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Palliser Regional Municipal Services
VILLAGE OF ACME
LAND USE BYLAW #2022-02
April 25, 2022
1
VILLAGE OF ACME
LAND USE BYLAW NO. 2022-02
BEING A BYLAW OF THE VILLAGE OF ACME IN THE PROVINCE OF ALBERTA TO REGULATE THE
DEVELOPMENT AND USE OF LAND IN THE VILLAGE OF ACME
WHEREAS: Pursuant to the provisions of Section 639(1) of the Municipal Government Act, as
amended, the Council of the Village of Acme must, by Bylaw in accordance with Section 692 of
the Municipal Government Act, adopt a plan to be known as:
"THE VILLAGE OF ACME LAND USE BYLAW"
AND WHEREAS: A Public Hearing was held on the _____ day of _____________, 2022, as required by
Section 230 of the Municipal Government Act.
NOW THEREFORE: THE COUNCIL OF THE VILLAGE OF ACME IN THE PROVINCE OF ALBERTA, DULY
ASSEMBLED, ENACTS AS FOLLOWS:
1.
This Bylaw may be cited as "The Village of Acme Land Use Bylaw".
2.
Bylaw No. 2018-07 being the "Village of Acme Land Use Bylaw" currently in effect is
hereby repealed including all amendments thereto and replaced by Bylaw No. XXXX.
3.
Council adopts as the Land Use Bylaw for those lands contained within its civic
boundaries, "The Village of Acme Land Use Bylaw."
4.
Council adopts as "The Village of Acme Land Use Bylaw" this text and the
accompanying Schedules.
5.
This Bylaw takes effect on the date of the third and final reading.
READ A FIRST TIME this _____ day of _____________, 2022.
____________________
____________________
Bruce McLeod
Gary Sawatzky
Mayor
C.A.O.
READ A SECOND TIME this _____ day of _____________, 2022.
____________________
____________________
Bruce McLeod
Gary Sawatzky
Mayor
C.A.O.
READ A THIRD TIME AND PASSED this _____ day of _____________, 2022.
____________________
____________________
Bruce McLeod
Gary Sawatzky
Mayor
C.A.O.
2
Text Amendments to Land Use Bylaw 2022-02
Bylaw No.
Date
Description
Bylaw #2023-04
August 21, 2023
Amend Section 11, Land Use District Map, by
re-designating Plan 2696JK; Block 14; (Civic Address:
402 Nolan Street) in the Village of Acme from R-1
Residential District to CS Community Service District.
3
TABLE OF CONTENTS ......................................................................................................................................
1
ENACTMENT ........................................................................................................................................ 7
1.1
TITLE ..................................................................................................................................................... 7
1.2
PURPOSE .............................................................................................................................................. 7
1.3
REPEAL ................................................................................................................................................. 7
1.4
APPLICATIONS IN PROCESS ............................................................................................................... 7
1.5
APPLICATION AND ADDITIONAL REQUIREMENTS ............................................................................. 7
1.6
CONFORMITY WITH BYLAW ................................................................................................................ 8
1.7
SEVERABILITY ....................................................................................................................................... 8
1.8
RULES OF INTERPRETATION ................................................................................................................. 8
1.9
AMENDMENTS TO THIS BYLAW ........................................................................................................... 9
2
DEFINITIONS ...................................................................................................................................... 10
3
DEVELOPMENT AND SUBDIVISION AUTHORITIES ........................................................................... 30
3.1
ESTABLISHMENT OF THE DEVELOPMENT AUTHORITY ....................................................................... 30
3.2
SUBDIVISION AND DEVELOPMENT APPEAL BOARD ........................................................................ 30
3.3
DEVELOPMENT AUTHORITY POWERS AND DUTIES ........................................................................... 30
3.4
SUBDIVISION AUTHORITY ................................................................................................................. 31
3.5
SUBDIVISION AUTHORITY POWERS AND DUTIES .............................................................................. 31
3.6
SUBDIVISION OF LAND ..................................................................................................................... 32
3.7
FORMS AND NOTICES ...................................................................................................................... 32
4
DEVELOPMENT PERMITS ................................................................................................................... 33
4.1
DEVELOPMENT PERMITS REQUIRED .................................................................................................. 33
4.2
DEVELOPMENT PERMITS NOT REQUIRED .......................................................................................... 33
4.3
APPLICATION FOR A DEVELOPMENT PERMIT .................................................................................. 34
4.4
DECIDING ON DEVELOPMENT PERMIT APPLICATIONS ................................................................... 35
4.5
ISSUANCE OF A DEVELOPMENT PERMIT AND NOTICES .................................................................. 37
4.6
CONDITIONS OF A DEVELOPMENT PERMIT ..................................................................................... 38
4.7
DEVELOPMENT AGREEMENTS ........................................................................................................... 38
4.8
NON-CONFORMING BUILDINGS AND USES ................................................................................... 39
5
APPEALS ............................................................................................................................................ 41
5.1
SUBDIVISION APPEAL PROCEDURE .................................................................................................. 41
5.2
DEVELOPMENT APPEAL PROCEDURE ............................................................................................... 41
5.3
ISDAB- PUBLIC HEARING PROCESS ................................................................................................. 42
5.4
LAND AND PROPERTY RIGHTS TRIBUNAL- PUBLIC HEARING PROCESS .......................................... 42
6
LAND USE DISTRICTS AND OVERLAYS ............................................................................................. 43
6.1
DISTRICTS ........................................................................................................................................... 43
6.2
DISTRICT BOUNDARIES ...................................................................................................................... 43
4
6.3
R-1 - RESIDENTIAL DISTRICT .............................................................................................................. 44
6.4
R-2 - RESIDENTIAL DISTRICT .............................................................................................................. 48
6.5
RA - RESIDENTIAL ACREAGE DISTRICT ............................................................................................. 52
6.6
R-H1 - RESIDENTIAL HERITAGE ESTATES R-1 DISTRICT ..................................................................... 55
6.7
R-H2 - RESIDENTIAL HERITAGE ESTATES R-2 DISTRICT ..................................................................... 58
6.8
M-RC - MIXED USE RESIDENTIAL / COMMERCIAL DISTRICT ........................................................... 62
6.9
DT - DOWNTOWN COMMERCIAL DISTRICT ..................................................................................... 66
6.10
HWY-C - HIGHWAY COMMERCIAL DISTRICT .................................................................................. 69
6.11
CS - COMMUNITY SERVICE DISTRICT .............................................................................................. 72
6.12
UR - URBAN RESERVE DISTRICT ......................................................................................................... 74
6.13
MANUFACTURED HOME OVERLAY .................................................................................................. 75
6.14
DC - DIRECT CONTROL DISTRICT ..................................................................................................... 76
7
GENERAL LAND USE REGULATIONS ................................................................................................ 77
7.1
ACCESSORY BUILDINGS AND USES ................................................................................................. 77
7.2
ACCESSORY BUILDINGS - FABRIC COVERED ................................................................................. 77
7.3
DEMOLITION OR REMOVAL OF BUILDINGS ..................................................................................... 78
7.4
CORNER LOTS ................................................................................................................................... 78
7.5
CONSTRUCTION OF NEW BUILDINGS .............................................................................................. 79
7.6
COMMUNICATION STRUCTURE ........................................................................................................ 79
7.7
DECKS AND PERGOLAS .................................................................................................................... 80
7.8
DRAINAGE ........................................................................................................................................ 80
7.9
FENCING AND HEDGES .................................................................................................................... 81
7.10
OBJECTS PROHIBITED OR RESTRICTED IN YARDS............................................................................. 81
7.11
EXCAVATIONS AND STOCKPILES .................................................................................................... 82
7.12
OFF-STREET LOADING / UNLOADING FOR COMMERCIAL AND INDUSTRIAL DEVELOPMENT ....... 82
7.13
PARKING ........................................................................................................................................... 83
7.14
DRIVEWAYS, WALKWAYS, PATIOS AND PARKING PADS ................................................................ 85
7.15
PHYSICAL ENVIRONMENT ................................................................................................................ 85
7.16
PROJECTION OVER YARDS .............................................................................................................. 86
7.17
RELOCATION OF BUILDINGS ............................................................................................................ 87
7.18
UTILITIES ............................................................................................................................................. 87
8
SPECIFIC USE REGULATIONS ............................................................................................................ 88
8.1
CANNABIS PRODUCTION FACILITY ................................................................................................. 88
8.2
CANNABIS RETAIL STORE .................................................................................................................. 88
8.3
DAYTIME CHILD CARE SERVICE ....................................................................................................... 89
8.4
HOME OCCUPATIONS ...................................................................................................................... 89
8.5
HOME OCCUPATIONS - MINOR ...................................................................................................... 89
8.6
HOME OCCUPATION - MAJOR ....................................................................................................... 89
5
8.7
PET CARE SERVICE ............................................................................................................................ 90
8.8
KENNEL - BOARDING AND KENNEL - BREEDING ............................................................................ 91
8.9
MANUFACTURED HOMES ................................................................................................................. 92
8.10
MODULAR HOMES ............................................................................................................................ 93
8.11
PRIVATE SWIMMING POOLS, HOT TUBS AND SHALLOW PONDS .................................................... 93
8.12
RENEWABLE ENERGY SYSTEMS ......................................................................................................... 94
8.13
STORAGE STRUCTURES ...................................................................................................................... 94
8.14
SECONDARY SUITES AND BACKYARD SUITES.................................................................................. 94
8.15
AGRICULTURAL OPERATIONS ........................................................................................................... 95
9
SIGN REGULATIONS ......................................................................................................................... 96
9.1
SIGN RELATED DEFINITIONS .............................................................................................................. 96
9.2
SIGNS GENERAL RULES ..................................................................................................................... 98
9.3
SPECIFIC SIGN TYPE REGULATIONS ................................................................................................. 99
10
ENFORCEMENT ............................................................................................................................... 102
10.1
STOP ORDERS / ORDERS OF COMPLIANCE ................................................................................... 102
10.2
ENFORCEMENT ................................................................................................................................ 102
10.3
MUNICIPAL INSPECTION AND RIGHT OF ENTRY ............................................................................ 103
11
LAND USE DISTRICT MAP ................................................................................................................ 104
12
FIGURES AND DIAGRAMS.............................................................................................................. 106
List of Figures
Figure 1|Building Height ........................................................................................................................ 106
Figure 2|Dwelling Types ......................................................................................................................... 106
Figure 3|Site Coverage calculations ................................................................................................... 107
Figure 4|Parcel and Yard Types ........................................................................................................... 108
Figure 5|Fence Heights .......................................................................................................................... 109
Figure 6|Topographical Features ......................................................................................................... 110
Figure 7|Accessory Building Siting ........................................................................................................ 111
Figure 8|Projections over Yards ............................................................................................................ 112
6
METRES TO FEET | METRES 2 to FEET 2
Metres
Feet
0.5
1.64
1.0
3.28
2.0
6.56
3.0
9.84
4.0
13.12
5.0
16.40
6.0
19.69
Metres2
Feet2
1.5
16.15
7.5
80.73
310.0
3336.81
570.0
6135.43
850.0
9149.32
1300.0
13993.08
8000.0
86112.28
Figure 1
Land Use Bylaw User Guide
The "User Guide" is intended for information and clarity purposes only and is not a section of the
Land Use Bylaw.
The Land Use Bylaw establishes rules and regulations for the use of land and buildings. It
regulates location, intensity, type of land use, buildings, and also details the process for land use
redesignations and the application process for permits to develop property.
Alignment with existing Village policies is a key component of the rules and regulations outlined
in the Land Use Bylaw. This Land Use Bylaw reflects the Municipal Development Plan and bylaws,
regulations and Acts of the Village and governments of Alberta and Canada. Wherever
possible, these are referenced in the Land Use Bylaw, but the onus is on the individual
landowner, developer and/or applicant to ensure that relevant policies of the Municipal
Development Plan, other local bylaws and provincial and federal legislation are followed.
Applicants are encouraged to review their proposed development with the Village prior to
submitting an application.
As a reference document, the Land Use Bylaw's Table of Contents is an important index.
This Bylaw is written in metric. To convert metres to feet multiply the number of metres by 3.28 to
get the approximate dimension in feet. To convert square metres to square feet multiply the
number of square metres by 10.764 to get the number of square feet. Some typical dimensions
used in the Bylaw and their Imperial equivalents are shown below.
Village of Acme Land Use Bylaw # 2022-02
7
1 ENACTMENT
1.1
TITLE
This Bylaw may be cited as the "The Village of Acme Land Use Bylaw".
1.2
PURPOSE
1.2.1
The purpose of this Bylaw is to regulate and control the use and development
of land and buildings within the municipality to achieve the orderly, economic
and beneficial development of land within the Village of Acme.
More specifically, this Bylaw:
(a) Designates a land use district to all parcels of land within the Village;
(b) Establishes the roles of the Approving Authorities; and
(c) Establishes the method of making decisions on applications for re-
designation and development permits; and
(d) Sets out the method of appealing a decision relative to this Bylaw; and
(e) Provides the manner in which notice of the issuance of a development
permit is given.
1.2.2
This bylaw is in alignment with the Municipal Government Act RSA 2000 c.
M-26 (here after referred to as the MGA) as amended from time to time.
1.2.3
This Bylaw is in alignment with the Village's Municipal Development Plan as
amended from time to time and shall be applied in a manner that serves to
implement statutory plans that have been adopted by the Village.
1.2.4
This Bylaw shall be used in conjunction with the Guidelines, Standards, Policies,
and Procedures as adopted and amended by Council from time to time.
1.3
REPEAL
Bylaw No. 2018-07, and amendments thereto, are hereby repealed.
1.4
APPLICATIONS IN PROCESS
All redesignation, subdivision and development applications received in a
complete form prior to the effective date of this Bylaw shall be processed and
considered based on the regulations in effect consistent with Bylaw 2018-07,
unless prior to a decision being made on the application, the Village receives
a duly signed amended application requesting that said subdivision,
redesignation, or development application be processed and considered
based on the regulations of this Bylaw. No additional fees will be required for
this amendment.
1.5
APPLICATION AND ADDITIONAL REQUIREMENTS
1.5.1
The provisions of this Bylaw apply to all land and buildings within the
boundaries of the Village.
1.5.2
Compliance with the requirements of this Bylaw does not exempt any person
undertaking a development from complying with all applicable municipal,
provincial or federal legislation, and respecting any easements, covenants,
agreements or other contracts affecting the land or the development.
Village of Acme Land Use Bylaw # 2022-02
8
1.5.3
In addition to meeting the requirements of this Bylaw, it is the responsibility of
the applicant to obtain other such permits, approvals or licenses that may be
required by the municipality or other Provincial and/or Federal Government
departments and agencies. A person(s) who applies for, or is in possession of a
valid development permit is responsible for complying with or carrying out
development in accordance with:
(a) The conditions of any caveat, covenant, easement, instrument or
agreement affecting the land or building; and
(b) The requirements of other applicable Village bylaws, policies and
procedures as adopted by the Village from time to time; and
(c) The requirements of any other applicable provincial or federal
legislation.
1.6
CONFORMITY WITH BYLAW
No person shall commence any development unless it is in accordance with
the terms and conditions of this Land Use Bylaw.
1.7
SEVERABILITY
If any provision of this Bylaw is found to be unenforceable or contradictory to
superseding laws and regulations, it is the intention of the Council that such
provision be severed from this Bylaw and that every other provision of this
Bylaw continue in force and effect.
1.8
RULES OF INTERPRETATION
1.8.1
Compliance with the policies in this Bylaw shall be interpreted and applied as
follows:
(a) "MUST" is a directive term that indicates that the actions outlined are
mandatory and therefore must be complied with, without discretion.
(b) "SHALL" is a directive term that indicates the action(s) outlined are
mandatory and therefore must be complied with, without discretion, by
Administration, the developer/landowner, and/or the Development
Authority.
(c) "MAY" is a discretionary term, meaning the provision in question can be
enforced by the Village if it chooses to do so, dependent on the
particular circumstances of the site and/or application.
(d) "SHOULD" always applies to the situation unless it can clearly be
identified to the satisfaction of Council or the Approving Authority that
in the given situation, the policy is not reasonable, practical, or feasible.
(e) "PERMITTED USE" means the use of land or a building which is listed as
Permitted in a Land Use District and for which a development permit
must be issued with or without conditions by the Development Authority
if the proposed Development meets all requirements of this Bylaw.
(f) "DISCRETIONARY USE" means the use of land or a building for which a
development permit may be issued by the Development Authority, with
or without conditions. Discretionary uses require the approval of the
Municipal Planning Commission.
Village of Acme Land Use Bylaw # 2022-02
9
(g) When a regulation or district involves two (2) or more conditions,
provisions or events connected by a conjunction, the following
definitions shall apply:
(I) "And" means all the connected items shall apply in combination;
and
(II) "Or" indicates that the connected items may apply singularly or in
combination.
1.8.2
The system of measurement used in this document is the metric system.
Imperial conversions of metric measurements are provided in brackets, but
shall not be used in lieu of metric measurements.
1.9
AMENDMENTS TO THIS BYLAW
1.9.1
1.9.2
All amendments of this Bylaw shall be made by bylaw in conformity with
the Act and the regulations.
Any person may apply to have this Bylaw amended using the approved
form.
1.9.3
The Council may initiate amendments by its own motion.
1.9.4
All applications for amendments of this Bylaw shall be made using the
approved form, accompanied by:
(a) the fee as determined by Palliser Regional Municipal Services;
(b) a statement of the applicant's interest in the land;
(c) any drawings, plans or maps required by the Development Officer; and
(d) any documents required by the Palliser Regional Municipal Services, the
Subdivision Authority or Development Authority.
1.9.5
The Council, in considering an application for an amendment to this Land
Use Bylaw, shall, prior to the public hearing, refer a copy of the proposed
amendment to:
(a) Kneehill County, if the proposed amendment is required to be
circulated as per an Intermunicipal Development Plan; and
(b) Such other persons or agencies as it considers necessary for comment.
1.9.6
If an application for an amendment to this Bylaw has been refused by
Council, then Council need not accept a subsequent application for an
amendment for the same use on the same parcel for a period of six (6)
months from the date of refusal.
Village of Acme Land Use Bylaw # 2022-02
10
2 DEFINITIONS
The following definitions pertain to terms and words used within the Land Use Bylaw.
G
General Definitions (Related to individual site developments - e.g. setbacks, parking or
general terms that are not land uses)
L
Land Use Definitions (Permitted or Discretionary Uses listed in Districts in this Bylaw)
Disclaimer: The following table contains definitions for terms and words used within this Land Use
Bylaw. The column on the far right is for information purposes only to assist with navigating the
Bylaw.
Village of Acme Land Use Bylaw # 2022-02
11
TERM
DEFINITION
A
ACCESSORY
BUILDING -
GARDEN SHED
means an Accessory Building with no permanent foundation that
does not exceed 10.5 m2 (113 sq. ft.) in floor area and 2.5 (8 ft.) in
building height.
L
ACCESSORY
BUILDING -
FABRIC COVERED
See Fabric Covered Building - Accessory
L
ACCESSORY
BUILDING OR
ACCESSORY USE
means a building or structure, the use of which is incidental or
subordinate to the use of the principal building which is located on
the same parcel. A structure which is attached to the principal
building by a roof, a floor or a foundation is not an accessory
building, it is to be considered part of the principal building.
L
ACCESSORY
RESIDENTIAL
See Dwelling - Accessory Residential
L
ACCESSORY USE
means a use customarily incidental and subordinate to the main use
or building and is located on the same parcel of land with such main
use or building.
L
ACT
means the MGA as amended.
G
AGGREGATE
REMOVAL AND
STORAGE
means the on-site extraction from the subject property of aggregate
materials. Typical uses include, but are not limited to, gravel pits, sand
pits, clay pits and stripping of topsoil. This use also includes the
storage and processing of the materials.
L
AGRICULTURAL
SUPPLY DEPOT
means a facility for the purpose of supplying goods, materials, and/or
services that support agricultural uses, whether retail, wholesale, or in
bulk. This shall include such goods and services as sale and storage of
seeds, feeds, fertilizers, chemical products, fuels, lubricants, parts or
the rental, sale, repair and servicing of farm machinery and
equipment but does not include the buying or selling of farm
produce or animals.
L
AIRPORT
means an area used or intended for the arrival and departure or
servicing of aircraft and includes any building, installation, or
equipment in connection therewith.
APPEAL BODY
means the board hearing a subdivision or development
permit appeal in accordance with the Municipal Government Act.
G
ART STUDIO
means a use where art is produced by individuals. May include the
instruction of art to individuals or groups, and may include the sale of
art pieces produced by that use. This includes private art studios.
L
ASSISTED LIVING
means housing for people who require a wide range of support
services that provides nursing care, housekeeping, and prepared
meals as needed.
L
Village of Acme Land Use Bylaw # 2022-02
12
AUCTION MART
means a building, structure or lands used for the storage of goods
and materials which are to be sold on the premises by public auction
on an occasional basis. This use does not include the sale of animals.
L
AUTOMOTIVE REPAIR
means a facility where automotive repairs, rebuilding or
reconditioning and replacement services are provided. Typical uses
include, but are not limited to, collision and body repair services,
muffler shops, lubrication shops, brake repair shops, tire installation
shops, windshield replacement facilities.
L
AUTOMOTIVE, FARM
AND RECREATION
VEHICLE
SALES/SERVICE
means developments used for the retail sale of new or used
automobiles, farm machinery, motorcycles, snowmobiles, boats,
travel trailers or similar light recreational vehicles or crafts, together
with incidental maintenance services and sale of parts. Typical uses
include, but are not limited to, automobile dealerships, motorized
farm equipment dealerships and recreational vehicle sales.
