Purpose

To provide a transition between heavy industrial land use and non-industrial land uses within the boundaries of the Sherwood Park Urban Service Area. This overlay applies use restrictions and additional regulations to the underlying zone on lands within 1.5 km to 3.0 km of heavy industrial operations to limit heavy industrial risk and nuisance impacts on the public.

Area of Application

This overlay applies to the underlying zones of lands as shown in Schedule A.

Where one lot or site lies partially within both the IHO 1.5 and the IHO 3.0 overlays, the uses and development regulations of each overlay shall apply in accordance with the regulations in this bylaw. Where there is a dispute or doubt as to the location of the boundaries of either overlay, it shall be determined by the development officer in accordance with section 1.14(3).

Uses

Uses that are permitted or discretionary, as applicable, within this overlay are subject to any fundamental use criteria for the permitted uses and the discretionary uses within this overlay and within the underlying zone.

Despite the permitted and discretionary uses in the applicable underlying zone, residential uses including single dwelling, semi-detached dwelling, townhouse dwelling, stacked townhouse dwelling and apartment dwelling are prohibited on lands within the IHO 3.0.

Permitted uses within this overlay are the permitted uses of the underlying zone except for those that are identified as discretionary uses or prohibited uses in Table 13.3(A) and Table 13.3(B).

Despite the permitted uses in the applicable underlying zone, the uses listed in Table 13.3(A) shall be considered as discretionary uses on lands within the IHO 3.0.

Table 13.3(A) Discretionary Uses

Despite the permitted and discretionary uses in the applicable underlying zone, a development permit application shall not be accepted for the uses listed in Table 13.3(B) on lands within the IHO 3.0.

Table 13.3(B) Prohibited Uses

Fundamental Use Criteria

The following uses shall only be considered on lands within this overlay if they meet the associated criteria below:

1. (a) The permitted and discretionary uses listed in the underlying zone shall have a maximum floor area ratio of 0.5.
2. (b) Despite section (a), the following uses shall have a maximum floor area ratio of 0.35:
   1. (i) General retail
   2. (ii) Health service minor
   3. (iii) Warehouse sales

Subdivision Regulations

Subdivision must comply with the regulations of the underlying zone.

Development Regulations

Development must comply with the regulations of the underlying zone.

Despite the maximum height in the underlying zone, in no circumstance shall a building exceed four storeys.

Despite sections 13.3(11) and 13.3(12), where a conflict exists between the regulations of the underlying zone and the regulations of the IHO 3.0, the more restrictive regulation shall apply.

The maximum floor area ratio for one parcel shall not be transferable to another parcel, in order to allow consideration of greater density than is intended for the one parcel.

All site and building designs, except for renovations or additions of less than 10% of the existing gross floor area, shall be designed for ease of evacuation, access by emergency services, and mechanical systems to provide protection to occupants in the case of a significant industrial accident.

All sites and buildings shall be designed in accordance with the County’s Emergency Services requirements or policy.

Where there is potential risk associated with a proposed development, the development authority may require an applicant to provide a quantitative risk assessment report prepared by a qualified professional.