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## ALBERTA BEACH
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## Land Use Bylaw No. 252-17
Consolidated to September 19, 2017
## Table of Contents
| PART 1 - GENERAL ... 6 | PART 1 - GENERAL ... 6 |
|---------------------------------------------------------------|-------------------------------------------------------------------|
| 1.1 | TITLE.. ...6 |
| 1.2 | SCOPE |
| 1.3 | PURPOSE ...6 ..... 6 |
| 1.4 | PREVIOUS BYLAW ...7 |
| 1.5 | METRIC AND IMPERIAL MEASUREMENTS. ...7 |
| 1.6 | RELATIONSHIP TO THE MUNICIPAL GOVERNMENT ACT ..7 |
| | 1.7 EFFECTIVE DATE .7 |
| | 1.8 OTHER LEGISLATIVE AND BYLAW REQUIREMENTS.. |
| | 1.9 DEFINITIONS OR MEANINGS........ |
| PART 2 - ESTABLISHMENT OF DEVELOPMENT CONTROL AGENCIES ..8 34 | PART 2 - ESTABLISHMENT OF DEVELOPMENT CONTROL AGENCIES ..8 34 |
| | 2.1 ESTABLISHMENT OF DEVELOPMENT AUTHORITY ...34 |
| | 2.2 ESTABLISHMENT OF MUNICIPAL PLANNING COMMISSION.. |
| 2.3 | ESTABLISHMENT OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD ..35 35 |
| 2.4 | AMENDMENT OF THE LAND USE BYLAW .35 |
| | 2.5 SECTIONS FOUND TO BE INVALID ... 38 |
| | 2.6 FORMS.... 38 |
| PART 3 - DEVELOPMENT PERMITS.. .. 39 | PART 3 - DEVELOPMENT PERMITS.. .. 39 |
| | 3.1 CONTROL OF DEVELOPMENT.... ..39 |
| 3.2 | DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT.. .39 |
| 3.3 | SAME OR SIMILAR USES.. 43 |
| 3.4 | ELECTRONIC COMMUNICATION...... ..44 |
| 3.5 | DEVELOPMENT PERMIT APPLICATIONS ...44 |
| 3.6 | DEVELOPMENT PERMITS AND NOTICES.. ...45 |
| 3.7 | DECISION ON DEVELOPMENT PERMIT APPLICATIONS. ..47 |
| 3.8 | DEEMED REFUSALS ON DEVELOPMENT PERMIT APPLICATIONS ..49 |
| 3.9 | SUSPENSION OR CANCELLATION OF DEVELOPMENT PERMITS ...49 |
| | 3.10 CONTRAVENTION.. 50 |
| | 3.11 BYLAW ENFORCEMENT, PENALTIES AND FINES .51 |
| | 3.12 DEVELOPERS' RESPONSIBILITY... |
· 53
| PART 4 - GENERAL DEVELOPMENT REGULATIONS ... 55 | PART 4 - GENERAL DEVELOPMENT REGULATIONS ... 55 |
|---------------------------------------------------|----------------------------------------------------------------------|
| 4.1 | PRINCIPAL BUILDING OR USE.... ..55 |
| 4.2 | DWELLING UNITS ON A PARCEL... ..55 |
| 4.3 | ON-SITE SERVICING................ ....55 |
| 4.4 | VEHICLE ACCESS MANAGEMENT. ..56 |
| 4.5 | BUILDING ATTACHED TO A PRINCIPAL BUILDING 56 |
| 4.6 | BUILDING ORIENTATION AND DESIGN - 56 |
| 4.7 | RELOCATION OF BUILDINGS ....... ....57 |
| 4.8 | EXCAVATION, STRIPPING AND GRADING. ...58 |
| 4.9 | PROJECTIONS OVER YARDS ...59 |
| 4.10 | GARAGES AND ACCESSORY BUILDINGS - 60 |
| 4.11 | GARAGE AND GARDEN SUITES..... ... 61 |
| 4.12 | SECONDARY SUITES... ..63 |
| 4.13 | CORNER AND DOUBLE FRONTING PARCELS. .. 63 |
| | 4.14 CORNER SIGHT TRIANGLES ... .. 64 |
| | 4.15 BUILDING DEMOLITION... ...64 |
| | 4.16 AUTOMOBILE PARKING AND LOAD REQUIREMENTS ...65 |
| | 4.17 OBJECTS PROHIBITED OR RESTRICTED IN YARDS ..71 |
| | 4.18 FENCES AND SCREENING........... ...72 |
| | 4.19 HOME OCCUPATIONS.... ...74 |
| | 4.20 BED AND BREAKFAST OPERATIONS ..76 |
| | 4.21 RECREATIONAL VEHICLES AND TEMPORARY LIVING ACCOMMODATIONS. - 76 |
| 4.22 | GENERAL SIGN REGULATIONS ...... 77 |
| 4.23 | SIGNS IN COMMERCIAL DEVELOPMENTS.. . 78 |
| 4.24 | KEEPING OF ANIMALS. . 79 |
| | 4.25 SEA CANS. ..79 |
| | 4.26 FIRE PITS. .. 79 |
| | 4.27 HOUSE NUMBERS ...80 |
| | 5.1 ESTABLISHMENT OF DISTRICTS AND LAND USES ..81 |
| | 5.2 R1 - RESIDENTIAL - SINGLE FAMILY. |
....83
| 5.3 | R2 - RESIDENTIAL - SINGLE FAMILY NARROW LOT. ..86 |
|----------------------------------------------|-----------------------------------------------------------|
| 5.4 | R3 - RESIDENTIAL - SINGLE FAMILY - SPECIAL LOT. ..89 |
| 5.5 | R4 - RESIDENTIAL - MEDIUM DENSITY - 92 |
| 5.6 | R5 - RESIDENTIAL - HIGH DENSITY .97 |
| 5.7 | RMHC - RESIDENTIAL - MANUFACTURED HOME COURT . 101 |
| 5.8 | RMHS - RESIDENTIAL - MANUFACTURED HOME SUBDIVISION ...104 |
| 5.9 | C1 - COMMERCIAL..... .. 106 |
| 5.10 | C2 - COMMERCIAL - MIXED USE. ..108 |
| | 5.11 C3 - COMMERCIAL - HIGHWAY... - 111 |
| | 5.12 M1 - LIGHT INDUSTRIAL 114 |
| | 5.13 P - PARK... ..116 |
| | 5.14 UR - URBAN RESERVE. ..118 |
| | 5.15 US - URBAN SERVICES.. ..121 |
| | 5.16 DC - DIRECT CONTROL. .... 122 |
| PART 6 - ADMINISTRATION... 124 | PART 6 - ADMINISTRATION... 124 |
| | 6.1 SCHEDULES. ..124 |
| | 6.2 REPEALING EXISTING CONTROLS.. .. 124 |
| | 6.3 DATE OF COMMENCEMENT... ..124 |
| | 6.4 SCHEDULE "A" - LAND USE BYLAW MAP .. 125 |
| INDEX OF KEY WORDS IN THE TEXT ...... .. 126 | INDEX OF KEY WORDS IN THE TEXT ...... .. 126 |
## BYLAW 258-18
## BEING A BYLAW OF THE VILLAGE OF ALBERTA BEACH IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF AMENDING LAND USE BYLAW 252-17
WHEREAS the Municipal Government Act 2000 requires a Council to adopt a land use bylaw;
AND WHEREAS a public hearing was held on July 20, 2017 for Bylaw 252-17 "The Land Use Bylaw" and The Land Use Bylaw was adopted by Council on September 19, 2017;
NOW THEREFORE it is deemed advisable to amend the Land Use Bylaw 252-17 as follows:
1. That this Bylaw 258-18 be cited as the "Cannabis Land Use Bylaw Amendment."
2. That in Part 1 (Section 1.9 - Definitions), that the following definitions be added:
"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 and its regulations, as amended from time to time and includes edible products that contain cannabis."