L
B
BASEMENT
means that portion of a building which is located below the first floor
and is either partially or wholly below grade. A basement does not
constitute a storey for the purpose of this Bylaw.
G
BACKYARD SUITE
See Dwelling - Backyard Suite
L
BAKERY
means a use where baked goods are made. Includes the sale of
baked goods.
L
BALCONY
means an extension of a floor projecting from the wall of a Building
and enclosed by a parapet or railing.
G
BANK
See Financial Service
L
BED AND BREAKFAST
ESTABLISHMENT
means a lodging facility within an owner-occupied building having
accommodation for up to 8 guests, for short term accommodation,
with common washroom and dining facilities but with no cooking
facilities in guest rooms.
L
BOTTLE/RECYLING
DEPOT
means a building or facility in which recyclable materials are
collected, sorted and then shipped off-site for processing or
manufacturing.
L
BOULEVARD
means that portion of a roadway which is public land and is often
landscaped or planted to distinguish adjacent private lands from the
public roadway or thoroughfare.
G
BUS TERMINAL
means where transport vehicles load or unload passengers or goods.
L
BUFFER
means a row of trees, shrubs, earth berm, a strip of land or fencing to
provide visual screening and separation between sites and districts.
G
BUILDING
means a roofed structure with solid exterior walls and which is used or
intended to be used as shelter for persons, animals, equipment, or
goods and services.
G
Village of Acme Land Use Bylaw # 2022-02
13
BUILDING HEIGHT
means the vertical distance measured from the average grade to
the highest point of the building or structure. The highest point of a
building or structure shall be determined without considering an
elevator housing, roof stairway entrance, water tank, ventilating fan,
skylight, steeple, chimney, smokestack, fire wall, parapet wall, roof
sign, aerial array, flag pole or similar device or feature not structurally
essential to the building. See Figure 1 | Building Height
G
BUILDING MATERIAL
SALES AND STORAGE
means a business that sells building materials, tools and equipment
and stores building materials that will be or already have been sold.
L
BULK FUEL SALES
DEPOT
means a use where fuel for motor vehicles is sold either with or
without an attendant.
L
C
CAMPGROUND
means a development of planned campsites for the seasonal short
term use of recreational vehicles, campers, tent trailers, tents and
similar recreational vehicles where there are defined camping sites
within the development area of the land and is not used as year
round storage or accommodation for residential use. A campground
may include a potable water supply or sewage disposal facilities.
L
CANNABIS
means cannabis plant, fresh cannabis, dried cannabis, cannabis oil
and cannabis plant seeds and any other substance defined as
cannabis in the Cannabis Act (Canada) and its regulations, as
amended from time to time and includes edible products that
contain cannabis
G
CANNABIS
ACCESSORY
means cannabis accessory as defined in the Cannabis Act
(Canada) and its regulations, as amended from time to time.
G
CANNABIS
PRODUCTION
FACILITY
means a premise used for growing, producing, testing, destroying,
storing or distribution of Cannabis authorized by a license issued by
the federal Minister of Health. Distribution of Cannabis does not
include a "Cannabis Retail Store" use.
L
CANNABIS RETAIL
STORE
means a retail store licensed by the Province of Alberta:
(a) where Cannabis and Cannabis Accessories are sold for
consumption or use off premises,
(b) where consumption of cannabis must not occur; and
(c) where all cannabis that is offered or sold must be from a
federally approved and licensed facility.
L
CAR WASH
means a use where motor vehicles are washed and may contain
one or more wash bays where each wash bay is capable of washing
one motor vehicle at a time and must provide at least two (2) vehicle
stacking spaces for each wash bay door.
L
CEMETERY
means land that is set apart or land that is used for the burial of
human or animal remains. Typical uses are memorial parks and burial
grounds.
L
Village of Acme Land Use Bylaw # 2022-02
14
CHATTEL
means a movable article of personal, tangible property.
G
CLINIC
means an establishment in which medical, dental or other
professional healing treatment is given to human beings.
L
COMMUNICATION
STRUCTURE
means an exterior transmitting device - or group of devices - used to
receive and/or to transmit radiofrequency (RF) signals, microwave
signals, or other federally-licensed communications energy
transmitted from, or to be received by, other antennas.
Communication Structures include the antenna, and may include a
supporting tower, mast or other supporting structure, and an
equipment shelter. This protocol most commonly refers to the
following two types of Communication Structures:
(a) Freestanding Communication Structures: a structure (e.g. tower
or mast) built from the ground for the expressed purpose of
hosting a Communication Structure; and
(b) Building/Structure-Mounted Communication Structures: a
Communication Structure mounted on an existing structure,
which could include a building wall or rooftop, a light standard,
water tower, utility pole or other.
L
COMMUNITY HALL/
BUILDING
means a facility or building which is owned or leased by a community
association or group, non-profit organization, government, or
corporate entity for the purposes of public service or use.
L
COMMUNITY
RECREATION
FACILITY
means a facility that is available for use by the public for sports and
recreational activities conducted indoors and/or outdoors. Typical
uses include indoor/outdoor swimming pools, hockey or curling rinks,
gymnasiums, sports fields, outdoor tennis courts, unenclosed ice
surfaces or rinks, athletic fields, bowling greens, rodeo grounds, riding
stables and fitness trails. These facilities may be publicly or privately
owned and/or operated.
L
CONFINED FEEDING
OPERATION
means an activity on land that is fenced or enclosed or within
buildings where livestock is confined for the purpose of growing,
sustaining, finishing or breeding by means other than grazing and
requires registration or approval under the conditions set forth in the
Agricultural Operations Practices Act through the Natural Resources
Conservation Board.
G
CORNER SITE
See Parcel, Corner
G
COUNCIL
means the Council of the Village of Acme.
G
D
DAY HOME
means a private dwelling unit where temporary care, development
and supervision for periods not exceeding 24 consecutive hours is
provided to a maximum of six (6) children under the age of 13 years,
not including children under the age of 13 years who permanently
reside in the home.
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DAYTIME CHILD CARE
SERVICES
means development licensed by the Province of Alberta to provide
daytime personal care and education to children, but does not
include overnight accommodation. Typical uses include daycare
centers, day nurseries, kindergartens, nursery schools, and play
schools.
L
DATA CENTRE
means a building or group of buildings housing computer systems
that provide processing, storage, or distribution services.
L
DECK
means a flat, floored concrete or wooden structure, usually elevated
above grade level and usually adjoining a dwelling and accessory to
the principle residential use or building. A deck may consist of roofing
and means of vertical enclosure, but will not include any insulation or
heating apparatus contained within the structure.
G
DEMOLITION
means the pulling down, tearing down or razing of a building down
to its foundation.
G
DEVELOPMENT
AGREEMENT
means an agreement that may be required between a developer
and the Village in the form of a signed document which establishes
specific requirements of the Village for the construction of municipal
improvements related to a Development or Subdivision to be
undertaken within the Village of Acme.
G
DEVELOPMENT
means:
(a) an excavation of stockpile and the creation of either of them, or
(b) a building or an addition to, or replacement or repair of a
building and the construction or placing in, on, over or under
land of any of them, or
(c) a change of use of land or a building or an act done in relation
to land or building that results in or is likely to result in a change in
the land or building, or
(d) a change in the intensity of use of land or a building that results in
or is likely to result in a change in the intensity of use of land or
building.
G
DEVELOPMENT
AUTHORITY
means a person or body appointed as a Development Authority as
contemplated by and in accordance with the Municipal
Government Act.
G
DEVELOPMENT
OFFICER
means the office of the Development Officer as established by the
municipality in accordance with the Municipal Government Act.
G
DEVELOPMENT
PERMIT
means a document authorizing a development issued pursuant to
this Land Use Bylaw.
G
DISCRETIONARY USE
means a use of land or a building or a building provided for in this
Land Use Bylaw for which a development permit may be issued upon
an application having been made.
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DRINKING
ESTABLISHMENT
means a use:
(a) where the primary function is the servicing of alcoholic
beverages for consumption on the premises and is licensed by
Alberta Gaming, Liquor and Cannabis. Typical uses include (but
are not limited to) taverns, pubs, bars and nightclubs; and
(b) that may include supplementary preparation and sale of food for
consumption on the premises.
L
DRIVE-THROUGH
RESTAURANT
means a Food and Beverage Service Facility use that includes the
sale or service of food or beverages to an occupant within a
motorized vehicle.
L
DRIVE-THROUGH
SERVICE
means a business that is not a Food and Beverage Service Facility
that includes sales or service to an occupant within a motorized
vehicle (e.g. drive through banking).
L
DWELLING TYPES
For dwelling type visuals see Figure 2 | Dwelling Types
DWELLING UNIT
means a building or a self-contained portion of a building for the
residential use of one or more people living as a single housekeeping
unit, and containing complete sleeping, cooking and toilet facilities.
L
DWELLING -
ACCESSORY
RESIDENTIAL
means a dwelling unit situated above a commercial business in the
Downtown Commercial District. The residential use maintains its own
access and egress and must meet the parking standards of multi-
family residential uses identified in this bylaw. This use does not
include a security operators unit.
L
DWELLING -
BACKYARD SUITE
means a dwelling unit in a building that is detached from the main
residence, such as a garage suite, garden suite or laneway home
and accessory to the principal dwelling unit.
L
DWELLING -
MANUFACTURED
HOME
means a transportable, single or multiple section single detached
dwelling unit conforming to CAN/CSA Z240 MH Series certified
standards at time of manufacture. It is ready for residential
occupancy upon completion of set-up in accordance with required
factory recommended installation instructions.
L
DWELLING -
MODULAR
means a prefabricated or factory-built frame or shell which
comprises the wall or siding of a proposed dwelling unit. More
specifically, a modular home represents only a section of the
dwelling unit and such a unit has neither chassis, running gear, nor its
own wheels, but units may be stacked side-by-side or vertically, and
completed to form one or more complete dwelling unit(s) for year-
round occupancy.
L
DWELLING -
MULTIPLE UNIT
(APARTMENT)
means a residential building designed and built to contain three or
more dwelling units with shared services, facilities and outside
entrances.
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DWELLING -
MULTIPLE UNIT
(ATTACHED)
means a building designed and built to contain three or more
dwelling units separated from each other by a fire rated wall each
unit having separate entrances from grade level. (For purpose of this
Bylaw, Linked, Row, Village houses, four-plex, five-plex, and six-plex
units which meet this criteria are considered to be attached housing).
L
DWELLING -
PARK MODEL
means a recreational vehicle conforming to CAN-CSA series Z241
that may be located seasonally or permanently on a parcel of land.
The minimum allowable gross floor area for a park model shall be
27.87 square metres.
L
DWELLING -
SECONDARY SUITE
means a self-contained dwelling unit with a separate entrance from
the outside that is accessory to and located within a principal
dwelling unit and may be in the form of a basement suite, second
floor suite, attached garage suite or other similar self-contained
dwelling unit within a principal dwelling unit.
Subject to Regulations in Section: 8.14 Secondary Suites and
Backyard Suites
L
DWELLING -
SINGLE-DETACHED
means a detached building consisting principally of one dwelling unit
which is occupied or intended to be occupied as the permanent
residence of one or more individuals, but does not include a Two-Unit
Dwelling or Manufactured Home Dwelling and may have one or
more accessory or secondary dwelling units as may be approved by
the Development Authority in accordance with this Bylaw.
L
DWELLING -
TWO-UNIT
means a detached building divided into two dwelling units, each of
which is occupied or intended to be occupied as the permanent
residence of one or more individuals.
L
E
EASEMENT
means a right to use land generally for access to other property or as
a right-of-way for a public utility.
G
EXISTING
means existing as of the date of adoption of this bylaw.
G
EXTENSIVE
AGRICULTURE
means greenhouses, systems of tillage, raising of crops, or grazing on
large areas of land either separately or in conjunction with one
another. For the purposes of this Land Use Bylaw, Extensive
Agricultural does not include residential buildings, agricultural
buildings, the rearing of livestock, or Cannabis Processing Facility.
L
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FABRIC COVERED
BUILDING
means a fabric-membrane pre-engineered building for temporary
and permanent industrial, commercial and agricultural applications
including warehouses, equipment storage, manufacturing facilities,
barns, stables, arenas and event centers. All fabric covered
buildings shall require the appropriate building permits to ensure all
aspects of the development is in accordance with the Alberta
Safety Codes including appropriate foundation construction and
building anchoring.
L
FABRIC COVERED
BUILDING -
ACCESSORY
means a fabric covered building used as an accessory building on
a parcel and meeting all the stated regulations in this Bylaw
pertaining to an accessory building.
L
FABRIC COVERED
BUILDING -
PRINCIPAL
means a fabric covered building used as the principal building on a
parcel and meeting all the stated regulations in this Bylaw
pertaining to a principal building.
L
FARMERS MARKET
means a temporary, seasonal or occasional market held in an open
area or in a structure where groups of individual sellers offer for sale to
the public items such as fresh farm produce, food, beverages, arts,
crafts and other retail goods.
L
FENCE
means a vertical physical barrier constructed out of typical building
material to prevent visual or unauthorized access or both.
G
FINANCIAL SERVICE
means the provision of financial and investment services by a
Financial Service, trust company, investment dealer, credit union,
mortgage broker or related business.
L
FIRE HALL
means a building or structure containing vehicles and equipment
intended for the prevention or extinguishing of fires, including
ancillary rooms and activity areas for the firefighters, and may
include ancillary meeting rooms for public assemblies.
FLOOR AREA
means the total floor area of every room and passageway
contained in a building, not including the floor areas of basements,
attached garages, sheds, open porches, patios, open decks,
verandas or breezeways.
G
FLOOR AREA RATIO
(FAR)
means the ratio between the gross floor area of all the buildings or
structures on the parcel and the total area of the parcel upon which
all the buildings or structures are situated.
G
FOOD AND
BEVERAGE SERVICE
FACILITY
means development used for eating and drinking where food and
beverages are offered for sale to the public, for consumption within
the premises or off the site. This includes supplementary alcoholic
beverage service licensed by Alberta Gaming, Liquor and Cannabis.
Typical uses include, but are not limited to, restaurants, cafes, drive
through fast food outlets, ice cream parlors and catering
establishments.
L
FRONT YARD
See Yard, Front
G
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FUNERAL HOME
means a development used for the purpose of furnishing funeral
supplies and services to the public and includes facilities for the
preparation of the dead human body for internment. This use does
not include crematoriums.
L
G
GAMBREL ROOF
means a usually symmetrical two-sided roof with two slopes on each
side. The upper slope is positioned at a shallow angle, while the lower
slope is steep.
G
GOLF COURSE
means an area and accessory buildings and uses related to the
playing of the game of golf and without restricting the generality of
the foregoing includes pro shop, club house, restaurant, licensed
dining area or lounge, driving range and picnic area.
L
GOVERNMENT
BUILDING AND
FACILITIES
means a building or structure owned, operated, or occupied by a
Provincial, Federal or Local Government agency.
L
GRADE, BUILDING OR
STRUCTURE (USED TO
DETERMINE HEIGHT)
means the average elevation at the mid-point along the front
boundary and the finished ground elevation adjoining the rear of the
building or structure.
G
GRAIN ELEVATOR
means a building for elevating, storing, discharging, and sometimes
processing grain. The use may also include facilities for moving the
grain via a variety of transportation alternatives such as rail or trucks.
L
GREENHOUSE AND
PLANT NURSERY
means development used primarily for the raising, storage and sale
of produce, bedding, household, ornamental plants and related
materials such as tools, soil, and fertilizers. The main part of the
business must be plant related and any aggregate sales must be a
minor accessory component only. The greenhouse and plant nursery
use does not include Cannabis Processing Facility.
L
GROUP CARE
FACILITY
means a development using a dwelling unit for a provincially
approved residential social care facility providing rehabilitative and
supportive care. A Group Care Facility may incorporate
accommodation for a resident staff as part of the use.
H
HABITABLE AREA
means any room or space within a Building or Structure which is or
can be used for human occupancy, commercial sales, or storage of
goods, possessions or equipment (including furnaces) which would
be subject to damage if flooded.
G
HEIGHT
means the vertical distance from one point to another point.
Also see Building Height
G
HOSPITAL
means an institutional development used to provide in-patient and
out-patient health care to the public. Typical developments include
a community health centre and a full service hospital.
L
Village of Acme Land Use Bylaw # 2022-02
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HOTEL
means a development used for the provision of rooms or suites for
temporary sleeping accommodation where the rooms have access
from a common interior corridor and may be equipped with
individual kitchen facilities, and may include accessory food and
beverage service facilities, meeting rooms, personal service shops,
and general retail shops.
L
HOME OCCUPATION
- MINOR
means an accessory use by a resident of a Dwelling Unit for small-
scale business activities that are undetectable from outside the
Dwelling Unit.
L
HOME OCCUPATION
- MAJOR
means an accessory use by a resident of a Dwelling Unit or Accessory
Building for small-scale business activities that do not adversely affect
the residential character of the property and may have limited client
visits to the property. Uses do not include fabrication, manufacturing,
or mechanic shops.
L
I
IMPERVIOUS
SURFACE
means ground, covered ground, buildings, or structures which water
cannot infiltrate.
G
INDUSTRIAL WORK
CAMP
means a residential complex used to house employees on a
temporary basis, and without restricting the generality of the above,
the camp is usually made up of a number of mobile units, clustered in
such fashion as to provide sleeping, eating, recreation, and other
basic living facilities. The units may be dismantled and removed from
the site from time to time and may include accessory uses such as a
temporary office, storage yard and other similar and complementary
uses.
L
J
JUNKYARD
means the area outside of an enclosed Building where junk, waste,
used building and industrial materials, scrap metal, discarded or
salvage materials are bought, sold, exchanged, stored, baled,
parked, disassembled or handled.
L
K
KENNEL - BOARDING
means an establishment in which domestic animals are boarded
overnight for periods greater then 24 hours. Kennel - Boarding
does not include a Veterinary Clinic.
L
KENNEL - BREEDING
means an establishment in which domestic animals housed for the
purpose of breeding.
L
L
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LAND AND PROPERTY
RIGHTS TRIBUNAL
(LPRT)
means the Land and Property Rights Tribunal as defined in the
Municipal Government Act.
G
LANDFILL
means a waste management facility at which waste is disposed of by
placing it on or in land, but does not include a land treatment facility,
a surface impoundment, a salt cavern or a disposal well.
G
LAUNDROMAT
means a public place with coin operated washing machines, spin
dryers or dry cleaning machines.
L
LANDSCAPING
means to change or modify the natural features of a site so as to
make it more attractive by adding lawns, trees, shrubs, ornamental
planting, fencing, walks, drives, or other structures and materials.
G
LANE
means a public thoroughfare which provides a secondary means of
access to a site or sites.
G
LIBRARY
means a public facility in which literary, musical, artistic, or reference
materials such as but not limited to books, manuscripts, computers,
recordings, or films are kept for use by or loaning to patrons of the
facility, but are not normally offered for sale.
L
LIQUOR STORE
means a use where alcoholic beverages are sold for consumption off
the retail outlet premises, that has been licensed by the Alberta
Gaming and Liquor Commission.
L
LIVESTOCK
means animals raised in agricultural settings to provide labor and
produce commodities such as meat, eggs, milk, fur, leather, and
wool. Examples may include (but are not limited to) cattle, sheep,
goats, rabbits, swine, fowl, poultry, etc.
L
LOADING SPACE
means a space for parking a vehicle while being loaded or
unloaded.
G
LOT
means a lot as defined in the Municipal Government Act, Part 17,
Section 616, which is defined as:
(a) a quarter section,
(b) a river lot shown on an official plan, as defined in the Surveys Act,
that is filed or lodged in a land titles office,
(c) a settlement lot shown on an official plan, as defined in the
Surveys Act, that is filed or lodged in a land titles office,
(d) a part of a parcel of land described in a certificate of title if the
boundaries of the part are described in the certificate of title
other than by reference to a legal subdivision, or
(e) a part of a parcel of land described in a certificate of title if the
boundaries of the part are described in a certificate of title by
reference to a plan of subdivision.
Also see the related definition Parcel
G
M
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MANUFACTURING,
PROCESSING OR
ASSEMBLY FACILITY
means the manufacturing or assembly of goods, products or
equipment, including food products to be consumed by human or
animals and/or the processing of raw or finished materials, including
the servicing, repairing or testing of materials, goods and equipment
normally associated with the manufacturing, processing or assembly
operation. It may include any indoor display, office, technical or
administrative support areas or any sales operation accessory to the
principal use. Manufacturing, processing or assembly facility does not
include Cannabis Processing Facility.
L
MANUFACTURED
HOME
See Dwelling - Manufactured Home
L
MANUFACTURED
HOME PARK
means a parcel of land that has been planned, divided into
manufactured home sites and improved for placement of
manufactured homes for permanent residential use.
L
MOTEL
means a development for the provision of rooms or suites for
temporary lodging and light housekeeping, where each room or
suite has its own exterior access. It may include accessory food and
beverage service facilities.
L
MUNICIPALITY
means the area of land contained within the legal boundaries of the
Village of Acme corporate limits.
G
MUSEUM
means an establishment, building or institution devoted to the
procurement, care, study and display of objects of lasting interest or
value and may have a retail component.
L
N
NATURAL BOUNDARY
means the visible high water mark of any lake, river, stream or other
body of water where the presence and action of the water are so
common and usual and so long continued in all ordinary years as to
mark upon the soil of the bed of the lake, river, stream or other body
of water a character distinct from that of the banks thereof, in
respect to vegetation, as well as in respect to the nature of the soil
itself. In addition, the Natural Boundary includes edge of dormant or
old side channels and marsh areas.
