PVD LUB Regulations

(1) Pineview Land Use Bylaw Q&A  (City Of Fort Sask Website)

Why are you updating Pineview's regulations?

No decisions have been made. We are gathering feedback to understand what is important to Pineview residents. This input will guide updates to the zoning regulations to preserve what residents value most.

Why not just leave things the way they are?

The current zoning rules don’t fully reflect Pineview’s character or evolving needs. Updates ensure regulations preserve what residents’ value while supporting appropriate redevelopment.

Source: COFS Pineview LUB Project page Q&A section  Link

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(2) Land Use Bylaw Project Description (Planning Director)

Statements from the Planning Director (Craig Thomas) in the Land Use bylaw project video called:

 "How is This Land use bylaw different?”

“It doesn’t really respect that you are developing in the old Fort or Pineview or Westpark.”

“The regulations are the regulations and they are all the same. We wanted to create specific regulations in the new LUB for the particular character area.”

“Those regulations will be specific, maybe context sensitive. An example of that is if you are in the old part of Fort Saskatchewan where the houses and buildings are fairly low scale.”

“What we don’t want to see is a house that would be built and be completely out of place.”

These two videos created in 2023 by the Planning Director which are describing the Land Use Bylaw project puts the whole project into perspective.

Craig Thomas Video 3 minutes: Why is our city getting a new Land use Bylaw?

Craig Thomas Video 2 minutes:  How is this Land Use Bylaw Different? 

Source: Planning Director videos describing the new Land Use Bylaw project May 2023

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(3) Land Use Bylaw Project Description (Senior Planner)

“Through our review of Fort Saskatchewan’s existing development patterns and neighborhood characteristics, it became clear that a one-size-fits-all approach to land use districts does not reflect the unique context of all areas within the city.”

“For example, applying the same residential district (e.g., R1) to both newer neighborhoods like Westpark or Southfort and older, established areas such as Pineview or Old Fort overlooks the distinct built forms, lot patterns, and community character of each area.”

Source: Senior Planner, June 2025

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(4) What is the 2nd draft PVD LUB Appendix E

The planners 2nd draft Pineview LUB was published in February 2025 and used for residents’ engagement sessions. 

The document can be found in Appendix E of the planners report and had a very few (approx 4) minor tweaks by a resident policy creator by using the planners 2nd Draft PVD document in its entirety with some sections rearranged, with some titles reworded, which coincidentally ends up matching the document layout format of the other subsequent districts documents. Input was obtain from various people. 

Input was obtained from:

·         Ongoing meetings and emails with Planning Director in the fall and spring.

·         Meeting with Planning Director and Planning Manager.

·         Attendance at Pineview engagement sessions in Nov and Feb.

·         Attendance at all of the other district engagement sessions.

·         Planners’ discussions.

·         Residents’ discussions.

·         Email exchanges with Senior Planner.

·         Email exchanges and meetings with residents. New Pineview residents connection. (3500 combined years of Pineview living experience.)

·         Email exchanges or meetings with Councilors.

Additional improvements have been made since:

• Dwelling height changed to preserve the two character types in Pineview:

  • 1. Low scale homes.  8 metres

  • 2. High scale homes.  10 metres

• Section 8.2.5 was copied from another planning bylaw and added to preserve the homeowners privacy rights along 90 Street backing onto the commercial plaza using appropriate setbacks and planning method of building layering. 

• Section "10.0 Applicability to the Regulations" was copied from another district and added to Appendix E to alleviate any non conformance issues.

The new Pineview District Regulations Document:

• Includes solutions from the input sources listed above.

• Aligns with the Planning Department categorization of Pineview as a "Standard District" in which the intent is to maintain the current character as stated by the planning department. Other all districts are "Comprehensive Districts"

• Resolves approximately 94% of Pineview residents’ concerns.

• Achieves 100% of the LUB Project objectives.

• Achieves 100% of the MDP objectives for established neighbourhoods.

• Modernizes the Pineview regulations for the low profile areas and the high profile areas utilizing 8m / 10m heights.

• Allows for sensitive context based dwelling improvements that will blend in to the character of adjacent sites and maintain the two existing neighbourhood characters.

• Provides predictability in the district which aligns with the Municipal Development Plan (MDP) objectives for established neighbourhoods.

• Aligns with the Land Use Bylaw project intent and in particular:

  • “Those regulations will be specific, maybe context sensitive. An example of that is if you are in the old part of Fort Saskatchewan where the houses and buildings are fairly low scale.”)

  • “For example, applying the same residential district (e.g., R1) to both newer neighborhoods like Westpark or Southfort and older, established areas such as Pineview or Old Fort overlooks the distinct built forms, lot patterns, and community character of each area.”

Source: 2nd Draft LUB Feb 2025 “What We Heard Report” from Pineview engagement sessions. Link

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(5) Pineview Population

1.0 Population History

1.1 The population increase that occurred in Fort Saskatchewan due to the industrial expansion from 1969 to 1981 was 8.1% per year.  Source: COFS Growth study 2015.