"Cannabis Consumption Facility - means a development, or any part thereof, licensed to sell cannabis to the public for consumption within the premises."
"Cannabis Retail Sales - means a retail store licensed by the Province of Alberta where Cannabis and Cannabis Accessories are sold to individuals who attend the premises."
- the production, cultivation and growing of cannabis;
"Cannabis Production and Distribution - means a development in a stand-alone building used principally for one or more of the following activities as it relates to cannabis:
- the processing of raw materials;
- the storage or trans-shipping of materials, goods and products; or
- the making, testing, manufacturing, assembling, destruction or in any way altering the chemical or physical properties of semi-finished or finished goods or products;
- the distribution and sale of materials, goods and products to Cannabis Retail stores.
Medical cannabis production and distribution facilities shall not include storefront retail sales."
"Education Service" - means the assembly for education, training, or instruction."
"Retail Store, Drug Paraphernalia - means a development used for the retail sale of any product, equipment, thing or material of any kind primarily used or intended to be primarily used to produce, process, package, store, inject, ingest, inhale or otherwise introduce into the human body a controlled substance as defined in the Controlled Drugs and Substances Act, R.S.C. This Land Use does not include: a licensed pharmacy under Section 5 of the Pharmacy and Drug Act, R.S.A. 2000, c. P-13; a medical practice, operated by a physician, dentist or pharmacist as defined in the Health Professions Act, R.S.A. 2000, c. H-7; or a veterinary practice, as defined in the Veterinary Profession Act, R.S.A. 2000, c. V-2."
3. That in Part 1 (Section 1.9 - Definitions), the following definitions be amended:
"Agriculture the rearing of livestock or the production of crops"; Be amended to the following:
## "Agricultural and Natural Resource Development Uses
- "1. Rural Farms - means development for the primary production of farm products such as: dairy products; poultry products; cattle, hogs, sheep and other animals; wheat o other grains; and vegetables or other field crops in rural and peri-urban areas. This does not include Cannabis Production and Distribution, unless operating pursuant to a registration certificate issued by the Federal Government for personal production or
- "2. Urban Indoor Farms - means the cultivation and harvesting of plant and/or animal products primarily within enclosed buildings for the primary purpose of wholesale or retail sales. Accessory activities may include on-site sales, composting of plants grown on-site, outdoor storage, and food packaging and processing. Typical activities include vertical farms, hydroponic systems and aquaponics systems. This use does not include Livestock Operations, Rural Farms, Recreational Acreage Farms, Urban Outdoor Agriculture, Urban Gardens, or Cannabis Production and Distribution, unless operating pursuant to a registration certificate issued by the Federal Government for personal production or designated personal production for medical cannabis."
- "3. Urban Outdoor Farms - means the cultivation and harvesting of plant and/or animal products in urban areas, primarily as an interim use on idle or under-used land for the primary purpose of wholesale or retail sales. Cultivation and harvesting may occur within unenclosed structures primarily lit by natural light and used for the extension of the growing season, such as cold frames and greenhouses. Accessory structures may include those used for the operation of the site. Accessory activities may include on-site sales, composting of plans grown on site, or outdoor storage. This use does not include Livestock Operations, Rural Farms, Urban Gardens, or Cannabis Production and Distribution, unless operating pursuant to a registration certificate issued by the Federal government for personal production or designated personal production for medical cannabis."
- "4. Urban Gardens - means the cultivation and harvesting of plant and/or animal products in urban areas for the primary purpose of beautification, education, recreation, or social or community programming. Accessory buildings or structures may include those used for the operation of the site and the extension of the growing season, such as cold frames and greenhouses. On-site sales and processing of plants or animal products are prohibited. Accessory activities may include outdoor storage or composting of plants grown on-site. Typical activities include community gardens. This use does not include Livestock Operations, Rural Farms, Recreational Acreage Farms, Urban Indoor Farms, Urban Outdoor Farms, or Cannabis Production and Distribution, unless operating pursuant to a registration certificate issued by the Federal Government for personal production or designated personal production for medical cannabis."
and erase paro and may in and be ale or er or dis or bear ase all Be amended to the following:
'Greenhouse the growing, storage and basic processing of fruits, vegetables, househok and ornamental plants, and may include the sales of their products or by-products. Thi use does not include cannabis grown for medical or recreational purposes."