G
NON-CONFORMING
BUILDING
means a building lawfully constructed or lawfully under construction
at the date this bylaw becomes effective, as required by the Act,
and which does not or will not comply with the development
requirements of this bylaw.
G
NON-CONFORMING
USE
means a lawful specific use being made of land or a building or
intended to be made of a building lawfully under construction at the
date this bylaw becomes effective, as required by the Act, and
which does not or will not conform with the use requirements of this
bylaw.
G
O
Village of Acme Land Use Bylaw # 2022-02
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OFFICE
means development primarily for the provision of professional,
management, administrative, consulting, or financial services in an
office setting. Typical uses include, but are not limited to, the offices
of lawyers, accountants, travel agents, real estate and insurance
firms, planners and other consultants, clerical services and secretarial
agencies. This excludes the servicing and repair of goods, the sale of
goods to the customer on site, and the manufacture or handling of a
product.
L
OILFIELD SERVICE
means a development that provides services to pipeline, oil field and
mining operations. The business is contained within an enclosed
development, the outdoor storage of any materials, heavy vehicles,
equipment and/or pipes is restricted to 20% of the total parcel size,
and such outdoor storage must be screened to the satisfaction of the
development authority. Typical services include but are not limited
to, well conditioning, well logging, x-ray and diagnostic, cathodic
protection or wireline services. This use does not include tank farm.
L
OUTDOOR DISPLAY
YARD
means an area outside an enclosed building used solely for the
display of finished products of an industry, the display of vehicles,
trailers, trucks, truck trailers equipment, machinery or boats for sale or
for rental, or a retail establishment.
L
P
PAD
means a paved surface on which blocks, posts, runners or strip
footings are placed for the purpose of supporting a Manufactured
Home or unit.
G
PARCEL
means the aggregate of the one or more lots described in a
Certificate of Title or described in a Certificate of Title by reference to
a plan file or registered in a Land Titles office.
G
PARCEL AREA
means the total area of land within the parcel.
G
PARCEL, CORNER
means a parcel that abuts two intersecting public streets. A corner
Parcel is determined to have a Parcel Line, Exterior Side and a Parcel
Line, Interior Side.
G
PARCEL COVERAGE
means the percentage of the Parcel Area covered by the area of all
Buildings including Accessory Buildings, and excludes balconies, bay
windows, canopies and sun shades, cornices, eaves and gutters, roof
overhangs, fire escapes, sills, steps, open and enclosed terraces at
grade or similar projections.
See Figure 3 | Site Coverage Calculations
G
PARCEL LINE
means the legal boundary of a parcel. See Figure 4|Parcel and Yard
Types
G
PARCEL LINE,
EXTERIOR SIDE
means a Parcel Line, other than a Front or Rear Parcel Line, which
abuts a public street.
See Figure 4|Parcel and Yard Types
G
Village of Acme Land Use Bylaw # 2022-02
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PARCEL LINE, FRONT
means the shortest Parcel Line that abuts a public street unless
otherwise determined by the Development Authority in accordance
with this Bylaw.
See Figure 4|Parcel and Yard Types
G
PARCEL LINE,
INTERIOR SIDE
means a Parcel Line other than a Rear or Front Parcel Line, which
abuts another parcel or a lane and does not abut a public street.
See Figure 4|Parcel and Yard Types
G
PARCEL LINE, REAR
means the Parcel Line which is opposite to and is not connected to
the Front Parcel Line.
See Figure 4|Parcel and Yard Types
G
PARCEL WIDTH
means the average horizontal distance between two side Parcel
Lines.
See Figure 4|Parcel and Yard Types
G
PARK
means land set aside for outdoor recreation or education, or to
protect sensitive natural features and or areas of cultural or scenic
value. Without restricting the generality of the foregoing, parkland
may accommodate more active recreational pursuits, such as tot-
lots, playgrounds, walkways and sports fields.
G
PARKING SPACE
means a space within a Building or Parking Area, for the parking of
one vehicle, excluding driveways, aisles, ramps, columns, office and
work areas.
G
PARKING SPACE,
ACCESSIBLE
means a parking space that is accessible for those with mobility
needs.
G
PARKING LOT
means an area of cleared land dedicated to the parking of vehicles,
and usually provided with a durable or semi-durable surface.
G
PARTY WALL
means a wall common to two dwelling units joining the abutting units
across a common interior lot line.
G
PERMITTED USE
means the use of land or of a building which is listed in the column
captioned, Permitted Uses in the lists of which, when it meets the
applicable provisions of this bylaw, a development permit shall be
issued.
G
PERSONAL SERVICE
means a development used for the provision of personal services to
an individual which are related to the care and appearance of the
body. Or the cleaning and repair of personal effects including
barbershops, hairdresser, beauty salons, tanning salons, tailors,
dressmakers, shoe repair shops and other similar uses.
L
PET CARE SERVICE
means a use where small domestic (non-livestock) animals are
washed, groomed, trained or boarded during the day.
POST OFFICE
means an office or station of a government system at which mail is
received and sorted, from which it is transported, and at which
stamps are sold or other services rendered.
L
Village of Acme Land Use Bylaw # 2022-02
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PRINT SHOP
means an establishment where the printing of newspapers, books,
and other materials takes place.
L
PRIVATE CLUB
means an indoor development used for the meeting, social or
recreational activities used predominantly by area residents.
L
PUBLIC STREET
means a public thoroughfare, referred to interchangeably as a road.
G
R
REAR YARD
See Yard, Rear
L
RECREATION
FACILITY
means a public or private development providing facilities for
recreational entertainment and activities either indoor or outdoor.
Typical uses include, but are not limited to, a theatre, craft studio,
pool hall, bowling alley, swimming pool, hockey rink, rodeo/exhibition
grounds, trails and a multi-purpose facility. This use does not include a
golf course.
RELIGIOUS ASSEMBLY
means a development including any meeting halls used for spiritual
worship and related religious activities. Typical accessory uses
include, but are not limited to, administrative offices, accessory
manses, rectories or parish houses.
G
RETAIL STORE
means a development used for the sale of consumer goods from
within an enclosed building and included limited on-site storage or
limited seasonal outdoor sales to supports that store's operations.
Retail store use does not include Cannabis Retail Sales.
L
S
L
SCHOOL
means a premise that involves public assembly for education,
training or instruction purposes, and includes the administration
offices required for the provision of such services on the same site. This
includes but is not limited to a public school, a separate school, or a
technical school, their administrative offices and school bus parking.
This use may also include outdoor recreational uses typically
associated with an educational facility such as a track or outdoor
courts.
L
SECONDARY SUITE
See Dwelling, Secondary Suite
Village of Acme Land Use Bylaw # 2022-02
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SELF-STORAGE
FACILITY
means a use:
(a) where goods are stored in a building;
(b) where the building is made up of separate compartments and
each compartment has separate access;
(c) that may be available to the general public for the storage of
personal items;
(d) that may include the administrative functions associated with the
use; and
(e) that may incorporate custodial quarters for the custodian of the
facility.
L
SENIOR RESIDENTIAL
CARE
means independent and assisted living for seniors that may also
include multi-purpose rooms for communal purposes, services such as
laundry, dining, kitchen, fitness, salon services, massage clinic,
physiotherapy, visiting and guest housing, service staff housing,
offices, and public use of equipment, services and spaces that
support in some capacity the independent and assisted living
principal use.
L
SERVICE STATION
means premises used principally for the retail sale of motor fuels,
lubricating oils and motor vehicle accessories and the servicing of
passenger vehicles and light trucks, and may include the auxiliary
retail sale of other products, but shall not include any wholesale sales,
automotive frame repairs, body repairs, or painting, heavy
equipment or heavy truck repair.
L
SETBACK
means the minimum distance between a building, structure, or use,
from a parcel line.
SIDE YARD
See Yard, Side
G
SIGN
means a visual medium used to convey information by way of words,
pictures, images, graphics, emblems, or symbols, or any device used
for the purpose of providing direction, identification, advertisement,
business promotion, or the promotion of a person, product, activity,
service, event, or idea.
Note: Sign types are further defined in Part 9.
G
SIMILAR USE
means a specific use of land or of a building that is not expressly
mentioned in this bylaw but which the Development Authority has
determined to be similar in character and purpose to a use listed as a
Permitted or Discretionary Use in the district in which such use is
proposed.
G
SITE
See Lot or Parcel
L
SITE COVERAGE
See Parcel Coverage
G
SHIPPING
CONTAINER
means a prefabricated container designed, constructed and used
for the transportation of goods by rail, ship, or truck, whether or not it
is intended to continue to be used for this purpose.
G
Village of Acme Land Use Bylaw # 2022-02
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SHOPPING CENTRE
means a unified group of Retail Stores, Personal Service
Establishments, Clinics and Offices on a site planned, developed and
managed as a single operating unit, with shared on-site parking.
L
STREET
means a public thoroughfare and referred to interchangeably as a
road.
G
STORAGE STRUCTURE
means a structure that does not meet the definition of an accessory
building and is used for the storage of goods or equipment. A storage
structure may be in the form of a shipping container, trailer or other
structure.
G
STORAGE YARD
means a use:
(a) where goods, motor vehicles or equipment used in road
construction, building construction, oilfield services and similar
industries are stored when they are not being used are stored
outdoors; or
(b) where the vehicles and equipment stored may also be serviced,
cleaned or repaired; or
(c) that may involve the storage of construction material such oil
and gas pipeline materials; or
(d) that does not involve the storage of any derelict vehicles or
derelict equipment; or
(e) that does not involve the production or sale of goods as part of
the use; or
(f) that may have a building for the administrative functions
associated with the use.
G
STOREY
means that portion of a building which is situated between the top of
any floor and the top of the floor next above it, and if there is no floor
above it, that portion between the top of a floor and the ceiling
above it. A storey does not include a basement or walkout
basement.
L
STRUCTURE
means any construction fixed to, supported by or sunk into land or
water but does not include fences, retaining walls, concrete, asphalt,
brick, tile, or similar surfaced areas.
L
SUBDIVISION
AUTHORITY
means a person or body appointed as a Subdivision Authority in
accordance with the MGA.
G
SUBDIVISION AND
DEVELOPMENT
APPEAL BOARD
means a Subdivision and Development Appeal Board established by
Council pursuant to the Act.
G
T
G
TEMPORARY
DEVELOPMENT
means a development for which a development permit has been
issued for a limited time only, as determined by the development
authority and indicated in the conditions of the development permit.
G
Village of Acme Land Use Bylaw # 2022-02
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THEATRE
means a structure used for dramatic, operatic, motion pictures, or
other performance, for admission to which entrance money is
received and no audience participation or meal service allowed.
L
TOURIST
INFORMATION
CENTER
means the use of a parcel of land or a building to provide
information to the travelling public and may include washrooms and
picnic facilities.
L
U
G
USE
means the purpose for which any parcel, tract of land, Building or
Structure is designed, arranged or intended or for which it is occupied
or maintained.
UTILITIES
means any one or more of the following:
(a) systems for the distribution of gas, whether artificial or natural;
(b) facilities for the storage, transmission, treatment and distribution
or supply of water;
(c) facilities for the collection, treatment, movement, or disposal of
sanitary sewage;
(d) storm sewer drainage facilities;
(e) systems for electrical distribution and lighting; or
(f) systems for telephone and cable TV distribution.
V
G
VETERINARY CLINIC
means a facility for the medical care and treatment of animals, and
includes provision for the overnight accommodation. The use of the
facility for overnight boarding shall be limited to short time boarding
while the animals are awaiting treatment or are recovering from
treatment and shall be incidental to the hospital use. This definition
does not include the use Pet Care Service, Kennel - Breeding or
Kennel - Boarding.
L
W
WHOLESALE
DISTRIBUTORS
means a premise used for the sale of a limited range of bulky goods
from within an enclosed building where the size and nature of the
principal goods being sold typically require large floor areas for direct
display to the purchaser or consumer. This includes but is not limited
to development where principal goods being sold are such bulky
items as furniture, carpet, major appliances, and building materials.
L
WASTE
MANAGEMENT
FACILITY
means a solid waste transfer station for the processing, storing,
recycling or future land filling of municipal waste, but does not
include an automobile wrecker.
L
WIDTH
means the average horizontal distance between the side boundaries
of a site.
L
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Y
L
YARD, FRONT
means the area of a parcel located between the Front Parcel Line
and the nearest point of the principal building.
See Figure 4|Parcel and Yard Types
YARD, REAR
means the area of a parcel located between the Rear Parcel Line
and the nearest point of the principal building
See Figure 4|Parcel and Yard Types
G
YARD, INTERIOR SIDE
means the area of a parcel located between the Interior Side Parcel
Line and the nearest point of the principal building.
See Figure 4|Parcel and Yard Types
YARD, EXTERIOR SIDE
means the area of a parcel located between the Exterior Side Parcel
Line and the nearest point of the principal building.
See Figure 4|Parcel and Yard Types
All other words and expressions have the meanings respectively assigned to them in the
Municipal Government Act.
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3 DEVELOPMENT AND SUBDIVISION AUTHORITIES
3.1
ESTABLISHMENT OF THE DEVELOPMENT AUTHORITY
The Development Authority shall exercise development powers and perform
duties on behalf of the municipality in accordance with Part 17 of the MGA and
may include:
(a) Development Officer
(i) The Development Officer, established by separate Bylaw in
accordance with the MGA, shall perform such duties as are
specified in this Bylaw.
(b) Municipal Planning Commission
(i) The Municipal Planning Commission, established by separate Bylaw
in accordance with the MGA, shall perform such duties as are
specified in this Bylaw.
3.2
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
The Village of Acme has established an Intermunicipal Subdivision and
Development Appeal Board (ISDAB).
3.2.1
The ISDAB, established by separate Bylaw in accordance with the
MGA, shall perform such duties as are specified in this Bylaw.
3.2.2
An ISDAB is a Subdivision and Development Appeal Board for the
purposes of this Bylaw.
3.3
DEVELOPMENT AUTHORITY POWERS AND DUTIES
3.3.1
The Development Authority must make available for inspection, during
office hours, all applications and decisions for development permits,
subject to any legislation in force restricting availability.
3.3.2
The Development Authority must administer this Bylaw and decide upon
all development permit applications.
3.3.3
The types of development permit applications a Development Authority
may decide upon include:
(a) a permitted use that complies with all requirements of this Bylaw;
(b) a permitted use that does not comply with all requirements of this
Bylaw;
(c) a discretionary use that complies with all requirements of this
Bylaw;
(d) a discretionary use that does not comply with all requirements of
this Bylaw.
3.3.4
The Development Authority must not approve a development permit
for an addition or structural alteration to a non-conforming building.
3.3.5
The Development Officer must collect fees according to Master Rates
Bylaw.
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3.3.6
The Development Authority may refuse to accept a development
permit application where:
(a) the information required is not provided;
(b) the quality of the information provided is inadequate to properly
evaluate the application; or
(c) the fee for a development permit application has not been paid.
3.4
SUBDIVISION AUTHORITY
The Subdivision Authority, as established by separate Bylaw in accordance with
the MGA, shall perform duties on behalf of the municipality in accordance with
the MGA, the Land Use Bylaw and all relevant Village planning and policy
documents.
3.5
SUBDIVISION AUTHORITY POWERS AND DUTIES
3.5.1
The Subdivision Authority shall:
(a) Receive all complete applications for subdivision including the
required application fees;
(b) on receipt of an application for subdivision, review to ensure
sufficient information is provided to adequately evaluate the
application in accordance with Part 1 of the Subdivision and
Development Regulation;
(c) keep a register of all applications for subdivision, including the
decisions therein and the reasons therefore;
(d) circulate applications for subdivision for comments to those
authorities and agencies as prescribed within the MGA,
Subdivision and Development Regulation and this Land Use Bylaw,
and add all comments to the subdivision report.
(e) circulate applications for subdivision for comments to adjacent
municipalities in accordance with referral policies in an
Intermunicipal Development Plan.
(f) the Subdivision Authority may proceed with processing of the
application after thirty (30) days from the date of referral to
authorities, agencies or landowners whether or not comments
have been received;
(g) subdivision applications not requiring circulation under the MGA
are exempt from subsections 2.5. e), f), and g).
(h) prepare a subdivision report including all relevant information to
the application, recommendations and any comments received
from circulated agencies and will review the report with the
Municipal Planning Commission for municipal recommendations;
(i) decide upon all applications in accordance with the MGA, the
Subdivision and Development Regulation and Land Use Bylaw
with consideration of all comments received through circulation
and the recommendations of the Municipal Planning Commission;
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(j) prepare, sign and transmit all notices of decision to the relevant
agencies in accordance with the Subdivision and Development
Regulation;
(k) keep and maintain for the inspection of the public copies of all
decisions and ensure that copies of same are available to the
public at a reasonable charge;
(l) ensure all conditions are complied with prior to endorsement to
the satisfaction of the municipality;
(m) endorse Land Titles instruments to affect the registration of the
subdivision of land;
(n) appear before the Intermunicipal Subdivision and Development
Appeal Board or Land and Property Rights Tribunal where appeals
are made on subdivision application decisions; and
(o) advise the Council, Municipal Planning Commission and
Intermunicipal Subdivision and Development Appeal Board on
matters relating to the subdivision of land.
3.6
SUBDIVISION OF LAND
A development requiring subdivision of land shall not be issued a development
permit until such time as subdivision approval has been received from the
Subdivision Approving Authority or upon a successful appeal to the Land and
Property Rights Tribunal or the Intermunicipal Subdivision and Development
Appeal Board.
3.7
FORMS AND NOTICES
For the purpose of administering the provisions of this bylaw, the Subdivision
and Development Authority shall prepare forms and notices as they may deem
necessary.
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4 DEVELOPMENT PERMITS
4.1
DEVELOPMENT PERMITS REQUIRED
4.1.1
No development, other than those designated in Section 4.2 Development
Permits Not Required of this Bylaw, shall be undertaken within the Village
unless a development permit has been approved and a development
permit issued.
4.1.2
Notwithstanding subsection 4.1.1, while a development permit may not be
required pursuant to Section 4.2 the development shall comply with all
regulations of this Bylaw.
4.1.3
Stripping, filling, excavation and grading of land is not allowed except
when such operations are performed in accordance with a valid
development permit. This does not include landscaping as outlined in 4.2.4
(i).
4.2
DEVELOPMENT PERMITS NOT REQUIRED
4.2.1
Where a development permit is not required by this Bylaw it does not
negate the requirement of obtaining all required permits, as applicable,
under the Safety Codes Act and any other Provincial or Federal statute.
4.2.2
Where a development permit is not required by this Bylaw it does not
negate the requirement of obtaining a business license where required.
4.2.3
The following developments shall not require a development permit:
(a) any use or development exempted under section 618(1) of the Municipal
Government Act;
(b) any use or development exempted by the Lieutenant Governor in
Council pursuant to section 618(4) of the Municipal Government Act;
(c) communication Structures that are regulated by Industry Canada and
that comply with the Federal Radio Communication Act; and
(d) the completion of a building that did not require a development permit
under the previous land use bylaw and which was lawfully under
construction provided the building is completed within 12 months from
the date this Bylaw came into effect.
4.2.4
Prior to commencement of the following developments it shall not be
necessary to obtain a development permit, but the development shall
otherwise comply with the provisions of this Bylaw:
(a) The carrying out of works of maintenance or repair to a building provided
that such work:
(i) does not include structural alterations;
(ii) does not change the use or intensity of the use of the structure;
(b) The demolition of a building with an area less then 56 m2 (602.8 sq. ft);
(c) The maintenance or repair of public works, services or utilities carried out
by or on behalf of federal, provincial and municipal public authorities on
land which is publicly owned or controlled;
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(d) The construction, maintenance and repair of private walkways,
pathways, driveways, patios and similar works;
(e) The erection or construction of gates, fences, walls or other means of
enclosure (other than where abutting a road used by vehicular traffic)
less than one metre (3.2 ft.) in height in front yards and less than 1.82
metres (6.0 ft.) for side and rear yards, and the maintenance,
improvement and other alterations of any gates, fences, or walls or other
means of yard enclosure. Must meet section requirements in 7.9 FENCING
and Hedges of this Bylaw.
(f) In a commercial district, fences do not require a development permit
and must meet section requirements in 7.9 Fencing and Hedges of this
Bylaw.
(g) The erection or construction of decks less than 0.6 m (2.0 ft) measured
from lowest grade point to top of deck surface.
(h) The erection or construction or replacement of one (1) Accessory
Building - Garden Shed per parcel, not on a permanent foundation or
concrete pad, which does not exceed 10.5 m2 (113 sq. ft.) in floor area
and 2.5 m (8 ft.) in height, and must comply with all setbacks in the
district. This does not include Accessory Building - Fabric Covered;
(i) General hard or soft landscaping activities on a developed lot, such as
but not limited to loaming, graveling and seeding yard areas, planting
trees or shrubs, gardening, where these activities do not affect surface
water run off or may cause existing surface soils to slough onto adjacent
properties, or;
(j) The use of a building or part thereof as a temporary polling station for a
Federal, Provincial, or Municipal election, referendum or plebiscite;
(k) An official notice, sign, placard or bulletin required to be displayed
pursuant to provisions of Federal, Provincial or Municipal Legislation;
(l) A Home Occupation - Minor; and
(m) Extensive Agriculture must meet requirements in Section 8.15 Agricultural
Operations.