1.2 This was the result of several world scale plants being built. That growth rate was an anomaly and hasn’t been repeated. This caused a population explosion in the Pineview neighbourhood which was built during that time.  

2.0 Transition to Normalization of Population

2.1 The Pineview population reached a normalization level of 2.54 people per dwelling in 2018. This is a more accurate benchmark population for Pineview. To have the year 2000 as a population target does not reflect today’s society of 2.5 people per dwelling. Population Source: COFS census report data

2.2 The national average was 2.5 people per dwelling in 2016. Source: Stats Canada

3.0 Population per Dwelling Comparisons

3.1 The Pineview population has been at the normal level of 2.54 people per dwelling for the past 7 years. Source: COFS census reports.

3.2 The COFS population in 2021 was 2.6 people per dwelling. Source: 2023 MDP update

3.3 The 2025 Roseburn neighbourhood is planned for 2.3 people per dwelling. Source: Roseburn NSP June 2025

4.0 Population Change Trend

4.1 Analyzing the Pineview population trend change from 1993 to 2024 shows the trend moving toward positive growth and expected to break into net positive growth during the 2026 census report. Source: COFS census reports.

4.2 Between 2023 and 2024 Pineview had a population growth in 49% of its census zones, predominantly centred in neighbourhoods near schools. On average during the past 7 years Pineview had a population growth in 44% of its census zones. Source: COFS census reports.

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(6) Maximizing Use of Existing Infrastructure

The residents (99% who indicated the height concerns) indicated that 8 metres is best and that regulation can be utilized to build or modify a home beside a bungalow. This means homeowners who convert their bungalow into a two story home can go to a maximum of 8 metres to create an in law suite. 

The specific regulation 7.9.1 will ensure that bungalow conversions will be context sensitive for the neighbourhood character. This aligns to the MDP objective "6.4.a to maximize use of existing infrastructure."

The old bylaw had approximately 4% of Pineview zoned as R2 for duplexes in 5 areas of the neighbourhood. The new Pineview district map allows duplexes in approximately 75% of the area but subject to a maximum as stated in the PVD LUB. As an absolute qualifier residents stated that a duplex development shall be "Discretionary" instead of "Permitted".

The planning department has had the Pineview residents fully engaged in the LUB project sessions during the past 6 months with 168 people attending the first sessions and 124 people attending the second sessions. 

The residents feedback provides the Planning Department with the necessary input for the creation of the specific and useful regulations to preserve what residents value most in Pineview which is the low scale area predominantly in the south part of the neighbourhood. 

The overwhelming response from the residents indicates that the one size fits all of 10 metres, in the current LUB, is not compatible for future development of modifying a home beside an existing bungalow. This feedback aligns to the LUB project intent stated as " ....part of Fort Saskatchewan where the houses and buildings are fairly low scale."

The 99% of the residents who indicated height concerns stated the bylaw should be changed to 8 metres. That regulation can be utilized to build or modify a home beside a bungalow. as an example homeowners can convert a bungalow into a two story home to a maximum of 8 metres to create an in law suite and the specific regulation 7.9.1 will ensure it will be context sensitive for the neighbourhood character. This aligns to the MDP objective "6.4.a to maximize use of existing infrastructure."

At the same time still providing the specific regulation 7.9.2 for the taller area neighbourhood which can be utilized to build or modify a home beside a 2 story home to a maximum of 10 metres (2 1/2 story). An example 2 story homes are predominantly but not limited to the north edge of Pineview.  This aligns to the project intent...."This input will guide updates to the zoning regulations to preserve what residents value most." 

Source: See fortsaskpineview.ca “- Home tab – Housing to meet everybody’s needs throughout their life stages.” Link 

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(7) What are dwelling heights stated in Fort Sask planning documents?

A bungalow is approximately 4.82 metres high. Source: Measured

2 story home = 8.0 metres. Source: Fort Sask Bylaw C30-20

2 ½ story home = 10 metres. Source: Fort Sask Bylaws 68-22, 67-22, 65-22 

3 story home = 11 metres. Source: Fort Sask Bylaw C23-20

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(8) Aging in Place

Homes for every age

The best type of home for aging in place is often a single-story or bungalow-style home, or a multi-story home with a fully functional main floor. Source: fortsaskpineview.ca – Home – There is housing to meet everyone’s needs throughout their life stages. Link

This is why you see multi-generational living in Pineview. It’s not uncommon to see an active ager and young families on the same street. Source: Pineview Neighbourhood Network contacts input.

Natural attrition has started in Pineview as more families are seen moving into the neighbourhood. Source: Pineview Neighbourhood Network contacts input.

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(9) Walkability

Pineview is a highly walkable, e-device or cycling neighbourhood with over 50 shortcut sidewalks connecting all homes to parks, schools, recreation amenities, shopping and transit.

There are over 116 retail businesses within easy reach walking or cycling in and around the Pineview neighbourhood.

Sources: Indicated on fortsaskpineview.ca  - Walkability Link

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(10) Can the existing LUB be replaced with a new one?

Yes.