"Outdoor Eating Establishment - means an establishment where a combination of food and non-alcoholic drink are normally consumed either outside or inside the confines of the establishment:"
Be amended to the following:
"Outdoor Eating Establishment - means a commercial development where food and beverages are prepared and served for consumption on-site by the public either outside or inside the confines of the establishment. This use does not include a Cannabis Consumption Facility."
"Retail Store - means where goods are offered for sale to customers, and includes artisan shops;"
"Retail Store - means where goods are offered for sale to customers, and includes artisan shops. This use does not include Cannabis Retail Sales."
Be amended to the following:
4. That in Part 3 - Section 3.7(1) - "Decision on Development Permit Applications" that the following be added:
2. "g) The Development Authority shall determine the process for submitting, receiving, determining completeness, and reviewing development permit applications for Cannabis Retail Sales and Cannabis Production and Distribution Facility."
5. That in Part 5 Land Use Districts and Regulations, that the following uses be added: Cannabis Retail Sales in the C1 - Commercial District as a Discretionary Use; Cannabis Retail Sales in the C2 - Commercial Mixed Use District as a Discretionary Use; Cannabis Retail Sales in the C3 - Commercial Highway District as a Discretionary Use; Cannabis Retail Sales in the M - Light Industrial District as a Discretionary Use; Cannabis Production and Distribution Facility in the M - Light Industrial District as a Discretionary Use; Cannabis Production and Distribution Facility in the UR - Urban Reserve District as a Discretionary Use;
6. That in Part 5 Land Use Districts and Regulations, Section 5.9.2 "C1 - Commercial District" that "Education Service" be deleted from 5.9.2 Permitted Uses and be added to 5.9.2 Discretionary Uses.
7. That in Part 5 Land Use Districts and Regulations, Section 5.10.2 "C2 - Commercial Mixed Use District" that "Education Service" be deleted from 5.10.2 Permitted Uses and be added to 5.10.2 Discretionary Uses.
8. That in Part 5 Land Use Districts and Regulations, Section 5.11.2 "C3 - Commercial Highway District" that "Education Service" be deleted from 5.11.2 Permitted Uses and be added to 5.12.2 Discretionary Uses.
9. That in Part 4 General Development Regulations, Section 4.19.3 "Home Occupations Regulations", be amended by adding: "3.19.1(q) This use does not include either a Cannabis Retail Store or a Cannabis Production and Distribution Facility."
10. That in Part 4 General Development Regulations, the following section and regulations be added:
## Section 4.28.0 "Cannabis Retail Sales"
1. Any site containing a Cannabis Retail Sales shall not be located less than 100 m from any site being used as a public or private education services or a provincial health care facility at the time of the application for the Development Permit for the Cannabis Retail Sales. For the purposes of this subsection only:
- b) the term "public or private education services" is limited to early childhood education, elementary through to high schools inclusively only, and does not include dance schools, driving schools or other commercial schools.
- a) the 100 m separation distance shall be measured from the closest point of the subject site boundary to the closest point of another site boundary, and shall not be measured from the district boundaries or from the edges of the structures;
2. Notwithstanding Section 3.7.2 "Decision on Development Permit Applications" of this Bylaw, a Development Authority shall not grant a variance to subsection Section 4.28.1a) or 4.28.1b).
3. The Development Authority may require lighting, signage, landscaping or screening measures that ensure the proposed development is compatible with adjacent or nearby residential, commercial, industrial or community services uses.
4. Prior to the issuance of a development permit, the Development Authority may conduct a site assessment, taking into account land use impacts including, but not limited to, exterior illumination, landscaping, screen, signs and access.
5. The Development Authority shall impose a condition on any development issued for Cannabis Retail Sales requiring that the development:
8. must commence within six (6) months of the date of approval of the development permit.
- a) shall not commence until authorized by and compliant with all federal or provincial legislation; and
6. For the purpose of 4.28.6(b), development commences when the Cannabis Retail Sales Use is established and/or begins operation."
11. That in Part 4 General Development Regulations, the following section and regulations be added:
Section 4.29.0 "Cannabis Production and Distribution Facility"
- "1. For the purposes of this subsection only the owner or applicant shall provide as a
2. The owner or applicant shall obtain any other approval, permit, authorization, consent or license that may be required to ensure compliance with applicable federal, provincial or municipal legislation.
3. All processes and functions of the development shall be fully enclosed within a standalone building, including but not limited to all loading spaces and docks, garbage containers, storage and waste material.
4. The development shall be a singular use and shall not be operated in conjunction with any other uses.
5. The development shall include equipment designed and intended to remove odours from the air where it is discharged form the building as part of a ventilation system.
6. The development shall be located a minimum of 100 metres away from any residential district.
7. The Development Authority may require, as a condition of development permit, a waste management plan, competed by a qualified professional that details:
- the quantity and characteristics of liquid and waste material discharged by the facility; and
- a) the incineration of waste products and airborne emissions, including odours;
- c) the method and location of collection and disposal of liquid and waste material.
8. The minimum number of parking stalls shall be based on the requirements for a single industrial use as per Section 4.16.
9. Fencing of the site shall be required, subject to the provisions of Section 4.18. Cannabis Production Facilities shall not be constructed with a zero lot line.
10. Notwithstanding the provisions of Section 4.22 "General Sign Regulations", no sign shall be displayed on the site that identifies the use.
11. The development may be subject to periodic inspections to ensure compliance with the Land Use Bylaw and the approved development permit and all other applicable Bylaws of Alberta Beach."
12. If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed and the remainder of the Bylaw is deemed to remain valid.
13. That this Bylaw shall come into force and take effect upon the date of third reading and signed in accordance with the Municipal Government Act and the earlier or later proclamation of both:
- b. Bill 26 of the Alberta Legislature.