4.3
APPLICATION FOR A DEVELOPMENT PERMIT
4.3.1
Any owner of a parcel, an authorized agent, or other persons having legal
or equitable interest in the parcel may make application for a
development permit to the Development Authority using the approved
form and shall be accompanied by information as may be required by the
Development Authority to evaluate the application including, but not
limited to:
(a) a site plan in duplicate, drawn to scale, which shows the following:
(i) legal description of the site with north arrow;
(ii) area and dimensions of the land to be developed including the
front, rear and side yards if any;
(iii) area and external dimensions including the heights of all buildings
and structures to be erected on the land;
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(iv) any provisions for off-street loading and vehicle parking, including
all access and egress points to the site; and
(v) the position and distances of any existing building, roads, water
bodies, trees or other physical features on the land to be
developed.
(b) floor plans, elevations, grading and drainage plans and sections in
duplicate and an indication of the exterior finishing materials and colour if
required by the Development Authority;
(c) pictures of the interior and exterior of an existing building that is proposed
to be moved on to a parcel within the Village of Acme;
(d) a statement of the proposed use or uses;
(e) a statement of ownership of land and the interest of the applicant
therein;
(f) the estimated commencement and completion dates;
(g) the estimated cost of the project or contract price;
(h) the development permit fee as prescribed by Council;
(i) a surveyor's certificate or real property report if required by the
Development Officer;
(j) written agreement of the registered land owner(s) of the property with
regard to the proposed development, if required.
4.3.2
The Development Authority may require additional copies of the
application plans or specifications as well as additional information as
deemed necessary to sufficiently evaluate the application.
4.3.3
The Development Authority shall issue a notice of "Complete" or
"Incomplete" application, within 20 days of the submission in accordance
with the requirements of the Act.
4.4
DECIDING ON DEVELOPMENT PERMIT APPLICATIONS
4.4.1
A Development Officer:
(a) Shall receive, consider and decide on an application for a development
permit:
(i) for those uses listed as a permitted use for the relevant land use
district which either comply with the minimum standards for that
district; or
(ii) otherwise comply with the minimum standards, but require
relaxation of one measurable standard no greater than 20% of that
standard;
(b) Shall receive, consider and decide on an application for those uses listed
as discretionary uses; and
(c) May at their discretion refer with his/her recommendations, to the
Municipal Planning Commission for its consideration and decision, any
application for a development permit for those uses which are listed as:
(i) a permitted use but require a relaxation/variance of more than one
measurable standard; or
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(ii) a permitted use but require relaxation of one measurable standard
greater than 20%.
4.4.2
A Development Officer may refer to the Municipal Planning Commission at
his/her discretion any application which in his/her opinion should be
decided by the Commission.
4.4.3
The Municipal Planning Commission shall decide on all applications
referred to the Commission by the Development Officer.
4.4.4
Where an application is referred to the Municipal Planning Commission the
Commission shall either:
(a) approve the application without conditions;
(b) approve the application with conditions, either indefinitely or for a limited
period of time,
(c) table the application requesting additional information from
administration or the applicant, or refuse the application stating reasons.
4.4.5
When making a decision on a development permit application for a
discretionary use the Development Officer or Municipal Planning
Commission must take into account:
(a) any plans and policies affecting the parcel;
(b) the purpose statements in the applicable land use district;
(c) the appropriateness of the location and parcel for the proposed
development;
(d) the compatibility and impact of the proposed development with respect
to adjacent development and the neighbourhood;
(e) the merits of the proposed development;
(f) the servicing requirements;
(g) access and transportation requirements;
(h) vehicle and pedestrian circulation within the parcel; and
(i) sound planning principles.
4.4.6
An application may be approved where the proposed development does
not comply with the minimum or maximum requirements of the Bylaw if, in
the opinion of the Municipal Planning Commission, the proposed
development would not:
a) unduly interfere with the amenities of the neighborhood; or
b) materially interfere with or affect the use, enjoyment or value of
neighbouring properties.
4.4.7
In the case where a proposed specific use of land or a building is not
provided for in any land use district in the Bylaw, the Municipal Planning
Commission may determine such a use is similar in character and purpose
to another use of land or building that is included in the list of permitted
and discretionary uses prescribed for that land use district.
4.4.8
The Development Officer or Municipal Planning Commission may require,
as a condition of issuing a development permit, the applicant to enter into
an agreement to construct or pay for the construction of public roadways
or parking facilities, to install or pay for the installation of utilities or to pay
off-site levy or redevelopment levy imposed by a Bylaw.
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4.4.9
If a decision is not made on a development permit application within 40
days after it is deemed or determined complete by the Development
Officer, the applicant may deem it to be refused at the end of the 40 day
period unless the applicant for a development permit enters into an
agreement to extend the 40 day time period.
4.4.10 The Development Officer or Municipal Planning Commission may issue a
temporary development permit, for a period not exceeding one (1) year
unless a longer term is required in consideration of a specific use or project
that is temporary but requires a longer time frame.
4.5
ISSUANCE OF A DEVELOPMENT PERMIT AND NOTICES
4.5.1
A development permit granted pursuant to this Bylaw does not come into
effect until 21 days after the date the development permit is
communicated as described in this section. Any development proceeded
with by the applicant prior to the expiry of this 21 day period is done solely
at the risk of the applicant.
4.5.2
Notwithstanding 4.5.1, a development permit approval for a permitted use
that does not require a relaxation/ variance to any standards within this
Land Use Bylaw shall not be required to be circulated and shall be come
into effect on the date that the development permit notice of decision is
communicated to the applicant.
4.5.3
Where an appeal is made pursuant to this Bylaw, a development permit
which has been granted shall not come into effect until the appeal has
been determined and the permit may be modified or nullified thereby.
4.5.4
When a permit has been granted for a discretionary use or a relaxation/
variance to any development standards in this Bylaw, the Development
Officer shall:
(a) immediately post a notice of the decision conspicuously on the property
for which the application has been made; or
(b) a notice in writing shall be immediately mailed to all registered owners of
land who in the opinion of the Development Officer may be affected; or
(c) a notice shall be immediately published for two weeks on the Village's
website, and/or social media, and/or newspaper, circulating in the
municipality stating the location of the property which the application
has been made and the development permit granted.
4.5.5
If the Development authorized by a permit is not commenced within 12
months from the date granted or carried out with reasonable diligence, the
development permit is deemed to be void, unless an extension to this
period has previously been granted by the Development Authority.
4.5.6
A decision by the Development Authority on an application for a
development permit shall be given in writing and a copy (digital or paper)
of it sent to the applicant.
4.5.7
When the Development Authority refuses an application for a development
permit, the decision shall contain reasons for the refusal.
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4.6
CONDITIONS OF A DEVELOPMENT PERMIT
4.6.1
Any condition which is attached to a development permit forms part of the
development permit, and shall be complied with for the development
permit to remain Valid.
4.6.2
The Development Authority may attach conditions to any development
permit that is a discretionary use or permitted use with a variance:
(a) to ensure that a proposed use or Development of Land or Buildings will
comply with the provisions of this Bylaw and any applicable Statutory
Plans;
(b) specifying the period of time during which a development permit is valid
and/or the date by which Development shall commence;
(c) governing the design, character, appearance, size, height, location,
position, density and intensity of Use, servicing, vehicle and pedestrian
accessibility, landscaping, paving, lighting, advertising, identification of
Use of any proposed Use of Development;
(d) governing the excavation, filling or reclamation of land;
(e) requiring the developer contact Utility Safety Partners, or their succession
agency, prior to the construction, to locate the utilities that run through
the property;
(f) that the developer obtains a building permit and all other permits as
required by the Safety Codes Council and meet all Safety Code
Requirements;
(g) requiring irrevocable letters of Credit, bond, or other assurances to ensure
compliance with the conditions of approval and/or the construction of
any required facilities;
(h) requiring the registration of a restrictive covenant, caveat or easement;
and
(i) Requiring other conditions as deemed necessary.
4.6.3
Any person or business to whom a development permit has been issued,
and any successor owner of the property in respect of which a
development permit has been issued, shall continuously comply with the
conditions of the development permit.
4.7
DEVELOPMENT AGREEMENTS
4.7.1
As per section 650 of the MGA, the Development Authority may require that
as a condition of issuing a development permit, the applicant enter into an
agreement with the Village to do any or all of the following:
(a) to provide security to ensure that the terms of the agreement are carried
out;
(b) services shall be constructed as per the Village's requirements and that a
Village employee oversees any tie-ins to municipal services and that the
Village is notified 48 hours prior to connection to services;
(c) to install or pay for the installation of public utilities, other than
telecommunications systems or works, that are necessary to serve the
development;
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(d) landscaping, screening and site development be required as per this
bylaw;
(e) to construct or pay for the construction of a road to Village standards
giving access to the development;
(f) to construct or pay for the construction of a pedestrian walkway system
to serve the development, or pedestrian walkways to connect the
pedestrian walkway system serving the development with a pedestrian
walkway system that serves or is proposed to serve an adjacent
development;
(g) to construct or pay for the construction of off-street or other parking
facilities and for loading and unloading facilities;
(h) to pay an off-site levy or redevelopment levy;
(i) that the developer shall be responsible for obtaining their own assessment
of soil conditions related to bearing capacities and consolidation in
relation to the proposed development, and the development shall be
designed, constructed and maintained in such a manner as to ensure the
development's safety and stability on the subject lands;
(j) that drainage from foundation to curb and the slope of the yard follows
Village Standards; and
(k) other conditions as deemed necessary.
4.7.2
The Village may register a caveat pursuant to the provisions of the Act and
the Land Titles Act in respect of an agreement under Section 4.7.1 against
the Certificate of Title for the land that is the subject of the development.
Said caveat shall be discharged when the agreement has been complied
with.
4.8
NON-CONFORMING BUILDINGS AND USES
4.8.1
A non-conforming use of land or a building may be continued but if that
use is discontinued for a period of six (6) consecutive months or more, any
future use of the land or building shall conform to the provisions of this
Bylaw in accordance with section 643(1) of MGA.
4.8.2
A non-conforming use of part of a lot may not be extended or transferred in
whole or in part to any other part of the lot and no additional buildings may
be constructed on the lot while the non- conforming use continues.
4.8.3
A non-conforming building may continue to be used but the building may
not be enlarged, added to, rebuilt or structurally altered except
(a) to make it a conforming building, or
(b) for routine maintenance of the building, if the Development Authority
considers it necessary.
4.8.4
During demolition of a building, a non-conforming foundation must be
brought into compliance in accordance with this Bylaw.
4.8.5
In the event a building is moved off or on a property, a non-conforming
foundation must be brought into compliance in accordance with this Bylaw
prior to a new building being placed on the property.
4.8.6
If a non-conforming building is damaged or destroyed to the extent of
more than 75% of the value of the building above its foundation, the
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building may not be repaired or rebuilt except in accordance with this
Bylaw.
4.8.7
The land use that is non-conforming or the use of a non-conforming building
is not affected by a change of ownership or tenancy of the land or
building.
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5 APPEALS
5.1
SUBDIVISION APPEAL PROCEDURE
5.1.1
An appeal with respect to a decision on a subdivision application is
governed by the MGA.
5.1.2
An appeal may be made to the appropriate Appeal Body in accordance
with the MGA.
5.1.3
If the decision of the Subdivision Authority to refuse a subdivision
application is reversed by the Appeal Body, the Subdivision Authority must
endorse the subdivision application in accordance with the decision of the
Appeal Body.
5.1.4
If the decision of the Subdivision Authority to approve a subdivision
application is reversed by the Appeal Body, the subdivision application is
null and void.
5.1.5
If a decision of the Subdivision Authority to approve a subdivision
application is upheld by the Appeal Body, the Subdivision Authority must
endorse the subdivision application in accordance with the decision of the
Appeal Body.
5.1.6
If any decision of the Subdivision Authority is varied by the Appeal Body,
the Subdivision Authority must endorse a subdivision reflecting the decision
of the Appeal Body and act in accordance with that decision.
5.2
DEVELOPMENT APPEAL PROCEDURE
5.2.1
An appeal with respect to a decision on a development permit application
is governed by the MGA.
5.2.2
An appeal may be made to the appropriate Appeal Body in accordance
with the MGA.
5.2.3
Where a development permit is issued within a Direct Control District the
appeal may be limited in accordance with the MGA.
5.2.4
If the decision of the Development Authority to refuse a development
permit is reversed by the Appeal Body, the Development Authority must
endorse the development permit in accordance with the decision of the
Appeal Body.
5.2.5
If the decision of the Development Authority to approve a development
permit application is reversed by the Appeal Body, the development
permit is null and void.
5.2.6
If a decision of the Development Authority to approve a development
permit is upheld by the Appeal Body, the Development Authority must
endorse the development permit in accordance with the decision of the
Appeal Body..
5.2.7
If any decision of the Development Authority is varied by the Appeal Body,
the Development Authority must endorse the development permit
reflecting the decision of the Appeal Body and act in accordance with
that decision.
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5.3
ISDAB- PUBLIC HEARING PROCESS
5.3.1
In accordance with the MGA, within 30 days of receipt of a notice of
appeal, the Subdivision and Development Appeal Board (SDAB) shall hold
an appeal hearing respecting the appeal.
5.3.2
The SDAB shall give at least 5 days notice in writing of the appeal hearing
to:
(a) the appellant or any person acting on his/her behalf;
(b) the Development Authority from whose order, decision or development
permit the appeal is made;
(c) those registered owners of land in the municipality who are affected and
any other person who in the opinion of the Intermunicipal Subdivision and
Development Appeal Board, is affected by the order, decision or permit;
(d) Palliser Regional Municipal Services.
5.3.3
The SDAB shall make available for public inspection before the
commencement of the public hearing all relevant documents and
materials respecting the appeal, as they become available, subject to the
Act, including:
(a) the application for the development permit, the decision and the appeal
therefrom; or
(b) the order of the Development Authority; or
(c) the application for subdivision, the decision and the appeal therefrom.
5.3.4
The SDAB shall give a written decision together with reasons for the decision
within 15 days of the conclusion of the hearing.
5.3.5
A decision made under this part of the Bylaw is final and binding on all
parties and all persons subject only to an appeal upon a question of
jurisdiction or law pursuant to the Municipal Government Act. An
application for leave to appeal to the Court of Appeal shall be made:
(a) to a judge of the Court of Appeal; and
(b) within 30 days after the issue of the order, decision, permit, or
approval sought to be appealed.
5.4
LAND AND PROPERTY RIGHTS TRIBUNAL- PUBLIC HEARING PROCESS
5.4.1
An appeal to the Land and Property Rights Tribunal (LPRT) will follow the
legislated process required for the LPRT under the MGA, including (but not
limited to):
(a) Timeframe to hold a hearing;
(b) Minimum notice of the hearing date;
(c) Information available for inspection; and
(d) Timeline to issue a decision.
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6 LAND USE DISTRICTS AND OVERLAYS
6.1
DISTRICTS
For the purpose of this Bylaw, the municipality is divided into the following Districts:
R-1
-
Residential District
R-2
-
Residential District
R-A
-
Residential Acreage
R-H1
- Residential Heritage Estates R-1 District
R-H2
- Residential Heritage Estates R-2 District
M-RC
- Mixed Used Residential / Commercial District
DT
-
Downtown Commercial District
HWY-C -
Highway Commercial District
P
-
Community Service District
UR
- Urban Reserve
DC
- Direct Control
6.2
DISTRICT BOUNDARIES
6.2.1
The locations and boundaries of the land use districts are shown on the
Land Use District Map in Part 11, which forms part of this Bylaw.
6.2.2
The locations of boundaries shown on the Land Use District Maps shall be
governed by the following rules:
Rule 1. Where a boundary is shown as following a street, lane, stream, it shall
be deemed to follow the centerline thereof.
Rule 2. Where a boundary is shown as approximately following a lot line, it shall
be deemed to follow the lot line.
Rule 3. In circumstances not covered by Rules 1 and 2 the location of the
district boundary shall be determined:
(a) using any dimensions given on the map; or
(b) where no dimensions are given, measurement using the scale shown
on the map.
6.2.3
Where the exact location of the boundary of a land use district cannot be
determined using the rules in 6.2.2, the Council, through a bylaw
amendment or on a written request, shall fix the location:
(a) in a manner consistent with the provisions of this Bylaw; and with the
appropriate degree of detail required.
6.2.4
The location of a district boundary, once fixed, shall not be altered except
by an amendment of this Bylaw.
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6.3
R-1 - RESIDENTIAL DISTRICT
6.3.1
Purpose
The purpose and intent of this district is to provide for general residential
development.
6.3.2
Permitted Uses
(a) Accessory Buildings and Uses
(b) Day Home
(c) Dwelling - Single Detached
(d) Dwelling - Modular
(e) Government Building and Facilities
(f) Home Occupation - Minor
(g) Parks
6.3.3
Discretionary Uses
(a) Accessory Building - Fabric Covered
(b) Bed and Breakfast Establishment
(c) Dwelling - Backyard Suite
(d) Dwelling - Moved-on
(e) Dwelling - Multiple Unit (attached)
(f) Dwelling - Two-unit
(g) Dwelling - Secondary Suite
(h) Home Occupation - Major
6.3.4
In accordance with the definition for Development and the Municipal
Government Act, if a change of use occurs, a development permit is
required. A change of use may require additional building permit and safety
code permits.
6.3.5
Accessory Buildings Minimum Requirements
The following minimum requirements apply to Accessory Buildings in this district:
Front Yard
Must be equal to or greater than principal building
Side Yard, Exterior
1.5 m (5 ft.)
Side Yard
1 m (3.3 ft.)
Rear Yard
1 m (3.3 ft.)
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6.3.6
Accessory Buildings Maximum Requirements
The following maximum requirements apply to Accessory Buildings in this district:
Building Height
Shall not exceed 4.5 m (15 ft) with the wall height a
maximum of 3 m (10 ft.).
Parcel Coverage
The total combined building footprint area of all accessory
buildings shall not exceed 15% of the parcel area.
6.3.7
Dwelling - Single Detached Minimum Requirements
The following minimum requirements apply to Dwelling - Single Detached uses:
Parcel Area
464 m2 (4,995 sq. ft.)
Parcel Width
15 m (50 ft.)
Front Yard
7.5 m (25 ft.)
Side Yard, Exterior
1.5 m (5 ft.)
Side Yard
1.5 m (5 ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with Section 7.13 Parking
6.3.8
Dwelling - Single Detached Maximum Requirements
The following maximum requirements apply to Dwelling - Single Detached uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
60% of the site area for combined site coverage, of which
not more then 15% can be accessory building(s)
Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.3.9
Dwelling - Modular Minimum Requirements
The following minimum requirements apply to Dwelling - Modular uses:
Parcel Area
464 m2 (4,995 sq. ft.)
Parcel Width
15 m (50 ft.)
Front Yard
7.5 m (25 ft.)
Side Yard, Exterior
1.5 m (5 ft.)
Side Yard, Interior
1.5 m (5 ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with Section 7.13 Parking
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6.3.10 Dwelling - Modular Maximum Requirements
The following maximum requirements apply to Dwelling - Modular uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
60% of the site area for combined site coverage, of which not
more then 15% can be accessory building(s);
Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.3.11 Dwelling - Two Unit Minimum Requirements
The following minimum requirements apply to Dwelling - Two Unit uses:
Parcel Area
464 m2 (4,995 sq. ft.)
Parcel Width
15 m (50 ft.)
Front Yard
7.5 m (25 ft.)
Side Yard, Exterior (for Corner Lots) 1.5 m (5 ft.)
Side Yard, Interior
1.5 m (5 ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with Section 7.13 Parking
6.3.12 Dwelling - Two Unit Maximum Requirements
The following maximum requirements apply to Dwelling - Two Unit uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
60% of the site area for combined site coverage, of which not
more then 15% can be accessory building(s).
Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.3.13 Dwelling - Multiple Unit Minimum Requirements
The following minimum requirements apply to Dwelling - Multiple Unit uses:
Parcel Area
464 m2 (4,995 sq. ft.)
Parcel Width
15 m (50 ft.)
Front Yard
7.5 m (25 ft.)
Side Yard, Exterior (for Corner Lots) 1.5 m (5 ft.)
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Side Yard
1.5 m (5 ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with Section 7.13 Parking
6.3.14 Dwelling - Multiple Unit Maximum Requirements
The following maximum requirements apply to Dwelling - Multiple Unit uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
60% of the site area for combined site coverage, of which
not more then 15% can be accessory building(s).
Screening
Garbage and waste material must be stored in weather
and animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
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6.4
R-2 - RESIDENTIAL DISTRICT
6.4.1
Purpose
The purpose and intent of this district is to provide for general residential
development with more flexible housing options.
6.4.2
Permitted Uses
(a)
Accessory Buildings and Uses
(b)
Day Home
(c)
Dwelling - Single Detached
(d)
Dwelling - Modular
(e)
Dwelling - Two Unit
(f)
Government Building and Facilities
(g)
Home Occupations - Minor
(h)
Parks
6.4.3
Discretionary Uses
(a)
Accessory Building - Fabric Covered
(b)
Bed and Breakfast Establishment
(c)
Community Hall/ Building
(d)
Daytime Child Care Services
(e)
Dwelling - Multiple unit (Apartment)
(f)
Dwelling - Multiple Unit (attached)
(g)
Dwelling - Secondary Suite
(h)
Group Care Facility
(i)
Home Occupations - Major
(j)
Senior Residential Care
(k)
Signs*
(l)
Religious Assembly
*See Section 9 for Sign Regulations
6.4.4
In accordance with the definition for Development and the Municipal
Government Act, if a change of use occurs, a development permit is
required. A change of use may require additional building permit and safety
code permits.
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6.4.5
Accessory Buildings Minimum Requirements
The following minimum requirements apply to Accessory Buildings in this district:
Front Yard
Must be equal to or greater than principal building
Side Yard, Exterior
1.5 m (5 ft.)
Side Yard
1 m (3.3 ft.)
Rear Yard
1 m (3.3 ft.)