City council can change any of its bylaws including zoning bylaws (Land use Bylaws), district plans and policy, and the city plan (MDP). To do this, it must follow proper procedures, including advertising the proposed changes and holding a public hearing. City council could, for example, amend or repeal the existing bylaw, district plans, and replace them.

Normally a council can only consider a bylaw once a year, but there are two exceptions. If a councillor who voted with the prevailing side changes their mind, they can bring forward a motion to revisit a bylaw in less than a year. And after a general election like the one coming October 20, the new council begins with a fresh slate: they can revisit any bylaw they want, as soon as they want.

City Council can amend any of these bylaws by following the process in the Municipal Government Act (“MGA”).

District Plans are additional statutory plans authorized under section 635.1 of the MGA.

The land use bylaw is required under section 640 of the MGA.

Any bylaw made under the MGA can be repealed or amended by the Council, who must follow the same process as required for the original bylaw. Section 191 of the MGA expressly provides for the amendment of any bylaw made under it. The relevant subsections read:

Amendment and repeal
191(1) The power to pass a bylaw under this or any other enactment includes a power to amend or repeal the bylaw.

(2) The amendment or repeal must be made in the same way as the original bylaw and is subject to the same consents or conditions or advertising requirements that apply to the passing of the original bylaw, unless this or any other enactment provides otherwise.

In short, any City bylaw can be amended or replaced by following the advertising and public hearing requirements set out in the MGA.

Municipal councils must be free to amend or alter their bylaws as circumstances dictate. They cannot bind themselves or a successor council to a course of action.

In a recent decision, the Court of King’s Bench said:

“it cannot be said that property owners have a right to the continued existence of the regime prevailing at any given time.”

Municipal Government Act - Revising bylaws

63(1)  A council of a municipality may, by bylaw, revise any of its bylaws or any one or more provisions of them in accordance with this section.

(2)  A bylaw under this section may

            (a) omit and provide for the repeal of a bylaw or a provision of a bylaw that is inoperative, obsolete, expired, spent or otherwise ineffective.

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(11) Fort Sask Land Use Bylaw History

These are the land use bylaws while Pineview was being built:

Bylaw 1503 in 1969 which had very basic text and no mention of dwelling types.

Bylaw 1730 in 1977 which stated dwelling types 1 story, 1 1/2 story, and 2 story

Bylaw 1840 in 1980 which stated dwelling types 1 story, 1 1/2 story and 2 story

These are the land use bylaws after Pineview was built:

Bylaw C16-01 in 2001 which stated 2 1/2 story (10 metres)

Bylaw C6-08 in April 2008 which stated 2 1/2 story (10 metres)

Bylaw C23-20 in August 2020 which stated 2 1/2 story (10 metres)

Source: City webpage and planning department.

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(12) Benefits of the new Pineview LUB

The new LUB for the Pineview district as shown in the 2nd draft Appendix E preserves what residents value most which is the low scale homes areas. 

As stated by the planning department the LUB project is to replace the one size fits all city wide LUB with new district bylaws that better reflect the character of each neighbourhood. 

The Pineview District LUB of an 8 metre (low scale area) and a 10 metre (high scale area) designation will also not be a one size fits all as Pineview has two distinct neighbourhood profiles. This method is consistent with the other Districts LUBs which have 2 or 3 different maximum dwelling height regulations. 

Because a certain dimension is written in the old LUB does not mean that same dimension needs to be put in the new LUB. That defeats the whole objective of the LUB project as stated by the Planning Director and Senior Planner in which a one size fits all does not reflect the unique context of all areas within the city.” and as an example if you are in the old part of Fort Saskatchewan where the houses and buildings are fairly low scale.”

A well written specific Pineview district LUB 2nd draft improved version provides clear and useful information that can be used right away for any neighbourhood dwelling improvements by the homeowners.

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(13) Permitted vs Discretionary uses

Permitted Uses (P)

Are those uses for which an applicant is entitled to receive a permit as of right, provided the proposed development conforms to all applicable provisions of the land use bylaw. The principle underlying permitted uses is that, as a matter of good planning, certain uses within a given district are so clearly appropriate that the use itself requires no special consideration.

Discretionary Uses (D)

Are those for which the issuance of a development permit depends on the exercise of discretion by the development authority. Unlike permitted uses—considered appropriate for the district at the time the land use bylaw is adopted by council—discretionary uses, while generally suitable for the district, may or may not be compatible with neighbouring uses, depending on the specific circumstances.

The key test for a discretionary use is whether the proposed development is reasonably compatible with surrounding development. 

Source: Planning Director email Nov 2024

Additional Information

A Permitted Use means that if an application meets all of the regulations in the Land Use Bylaw, the Development Authority must approve it.

A Discretionary Use means that even if an application meets all of the regulations, the Development Authority may also consider other impacts (such as noise, traffic, or compatibility with surrounding uses) as part of the review. Based on this review, the Development Authority may approve or refuse the application.

There are limited situations where Council is the approving body for a development application, but this is uncommon and typically occurs only where a special district (such as a Direct Control (Council) District) is applied.

Source: Planning Department Senior Planner Aug 2025

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