessory guest accommodation; and

c. Accept any development permit applications received by a specified date for accessory guest accommodation; provided, that they comply with the location requirements of Section 10.3.10.

For the purposes of this provision, an application to continue the use of a bed and breakfast home as an accessory guest accommodation shall be considered an application for the continuation of the use.

10.3.13

If, within fourteen (14) days of the date of advertising described in Section 10.3.12, more applications than allocations available are submitted for accessory guest accommodation, the Town shall administer a lottery draw for the purpose of determining the order in which development permit applications are considered for approval. In the event that a development permit is refused and the appeal procedure described in Section 4.15.0 has been exhausted, then the Town may consider the next application in the order determined by the lottery draw.

10.3.14

The Development Authority shall consider an application for accessory guest accommodation only when the applicant is the current live-in owner or the current or future owner of a municipal historic resource. Current or future owners of a municipal historic resource must meet the need to reside eligibility criteria unless they are a corporation, foundation and/or nonprofit organization.

10.3.15

Prior to issuance of a development permit for accessory guest accommodation, the live-in owner shall provide a statutory declaration confirming the following:

a. The property is the live-in owner’s primary residence and the accessory guest accommodation will be operated as an accessory use only;

b. The live-in owner will be in residence while any accessory guest accommodation is in operation;

c. The number and location of bedrooms (and maximum pillows) as per the approved development permit plans; and

d. The live-in owner is aware that non-compliance with the development permit may result in revocation of the development permit or other enforcement.

10.3.16

No variances under Section 4.7.0 shall be granted in respect of Sections 10.3.7(l), 10.3.8, 10.3.9 and 10.3.20 by a Development Authority.

10.3.17

When deliberating upon and deciding a development permit application for accessory guest accommodation, a Development Approving Authority may take into consideration any comments received from adjacent land owners.

10.3.18

Prior to a development permit for accessory guest accommodation being considered for approval, the Town shall inspect the subject property to determine whether the site conforms to the information provided in the respective development permit application and the regulations of this section. In addition, an applicant shall arrange to have the subject property inspected to determine compliance with all relevant provincial health and safety regulations.

10.3.19

Any development permit for accessory guest accommodation that involves the conversion of a residential bedroom that is subject to a residential lease to a third party shall include a condition that the tenant is given a minimum of three (3) months of notice prior to operation of the accessory guest accommodation. The foregoing is without limitation to any other legal obligation in relation to the provision of notice to the tenant.

10.3.20

Subject to Section 10.3.16, accessory guest accommodation shall only be operated by the live-in owner and when the live-in owner is in actual residence.

10.3.21

Notwithstanding Section 10.3.20, accessory guest accommodation may be operated while the live-in owner is absent overnight in unforeseen circumstances only. In any case the live-in owner shall notify the Development Officer of the reason and duration of the absence at their earliest convenience.

10.3.22

When considering an application for the continued operation of a previously approved accessory guest accommodation, the Development Authority shall consider the frequency, duration and reason that accessory guest accommodation was operated when the live-in owner was absent. The Development Authority shall refuse an application for the continued operation of accessory guest accommodation if, in their opinion, the frequency, duration and/or the reason for operation when the live-in owner was absent are inconsistent with the requirement that accessory guest accommodation is an accessory use.

10.3.23

The Town may inspect a bed and breakfast home or accessory guest accommodation for which a development permit has been issued, upon giving at least twenty-four (24) hours’ written notice to the owner. To enable compliance checks, the owner will maintain a daily guest registry which will include rooms occupied and vehicle license plate information. If a complaint is received, the owner, upon request from the Town, shall provide the daily guest registry for inspection and shall provide license plate numbers of permanent resident vehicles. The Town may request this at any time between the hours of 8:00 a.m. and 8:00 p.m.

10.3.24

Each owner shall be responsible for ensuring that each guest is advised that they must park in the areas designated on the application and not on a public roadway.