6.4.6
Accessory Buildings Maximum Requirements
The following maximum requirements apply to Accessory Buildings in this district:
Building Height
Shall not exceed 4.5 m (15 ft) with the wall height a maximum of 3 m
(10 ft.).
Parcel Coverage
The total combined building footprint area of all accessory buildings
shall not exceed 15% of the parcel area.
6.4.7
Dwelling - Single Detached Minimum Requirements
The following minimum requirements apply to Dwelling - Single Detached uses:
Parcel Area
464 m2 (4,995 sq. ft.)
Parcel Width
15 m (50 ft.)
Front Yard
7.5 m (25 ft.)
Side Yard, Interior
1.5 m (5 ft.)
Side Yard, Exterior (abutting flanking street on a Corner Lot)
3 m (10 ft.)
Side Yard (excluding Corner Lots) to provide alternate access to
the rear of the buildings in a laneless subdivision
One 3 m (10 ft.)
Rear yard
7.5 m (25 ft.)
Parking
In accordance with
Section 7.13 Parking
6.4.8
Dwelling - Single Detached Maximum Requirements
The following maximum requirements apply to Dwelling - Single Detached uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
60% of the site area for combined site coverage, of which not
more then 15% can be accessory building(s)
Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
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6.4.9
Dwelling - Modular Minimum Requirements
The following minimum requirements apply to Dwelling - Modular uses:
Parcel Area
464 m2 (4,995 sq. ft.)
Parcel Width
15 m (50 ft.)
Front Yard
7.5 m (25 ft.)
Side Yard, Interior
1.5 m (5 ft.)
Side Yard, Exterior (abutting flanking street on a Corner Lot)
3 m (10 ft.)
Side Yard (excluding Corner Lots) to provide alternate access to
the rear of the buildings in a laneless subdivision
One 3 m (10 ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with
Section 7.13 Parking
6.4.10 Dwelling - Modular Maximum Requirements
The following maximum requirements apply to Dwelling - Modular uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
60% of the site area for combined site coverage, of which not
more then 15% can be accessory building(s);
Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.4.11 Dwelling - Two Unit Minimum Requirements
The following minimum requirements apply to Dwelling - Two Unit uses:
Parcel Area for Dwelling - Two Unit (on one parcel)
557 m2 (5995 sq. ft.)
Parcel Area for Dwelling - Two Unit (divided into two separate
parcels with common interior wall)
278 m2 (2992 sq. ft.)
Parcel Width
18 m (60 ft.)
Front Yard
7.5 m (25 ft.)
Side Yard, Interior
1.5 m (5 ft.)
Side Yard, Exterior (abutting flanking street on a Corner Lot)
3 m (10 ft.)
Side Yard (excluding corner lots) to provide alternate access to
the rear of the buildings in a laneless subdivision
One 3 m (10 ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with
Section 7.13 Parking
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6.4.12 Dwelling - Two Unit Maximum Requirements
The following maximum requirements apply to Dwelling - Two Unit uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
60% of the site area for combined site coverage, of which not
more then 15% can be accessory building(s);
Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.4.13 Dwelling - Multiple Unit Minimum Requirements
The following minimum requirements apply to Dwelling - Multiple Unit uses:
Parcel
Area
Dwelling - Multiple Unit (attached) on a single parcel
557 m2 (5995 sq. ft.)
Dwelling - Multiple Unit (attached) per unit
278 m2 (2992 sq. ft.)
Dwelling - Multiple Unit (apartment) on a single parcel
720 m2 (7750 sq. ft.)
Parcel
Width
Dwelling - Multiple Unit (attached) on a single parcel
18 m (60 ft.)
Dwelling - Multiple Unit (attached) per unit
9 m (30 ft.)
Dwelling - Multiple Unit (apartment) on a single parcel
18 m (60 ft.)
Front Yard
7.5 m (25 ft.)
Side Yard, Interior
1.5 m (5 ft.)
Side Yard, Exterior (abutting flanking street on a Corner Lot)
3 m (10 ft.)
Side Yard, in a laneless subdivision (excluding Corner Lots)
One side yard 3 m (10
ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with
Section 7.13 Parking
6.4.14 Dwelling - Multiple Unit Maximum Requirements
The following maximum requirements apply to: Dwelling - Multiple Unit uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
60% of the site area for combined site coverage, of which not
more then 15% can be accessory building(s).
Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
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6.5
RA - RESIDENTIAL ACREAGE DISTRICT
6.5.1
Purpose
The purpose and intent of this district is to accommodate low density residential
development in a semi-rural setting within the Village.
6.5.2
Permitted Uses
(a) Accessory Buildings and Uses
(b) Bed and Breakfast Establishment
(c) Day Home
(d) Dwelling - Single Detached
(e) Dwelling - Modular
(f) Dwelling - Two Unit
(g) Home Occupations - Minor
(h) Parks
6.5.3
Discretionary Uses
(a) Accessory Building - Fabric Covered
(b) Daytime Child Care Services
(c) Dwelling - Multiple Unit (Attached)
(d) Extensive Agriculture
(e) Home Occupations - Major
(f) Manufactured Home Park
(g) Signs*
(h) Worship Facility
*See Section 9 for Sign Regulations
6.5.4
In accordance with the definition for Development and the Municipal
Government Act, if a change of use occurs, a development permit is
required. A change of use may require additional building permit and safety
code permits.
6.5.5
Accessory Buildings Minimum Requirements
The following minimum requirements apply to Accessory Buildings in this district:
Front Yard
Must be equal to or greater than principal building
Side Yard, Exterior
6 m (20 ft.)
Side Yard
3 m (10 ft.)
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Rear Yard
3 m (10 ft.)
6.5.6
Accessory Buildings Maximum Requirements
The following maximum requirements apply to Accessory Buildings in this district:
Building Height
Shall not exceed 4.5 m (15 ft) with the wall height a
maximum of 3 m (10 ft.).
Parcel Coverage
The total combined building footprint area of all accessory
buildings shall not exceed 10% of the parcel area.
6.5.7
Dwelling - Single Detached and Dwelling - Modular Minimum Requirements
The following maximum requirements apply to Dwelling - Single Detached and Modular
uses:
Parcel Area
0.2 ha (0.5 acres)
Parcel Width
30 m (100 ft.)
Front Yard
(i) 9 m (30 ft.) from the property line,
(ii) except that setback shall be 30 m (100 ft.) from the right-
of-way of a Secondary Highway.
Side Yard, Exterior
6 m (20 ft.)
Side Yard
6 m (20 ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with Section 7.13 Parking
6.5.8
Dwelling - Single Detached and Dwelling - Modular Maximum Requirements
The following maximum requirements apply to Dwelling - Single Detached and Modular
uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
25% of the site area for combined site coverage, of which
not more then 10% can be accessory building(s)
Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.5.9
Dwelling - Two Unit and Dwelling - Multiple Unit Minimum Requirements
The following minimum requirements apply to Dwelling - Two Unit and Multiple Unit uses:
Parcel Area
0.2 ha (0.5 acres)
Parcel Width
30 m (100 ft.)
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Front Yard
(i) 9 m (30 ft.) from the property line,
(ii) except that setback shall be 30 m (100 ft.) from the right-
of-way of a Secondary Highway.
Side Yard, Exterior
6 m (20 ft.)
Side Yard
6 m (20 ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with Section 7.13 Parking
6.5.10 Dwelling - Two Unit and Dwelling - Multiple Unit Maximum Requirements
The following maximum requirements apply to Dwelling - Two Unit and Multiple Unit uses:
Principal Building Height
At the discretion of the Development Authority
Parcel Coverage
25% of the site area for combined site coverage, of which not
more then 10% can be accessory building(s)
Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.5.11 Special Requirements
(a) Accessory Buildings and uses (including satellite dishes exceeding three feet
in diameter):
(i) Shall not be erected or placed within the front yard,
(ii) Shall not be erected or placed within a required side yard,
(iii) Shall not be located on the roof of a building, and
(iv) Only one satellite dish per site shall be permitted.
6.5.12 Livestock
(a) The keeping of livestock in this district shall not be permitted.
6.5.13 Parking
(a) In accordance with Section 7.13 Parking
6.5.14 Screening
(a) Garbage and waste material must be stored in weather and animal proof
containers. Garbage and waste material storage must be screened from
public thoroughfares, excluding lanes.
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6.6
R-H1 - RESIDENTIAL HERITAGE ESTATES R-1 DISTRICT
6.6.1
Purpose
The purpose and intent of this district is to provide for single-family residential
development within Heritage Estates (Plan 991 3434), which has a high level of
design and architectural controls in the neighbourhood.
6.6.2
Permitted Uses
(a) Accessory Buildings and Uses
(b) Day Home
(c) Dwelling - Single Detached
(d) Home Occupations - Minor
(e) Parks
6.6.3
Discretionary Uses
(a) Dwelling - Backyard Suite
(b) Government Building and Facilities
(c) Home Occupation - Major
6.6.4
In accordance with the definition for Development and the Municipal
Government Act, if a change of use occurs, a development permit is
required. A change of use may require additional building permit and safety
code permits.
6.6.5
Accessory Buildings Minimum Requirements
The following minimum requirements apply to Accessory Buildings in this district:
Front Yard
Must be equal to or greater than principal building
Side Yard, Exterior
3 m (10 ft.)
Side Yard
1 m (3.3 ft.)
Rear Yard
1 m (3.3 ft.)
6.6.6
Accessory Buildings Maximum Requirements
The following maximum requirements apply to Accessory Buildings in this district:
Building Height
Shall not exceed 4.5 m (15 ft) with the wall height a
maximum of 3 m (10 ft.).
Parcel Coverage
The total combined building footprint area of all accessory
buildings shall not exceed 15% of the parcel area.
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6.6.7
Dwelling Minimum Requirements
The following minimum requirements apply to Dwelling - Single Detached uses:
Parcel Area
464 m2 (4,995 sq. ft.)
Parcel Width
12 m (40 ft.)
Front Yard
5 m (16.4 ft.)
Side Yard, Exterior
3 m (10 ft.)
Side Yard
1.5 m (5 ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with Section 7.13 Parking
6.6.8
Dwelling Maximum Requirements
The following maximum requirements apply to Dwelling - Single Detached uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
50% of the site area for combined site coverage, of which
not more then 15% can be accessory building(s)
Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.6.9
Special Requirements
(a) All dwellings shall be sited to allow for the construction of a front or side
attached garage;
(b) All two-storey dwellings shall include a roof element at the first level in order
to disrupt the roof line;
(c) There shall be a three (3) lot separation between dwellings with identical
frontal features;
(d) Barn style gambrel roofs shall not be permitted;
(e) Bungalows and side-splits shall be encouraged on corner lots;
(f) The street facing elevation of a garage shall have a window element, or
other visually equal decorative element, complimentary to the dwelling
elevation. Blank garage walls facing the street shall not be permitted;
(g) Fencing shall not be permitted within the front yard;
(h) The property owner shall plant a minimum of one (1) tree per lot. Trees shall
be of either deciduous or coniferous nature, and shall not be poplar. All
landscaping shall be completed within one (1) year of the date of building
occupancy;
(i) Satellite dishes larger then 24" (610mm) in diameter shall not be permitted
within the front yard; and
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(j) During construction of dwelling(s), the developer shall use a refuse
container so as to maintain the lot(s) in a neat and tidy condition.
6.6.10 Parking
(a) In accordance with Section 7.13 Parking
6.6.11 Screening
(a) Garbage and waste material must be stored in weather and animal proof
containers. Garbage and waste material storage must be screened from
public thoroughfares, excluding lanes.
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6.7
R-H2 - RESIDENTIAL HERITAGE ESTATES R-2 DISTRICT
6.7.1
Purpose
The purpose and intent of this district is to provide for multi-family residential
development within Heritage Estates (Plan 991 3434), which has a high level of
design and architectural controls in the neighbourhood.
6.7.2
Permitted Uses
(f)
Accessory Buildings and Uses
(g) Day Home
(h) Dwelling - Multiple Unit
(i)
Dwelling - Single Detached
(j)
Dwelling - Two Unit
(k) Home Occupations - Minor
(l)
Parks
6.7.3
Discretionary Uses
(d) Dwelling - Backyard Suite
(e) Government Building and Facilities
(f)
Home Occupation - Major
(g) Signs*
*See Section 9 for Sign Regulations
6.7.4
In accordance with the definition for Development and the Municipal
Government Act, if a change of use occurs, a development permit is
required. A change of use may require additional building permit and safety
code permits.
6.7.5
Accessory Buildings Minimum Requirements
The following minimum requirements apply to Accessory Buildings in this district:
Front Yard
Must be equal to or greater than principal building
Side Yard, Exterior
3 m (10 ft.)
Side Yard
1 m (3.3 ft.)
Rear Yard
1
m (3.3 ft.)
6.7.6
Accessory Buildings Maximum Requirements
The following maximum requirements apply to Accessory Buildings in this district:
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Building Height
Shall not exceed 4.5 m (15 ft) with the wall height a
maximum of 3 m (10 ft.).
Parcel Coverage
The total combined building footprint area of all accessory
buildings shall not exceed 15% of the parcel area.
6.7.1
Dwelling - Single Detached Minimum Requirements
The following minimum requirements apply to Dwelling - Single Detached uses:
Parcel Area
464 m2 (4,995 sq. ft.)
Parcel Width
12 m (40 ft.)
Front Yard
5 m (16.4 ft.)
Side Yard, Exterior
3 m (10 ft.)
Side Yard
1.5 m (5 ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with Section 7.13 Parking
6.7.2
Dwelling - Single Detached Maximum Requirements
The following maximum requirements apply to Dwelling - Single Detached uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
50% of the site area for combined site coverage, of which
not more then 15% can be accessory building(s)
Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.7.3
Dwelling - Two Unit Minimum Requirements
The following minimum requirements apply to Dwelling - Two Unit uses:
Parcel Area for Dwelling - Two Unit (on one parcel)
557 m2 (5995 sq. ft.)
Parcel Area for Dwelling - Two Unit (divided into two separate
parcels with common interior wall)
278 m2 (2992 sq. ft.)
Parcel Width
18 m (60 ft.)
Front Yard
7.5 m (25 ft.)
Side Yard, Interior
1.5 m (5 ft.)
Side Yard, Exterior (abutting flanking street on a Corner Lot)
3 m (10 ft.)
Side Yard (excluding corner lots) to provide alternate access to
the rear of the buildings in a laneless subdivision
One 3 m (10 ft.)
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Rear Yard
7.5 m (25 ft.)
Parking
In accordance with
Section 7.13 Parking
6.7.4
Dwelling - Two Unit Maximum Requirements
The following maximum requirements apply to Dwelling - Two Unit uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
60% of the site area for combined site coverage, of which not
more then 15% can be accessory building(s);
Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.7.5 Dwelling - Multiple Unit Minimum Requirements
The following minimum requirements apply to Dwelling - Multiple Unit uses:
Parcel
Area
Dwelling - Multiple Unit (attached) on a single parcel
557 m2 (5995 sq. ft.)
Dwelling - Multiple Unit (attached) per unit
278 m2 (2992 sq. ft.)
Dwelling - Multiple Unit (apartment) on a single parcel
720 m2 (7750 sq. ft.)
Parcel
Width
Dwelling - Multiple Unit (attached) on a single parcel
18 m (60 ft.)
Dwelling - Multiple Unit (attached) per unit
9 m (30 ft.)
Dwelling - Multiple Unit (apartment) on a single parcel
18 m (60 ft.)
Front Yard
7.5 m (25 ft.)
Side Yard, Interior
1.5 m (5 ft.)
Side Yard, Exterior (abutting flanking street on a Corner Lot)
3 m (10 ft.)
Side Yard, in a laneless subdivision (excluding Corner Lots)
One side yard 3 m (10
ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with
Section 7.13 Parking
6.7.6 Dwelling - Multiple Unit Maximum Requirements
The following maximum requirements apply to: Dwelling - Multiple Unit uses:
Principal Building Height
10.5 m (35 ft.)
Parcel\Coverage
60% of the site area for combined site coverage, of which not
more then 15% can be accessory building(s).
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Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.7.7
Special Requirements
(k) All dwellings shall be sited to allow for the construction of a front or side
attached garage;
(l) All two-storey dwellings shall include a roof element at the first level in order
to disrupt the roof line;
(m) There shall be a three (3) lot separation between dwellings with identical
frontal features;
(n) Barn style gambrel roofs shall not be permitted;
(o) Bungalows and side-splits shall be encouraged on corner lots;
(p) The street facing elevation of a garage shall have a window element, or
other visually equal decorative element, complimentary to the dwelling
elevation. Blank garage walls facing the street shall not be permitted;
(q) Fencing shall not be permitted within the front yard;
(r) The property owner shall plant a minimum of one (1) tree per lot. Trees shall
be of either deciduous or coniferous nature, and shall not be poplar. All
landscaping shall be completed within one (1) year of the date of building
occupancy;
(s) Satellite dishes larger then 24" (610mm) in diameter shall not be permitted
within the front yard; and
(t) During construction of dwelling(s), the developer shall use a refuse
container so as to maintain the lot(s) in a neat and tidy condition.
6.7.8
Parking
(b) In accordance with Section 7.13 Parking
6.7.9
Screening
(a) Garbage and waste material must be stored in weather and animal proof
containers. Garbage and waste material storage must be screened from
public thoroughfares, excluding lanes.
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6.8
M-RC - MIXED USE RESIDENTIAL / COMMERCIAL DISTRICT
6.8.1
Purpose
The purpose and intent of this district is to provide an active, thriving, mixed-use
district for general residential development, businesses, pedestrian connectivity,
and street level activity while maintaining the residential character of the
neighbourhood. Office and personal service uses are supported within this district
provided they are located within a residential dwelling unit to maintain the
residential character of the neighbourhood.
6.8.2
Permitted Uses
(a) Accessory Buildings and Uses
(b) Bed and Breakfast Establishment
(c) Day Home
(d) Dwelling - Single Detached
(e) Dwelling - Modular
(f) Dwelling - Two Unit
(g) Dwelling - Multiple Unit (Attached)
(h) Dwelling - Multiple Unit (Apartment)
(i) Dwelling - Secondary Suite
(j) Dwelling - Backyard Suite
(k) Parks
(l) Government Building and Facilities
(m) Home Occupations - Minor
6.8.3
Discretionary Uses
(a) Community Hall / Building
(b) Daytime Child Care Services
(c) Home Occupations - Major
(d) Office
(e) Personal Service
(f) Sign Types*: 4 (Fascia), and 8 (Projecting Signs), and 12 (window)
(g) Religious Assembly
(h) Senior's Lodge
(i) Accessory Building - Fabric Covered
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6.8.4
In accordance with the definition for Development and the Municipal
Government Act, if a change of use occurs, a development permit is
required. A change of use may require additional building permit and safety
code permits.
6.8.5
Accessory Buildings Minimum Requirements
The following minimum requirements apply to Accessory Buildings in this district:
Front Yard
Must be equal to or greater than principal building
Side Yard, Exterior
3 m (10 ft.)
Side Yard
1 m (3.3 ft.)
Rear Yard
1 m (3.3 ft.)
6.8.6
Accessory Buildings Maximum Requirements
The following maximum requirements apply to Accessory Buildings in this district:
Building Height
Shall not exceed 4.5 m (15 ft) with the wall height a
maximum of 3 m (10 ft.).
Parcel Coverage
The total combined building footprint area of all accessory
buildings shall not exceed 15% of the parcel area.
6.8.7
Dwelling - Single Detached and Dwelling - Modular Minimum Requirements
The following minimum requirements apply to Dwelling - Single Detached and Modular
uses:
Parcel Area
464 m2 (4,995 sq. ft.)
Parcel Width
15 m (50 ft.)
Front Yard
7.5 m (25 ft.)
Side Yard, Exterior
3 m (10 ft.)
Side Yard (Interior, With Lane)
1.5 m (5 ft.) both yards
Side Yard (Interior, Laneless)
One yard 1.5 m (5 ft.) and One yard 3 m (10 ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with Section 7.13 Parking
6.8.8
Dwelling - Single Detached and Dwelling - Modular Maximum Requirements
The following maximum requirements apply to Dwelling - Single Detached and Modular
uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
80% of the site area for combined site coverage, of which
not more then 15% can be accessory building(s)
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Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.8.9
Dwelling - Two Unit Minimum Requirements
The following minimum requirements apply to Dwelling - Two Unit uses:
Parcel
Area
On one parcel
557 m2 (5995 sq. ft.)
Divided into two separate parcels
with common interior wall
278 m2 (2992 sq. ft.)
Parcel
Width
On one parcel
18 m (60 ft.)
Divided into two separate parcels
with common interior wall
9 m (30 ft.)
Front Yard
7.5 m (25 ft.)
Side Yard, Exterior
3 m (10 ft.)
Side Yard (Interior, With Lane)
1.5 m (5 ft.) both yards
Side Yard (Interior, Laneless)
One yard 1.5 m (5 ft.) and one yard 3 m (10
ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with Section 7.13 Parking
6.8.10 Dwelling - Two Unit Maximum Requirements
The following maximum requirements apply to Dwelling - Two Unit uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
80% of the site area for combined site coverage, of which not
more then 15% can be accessory building(s)
Screening
Garbage and waste material must be stored in weather and
animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.8.11 Dwelling - Multiple Unit Minimum Requirements
The following minimum requirements apply to Dwelling - Multiple Unit uses:
Parcel
Area
Attached housing on a single parcel
557 m2 (5995 sq. ft.)
Attached housing per unit
278 m2 (2992 sq. ft.)
Apartment
720 m2 (7750 sq. ft.)
Attached housing on a single parcel
18 m (60 ft.)
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Parcel
Width
Attached housing per unit
6 m (20 ft.)