- a. Bill C-45 of the House of Commons of Canada; and
Read a first time this the 17" day of April, 2018.
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Mayor Jim Benedict
Kathy skurchuk lathy Skwarchuk - CAC
Public Hearing held on the 19th day of June, 2018. Read a second time this 1g" day of June, 2018. Read a third time this 19t day of June, 2018.
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sadad
Mayor Jim Benedict
Kathy Skwarchuk
Kathy Skwarchuk - CAO
## 1.1 TITLE
This Bylaw may be referred to as the "Alberta Beach Land Use Bylaw."
## 1.2 SCOPE
No subdivision or development shall hereafter be carried out within the boundaries of the municipality except in conformity with the provisions of this Bylaw.
## 1,3 PURPOSE
The purpose of this Bylaw is to regulate the use and development of land and buildings within Aiberta Beach and to achieve the orderly and economic development of land, and further to:
- a) divide the municipality into districts;
- b) prescribe and regulate the use(s) for each district;
- c) establish a method of making decisions on applications for development permits including the issuing of development permits;
- d) provide the manner in which notice of the issuance of a development permit is to be given;
- e) establish a method of making decisions on applications for subdivision approval in accordance with the provisions of the Municipal Government Act and its regulations;
- 1) implement the statutory plans of Alberta Beach;
## PART 1 - GENERAL
- g) establish the Development Authority and the office of the Development Officer for Alberta Beach.
## 1.4 PREVIOUS BYLAW
No provisions of any other Bylaws with respect to districting, development control, and land use classifications shall hereafter apply to any part of the Village described in this Bylaw.
## 1.5 METRIC AND IMPERIAL MEASUREMENTS
Whenever dimensions are present or calculations are required, the metric dimensions, values or results shall be used. The imperial equivalents provided in parenthesis after each reference to metric units of measurements are approximate and intended for information only.
## 1.6 RELATIONSHIP TO THE MUNICIPAL GOVERNMENT ACT
1. This Bylaw is enacted under the Municipal Government Act, as amended. This Bylaw is intended to be read in conjunction with the Municipal Government Act, with amendments to the time of the reading. Reference should be made to the Act and its regulations with respect to definitions of terms, administrative matters, and the powers of agencies and officers referred to in this Bylaw, if these are not set out in this Bylaw.
2. The Municipal Government Act references contained in certain sections of the Bylaw are not enacted as part of this Bylaw and may be revised, as required, by the Development Officer without the adoption by Council of an amending Bylaw.
## 1.7 EFFECTIVE DATE
The effective date of this Bylaw shall be the date of the third and final reading thereof.
## 1.8 OTHER LEGISLATIVE AND BYLAW REQUIREMENTS
Nothing in this Bylaw affects the duty or obligation of a person to obtain a development permit as required in this Bylaw, or to obtain any other permit, license, or other authorization required by any Bylaw, or Act or any regulation pursuant to those Acts.
## 1.9 DEFINITIONS OR MEANINGS
In this Bylaw:
"ABUT" or "ABUTTING" - means immediately contiguous or physically touching, and, when used with respect to a lot or site, means that the lot or site physically touches upon another site or lot, and shares a property line or boundary line with it;
"ACCESSORY BUILDING" - means a building which is separate from the principal building on the parcel where both are located and which the Development Authority decides is incidental to that of the principal building, and includes garages, boathouses, fabric shelters and guest houses;
"ACCESSORY USE" - means a use of a building or land which the Development Authority decides is incidental and subordinate to the principal use of the parcel on which it is located;
"ACCESSORY BUILDING OR USE - LAKESHORE" - means an accessory building, structure or use located immediately adjacent to a lakeshore or lake tributary or within the actual water-body proper, and includes but is not limited to a boathouse, pier, dock, erosion protection, boat launch or boardwalk;
"ACT" - means MUNICIPAL GOVERNMENT ACT R.S.A. 2000, Chapter M-26, as amended, and the regulations pursuant thereto;
"ADULT ENTERTAINMENT" - means live or pre-recorded performances that are characterized as being sexual in nature and predominately involving the display or presentation of the nude human body;
"AGRICULTURE" - means the rearing of livestock or the production of crops;
"ALBERTA BEACH" - means, as the case may be, an incorporated municipality known and registered as Alberta Beach, the Council of Alberta Beach and/or any person 5) authorized by the Council of Alberta Beach to undertake activities prescribed in and associated with the Land Use Bylaw in accordance with the Land Use Bylaw or any other bylaw, resolution or adopted procedure;
"AMENITY AREA" - means an area which shall be provided subject to the regulations of this Bylaw and which must be developed for the active or passive recreation and enjoyment of the occupants of a residential development. Such area may be for either private or communal use and may be under either individual or common ownership;
"AMUSEMENT GAME MACHINE" - means coin operated machine or device which, whether mechanical, electrical or electronic, shall be ready for play by the insertion of a coin or token and may be used by the public for playing any game of skill, chance or mixed skill and chance, which is used to afford entertainment or amusement to the operator and without limiting the generality of the foregoing, shall include devices such as pinball machines or any device which utilizes a video tube or display to reproduce symbolic figures and lines intended to be representative of real games or activities;
"AMUSEMENT ARCADE" - means any building or place or part thereof containing a group of more than two amusement game machines;
"AND" - means both, does not mean and/or;
"APARTMENT" - means a building designed and built to contain three or more dwelling units with shared services from the street, shared facilities, and shared outside entrances;
- "AUTOMOBILE SERVICE CENTER" - means a development or portion of a large retail establishment used exclusively for the repair and maintenance of passenger vehicles and other single-axle vehicles and excludes the sale or other distribution of petroleum products such as gasoline, propane, diesel and other fuels;
"AREA OF COPY" - means the entire area within a single common continuous perimeter enclosing the extreme limits of the advertising message, announcement or decoration on the sign, and shall be for the purpose of area calculation square or rectangular in shape;
"AREA REDEVELOPMENT PLAN" - means a plan accepted or adopted by Council as an area redevelopment plan pursuant to Section 634 of the Municipal Government Act;
"AREA STRUCTURE PLAN" - means a plan accepted or adopted by Council as an area structure plan pursuant to Section 633 of the Municipal Government Act;
"AUCTIONEERING" - means the auctioning of goods and equipment including temporary indoor or outdoor storage and display of such goods and equipment;
"AUTO BODY SHOP" - means a building used for the purpose of structural repair of vehicles, including painting and outdoor storage;
"AUTOMOTIVE SERVICE" - means the maintenance and repair of on and off-road motorized vehicles where outdoor storage is minimal, repairs occur entirely indoors, vehicle painting is not associated with the operation and does not include auto body shop;
"BAR" - means a premise licensed for the sale and consumption of alcoholic beverages, which may include food, services and entertainment;
"BACKLOT" - means a lot which has other developable property between it and the lake, but does not include lots where the only property existing between them and the lake is a road, environmental reserve, or park reserve;
"BASEMENT" - means the portion of a development which is wholly or partially below grade, having above grade no more than 1.8 m (6.0 ft.) of its clear height lying below the finished level of the floor directly above;
"BED AND BREAKFAST OPERATION" - means a minor and ancillary/subordinate commercial use of a residence where accommodation is provided for periods of fourteen (14) days or less in three or fewer guest rooms.