10.3.25

Except where accessory guest accommodation is located within a municipal historic resource, a Development Authority shall restrict the use of accessory guest accommodation to a specific time period of no more than three (3) years. In all instances, a development permit for accessory guest accommodation shall not exceed the term of the lease from the Crown for the lands. Before this time period expires, a new development permit application may be made to continue the use, which shall be considered as if it were a new application.

Sections 10.3.5, 10.3.7(d), 10.3.15, 10.3.20 and 10.3.22 shall not apply to accessory guest accommodation that is a bed and breakfast home and was designated as a municipal historic resource prior to November 1, 2024; provided, that no leasehold assignment has occurred from the leaseholder of the property from November 1, 2024, onward.

[Added 5.20.2025 Bylaw 403]

10.4.0 Bed and Breakfast Inns

10.4.1

Bed and breakfast inns shall comply with the following regulations:

a. With the exception of the residential gross floor area, the gross floor area of a bed and breakfast inn shall not exceed the gross floor area of the bed and breakfast inn that existed on January 1, 2023.

b. Up to a maximum of ten (10) commercial accommodation units may be permitted at the discretion of a Development Approving Authority. In reaching a decision, the Municipal Planning Commission shall consider the number of bedrooms previously licensed by Parks Canada, the quality and size of each bedroom, whether the bedrooms comply with current health and safety codes, and the size and quality of common space and kitchen serving those bedrooms;

c. The number of commercial accommodation units which may contain kitchens shall be determined by the Development Approving Authority, having regard for the number of dwellings including kitchens which would otherwise be permitted in similar developments in that district;

d. Bed and breakfast inns shall contain a separate dwelling for a resident owner or on-site manager, and commercial accommodation units;

e. Bed and breakfast inns may serve meals to the guests, but shall not sell meals or alcoholic beverages to nonovernight guests;

f. The minimum area of any commercial accommodation unit, exclusive of closets, is 9.0 m2 with the minimum width or length of room being not less than 2.4 m; and

g. Parking and signs shall be in conformance with the regulations of this section.

10.4.2

Bed and breakfast inns shall only be operated when an owner or on-site manager is in actual residence.

10.4.3

All bed and breakfast inns shall be inspected for compliance with this section, the Alberta Safety Codes Act, and other fire and health regulations prior to a Development Approving Authority making a decision on a development permit, and may be inspected after the issuance of the permit at any time upon twenty-four (24) hours’ notice being given in writing to the permit holder by the Town.

10.4.4

The Municipal Planning Commission may grant a development permit for a specified term but no longer than a maximum period of five (5) years, after which time a new application must be made to continue the use. In all instances, a development permit for a bed and breakfast inn shall not exceed the term of the lease from the Crown for the lands.

10.4.5

Gross floor area of a bed and breakfast inn that is intended for the use, in whole, or in part, by any guest, shall not be considered existing commercial gross floor area for the purposes of Section 9.0.0.

[Added 5.20.2025 Bylaw 403]

10.5.0 Storefront Cannabis Retail

10.5.1

No person shall use a dwelling, building, site or part thereof for the purpose of selling or marketing cannabis without a development permit.

10.5.2

In addition to the requirements of Section 4.4.0, within fourteen (14) days after receiving a complete application for storefront cannabis retail, a Development Officer shall publish a notice in a local newspaper stating the proposed location of the premises for a minimum of two (2) consecutive weeks prior to referring the application to the Municipal Planning Commission. Any comments received pertaining to the application shall be forwarded to the Municipal Planning Commission in conjunction with the application.

10.5.3

A storefront cannabis retail premises shall not contain a window facing a sidewalk or lane.

10.5.4

A development permit for storefront cannabis retail shall expire ninety (90) days after cancellation or expiry of a cannabis store licence unless a new cannabis store licence is issued for the same premises, on essentially the same terms and conditions. In the event that a development permit for storefront cannabis retail expires, then the approved use for the premises shall convert to general retail and a new development permit application will be required to change the use back to storefront cannabis retail.