Apartment
24 m (78 ft.)
Front Yard
7.5 m (25 ft.)
Side Yard, Exterior
3 m (10ft.)
Side Yard
3 m (10ft.)
Rear Yard
7.5 m (25 ft.)
Parking
In accordance with Section 7.13 Parking
With the approval of the Municipal Planning Commission, the site area may be less in the
case of lots legally created prior to this Bylaw.
6.8.12 Dwelling - Multiple Unit Maximum Requirements
The following maximum requirements apply to Dwelling - Multiple Unit uses:
Principal Building Height
10.5 m (35 ft.)
Parcel Coverage
80% of the site area for combined site coverage, of which
not more then 15% can be accessory building(s)
Screening
Garbage and waste material must be stored in weather
and animal proof containers. Garbage and waste material
storage must be screened from public thoroughfares,
excluding lanes.
6.8.13 Parking
(a) In accordance with Section 7.13 Parking
6.8.14 Screening
(a) Garbage and waste material must be stored in weather and animal proof
containers. Garbage and waste material storage must be screened from
public thoroughfares, excluding lanes.
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6.9
DT - DOWNTOWN COMMERCIAL DISTRICT
6.9.1
Purpose
The purpose and intent of this district is to provide for commercial and retail
development with a focus on high quality spaces, pedestrian connectivity, and
street level activity. Businesses and services should support the entire Village and
surrounding area. The Downtown Commercial District is intended to act as a
central destination for residents and visitors.
6.9.2
Permitted Uses
(a) Accessory Buildings and Uses
(b) Art Studio
(c) Bakery
(d) Clinic
(e) Financial Service
(f) Food and Beverage Service Facility
(g) Laundromat
(h) Library
(i) Office
(j) Personal Service
(k) Post Office
(l) Print Shop
(m) Parks
(n) Community Recreation Facility
(o) Retail Store
(p) Sign Types*: 4 (Fascia), and 12 (window)
6.9.3
Discretionary Uses
(a) Accessory Residential (as per Section 6.8.9 below)
(b) Assisted Living
(c) Automotive Repair and Service Shop
(d) Bottle / Recycling Depot
(e) Car wash
(f) Communication Structure (Private)
(g) Community Hall / Building
(h) Daytime Child Care Services
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(i) Drinking Establishment
(j) Funeral Home
(k) Hotel
(l) Liquor Store
(m) Motel
(n) Museum
(o) Parking Lot
(p) Print Shop
(q) Private Club
(r) Government Building and Facilities
(s) Religious Assembly
(t) Seniors Residential Care
(u) Service Station
(v) Shopping Centre
(w) Sign Types*: 9 (Roof), 8 (Projecting), 3 (Canopy), and 5 (Freestanding)
(x) Storage Structure - accessory to principal commercial use (shipping containers
not permitted in the DT District)
(y) Theatre
(z) Tourist Information Centre
*See Section 9 for Sign Regulations
6.9.4
In accordance with the definition for Development and the Municipal
Government Act, if a change of use occurs, a development permit is
required. A change of use may require additional building permit and safety
code permits.
6.9.5
All Buildings (Principal and Accessory) Minimum Requirements
The following minimum requirements apply to all buildings in this district:
Front Yard
3 m (10 ft,)
Side Yard, Exterior (On corner lots)
3 m (10 ft.)
Side Yard
0 m (0 ft.)
Rear Yard
0
m (0 ft.)
6.9.6
All Buildings (Principal and Accessory) Maximum Requirements
The following maximum requirements apply to all buildings this district:
Principal Building Height
13.5 m (45 ft.)
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Accessory Building - Building Height
7.5 m (25 ft.)
6.9.7
Special Requirements
(a) Landscaping, sidewalks and parking areas shall ensure accessibility for all
residents including those with disabilities
6.9.8
Parking
(a) In accordance with Section 7.13 Parking
6.9.9
Landscaping and Screening
(a) Sites abutting a residential district shall be screened from view to the
satisfaction of the Development Authority;
(b) Outside storage areas of material and equipment shall be screened from
adjacent sites and public thoroughfares; and
(c) Garbage and waste material must be stored in weather and animal proof
containers and screened from adjacent sites and public thoroughfares.
6.9.10 Accessory Residential Units and Street Level Development
(a) Street level frontal development in this district is reserved for commercial
uses. Any accessory residential units shall be located at either the rear of
the parcel, or be located above the primary commercial use.
(b) An accessory residential unit at street level in the rear of the building, shall
not exceed 40% of the ground floor area of the commercial unit.
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6.10
HWY-C - HIGHWAY COMMERCIAL DISTRICT
6.10.1 Purpose
The purpose and intent of this district is to provide for light industrial and
commercial businesses along the entire western edge of the Village and leading
into the Village along the gateway corridor to serve the motoring public and
local residents.
6.10.2 Permitted Uses
(a) Accessory Buildings and Uses
(b) Automotive, Farm and Recreation Vehicle Sales and Service
(c) Automotive Repair
(d) Building Material Sales and Storage
(e) Car Wash
(f) Contractor Operation
(g) Community Hall/Building
(h) Drinking Establishment
(i) Food and Beverage Service Facility
(j) Government Building and Facilities
(k) Greenhouse and Plant Nursery
(l) Hotel
(m) Motel
(n) Office
(o) Parks
(p) Retail Store
(q) Service Station
(r) Sign Types*: 4 (Fascia), and 12 (window)
(s) Tourist Information Centre
(t) Veterinary Clinic
(u) Wholesale Distributors
6.10.3 Discretionary Uses
(a) Accessory Building - Fabric Covered
(b) Auction Mart
(c) Cannabis Production Facility
(d) Cannabis Retail Sales
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(e) Clinic
(f) Data Centre
(g) Financial Service
(h) Grain Elevator
(i) Liquor Store
(j) Light Industrial
(k) Kennel - Boarding
(l) Kennel - Breeding
(m) Manufacturing, Processing Assembly Facility
(n) Museum
(o) Funeral Home
(p) Parking Lot
(q) Private Club
(r) Professional Service
(s) Retail Store
(t) Storage Structure
(u) Storage Yard
(v) Sign Types*: 9 (Roof), 8 (Projecting), 7 (Portable), 3 (Canopy), and 5
(Freestanding)
(w) Shopping Centre
(x) Warehousing and Storage
(y) Waste Management Facility
*See Section 9 for Sign Regulations
6.10.4 In accordance with the definition for Development and the Municipal
Government Act, if a change of use occurs, a development permit is
required. A change of use may require additional building permit and safety
code permits.
6.10.5 All Buildings Minimum Requirements
The following minimum requirements apply to all buildings in this district:
Parcel Area
Hotel / Motel
1858 m2 (20,000 ft2)
All other uses
464 m2 (4995 sq. ft.)
Parcel Width
All uses
20 m (65.5 ft.)
Front Yard
All buildings on parcels adjacent to a
roadway without a service road
20 m (65.6 ft.)
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All buildings on parcels adjacent to a
roadway with a service road
6 m (20 ft.)
All other parcels
6 m (20 ft.)
Side Yard
All buildings where parcels does not abut a
residential district
1.5 m (5 ft.) except where
a firewall is provided, in
which case, no side yard is
required
All buildings where parcel abuts a parcel(s)
in a residential district
6 m (20 ft.)
Rear Yard
6 m (20 ft.)
6.10.6 All Buildings Maximum Requirements
The following maximum requirements apply to all buildings in this district:
Principal Building Height
13.5 m (45 ft.)
Accessory Building Height
7.5 m (25 ft.)
Parcel Coverage
80% of the parcel area for combined parcel coverage for all
buildings (principal and accessory) on the parcel
6.10.7 Special Requirements
(a) Landscaping, sidewalks and parking areas shall ensure accessibility for all
residents including those with disabilities.
6.10.8 Parking
(a) In accordance with Section 7.13 Parking
6.10.9 Landscaping and Screening
(a) The site must be landscaped in accordance with a plan approved by the
Development Authority;
(b) Any trees or shrubs which die, that were planted under the approved plan,
must be replaced the next planting season;
(c) Sites abutting a residential district or public thoroughfare, shall be screened
from view to the satisfaction of the Development Authority;
(d) Outside storage areas of material and equipment must be screened from
adjacent sites and public thoroughfares; and
(e) Garbage and waste materials shall be stored in weather and animal proof
containers and screened from adjacent sites and public thoroughfares.
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6.11 CS - COMMUNITY SERVICE DISTRICT
6.11.1 Purpose
The purpose and intent of this district is to provide recreational, educational and
community uses.
6.11.2 Permitted Uses
(a) Accessory buildings and uses
(b) Cemetery
(c) Community Hall/ Building
(d) Community Recreation Facility
(e) Golf Course
(f) Government Building and Facilities
(g) Library
(h) Parks
(i) Sign Types*: 4 (Fascia), and 12 (window)
6.11.3 Discretionary Uses
(a) Accessory Building - Fabric Covered
(b) Campgrounds
(c) Clinic
(d) Exhibition grounds
(e) Fire Hall
(f) Hospital
(g) Museum
(h) Airport
(i) School
(j) Sign Types*: 9 (Roof), 8 (Projecting), 7 (Portable), 5 (Freestanding), and 3(Canopy)
(k) Storage Structure
(l) Storage Yard
*See Section 9 for Sign Regulations
6.11.4 In accordance with the definition for Development and the Municipal
Government Act, if a change of use occurs, a development permit is
required. A change of use may require additional building permit and safety
code permits.
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6.11.5 All Uses Minimum Requirements
The following minimum requirements apply uses:
Front Yard
7.5 m (25 ft.)
Side Yard, Exterior (for corner lots)
3 m (10 ft.)
Side Yard
3 m (10 ft.)
Rear Yard
7.5 m (25 ft.)
6.11.6 Development Requirements
The Development Authority shall evaluate each development permit for a
discretionary use or a permitted variance for this district on its merit and establish
suitable development requirements for each individual application.
6.11.7 Parking
(a) In accordance with Section 7.13 Parking
6.11.8 Screening
(a) Garbage and waste material must be stored in weather and animal proof
containers and screened from adjacent sites and public thoroughfares
including lanes.
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6.12 UR - URBAN RESERVE DISTRICT
6.12.1 Purpose
The purpose and intent of this district is to reserve lands outside of the developed
area of the Village which is intended for future development.
6.12.2 Permitted Uses
(a) Golf Course
(b) Government Buildings and Facilities
(c) Parks
6.12.3 Discretionary Uses
(a) Accessory Buildings and Uses
(b) Accessory Building - Fabric Covered
(c) Aggregate Removal and Storage
(d) Communication Structure (Private)
(e) Dwelling - Single Detached (on existing parcels only)
(f) Extensive Agriculture
(g) Greenhouse and Plant Nursery
*See Section 9 for Sign Regulations
6.12.4 In accordance with the definition for Development and the Municipal
Government Act, if a change of use occurs, a development permit is
required. A change of use may require additional building permit and safety
code permits.
6.12.5 Development Requirements
The Development Authority shall evaluate each development permit for a
discretionary use or a permitted variance for this district on its merit and establish
suitable development requirements for each individual application.
6.12.6 Specific Regulations
(a) The design, siting, site coverage, yards, height of buildings, external finish
and landscaping generally of all buildings and structures shall be to the
satisfaction of the Development Authority who in determining a
development permit application shall take into account:
(i) the general purpose of the district; and
(ii) the existing uses and prospective uses of land in the vicinity.
(b) The Municipal Planning Commission may require an area structure plan
before recommending approval of a subdivision.
(c) The Development Authority shall be satisfied prior to the granting of a
development permit that the proposed use will not prejudice the orderly
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development of the area including the future establishment of residential,
commercial, industrial, recreational, and service facilities on a
neighborhood and community basis.
6.13
MANUFACTURED HOME OVERLAY
The purpose of an overlay is to facilitate the implementation of specific goals and
objectives for a particular area in addition to land use district rules that are in place.
6.13.1 General Intent of the Manufactured Home Overlay:
(a) to provide opportunity for both existing and new manufactured homes; and
(b) To accommodate the varying lot sizes that have occurred over time within
this area.
6.13.2 General Policies:
(a) The regulations established within this overlay apply in addition to the
regulations of the underlying R-2 District.
(b) Only those regulations explicitly addressed in an overlay are impacted by
the overlay. All remaining regulations from the underlying Land Use District
remain in effect.
(c) If there is a conflict between the regulations of an overlay and the
underlying Land Use District, the overlay shall take precedence.
(d) The following alternate regulations shall apply to all parcels located within
the Manufactured Home Overlay identified on the Land Use District Map
(Part 11).
6.13.3 Uses and Regulations:
(a) Dwelling- Manufactured Home is considered a Discretionary Use within the
Manufactured Home Overlay.
Minimum Site Requirements:
(i) 7.6 m (25 ft.) Lot Width for Dwelling- Manufactured Homes
(ii) 232.2 m2 (2,500 sq. ft.) Site Area for Dwelling- Manufactured Homes
(b) All other requirements are the same as the R-2 Residential District for
Dwelling - Single Detached.
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6.14
DC - DIRECT CONTROL DISTRICT
6.14.1 PURPOSE: For the development of uses that, due to their particular
circumstances or design characteristics, require specific sets of rules in order
to achieve a desired result.
6.14.2 USES: Council may, by bylaw, specify Permitted Uses and/or Discretionary
Uses in Direct Control Districts.
6.14.3 RULES: Council may, by bylaw, specify development standards for Direct
Control Districts.
6.14.4 Deciding on a development permit Application - Direct Control District:
(a) Decisions respecting development permit Application for Permitted Uses,
Discretionary Uses and variances shall be made by the Development
Authority according to the processes described in Section 4.4 unless
otherwise provided by Council in a Statutory Plan or Bylaw.
6.14.5 Deciding on a Subdivision Permit Application - Direct Control District.
6.14.6 Decisions respecting Subdivision Permit Applications in respect to land within
a Direct Control District shall be made by the Subdivision Authority according
to the processes described in Section 3.5 unless otherwise provided in a
Statutory Plan or Bylaw.
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7 GENERAL LAND USE REGULATIONS
7.1
ACCESSORY BUILDINGS AND USES
7.1.1
A structure which is attached to the principal building by a roof, a floor or a
foundation, excepting a deck as per section 7.7, is not an accessory
building, and it is to be considered part of the principal building; See Figure
7 | Accessory Building Siting
7.1.2
An accessory building shall not be used as a dwelling unit unless granted
approval by the Development Authority in accordance with this Land Use
Bylaw.
7.1.3
The eaves or wall of an accessory building, whichever is nearer, shall be
located a minimum distance of 1.0m (3.3 ft.) from the nearest wall or eaves
of any principal building.
7.1.4
No accessory building or use shall be located in the front yard of a
residential district.
7.1.5
A sea can or similar such structure is not to be used as an accessory
building in a residential area.
7.2
ACCESSORY BUILDINGS - FABRIC COVERED
7.2.1
Accessory Buildings - Fabric Covered shall adhere to the regulations
above(Section 7.1) and the following specific requirements:
(a) limited to one (1) per parcel;
(b) will not exceed 20.44 sq. m. (220 sq. ft.) in area in a residential district. The
area of a fabric covered buildings will be considered on a case by case
basis in all other districts.
(c) shall be a minimum 3 metres (10 ft.) from open flames (i.e. burning barrels,
fire pits, or other open flame accessories);
(d) A development permit may be temporary with a specified maximum time
limit.
(e) All development permits for fabric covered buildings shall include the
following conditions:
(i) fabric must be kept in good condition, not frayed or damaged;
(ii) must be fully enclosed with closable door on the ends;
(iii) shall not cause or create a nuisance by way of noise, vibration, etc;
and
(iv) the privacy and enjoyment of adjacent properties shall be
preserved and the amenities of the neighborhood maintained.
7.2.2
A fabric covered accessory building in a residential district shall not be
connected to any utilities.
7.2.3
A fabric covered accessory building in all other districts may be connected
to utilities upon approval by the development authority.
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7.3
DEMOLITION OR REMOVAL OF BUILDINGS
7.3.1
A development permit shall be required for the demolition of a building
with an area of 56 m2 (602.8 sq. ft.) or more.
7.3.2
Where a development permit has been granted for the demolition of a
building, the Development Authority may require the applicant to provide
a Damage Deposit or Irrevocable Letter of Credit in the amount of $1000 to
cover the cost of rehabilitating the site and $5000 for any damage caused
to the Village's infrastructure as a result of cartage of the demolition
material or removal of the building.
7.3.3
When a demolition or removal of building is carried out, the person causing
the demolition to be made, shall at their own expense, protect from
displacement any wall, sidewalk or roadway liable to be affected by such
demolition. They shall sustain, protect and underpin property so that they
will remain in the same condition as before the demolition or removal was
commenced and ensure that adequate measures shall be taken by way of
fencing and screening to ensure the general public's safety.
7.3.4
Whenever a development permit is issued for the demolition or removal of
a building it shall be a condition of the permit that the site shall be properly
cleaned, with all debris removed, and left in a graded condition.
7.3.5
The demolition of a building must be carried out so as to create a minimum
of dust or other nuisance to surrounding areas, and the property shall be
reclaimed to a satisfactory state.
7.4
CORNER LOTS
7.4.1
Notwithstanding the definition of Front Parcel Line in Section 2: Definitions of
this Bylaw, the Development Authority may exercise discretion in the
determination of the front parcel line for a corner parcel and determine
that the front parcel line is not the shortest parcel line abutting a street but
rather the longest parcel line that abuts a street.
7.4.2
In making a determination in Section 7.4.1 above, the Development
Authority should consider the following:
(a) Alignment with the general street or neighbourhood pattern of homes
and setbacks;
(b) Unique site conditions, including the geometry and size of the subject
parcel;
(c) The impact to adjacent properties in terms of privacy, streetscape and
aesthetics; and
(d) General neighbourhood safety, including potential impact of the
determination as it pertains to the construction of front yard, side yard
and rear yard fences of varying heights on the property.
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7.5
CONSTRUCTION OF NEW BUILDINGS
7.5.1
When the construction of a new building is carried out, the developer shall,
at their own expense, protect from displacement or damage any wall,
sidewalk or roadway liable to be affected by such construction. They shall
sustain, protect and underpin property so that they will remain in the same
condition as before construction was commenced and ensure that
adequate measures shall be taken by way of fencing and screening to
ensure the general public's safety.
7.5.2
Where a development permit has been granted for the construction of a
new building, the Development Authority may require the applicant to
provide a Damage Deposit or Irrevocable Letter of Credit to cover the cost
of rehabilitating the site or repair for any damage caused to the Village's
infrastructure as a result of the construction process.
7.6
COMMUNICATION STRUCTURE
7.6.1
Industry Canada is responsible for regulating radio communication in
Canada and for authorizing the location of radio communication facilities,
including communication towers. In making its decision regarding the
communication towers and related facilities, Industry Canada considers the
following:
(a) the input provided by the Village of Acme;
(b) compliance with Transport Canada's painting and lighting requirements
for aeronautical safety;
(c) Health Canada's safety guidelines respecting limits of exposure to radio
frequency fields; and
(d) any environmental impact assessment required in order to comply with
the Canadian Environmental Assessment Act.
7.6.2
The participation of the Village in the consultation process does not transfer
any Federal decision making authority, nor does it confer a right of veto in
the location or design of the communication tower.
7.6.3
The Village may request a proposed Communication Structure that is
regulated and approved by Industry Canada, to consider and follow
policies outlined in sub section 7.6.4 below.
7.6.4
All Communication Structures not regulated or approved by Industry
Canada shall require a development permit and shall adhere to the
following policies:
(a) Unless demonstrated to be impractical, transmission antennas shall be
mounted on existing structures (including buildings or towers) or within
transportation and utility corridors.
(b) The tower base shall be setback from abutting parcels and roadways by
a distance of 10 percent of the tower height or the distance between the
tower base and guy wire anchors, whichever is greater.
(c) Guy wire anchors shall be setback at least 28.0 m (91.9 ft.) from the
property line.
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(d) Transmission towers must have the least practical adverse visual effect on
the environment. This may be mitigated through landscaping and/or
fencing.
(e) Communication Structures shall be located in a manner that minimizes
the impact on the natural environmental and residential communities
while recognizing the unique location requirement for sitting
communication towers.
(f) All equipment shelters must meet the Village setback distances to roads
and property lines.
(g) Appropriate access / egress shall be provided to the satisfaction of the
development authority.
7.7
DECKS AND PERGOLAS
7.7.1
All Decks and Balconies:
(a) higher then 0.6m (2.0 ft) above grade at any point as measured from the
lowest grade point to the top of the deck must receive a development
permit, Building Permit, and any other permit required under the Safety
Codes Act;
(b) are to meet all requirements of front, and side setbacks; and
(c) may project a maximum of 1.5 m into any rear setback area.
7.7.2
Pergolas shall not be considered an accessory building or part of the
principal building.
7.7.3
Pergolas shall not have a fully enclosed roof.
7.8
DRAINAGE
7.8.1
All development permit applications must be accompanied by a drainage
plan, indicating how both stormwater drainage and ground water will be
managed on the site.
7.8.2
Residential buildings in Acme are required to install weeping tile, a catch
basin, or similar drainage system to manage high ground water levels that
may affect neighbouring parcels.
7.8.3
At the discretion of the Development Authority, the applicant is required to
grade a parcel in such a manner that all surface water will drain from the
building site to the back lane and / or front street.
7.8.4
Eavestroughs and stormwater drainage shall not be drained or directed
towards a neighbouring property.
7.8.5
All eavestroughs downspouts must drain to the front or rear of the parcel.
7.8.6
The Development Authority at its discretion may establish parcel and
building elevations as a development condition if it is estimated that it will
affect neighbouring parcels.