"BI-LEVEL" - means a dwelling that has the main living area on one storey, but raised to such a level that the upper face of the floor is not greater than 1.8 m above grade, and not a two-storey dwelling;
"BILLBOARD SIGN" - see SIGN, BILLBOARD;
"BOARDER OR LODGER" - means an individual residing in a dwelling unit along with another individual or other individuals, who is (are) the principal occupants) of the dwelling unit and to whom the boarder or lodger is not related by blood or marriage, where accommodation and meals are provided for compensation to the principal occupants) pursuant to an agreement or arrangement;
"BOARDING OR LODGING HOME" - means a building (other than a hotel or motel) containing not more than fifteen sleeping rooms where meals or lodging for four or more persons are provided for compensation pursuant to previous arrangements or agreement;
"BOAT HOUSE" - means an accessory building designed and used primarily for the storage of boats, and which is designed in such a way as to permit the direct removal of boats from the water to the structure;
"BODY RUB CENTRE" - means a Personal Service Shop development where services are provided that involve the physical external manipulation of the soft tissues of the human body that are performed, offered or solicited for a fee in a manner that appeals to or is designed to appeal to erotic or sexual appetites or inclinations. This includes but is not limited to a body rub advertised by any means as "sensual", "sexy or by any other word or any depiction having like meaning or implication;
"BUILDING" - includes any structure, erection, stockpile, sign or fixture that may be built or placed on land;
"BUILDING HEIGHT" - means the vertical distance between grade and the highest point of a building; excluding an elevator housing, a mechanical housing, a roof stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a fire wall, a parapet wall, a flagpole or similar device not structurally essential to the building;
"BUILDING SUPPLY CENTRE" - means the sale of building materials including lumber, windows and doors, wiring, plumbing supplies and similar goods, and may include an outdoor display area and outdoor storage;
"BULK FUEL SALE AND DISTRIBUTION" - means the delivery, wholesale and retail sale of petroleum fuel including related storage facilities and vehicle parking;
"CAMPGROUND AND R.V. PARK" - means an area of land developed for the provision of short or long-term accommodation for recreational vehicles, park model homes or tents;
"CANOPY" - means a projection extending from the outside wall of a building normally for the purpose of shielding a part of the building from the sun;
"CANOPY SIGN" - see SIGN, CANOPY;
"CARPORT" - means a roofed structure used for storing or parking of not more than two private vehicles which has not less than 40% of its total perimeter open and unobstructed;
"CAR WASH" - means a building used for the purpose of washing motor vehicles;
"CEMETERY" - means land intended or used for the interment of human or animal remains, which may include memorial parks, gardens of remembrance and columbaria;
"CHATTEL" - means a moveable item of personal property;
"CLUSTER HOUSING" - means a group of dwellings, either detached or attached, located on a single parcel with shared yard and parking provisions;
"COMMERCIAL USE" - means a business through which products, services, or entertainment are available to consumers, whether the general public or other commercial establishments, and does not include manufacturing of products. Commercial use shall include animal hospitals, bed and breakfast establishments, business support services establishments, campgrounds, drive-in businesses, drive-in restaurants, eating and drinking establishments, entertainment establishments, general retail stores, health services, highway commercial uses, hotels, motels, office uses, personal service shops, recreation camps, recreational vehicle parks, and resorts;
"COMMUNITY FACILITY" - means a meeting place for the general public for social, cultural, educational or recreational activities or the sale of goods in association with a convention, tradeshow or other similar event, which may also include accommodations for employees, or students, incidental to and exclusively devoted to a main permitted use of land;
"CONTRACTOR SERVICE" - means the provision of construction, maintenance and similar services that may require on-site storage of equipment or materials;
"CONVENIENCE RETAIL STORE" - means a development used for the retail sale of goods required by the neighbourhood residents or employees or the travelling public on a day-to-day basis;
"CORNER" - means the intersection of any two property lines of a parcel;
"CORNER PARCEL" - see PARCEL, CORNER;
"COUNCIL" - means the Council of Alberta Beach;
"CREMATORIUM" - means a building, or part thereof, used for the purpose of the cremation of remains;
"CURB CUT" - means the lowering of a curb, sidewalk or boulevard to provide vehicular access to a parcel;
"DAY CARE FACILITY" - means a facility and program for the provision of care, maintenance and supervision for four or more children under the age of fifteen years, by a person other than one related by blood or marriage, for periods of more than three (3) but less than twenty-four (24) consecutive hours, other than institutions operated by or under the authority of the Director of Child Welfare;
"DAY HOME" - means a development operated from a dwelling supplying supervision to a maximum of six (6) children under the age of eleven (11) years or senior citizens, including any resident children and seniors, for periods of more than three (3) but no more than fourteen (14) consecutive hours. A day home may supply an outside recreation space that is both fenced and gated, and shall meet all fire and health regulations;
"DECK" - means a hard surfaced (usually wooden) area usually adjoining a dwelling unit; no more than 0.6 m (1.97 ft.) high above grade, for outdoor living;
"DENSITY" - means a quantitative measure of the average number of persons, families or dwelling units per unit of area;
"DESIGNATED OFFICER" - means a person authorized to exercise development authority powers on behalf of the municipality pursuant to the provision of the Municipal Government Act and this Bylaw;
"DEVELOPABLE AREA" - means an area of land suitable for a building site and containing adequate surface elevation to preclude marshland, wetland, or high water table conditions;
"DEVELOPER" - means an owner, agent or any person, firm or company required to obtain or having obtained a development permit;
"DEVELOPMENT" - means development as defined in the Act, and includes the following:
- a) the carrying out of any construction or excavation, or other operations, in, on, over or under land, or the making of any change in the use or the intensity of use of any land, buildings or premises, and, without restricting the generality of the foregoing, includes the removal of topsoil. For the purposes of this Bylaw, development also means the demolition of a building,
