Planning & Development

Secondary Dwelling

What is a secondary dwelling?

A secondary dwelling is an additional dwelling that is ancillary to the principal dwelling on the same lot. This may include a garden suite, secondary suite, manufactured home or custodial suite.

Depending on the size of your lot, a second dwelling may be provided for as either a permitted or a discretionary use within your specific land use district in accordance with the Land Use Bylaw. Where it is listed as a permitted use, a second detached dwelling may be developed on a parcel that is eighty 80 acres or greater. On a lot less than 80 acres, a second detached dwelling shall not be considered permitted or discretionary in any district within Leduc County.

Discretionary use means the use of land or a building provided for in the bylaw for which a development permit may be issued, with or without conditions, by the development authority upon application having been received by the County. Permitted use means the use of land or a building provided for in the bylaw for which a development permit shall be issued, with or without conditions, by the development authority upon the County's receipt of your application. This dwelling must comply with the provisions of the Leduc County Land Use Bylaw.

To complete your application, you will need the following:
  • Completed development permit application form, which must be signed by the applicant and the registered landowner, or written confirmation identifying the representative signing on landowner's behalf is authorized to do so.
  • Copy of a certificate of title not more than 30 days old ( which may be obtained at any registries agency)
  • Province of Alberta Subdivision and Development Regulation Form
  • A set of building plans including floor plan and elevations. Plans for additions must include existing and proposed floor plans.
  • NAV Canada Land Use Proposal Submission Form provided to applicant if land is located within Airport Vicinity Protection Area
  • Rural addressing fee where applicable
  • Lot drainage plans where applicable
  • Development permit application fee as per the County's current fee schedule
  • A site plan drawn to scale showing all required information as follows:
    • North arrow
    • Lot dimensions
    • Adjacent roads and highways
    • Existing and proposed approaches
    • Rights of way and easements, pipelines and well sites
    • Water courses, drainage courses, creeks, dugouts, banks and shelterbelts.
    • Location, identification and dimensions of all existing and proposed buildings and structures and outdoor storage areas along with their setbacks from all property boundaries, water courses, drainage courses, creeks, dugouts, banks and shelterbelts.
    • All proposed and existing development as described on the application must be reflected on the site plan.
  • The development authority may require additional information to ensure that a proposed development complies with the bylaw, and further information may be required even after an application has been deemed to be complete.
  • Development permit applications shall be required to include information regarding the proximity of oil and gas wells, sour gas facilities, sewage treatment plants or waste management facilities.
  • A development permit application may be required to include a ground water and/or geotechnical analysis to the satisfaction of the development authority.
  • Where requested information is of a technical or scientific nature, the development authority may require a report prepared or endorsed by a professional accredited to practice in Alberta and to the satisfaction of the development authority.
  • Development located within 800 m (2624.7 ft.) of a primary or secondary highway, require the consent of Alberta Infrastructure and Transportation.

The setbacks from property lines, maximum height of buildings, site coverage, etc. vary, depending on the specific districting of your property.

Specific regulations regarding secondary dwellings from the Land Use Bylaw:

7.11 Dwelling, Secondary

7.11.1 A Dwelling, Secondary may include a Dwelling, Detached, Dwelling, Garden Suite, Dwelling, Secondary Suite, Dwelling, Custodial Suite or Dwelling, Manufactured Home as defined and regulated under this Bylaw.

7.11.2 Where permitted in the District Regulations, a Dwelling, Secondary shall be approved on a lot of 32.4 ha (80 ac) or greater provided it complies with the provisions of this Bylaw.

7.11.3 Notwithstanding 7.11.2, a lot that is slightly less than 32.4 ha (80 ac) due to the provision of land for a road widening, utility lot or similar use may be considered to be the same as a 32.4 ha (80 ac) lot for the purposes of this section.

7.11.4 On a lot 32.4 ha (80.0 ac) or greater, where there are already two dwellings, principal and a dwelling, secondary, an additional dwelling, secondary shall be limited to a Dwelling, Garden Suite, Dwelling, Secondary Suite or Dwelling, Custodial Suite.

7.11.5 On a lot between 0.8 ha (2.0 ac) and 32.4 ha (80.0 ac) in area, a Dwelling, Secondary may be approved subject to the following conditions:

(a) On a lot less than 2.0 ha (4.9 ac) a Dwelling, Secondary shall be limited to a Dwelling, Garden Suite, or Dwelling, Secondary Suite, only;
(b) On a lot between 2.0 ha(4.9ac) and 32.4ha (80), dwelling, secondary shall not include a dwelling, detached; but may include a dwelling, manufactured home; a dwelling, garden suite; or dwelling, custodial suite on a discretionary basis.

7.11.6 Notwithstanding 7.11.5, on any full-serviced residential lot a dwelling, secondary suite may be approved subject to such conditions as are deemed to be necessary to ensure that the development will not have an adverse impact on adjacent properties.

7.11.7 Where exercising discretion under 7.11.5, the Development Authority must be satisfied that the Dwelling, Garden Suite or Dwelling, Secondary Suite is suitable and compatible with the physical aspects of the lot and the residential image of the neighborhood.

7.11.8 Upon expiry of a limited-term permit issued in accordance with 7.11.5 (b), the dwelling, secondary shall be removed and the site restored to the satisfaction of the Development Authority. In the case of dwelling, secondary suite , the cooking facilities, including 240 volt wiring, shall be removed.

7.11.9 A limited-term permit for a dwelling, secondary on a lot less than 32.4 ha (80.0 ac) issued prior to adoption of this Bylaw, may be renewed notwithstanding its compliance with 7.11.5 (a).

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