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7.9
FENCING AND HEDGES
See Figure 5|Fence Heights
Fences
7.9.1
In a residential district, a fence located within a Rear Yard, or an Interior or
Exterior Side Yard shall not exceed 6 feet in height (See Figure 5: Fence
Heights).
7.9.2
In a residential district, a solid fence located within the front yard of a lot
shall not exceed 1 m (3.2 feet) in height, and a chain link fence shall not
exceed 1.22m (4.0 feet) (See Figure 5: Fence Heights).
7.9.3
In a residential district, a fence shall be constructed from either wood, vinyl
or chain link and must be kept in good condition.
7.9.4
In a commercial district, fences may be to a maximum height of 8ft. A
chain link fence may extend at the 8ft height around the entirety of the
property. A screening material may be required by the development
authority, this may be due to the presence of outdoor storage,
unsightliness, or for privacy.
Hedges
7.9.5
Hedging should be trimmed and kept neat in appearance and must not
hang over or interfere with walkways.
7.9.6
Hedges and vegetation on corner lots must be trimmed and maintained at
a height to provide clear lines of site for vehicular and pedestrian traffic.
Recommended heights for hedges and vegetation on corner lots is 1 m
(3.2ft).
7.10
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
7.10.1 No person shall keep or permit in any part of a yard in any residential
district:
(a) Any dismantled or wrecked vehicles;
(b) Any object or chattel which, in the opinion of the Development Authority
is unsightly or tends to adversely affect the amenities of the
neighborhood; or
(c) Any excavations or storage of material required during the construction
stage unless necessary safety measures are undertaken. The owner of
such materials or excavations assumes full responsibility to ensure the
situation does not continue any longer then reasonably necessary to
complete a particular stage of construction work.
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7.11
EXCAVATIONS AND STOCKPILES
7.11.1 All excavations or stockpiles not associated with an issued subdivision or
development agreement require a development permit.
7.11.2 Excavations for the purpose of building ponds 0.6m (2.0 ft) or deeper, shall
require a development permit.
7.11.3 All Applications for excavations or stockpiles must include:
(a) a detailed map showing the location of the affected area consisting of
the excavation and any associated works such as stockpiles,
infrastructure and parking and loading areas;
(b) plans to mitigate dust, noise, visual blight, light pollution, and offsite
contamination (tracking of mud on public roads, for example);
(c) days of the week and hours of operation; and
(d) other information deemed necessary by the Development Authority.
7.11.4 Applications for excavations and stockpiles will be assessed and approved
at the discretion of the development authority as a discretionary use based
on considerations including (but not limited to):
(a) purpose of the excavation or stockpile;
(b) duration of time the excavation will take place or materials will be
stockpiled;
(c) potential Impacts on adjacent land use; and
(d) environmental impacts.
7.12
OFF-STREET LOADING / UNLOADING FOR COMMERCIAL AND INDUSTRIAL
DEVELOPMENT
7.12.1 All new commercial development shall provide and maintain off-street
loading and unloading spaces according to the following requirements:
(a) The space shall not be less than 2.5 m (8 feet) wide and shall provide no
less than 3.6 m (12 feet) overhead clearance;
(b) The space shall be hard surfaced if the access is from a street or lane
which is hard surfaced;
(c) Access to the space shall be such that no backing and turning
movements of vehicles causes interference with traffic on the adjoining or
abutting streets or lanes;
(d) Off-street loading and unloading spaces should be provided in
accordance with the following:
Use of Building or Site
Total Gross Floor Area
Spaces Required
a) Retail, Industry
Warehousing or similar use
Less than 464.5 m2 (5,000 sq. ft.)
1
464.5 m2 (5,000 sq. ft.) to 2,322.5 m2
(25,000 sq. ft.)
2
Each additional 2,322.5 m2 (25,000
sq. ft.) or fraction thereof
1 additional
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b) Office Building, Hospitals,
Public School or similar use
Up to 2,782 m2 (30,000 sq. ft.)
1
Each additional 2,782 m2 (30,000
sq. ft.) or fraction thereof
1 additional
7.13
PARKING
7.13.1 For a multiple use site, parking requirements shall be at the discretion of the
Development Authority.
7.13.2 Parking spaces for multi-unit dwellings shall not be less than 14.8 m2 (160 sq.
ft.) in area and not be less than 2.4 m (8 ft.) wide.
7.13.3 Parking spaces for an apartment building shall not be located in the front
yard.
7.13.4 A parking space shall be located on the same site as the building or the use
in respect of which it is required and shall be designated, located, and
constructed to the Village's standards so that:
(a) it is reasonably accessible to the vehicle intended to be accommodated
there;
(b) it does not interfere with traffic or traffic safety;
(c) It can be properly maintained; and
(d) It is satisfactory to the Development Officer in size, shape, location and
construction.
7.13.5 At the discretion of the Development Authority, an accessible parking stall
may be required for a proposed development. A developer may also
request an accessible parking stall.
7.13.6 The number of off-street parking spaces for any development shall be
according to requirements set out in the table below:
Use
Parking Stalls required
Automotive, Farm and Recreation
Vehicle Sales/Service
2 stalls / 100 m² (1,080 ft²) Gross Floor Area (GFA)
designated for customer parking plus a minimum of 3
stalls for staff parking
Clinic and Veterinary Clinic
2 stalls / 100 m2 (1,080 ft²) GFA
Daytime Child Care Services
1 stall / owner/staff person on duty with a minimum of
1 drop off area for every 2 children attending
Drinking Establishment
2.0 stalls / 10 m² (108 ft²) of seating area, plus 3 staff
parking
Dwelling - Multiple Unit (Apartment)
1.5 stalls / dwelling unit plus 0.15 stalls / dwelling unit
designated as visitor parking
Dwelling - Single Detached, Dwelling
- Modular, Dwelling - Manufactured
Home, Dwelling - Two Unit, Dwelling -
Multiple Unit (Attached)
2 stalls / dwelling unit
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Dwelling - Secondary Suite
and Backyard Suites
1 stall / suite
Food and Beverage Service Facility
2.0 stalls / 10 m² (108 ft²) of seating area, plus 3 staff
parking
Greenhouse and Plant Nursery
3 stalls / 100 m² (108 ft²) GFA plus a minimum of 2 staff
parking
Hospital
1 stall / bed
Hotel
1.0 parking space per guest suite
Library
2 stalls / 100 m2 (1,080 ft²) GFA
Manufacturing, Processing or
Assembly Facility
0.5 stall / staff plus a minimum of 5 stalls for visitor
parking
Manufactured Home Park
1.5 stalls / dwelling unit plus 0.15 stalls / dwelling unit
designated as visitor parking
Motel
1 parking space per guest suite
Office
1.0 stalls / 74 m² (796.5 ft²) GFA
Personal Service
2.0 stalls / 100 m² (1,080 ft²) GFA; for stores on site
Recreation Facility
10 stalls / 100 m² (1,076 ft²) GFA
Religious Assembly
5.0 stalls / 100 m² (1,080 ft²) of assembly area.
Retail Store
1.0 stall / 74 m² (796.5ft²) GFA
School - Elementary and Junior High
1 stall per classroom
School - High School
4 stalls per classroom
Warehousing and Storage (except
self storage)
1.0 stalls / 100 m² (1,080 ft²) GFA up to 2,000 m² (21,500
ft²) GFA
7.13.7 The parking requirements outlined in 7.13.6 above may be varied at the
discretion of the Development Authority.
7.13.8 Parking requirements for all uses not listed above are at the Discretion of
the Development Authority.
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7.14
DRIVEWAYS, WALKWAYS, PATIOS AND PARKING PADS
7.14.1 Although a development permit is not required, driveways and parking
pads shall be constructed to the following standards:
(a) Shall be constructed to fully contain a vehicle within the property
boundaries with a minimum width of 2.75 meters and minimum length of 6
meters;
(b) Driveways must be surfaced with a hard surface treatment, including
asphalt, concrete, interlocking block, or other hard material as approved
by the Development Authority;
(c) Parking pads must be surfaced with gravel, asphalt, concrete, interlocking
block, or other hard material as approved by the Development Authority;
(d) Gravel or concrete surfacing must be a minimum of 4 inches in depth;
(e) Asphalt surfacing must be a minimum of 2 inches in depth.
7.14.2 A property is permitted to construct more than one driveway.
7.14.3 A property is permitted to construct more than one parking pad.
7.14.4 Utility easements and right of ways should be left accessible when
constructing a driveway, walkway, patio or parking pad. In the event a
concrete driveway, walkway, patio or parking pad is placed over a utility
right of way or easement, the landowner is solely responsible and liable for
any damages to the concrete driveway, walkway or patio that may occur
as a result of a utility right of way or easement owner accessing the
associated infrastructure. All repair work that needs to occur to the
driveway, walkway, patio or parking pad will be the landowner's expense.
The removal of any obstruction from the utility right of way will be done at
the landowners expense.
7.14.5 Further to 7.14.5, the Village reserves the right to exercise emergency
repairs on such property without notification to the landowner or tenant. All
repair work that needs to occur to the driveway, walkway, patio or parking
pad will be at the landowner's expense. The removal of any obstruction
from the utility right of way will be done at the landowner's expense.
7.15
PHYSICAL ENVIRONMENT
Natural Environment:
7.15.1 The Development Authority may consider the environmental impact of any
proposed development.
7.15.2 The Development Authority may refer the proposal to a relevant provincial
department for comments on the nature of the environmental concern.
7.15.3 Where a development is considered to have a significant environmental
impact, the Development Authority may request the developer to have an
environmental evaluation prepared and submitted by an appropriate
professional, or undertake its own environmental evaluation regarding the
proposed development. This may include (but is not limited to):
(a) Biophysical Impact Assessment
(b) Environmental Site Assessments
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7.15.4 All costs associated with an environmental evaluation are the responsibility
of the developer.
Development on Land Subject to Subsidence Conditions:
7.15.5 Prior to issuing a development permit, approving an application to amend
this Bylaw, approving an application for subdivision, or approving an
application to amend a Statutory Plan for land which has potential
undermining or subsidence conditions, the Development Authority may
require a geo-technical study prepared by a member in good standing of
the Association of Professional Engineers and Geoscientists of Alberta.
Historic Resources:
7.15.6 Prior to issuing a development permit, approving an application to amend
this Bylaw, approving an application for subdivision, or approving an
application to amend a Statutory Plan for land that contains or may
contain historic resources the Development Authority shall ensure that
appropriate provincial approval has been obtained as per the Historical
Resources Act.
7.15.7 If a historic resource is found during the course of development activities, all
development activities must cease and the resource must be reported
immediately to the Province as per the Historical Resources Act, even if the
Historical Resource Act approval was already issued for the development.
7.16
PROJECTION OVER YARDS
See Figure|9 Projections Over Yards
7.16.1 Front Yards
(a) Eaves, balconies, bay windows, shade projections, chimneys, un-enclosed
decks, may project a maximum of 0.6 m (2 ft.) over or onto a required front
yard; and
(b) Un-enclosed steps may project a maximum of 1.8 m (6 ft.) over or onto a
required front yard.
7.16.2 Side Yards
(a) Eaves, shade projections, chimneys, may project a distance not
exceeding one half of the minimum side yard requirement for the lot as
determined by the zoned district.
(b) Un-enclosed steps and landings shall be at grade to a side entrance and
may project onto the entire required side yard. Un-enclosed steps and
landings above grade shall be at the discretion of the Development
Authority;
(c) Residential buildings with a side entrance requiring a side yard relaxation
and / or having projections as described above shall maintain one side
yard with no relaxation or projection except for eaves.
7.16.3 Rear Yards
(a) Eaves, balconies, bay windows, shade projections, chimneys, un-enclosed
decks and steps may project a maximum of 1.5 m (4.9 ft.) over or onto a
required rear yard.
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7.17
RELOCATION OF BUILDINGS
7.17.1 Where a development permit has been granted for the relocation of a
building on the same site or from another site, the Development Authority
may require the applicant to provide a performance bond or deposit letter
of credit in the amount of the estimated cost of renovations, with a
minimum amount of $10,000.00, to ensure completion of any renovations
set out as condition of approval of a permit. In addition, the Development
Authority shall require the applicant to provide proof of insurance during
and after relocation of the building.
7.17.2 All renovations to a relocated building are to be completed within one (1)
year of the issuance of the development permit.
7.17.3 Application for a relocated building shall be accompanied by recent
interior and exterior photographs to the satisfaction of the Development
Authority. Also, the input (in writing) of the adjacent registered property
owners within a minimum of 60 m (196.85 ft.) of a said parcel may be
required by the Development Authority and/or MPC.
7.17.4 The design, external finish and architectural appearance of any relocated
buildings/structure shall be similar to and complement the existing structures
on the parcels adjacent to the parcel on which it is to be located.
7.17.5 All related costs to installation, repairs and/or replacement of Village
infrastructure due to the relocation of the building/structure are the
responsibility of the property owner.
7.18
UTILITIES
7.18.1 Except within the Residential Acreage District, private water well drilling
shall not be permitted within the Village boundaries.
7.18.2 Except in the Residential Acreage District, no private sewer system is
allowed and a development shall not be permitted if the development is
not served by the public sewer or a provincially approved private system.
7.18.3 A development shall not be permitted until satisfactory arrangements have
been made for the supply of:
(a) water;
(b) electric power;
(c) sewerage; and
(d) street access
to the development including payments of costs of installing or
constructing any such utility or facility by the developer.
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8 SPECIFIC USE REGULATIONS
8.1
CANNABIS PRODUCTION FACILITY
8.1.1
As a condition of development and prior to the operation of the facility, the
owner must provide a copy of the current license for all activities
associated with cannabis production as issued by the Health Canada.
8.1.2
The owner or applicant must obtain any other approval, permit,
authorization, consent or license that may be required to ensure
compliance with applicable federal, provincial or other municipal
legislation.
8.1.3
The development must be done in such a manner where all of the
processes and functions are fully enclosed within a stand-alone building
including all loading stalls and docks, garbage containers and waste
material.
8.1.4
The development shall ensure appropriate security for the grounds and the
facility.
8.1.5
The development shall not include an outdoor area for the storage of
goods, materials or supplies.
8.1.6
The development shall not operate in conjunction with another approved
use.
8.1.7
The development must include equipment designed and intended to
remove odours from the air where it is discharged from the building as part
of a ventilation system.
8.1.8
The Development Authority may require as a condition of a development
permit, a waste management plan completed by a qualified professional,
which includes but not limited to, details on:
(a) the quantity and characteristics of liquid and waste material
discharged by the facility;
(b) the method and location of collection and disposal of liquid and
waste material discharged by the facility; and
(c) the incineration of waste products and airborne emissions, including
smell.
8.2
CANNABIS RETAIL STORE
8.2.1
Is a use:
(a) where Cannabis is sold for consumption off premises;
(b) where consumption of cannabis must not occur; and
(c) where all cannabis that is offered or sold must be from a federally
approved and licensed facility.
8.2.2
Cannabis Retail Stores shall comply with all provincial regulations including
(but not limited to) separation distances and hours of operation.
8.2.3
The owner or applicant must obtain any other approval, permit,
authorization, consent or license that may be required to ensure
compliance with applicable federal, provincial or other municipal
legislation.
8.2.4
The owner or applicant must provide a plan for waste disposal.
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8.3
DAYTIME CHILD CARE SERVICE
8.3.1
The Development Authority shall, in deciding whether to approve or refuse
a Child Care Service, consider among other matters, potential traffic
generation, proximity to park or other open recreation areas, isolation of
the proposed site from other residential uses, buffering or other techniques
designed to limit any interference with other uses or the peaceful
enjoyment of their properties by nearby residents and consistency in terms
on intensity of use with other developments in the area.
8.3.2
All Child Care Services shall be licensed and approved by the relevant
Provincial Agency.
8.4
HOME OCCUPATIONS
8.4.1
Where the applicant for the Home Occupation is not the registered owner
of the dwelling unit proposed to be used for a Home Occupation, the
applicant shall provide to the Development Authority written authorization
from the registered owner(s).
8.4.2
Storage of hazardous or dangerous materials that would increase the risk of
fire as determined by a qualified fire official shall not be permitted on site.
8.4.3
A Home Occupation shall not operate at a time of day or night that is likely
to disturb other residents or properties in the area.
8.4.4
A Home Occupation - Major shall not be permitted if, in the opinion of the
Development Authority, such use would be more appropriately located in a
Commercial Land Use District having regard for the overall compatibility
with the residential character of the area.
8.4.5
A Home Occupation shall not include any use or operation of equipment
which will cause or create a nuisance by way of noise, electrical
interference, dust, smell, smoke or traffic generation.
8.4.6
No vehicle related to a Home Occupation that, in the opinion of the
Development Authority, detracts from the residential character of the area
shall be permitted to park in the vicinity of the Home Occupation. This may
be due to size, gross vehicle weight, noise, etc.
8.5
HOME OCCUPATIONS - MINOR
8.5.1
A Home Occupation - Minor shall comply with the following:
(a) Shall not employ any person not residing in the Dwelling Unit;
(b) shall be contained within the principal building;
(c) Outdoor storage of materials, commodities, or finished products related to
the use is prohibited; and
(d) No Signs are permitted.
8.6
HOME OCCUPATION - MAJOR
8.6.1
A Home Occupation - Major shall comply with the following:
(a) An applicant shall provide a description of the business, and any other
relevant information that the Development Authority may deem
necessary;
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(b) An applicant shall provide a detailed parking plan indicating proposed
resident, client and employee parking;
(c) May be permitted to employ up to a maximum of 4 employees at the
discretion of the Development Authority;
(d) All business related activities:
(i) Shall be contained within the principal building or an accessory
building;
(ii) Outdoor storage of materials, commodities, or finished products
related to the use of the home occupation (major) shall be stored in
a neat and orderly manner in the Rear Yard and shall be screened
from view from adjacent residences;
(iii) Outdoor storage of materials, commodities and/or finished products
in the Front Yard is not Permitted.
(e) Signs are permitted as per Section 9 Signs.
(f) Home occupation of Storage of Trailers, vehicles, etc. related to the home
occupation are to:
(i) Be parked on an approved parking pad;
(ii) confined to the property boundaries of the residential property;
(iii) Not be parked on the street in such a manner to impede residential
parking or traffic.
8.7
PET CARE SERVICE
8.7.1
Rules that apply to all Pet Care Services:
(a) Animals shall not be boarded overnight;
(b) May have the incidental sale of products relating to the services
provided by the use; and
(c) Must not have any outside enclosures, pens, runs or exercise areas
unless approved by the Development Authority. Approval would be
conditional on the zoning, the type and size of enclosure, the
separation of animals, and the care and shelter of the animals while in
the enclosure.
8.7.2
The Development Authority may, when issuing a development permit,
determine the maximum number of animals that may be kept at any one
time by the operator of a Pet Care Service.
8.7.3
Pet Care Services shall be operated in accordance with health regulations
and, in particular, excrement and similar waste shall be disposed of in a
manner acceptable to Alberta Health Services.
8.7.4
Development permits issued for an animal care service shall be limited to a
maximum period of three (3) years.
8.7.5
For animal care services, a detailed description of how the facility will meet
the Canadian Veterinary Medical Association Code of Practice for
Canadian Kennel Operations latest publicly available edition.
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8.8
KENNEL - BOARDING AND KENNEL - BREEDING
Kennel - Boarding
8.8.1
An application for a development permit for a Kennel - Boarding shall
include, among other requirements stated in this Bylaw, the following:
(a) A site plan indicating the size and location of all kennel buildings and
facilities (e.g. outdoor areas, waste (feces) management areas, parking
areas, signs);
(b) Floor plans illustrating the number, size and location of animal pens inside
and outside the building(s); enclosures, pens, runs or exercise areas.
(c) a detailed description of how the facility will meet the Canadian
Veterinary Medical Association Code of Practice for Canadian Kennel
Operations latest publicly available edition.
8.8.2
Kennel - Boarding may provide for the incidental sale of products relating
to the services provided by the use.
8.8.3
No buildings or exterior exercise area(s) to be used to accommodate dogs
shall be allowed within 50 m (164 ft.) of any residential dwelling located on
adjacent parcels and a diagram indicating the distances shall be
submitted with the development permit application.
8.8.4
All dog facilities, including buildings and exterior exercise areas, shall be
located to the rear of the principal building and shall be constructed to the
following standards:
(a) Interior walls and ceilings shall be constructed of washable building
material;
(b) Exterior walls should be fire-resistant and impervious to moisture;
(c) Doors, window frames and window sashes should be impervious to
moisture and rodent resistant;
(d) Insulation shall be required, taking into consideration the breed, age and
overall health of the dogs; and
(e) All facilities must have adequate ventilation and light.
8.8.5
The Development Authority may, when issuing a development permit,
determine the maximum number of adult dogs that may be kept at any
one time by the operator of a kennel.
8.8.6
All pens, rooms, exercise runs, and holding stalls shall be soundproofed if
deemed necessary by the Development Authority, which shall base its
decision on the number of animals to be kept at the Kennel, the proximity
of the use to other kennels, and the noise from the use may adversely
affect the amenities of the area.
8.8.7
In addition to soundproofing requirements, the times at which the animals
are allowed outdoors may be regulated. In particular, all dogs at a kennel,
including pups, are required to be kept indoors between the hours of 10:00
p.m. and 7:00 a.m.
8.8.8
All kennel facilities shall be screened by both a visual and sound barrier, by
fences and/or landscaping, from existing dwellings on adjacent parcels to
the satisfaction of the Development Authority.
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8.8.9
Kennels shall be operated in accordance with health regulations: and
excrement and similar waste shall be disposed of in a manner acceptable
to Alberta Health Services.