- b) in a building or on a parcel used for dwelling purposes, any increase in the number of dwelling units in the building or on the parcel, and any alteration or additions which provide for an increase in the number of dwelling units within the building or on the parcel,
- c) the placing of refuse or waste material on any land,
- d) the resumption of the use for which land or buildings had previously been utilized,
- e) the use of the land for the storage or repair of motor vehicles or other machinery or equipment,
- f) the continued use of land or of a building for any purpose for which it is being used unlawfully when this Bylaw comes into effect,
- g) the more frequent or intensive use of land for the parking of trailers, bunkhouses, portable dwellings, skid shacks or any other type of portable building whatsoever whether or not the same has been placed or affixed to the land in any way,
- h) the erection of signs,
- i) the recommencement of any use to which the land or buildings had been, previously put, if that use had been discontinued for a period of more than six months, and
- j) removal of top soil, trees and earth and gravel extraction from the land,
- K) the installation of any type of sewage disposal system including, but not limited to, holding tanks and outside privies,
- 1) the digging of a well or installation of a water cistern;
"DEVELOPMENT AUTHORITY" - means a Development Authority established pursuant to Section 624 of the Municipal Government Act and may include one or more of the following: a Development Officer, Municipal Planning Commission, Council, or any other person or organization that has been authorized by Bylaw to exercise development powers on behalf of the municipality;
"DEVELOPMENT OFFICER" - means the official or officials of the Municipality with the responsibility of receiving, considering and deciding on applications for development under this Land Use Bylaw;
"DEVELOPMENT PERMIT" - means a certificate or document permitting a specified development and includes, where applicable, a plan or drawing or a set of plans or drawings, specifications or other documents. This permit is separate and distinct from a building permit;
"DISCONTINUED" - means the time at which, in the opinion of the Development Officer, substantial construction activity or a non-conforming use or conforming use has ceased;
"DISCRETIONARY USE" - means a use of land or buildings provided for in the District Regulations of this Bylaw, for which a development permit may be issued with or without conditions;
"DOUBLE FRONTING PARCEL" - means a corner parcel which is not a flanking parcel, but also includes a parcel which abuts two public streets (except alleys as defined in the Highway Traffic Act, as amended), which are parallel or nearly parallel where abutting the parcel;
"DRIVE-IN BUSINESS" - means an establishment which services customers traveling in motor vehicles driven onto the parcel where such business is carried on, where normally the customer either remains in the vehicle for service, or parks his vehicle for a short period for the purpose of doing business at the premises, and includes service stations;
"DUPLEX" - means a dwelling containing two dwelling units and either sharing one common wall in the case of side-by-side units, or having the dwelling area of one located above the dwelling area of the other in the case of vertical units, each with a private entry;
"DWELLING" - means any building used principally for human habitation and which is supported on a permanent foundation extending below ground level, and includes single detached dwellings, but does not include temporary living accommodations;
"DWELLING UNIT" - means a self-contained living premise with cooking, eating, living, sleeping and/or sanitary facilities for domestic use of one or more individuals;
"EASEMENT" - means a right to use land, generally for access to other property or as a right-of-way for a public utility;
"EXCAVATION" - means any breaking of ground, except common household gardening and ground care;
"EXTENSIVE AGRICULTURE" - means a system of tillage which depends upon large areas of land for the raising of crops. Extensive agricultural uses include buildings and other structures incidental to farming;
"EXTENSIVE LIVESTOCK OPERATION" - means a farming operation involving the rearing of livestock either in conjunction with or separate from an extensive agricultural operation, where the density of animals on the subject lot is less than is required to be classified by Alberta Agriculture and Food and Rural Development as an intensive livestock operation;
"FAMILY CARE FACILITY" - means a facility which provides resident service in a private residence to six or fewer individuals who are not related to the resident household. These individuals shall be handicapped, aged, disabled, or in need of supervision, on a temporary or long-term basis, in accordance with their individual needs. This use includes the following, and such similar uses as, foster or boarding homes for children, day care centers, group homes, and family homes;
"FASCIA SIGN" - see SIGN, FASCIA;
"FENCE" - means a vertical physical barrier constructed to prevent visual intrusion, sound abatement or unauthorized access;
"FLANKING PARCEL'" - means a comer parcel on which a side boundary is abutting onto a street and where all other parcels which are within 9.1 m (30.0 ft.) of the parcel have no front boundary on the same street;
"FLOOR AREA" - means the greatest horizontal area of a building above grade within the outside surface of exterior walls or within the glass-line of exterior walls and the center-line of fire walls but not including the floor areas of basements, attached garages, sheds, open porches or breezeways;
"FOUNDATION" - means the lower portion of a building, usually concrete or masonry, and includes the footings which transfer the weight of and loads on a building to the ground;
"FOURPLEX" - means a dwelling containing four dwelling units contained within one building structure and each unit having its own bathroom, cooking facilities and service connections to the street;
"FREESTANDING SIGN" - see SIGN, FREESTANDING;
"FRONT YARD" - see YARD, FRONT;
"FRONTAGE" - means the length of a street boundary measured along the front lot line;
"FUNERAL HOME" - means the preparation of the dead for burial or cremation and the hosting of funeral services;
"GARAGE" - means an accessory building or part of the principal building, designed and used primarily for the storage of motor vehicles;
"GARAGE SUITE" - means a single storey accessory dwelling, which is located above a detached garage. A Garage Suite is accessory to a building in which the principal use is a single detached dwelling. A garage suite has cooking facilities, food preparation, sleeping and sanitary facilities which are separate from those of the principai building located on the site. A garage suite has an entrance separate from the vehicle entrance to the detached garage, either from a common indoor landing or directly from the exterior of the structure. A garage suite does not include Secondary Suites or garden suites.