8.8.10 Application for a development permit for a new or existing boarding kennel
operation shall take into consideration the following (where applicable):
a) Mandatory inspection report by a Doctor of Veterinary Medicine submitted
with a development permit application;
b) Any previous complaints or comments from adjacent landowners;
c) Complaints filed to the Alberta Society for the Prevention of Cruelty to
Animals (SPCA);
d) Compliance with the latest publicly available edition of the Canadian
Veterinary Medical Association Code of Practice for Canadian Kennel
Operations.
8.8.11 As a condition of approval, the Development Authority shall require the
applicant submit an inspection report, prepared by a Doctor of Veterinary
Medicine, on the anniversary date of the permit. In addition, at the
discretion of the Development Authority, the applicant may be required to
submit yearly inspection reports as a condition of approval or renewal.
Kennel - Breeding
8.8.12 Permits issued for a Kennel - Breeding development shall be limited to a
maximum period of three (3) years.
8.8.13 For Kennels - Breeding, the following may be required:
(a) a business plan with information on the number of dogs, type of
facility proposed, waste management, type (breed), ratio of females
to males and anticipated litters.
(b) For animal breeding services, a detailed description of how the facility
will meet the Canadian Veterinary Medical Association Code of
Practice for Canadian Kennel Operations latest publicly available
edition.
8.9
MANUFACTURED HOMES
8.9.1
All Dwelling - Manufactured homes shall be C.S.A. approved.
8.9.2
Manufactured homes shall have a foundation capable of supporting the
maximum anticipated load of the manufactured home during all seasons.
The foundation shall comply with the Alberta Building Code.
8.9.3
All manufactured homes shall have a minimum width of 4.3 m (14 ft.).
8.9.4
The under carriage of each manufactured home shall be properly insulated
and completely screened from view by the foundation or skirting within 45
days of placement of the manufactured home.
8.9.5
All manufactured homes entrances shall have appropriate steps and
landings within 45 days of their placement on the site.
8.9.6
In determining the suitability of manufactured homes for placement,
consideration may be given to condition and appearance. Manufactured
homes constructed more than ten (10) years prior to the date of the
development permit application may not be permitted.
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8.10
MODULAR HOMES
8.10.1 All Dwelling - Modular homes shall be C.S.A. approved.
8.10.2 Modular Homes are not to be considered as manufactured homes under
this Bylaw and shall be similar in appearance to the existing surrounding
buildings. Modular homes shall at minimum, contain the following design
features:
(a) a minimum roof pitch of 10 cm of vertical rise for every 30 cm of
horizontal run (4:12 pitch);
(b) have a roof surface of wood or asphalt shingles, clay or concrete tile,
slate shingles, sheet metal shingles, or hand split shakes;
(c) have a minimum roof overhang or eaves of 41 cm (16 in.) from the
primary surface of each façade;
(d) have a maximum length-width ratio of 3:1; and
(e) be placed on a permanent foundation or basement.
8.11
PRIVATE SWIMMING POOLS, HOT TUBS AND SHALLOW PONDS
8.11.1 Building permits are required for private swimming pools, wading pools,
shallow ponds, or hot tubs with a depth greater than 0.6m (2.0ft).
8.11.2 The entire area serving an outdoor private swimming pool, hot tub or
shallow pond must be protected by a fence, that can prevent access by
unauthorized persons. Its height above the outside ground level must not be
less than 1.8 m (6 ft.) in height.
8.11.3 An opening for access through a fence around a private swimming pool,
hot tub or shallow pond must be protected by a gate that is:
(a) the same height as the fence
(b) equipped with self-closing device
(c) equipped with self-latching device on the inside of the gate located
not less than 1.5 m (5 ft.) above ground level, and
(d) capable of being locked.
8.11.4 The outside of a fence or gate must not have horizontal or diagonal
structural pieces that would facilitate climbing.
8.11.5 Notwithstanding subsections 8.73 and 8.7.4 above, a fence and gate is not
required provided a cover that has been designed and constructed in
conformance with ASTM F 1346, "Safety Covers and Labelling Requirements
for All Covers for Swimming Pools, Spas and Hot Tubs" and is provided with
lockable devices to prevent access to the water by unauthorized persons.
Such covering devices are to be in place preventing access to the water
when the pool, hot tub or spa is not in use.
8.11.6 Devices must not be installed on or adjacent to a fence or gate around a
swimming pool that could cause electric current to pass through the fence
or gate.
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8.12
RENEWABLE ENERGY SYSTEMS
8.12.1 Renewable energy systems such as, but not limited to, active and passive
solar, photovoltaic solar panels, heat exchange systems and generators are
encouraged as a method to reduce greenhouse gas emissions and to
promote sustainability objectives within the Village. Alternative Energy
Systems shall require a development permit to ensure there are no nuisance
effects that extend beyond the site and shall have consideration for the
following requirements:
(a) Renewable Energy Systems that are part of or attached to the principal
building shall follow the requirements for that use (i.e. Solar panels on a
roof); and
(b) Renewable Energy Systems shall follow the minimum requirements for
accessory buildings and uses in the appropriate Land Use District where
separate and subordinate to the principal building or use of the property;
and
8.12.2
Renewable Energy Systems shall be considered a discretionary use in all
land use districts.
8.13
STORAGE STRUCTURES
8.13.1 A storage structure is not an accessory building.
8.13.2 A storage structure shall meet the setback requirements for an accessory
building in the appropriate district.
8.13.3 A storage structure shall be for cold storage only and shall not be
connected to utilities.
8.13.4 A storage structure shall be screened from view as required by the
Development Authority and/ or may require exterior finishing to be in
general conformance with the principal building or surrounding
development.
8.13.5 Except as provide for in this section 8.13, a storage structure shall not be
permitted in residential areas or on parcels where the primary land use is
residential.
8.13.6 A storage structure shall not be used as a sign.
8.13.7 A storage structure may be approved on a temporary basis during
construction within any land use district.
8.14
SECONDARY SUITES AND BACKYARD SUITES
8.14.1 Development of a Dwelling - Secondary Suite or Dwelling - Backyard Suite
shall adhere to the Alberta Building Code and Alberta Fire Code as a
condition of approval.
8.14.2 An application for a Dwelling - Secondary Suite or Dwelling - Backyard
Suite shall include a detailed parking plan outlining:
(a) Proposed off-street parking in line with the parking requirements outlined
in Section 7.13 Parking; and
(b) On-street parking available in the area.
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8.14.3 All required off-street parking stalls for a Dwelling - Secondary Suite or
Dwelling - Backyard Suite shall be hard surfaced (e.g. cement,
pavement/asphalt, etc.).
8.14.4 A Dwelling - Secondary Suite and a Dwelling - Backyard Suite cannot be
located on the same property.
Secondary Suites:
8.14.5 A Dwelling - Secondary Suite shall only be developed within the principal
dwelling and shall not be developed within a detached garage and/or
accessory structure.
8.14.6 The minimum floor area for a Dwelling - Secondary Suite shall be not less
than 30 m2 (322.93 sq. ft.).
8.14.7 A Dwelling - Secondary Suite shall be developed in such a manner that the
exterior of the principal dwelling containing the Dwelling - Secondary Suite
shall appear as a single-detached dwelling.
8.14.8 Only one Dwelling - Secondary Suite may be developed in conjunction
with a principal dwelling.
8.14.9 A Dwelling - Secondary Suite shall not be separated from the principal
dwelling through a condominium conversion or subdivision.
Backyard Suites:
8.14.10 Development of a Dwelling - Backyard Suite shall comply with the
following:
(a) Must be located in a detached building located behind the front
façade of the principal Dwelling Unit.
(b) May be attached to or on the second storey of an Accessory
Building.
(c) A maximum of 1 Dwelling - Backyard Suite is permitted on a parcel.
(d) Must comply with all development standards for Accessory Buildings
in the Land Use District that the property falls within.
(e) The exterior colour and materials, roof pitch, and window or door
styles of a Dwelling - Backyard Suite must, at the discretion of the
Development Authority, match or complement the principal Dwelling
Unit.
8.15
AGRICULTURAL OPERATIONS
8.15.1 Extensive Agriculture does not include the rearing of livestock, or any
building in relation to agricultural operations.
8.15.2 The rearing of livestock, or any building in relation to agricultural operations
shall require a development permit and must be in compliance with all
Land Use Bylaw Regulations and any applicable statutory planning
documents including but not limited to Area Structure Plans.
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9 SIGN REGULATIONS
9.1
SIGN RELATED DEFINITIONS
9.1.1
For the purposes of this Land Use Bylaw, the following definitions related to
signage apply:
SIGN
Means a lettered board and/or other public display intended for the
advertising or calling attention to any person, business, matter,
message, object or event.
SIGN AREA
Means the entire area within a single continuous perimeter enclosing
the extreme limits of a sign and in no case passing through or
between any adjacent elements of same. However, such perimeter
shall not include any structural elements lying outside the limits of such
sign and not forming an integral part of the display. See figure below.
SIGN CONTENT
Means the wording/lettering, message, graphics or content displayed
on a sign.
SIGN CONTENT
AREA
Means the entire area within a single straight line geometric figure or a
combination of squares or rectangles that will enclose the extreme limits
of the advertising message or announcement including decorations
related to the specific nature of the advertising message or
announcement.
SIGN HEIGHT
Means the vertical distance measured from the highest point of the sign
or sign structure to the finished grade.
SIGN
ILLUMINATION
Means the lighting or exposure of a sign to artificial lighting either by lights
on or in the sign or directed toward the sign.
ELECTRONIC
DISPLAY
Means a sign using electronic screens, televisions, computer video
monitors, liquid crystal displays, light-emitting diode displays, or any other
similar electronic technology.
SIGN TYPE
Means the type of structure of a sign (e.g. freestanding, portable) used to
convey the sign content. Sign Types are further defined in Section 9.2.2
below.
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9.1.2
Sign types are defined as follows:
Type #
Name
Definition
1
A-board
Means a temporary sign which is set on the ground, built of
2 similar pieces of material and attached at the top by a
hinge(s) so as to be self-supporting when the bottom edges
are separated from each other and designed and built to
be easily carried by 1 person.
2
Billboard sign
Means a freestanding structure constructed to provide a
medium for advertising where the subject matter is not
necessarily related to a use at or around the parcel on
which the billboard is located and where the copy can be
periodically replaced.
3
Canopy sign
Means a sign that is mounted, painted or otherwise
attached to an awning, canopy or marquee.
4
Fascia sign
Means a sign attached across the face of the building,
located approximately parallel thereto, in such a manner
that the wall becomes the supporting structure for or forms
the background surface of the sign, which does not project
more than 0.3 m (1 ft.) From the building.
5
Freestanding sign
Means a sign supported independently of a building, wall,
or other structure by way of columns, concrete foundation,
uprights, braces, masts, or poles mounted in or upon grade.
6
Mural sign
Means a painting or other decorative work applied to and
made integral with an outside wall surface of a building.
7
Portable sign
Means a sign that is not permanently affixed to a building,
structure, or the ground and does not include a-board signs
as defined in this bylaw
8
Projecting sign
Means a sign other than a canopy sign or fascia sign which
is attached to and projects, more than 0.3 m (1 ft.)
Horizontally, from a structure or building face.
9
Roof sign
Means any sign erected upon, against, or directly above a
roof or on top of or above the parapet of a building.
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10
Temporary sign
Means any sign permitted, designed or intended to be
displayed for a short period of time, not including portable
signs, however including balloon signs, construction signs,
political poster signs, banner signs, a-board signs or any
other sign that is not permanently attached to a supporting
structure or building.
11
Under-canopy sign
Means a sign that is suspended from or below the ceiling or
roof of an awning, canopy or marquee.
12
Window sign
Means a sign painted on, attached to or installed on a
window intended to be viewed from outside the premises.
9.1.3
OTHER SIGNS
When a sign cannot be clearly categorized as one of the sign types as
defined in this Bylaw, the Development Authority shall determine the sign
type and any and all applicable controls.
9.2
SIGNS GENERAL RULES
9.2.1
The Village of Acme may without the need for a development permit:
(a) erect signs for the purposes of displaying community information, services
and events; and
(b) authorize a temporary sign, which may not conform to the rules of this
bylaw, in the interest of public information.
9.2.2
No Sign of a commercial, directional or informative nature shall be erected
on land or affixed to any exterior surface of any building or structure unless
an application for this purpose has been approved and a development
permit has been issued.
9.2.3
No Sign shall be erected on or affixed to private or Village owned property
without the prior consent of the property owner and/or tenant.
9.2.4
No Sign shall be erected on or affixed to public property without the prior
consent of the appropriate public body.
9.2.5
Notwithstanding Section (9.2.2) nor the provisions of Sections (9.2.3) and
(9.2.4), the following Sign may be erected on land or affixed to the exterior
surface of a building or structure without application for a development
permit provided that no such Sign shall include Electronic Display :
(a) A Sign for the purpose of identification, direction and warning, not
exceeding 1m2 (3.3 ft2) and limited to one sign per parcel;
(b) Sign relating to a Home Occupation- Major, person, partnership or
company carrying on a profession, business or trade, not exceeding 0.37
m2 (4.0 ft2) and limited to one sign per parcel;
(c) A-Board signs following the standards of subsections 9.3.7 (a) to (d)
(inclusive); and
(d) Election signs that comply with all federal and provincial regulations and
the Local Authorities Election act during the election period.
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9.2.6
No Sign or advertising structures other than those specified under
Subsection (9.2.5), shall be permitted in a residential district.
9.2.7
No Sign or advertisement shall resemble or conflict with a traffic sign.
9.2.8
All signs and advertisements shall be kept in a safe, clean, tidy, and working
condition.
9.2.9
All signs with a Electronic Display shall:
(a) Be kept in good repair and working condition;
(b) Not negatively impact surrounding properties (brightness, flashing, noise,
etc.); and
(c) Not negatively impact traffic safety.
9.2.10 The Development Authority may put conditions on signs with a Electronic
Display to mitigate for any negative impacts to adjacent properties, traffic,
or other matters as deemed relevant by the Development Authority.
9.2.11 The Development Authority may put conditions on Sign Illumination to
mitigate for any negative impacts to adjacent properties, traffic, or other
matters as deemed relevant by the Development Authority.
9.2.12 The Development Authority may revoke or amend a development permit
for a sign at any time if the sign has become detrimental to the amenities of
the neighbourhood.
9.2.13 No sign shall be erected on or affixed to provincial property or a provincial
road right-of-way without the approval of Alberta Transportation.
9.2.14 Where a sign projects over a public sidewalk or other municipal property,
the owner of the sign shall enter into an agreement with the Village that
shall:
(a) indemnify to hold harmless the Village for any claim related to the
construction and maintenance of the sign; and
(b) furnish a public liability insurance policy of $2,000,000.00 naming the
Village of Acme as a co-insured.
9.2.15 A sign shall comply with the requirements set out in the Canadian Code of
Advertising Standards and shall not be offensive or promote intolerance,
hatred, or ridicule of any race, religion, or other segment of society.
9.3
SPECIFIC SIGN TYPE REGULATIONS
9.3.1
Canopy Signs:
(a) minimum height clearance of 2.7m (9 ft.) from grade or any sidewalk
below;
(b) shall not project above the roof;
(c) shall be setback a minimum of 0.6m (2 ft.) from a curb;
(d) shall not project more than 2.0m (6.4 ft.) from the face of the building;
and
(e) shall not exceed 9.3 m2 (100 ft2) in area.
9.3.2
Fascia Signs:
(a) No fascia sign shall project more than 0.3 metres over a street or
public property.
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(b) Not withstanding 9.2.1, fascia signs lower than 2.5 metres above grade
cannot project over a public walkway.
(c) No fascia sign shall project more than 1 metre above the roof of the
building to which the fascia sign is attached.
(d) No fascia sign shall exceed 25% of the façade to which the fascia sign
is attached.
9.3.3
Freestanding Signs:
(a) No freestanding sign shall extend beyond 6 metres above grade or be
larger than 3 square metres, except in the:
(i) Highway Business District where the maximum height shall be 9 m
and the maximum sign area shall be 4 m2.
(b) Only 1 freestanding sign may be erected along each of a site's parcel
boundaries shared with a street.
(c) Freestanding signs shall be separated from each other by a minimum
distance of 15 m.
(d) Freestanding signs may be erected on adjacent sites to which they
relate, but must be within 15 m of the parcel boundary.
9.3.4
Portable Signs:
(a) Shall not exceed 10.0m2 (107.6 ft2) in total sign area;
(b) Shall not exceed 2.5m (8.2 ft.) in height;
(c) The sign shall not be located in the sight triangle formed on a corner
site by the two street property lines and a straight line which intersects
them 5.0 m (16.4 ft.) from the corner where they meet;
(d) The lighting of a mobile sign shall not adversely affect residential sites
and/or traffic lights; and
(e) A valid development permit has been obtained for the sign(s) to be in
place for more than 7 consecutive days.
9.3.5
Projecting Signs:
(a) No projecting sign shall exceed 2 m2 in sign area.
(b) No projecting sign shall project more than 1 metre above the roof of
the building to which the projecting sign is attached.
(c) No projecting sign shall be lower than 2.5 metres above grade.
(d) The maximum space between the projecting sign and its supporting
structure shall be 0.6 metres.
(e) No projecting sign shall project within 0.6 metres from the sidewalk
edge (not including curb).
(f) Only 1 projecting sign may be erected on each street facing façade
of the use to which the sign relates
9.3.6
Roof Signs:
(a) No rooftop sign shall exceed 4 m2 in sign area.
(b) No rooftop sign shall project more than 3 metres vertically above the
roof line.
(c) No rooftop sign shall project horizontally beyond the roof line.
9.3.7
A-Board Signs:
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(a) No A-board sign shall exceed 0.6 m in width or 0.9 m in height.
(b) A-board signs shall only be allowed on sidewalks during hours when
the business to which the A-board sign relates is open to the public.
(c) A-board signs shall be limited to 1 per business and placed directly in
front of the building in which the business is located.
(d) A-board signs must be constructed of a material such that a rigid
frame is provided.
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10 ENFORCEMENT
10.1
STOP ORDERS / ORDERS OF COMPLIANCE
10.1.1 Where the Development Authority finds a development or use of land or
buildings is not in accordance with:
(a) the Municipal Government Act or the Regulations; or
(b) a development permit or subdivision approval issued under the
authority of this Land Use Bylaw; or
(c) an order, decision or permit issued by the Appeal Body:
the Development Officer may, by notice in writing, order the registered
owner, the person in possession of the land or buildings or the person
responsible for the contravention or all of any of them to:
(a) stop the development or use of the land or buildings in whole or in
part as directed by the notice; or
(b) demolish, remove or replace the development; or
(c) take such other measures specified in the notice so that the
development or use of the land or building is in accordance with the
Municipal Government Act, the Regulations, a development permit,
subdivision approval or this Bylaw, as the case may be, and may
stipulate the time period within which the contravention shall be
remedied.
10.1.2 A person who receives a notice pursuant to section 10.1.1 above may
appeal to the Appeal Body in accordance with the process outlined in the
Municipal Government Act.
10.2
ENFORCEMENT
10.2.1 Where a person fails or refuses to comply with an order directed to him/her
under Section 10.1 above, or an order of the Subdivision and Development
Appeal Board pursuant to the Act, within the time specified, a designated
officer may, in accordance with the Municipal Government Act, enter
upon the land or building and take such action as is necessary to carry out
the order;
10.2.2 Where the Municipality or a person appointed by it carries out an order,
the individual in contravention will be invoiced for these costs. If a person
fails to cover full costs of invoice within 30 days Council shall cause the
costs and expenses incurred in carrying out the order to be added to the
tax roll of the parcel of land, and the amount:
(a) is deemed for all purposes to be a tax imposed under the Act from
the date it was added to the tax roll; and
(b) forms a special lien against the parcel of land in favour of the
Municipality from the date it was added to the tax roll.
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10.3
MUNICIPAL INSPECTION AND RIGHT OF ENTRY
10.3.1 Pursuant to Section 542 of the MGA, a Designated Officer may, after
giving reasonable notice to the owner or occupier of land or the structure
to be entered:
(a) enter on that land or structure at any reasonable time, and carry out
any inspection, enforcement or action required to assess or enforce
compliance with this Bylaw,
(b) Request anything to be produced to assist in the inspection, remedy,
enforcement or action, and
(c) Make copies of anything related to the inspection, remedy,
enforcement or action.
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11 LAND USE DISTRICT MAP
Bylaw 2022-02
Land Use
District Map -
No Overlay
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Bylaw 2022-02
Land Use
District Map -
Manufactured
Home Overlay
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12 FIGURES AND DIAGRAMS
FIGURE 1|BUILDING HEIGHT
TINY
HOME
MANUFACTURED
MODULAR,
READY TO
MOVE
SINGLE-
DETACHED
TWO-UNIT
MULTIPLE UNIT -
ATTACHED)
(3 OR MORE
UNITS)
APARTMENT
(5 OR MORE UNITS)
FIGURE 2|DWELLING TYPES
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FIGURE 3|SITE COVERAGE CALCULATIONS
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FIGURE 4|PARCEL AND YARD TYPES
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Location
Maximum height from grade:
Rear or Side Yard (Interior)
1.8m (6 ft.)
Side Yard (exterior)
1.8m (6 ft.)
Front Yard
1 m (3.2 ft.) or ;
1.2m (4ft.) for chain link fences
FIGURE 5|FENCE HEIGHTS
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FIGURE 6|TOPOGRAPHICAL FEATURES
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FIGURE 7|ACCESSORY BUILDING SITING
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FIGURE 8|PROJECTIONS OVER YARDS