"GARDEN CENTRE" - means an outdoor or indoor area used primarily for the storage, display and retail sale of plants, gardening and landscaping supplies and equipment;
"GARDEN SUITE" - means a single storey dwelling, which is located in a building separate from the principal use which is a single detached dwelling. A garden suite has cooking facilities, food preparation, sleeping and sanitary facilities which are separate from those of the principal building located on the site. This use class does not include secondary suites or garage suites.
"GAS BAR" - means the retail sale of petroleum products, incidental auto accessories and may include a convenience store;
"GRADE" - means the ground elevation established for the purpose of regulating the number of storeys and the height of a building. The building grade shall be the level adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level the grade shall be determined by averaging the elevation of the ground for each face of the building;
"GREENHOUSE" - means the indoor growing, storage and basic processing of fruits, vegetables, household and ornamental plants and may include the sale of their products or by-products;
"GROSS FLOOR AREA" - means the total area of all floors used for human occupancy within all buildings, including accessory buildings, located on any parcel;
"GROSS LEASABLE AREA" - means the total floor area of the building contained within the outside surface of the exterior and basement wall, but excludes mechanical and utility rooms, public washrooms, and stairwells;
"GROUP CARE FACILITY" - means a facility which provides resident services to seven or more individuals of whom one or more are unrelated. These individuals may be aged, disabled or are undergoing rehabilitation, and are provided services to meet their needs. This use includes supervised facilities such as group homes (all ages), halfway houses, resident schools, resident facilities and foster or boarding homes, and psychiatric care facilities. These facilities are not intended to include major institutional care facilities such as hospitals;
"GUEST HOUSE" - means an accessory building, used seasonal or part time which may contain sleeping facilities or additional facilities, and may be in addition, but is secondary to the principal dwelling. The guest house may not be rented for accommodation;
"HABITABLE ROOM" - means a room or enclosed space used or usable for human occupancy, including but not limited to kitchens, bedrooms, living rooms, family rooms and dens, excluding NON-HABITABLE ROOMS which include bathrooms, laundries, pantries, foyers, hallways, entry ways, storage areas and rooms in basements and cellars used only for recreational purposes or any space in a dwelling providing a service function and not intended primarily for human occupancy;
"HALF STOREY" - see STOREY, HALF;
"HIGH WATER MARK" - means the line that separates the Crown-owned bed and shore of a water body from the adjacent private land is called the legal bank (defined in the Surveys Act). Its location is synonymous with what is commonly known as the ordinary high-water mark. In most cases, it is a distinct line formed by the normal, long-continued action or presence of surface water along the land at the edge of the lake (not affected by occasional periods of drought or flooding). For Lac Ste. Anne the HIGH WATER MARK elevation is 723.8 m ASL.
"HOME OCCUPATION" - means a secondary use of a dwelling or an accessory building by a resident of the dwelling for a business that involves direct retail sales or the provision of services from the property;
"HOME OFFICE" - means a "HOME OCCUPATION" where the following are adhered to:
- a) No individual other than the permanent resident of the dwelling unit operates the home office;
- b) No client or customer is received in the dwelling unit for business purposes;
- c) The home office does not generate any pedestrian or vehicular traffic;
- d) There are no on-site exterior signs or advertisements of the home office;
- e) No materials, goods or finished products for business purposes are stored onsite; and
- f) The home office is operated as an accessory use only and must not change the residential character or external appearance of the dwelling unit;
"HOTEL" - means four or more rooms that provide temporary sleeping accommodations to the traveling public where access to the rooms is provided by a common interior corridor;
"INDOOR EATING ESTABLISHMENT" - means an establishment where a combination of food and non-alcoholic drink are intended to be consumed within the confines of the establishment;
"INDUSTRIAL, LIGHT" - means the manufacturing, processing, assembling, cleaning, repairing, servicing, testing, storage, warehousing, distribution or transshipment of materials, finished goods, products or equipment, which does not include artisan shop but may include an accessory use like storage, display, sale and technical or administrative support areas where there are no or minimal impacts to adjacent lots;
"INTERIOR PARCEL" - see PARCEL, INTERIOR;
"KENNEL" - means the grooming, breeding, boarding, training, selling or combination thereof, of household pets;
"LAKEFRONT DWELLING" - means dwellings whose properties extend to the lakeshore or that are only separated from the lakeshore by a road, municipal reserve, or environmental reserve;
"LANDSCAPING" - means to preserve or change the natural features of a parcel by adding lawns, trees, shrubs, ornamental plantings, fencing, walks, driveways or other structures and materials as used in modern landscape architecture;
"LANDSCAPING SUPPLY" - means the sale of landscaping materials such as soil, gravel, stones, mulch, sod, other similar materials and includes an outdoor display and storage area;
"LANE" - means a public thoroughfare for vehicles, the right-of-way of which does not exceed 10.0 m (32.8 ft.) in width and is not less than 6.0 m (19.7 ft.) wide, and which provides a secondary means of access to a parcel or parcels, or as defined as an alley in the Highway Traffic Act;
"LIVESTOCK" - means cattle, swine, poultry, sheep, goats, horses, game, and similar animals;
"LIVING ROOM" - means any room in a dwelling unit used primarily for the social activities of the occupants and which is designed for general living whether or not combined with specific activities such as dining, food preparation or sleeping;
"LOADING SPACE" - means an off-street space on the same parcel as a building or group of buildings, for the temporary parking of a commercial vehicle while commodities are being loaded or unloaded;
"LOT" - means a parcel of land, the boundaries of which are separately described in a certificate of title, which may or may not be shown on a registered plan of subdivision;
"LOT - LAKEFRONT" - means those lots that extend to the lakeshore, are adjacent to the lakeshore, or would be if not separated from the lakeshore by roads, municipal reserves or environmental reserves. Excludes any existing park or reserve land, public roadways or public utility lots;
"MAIN BUILDING" - see PRINCIPAL BUILDING;
"MAJOR" - means where added as a prefix to a permitted or discretionary use, a use which due to its nature or relatively large size will, at the discretion of the Development Authority, have a large impact on surrounding uses, or which is intended to serve a larger area;
"MAJOR EATING OR DRINKING ESTABLISHMENT - means development where prepared food and beverages are offered for sale to the public from establishments which are characterized by one or more of the following features: the provision of theatre, dancing or cabaret entertainment; facilities primarily intended for the on premise catering of food to large groups; and, facilities primarily intended for the provision and consumption of alcoholic beverages which have a seating capacity for 100 or more persons. Typical uses include beverage rooms, cocktail lounges, cabarets, nightclubs, theatre restaurants and banquet facilities
"MANUFACTURED HOME" - means a dwelling which is constructed with a chassis or related assembly that allows for the permanent or temporary attachment of a hitch and assembly to enable relocation of the dwelling. A manufactured home may be a single structure (single wide) or two parts which when put together (double wide) comprises a complete dwelling. Manufactured homes do not include stick built dwellings, modular homes, mobile homes, or temporary living accommodation. Under this Bylaw, a manufactured home features the following design standards;
- a) a minimum roof pitch of 5.0 cm (2.0 in.) of vertical rise for every 30.5 cm (12.0 in.) of horizontal run (2.0:12.0 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 30.5 cm (1 ft.) from the primary surface of each façade;
- d) have a minimum length width (or width length) ratio of 2.0:1.0;
- e) meets the National Building Code of Canada CAN/CSA A277 standard; and
- f) constructed after January 1, 1996;
"MANUFACTURED HOME PARK" - means the land used or occupied for the purposes of providing space for the accommodation of more than one manufactured home along with accessory uses, which may include an office, storage, infrastructure and small scale commercial operations, all designed to primarily service residents of the manufactured home park;
"MAY" - is an operative word meaning a choice is available, with no particular direction or guidance intended;
"MEDICAL CLINIC" - means a development used for the provision of publicly owned or privately owned physical and mental health services on an outpatient basis;
"MINI STORAGE" - means a development that provides walk-in sized cubicles for public rent or ownership in the form of a condominium, for the storage of goods;
"MINOR" - means where added as a prefix to a permitted or discretionary use, a use which due to its nature or relatively small size will, at the discretion of the Development Authority, have a limited impact on surrounding uses, or which is intended to serve a small or local rather than a major or municipal area;
"MINOR EATING OR DRINKING ESTABLISHMENT" - means development where prepared food and beverages (both non-alcoholic and alcoholic) are offered for sale to the public, for consumption within the premises. This use class includes neighbourhood pubs, licensed restaurants, cafes, delicatessens, tea rooms, lunch rooms;
"MOBILE HOME" - means a dwelling which was constructed prior to January 1, 1996, does not meet the National Building Code of Canada CAN/CSA A277 standard, with a chassis or related assembly that allows for the permanent or temporary attachment of a hitch and wheel assembly to enable relocation of the dwelling. A mobile home does not include a modular home, manufactured home, temporary living accommodation or single detached dwelling as described in this Bylaw. A mobile home may be a single structure (single wide) or two parts which when put together (double wide) comprises a complete dwelling;
"MANUFACTURED HOME LOT" - means the space allotted for the installation of one (1) manufactured home in any manufactured home park or manufactured home subdivision;
"MODULAR HOME" - means a dwelling which is prefabricated or factory built and which is assembled on the parcel in sections, but such sections have neither chassis, nor running gear or its own wheels, and the sections may be stacked side by side or vertically. Furthermore, Modular Home means a dwelling which has a length to width (or width to length) ratio of no greater than 2.0:1.0. This rule shall not apply to those portions of a dwelling which are deemed by the development authority to be neither deck nor attached garage. A modular home does not include a single detached dwelling, manufactured home, temporary living accommodation, or mobile home;
"MOTEL" - means four or more rooms that provide temporary sleeping accommodations to the traveling public where access to the rooms is provided through separate exterior entrances;
"MULTI-FAMILY DWELLING" - means a dwelling containing more than four dwelling units;
"MUNICIPAL DEVELOPMENT PLAN" - means a plan adopted by Bylaw as a Municipal Development Plan pursuant to Section 632 of the Municipal Government Act;
"MUNICIPALITY" - means Alberta Beach;
"MUST"' - is an operative word, which means, similarly to the word shall, that an action is imperative or mandatory;
"NON-CONFORMING BUILDING" - means a building:
- a) that is lawfully constructed or lawfully under construction at the date a Land Use Bylaw or any amendment thereof affecting the building or land on which the building is situated becomes effective, and
- b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or when constructed will not, comply with the Land Use Bylaw;
"NON-CONFORMING USE" - means a lawful specific use:
- a) being made of land or a building or intended to be made of a building lawfully under construction, at the date the Land Use Bylaw or any amendment thereof affecting the land or building becomes effective, and
- b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or in the case of a building under construction, will not comply with the Land Use Bylaw;
"NUISANCE" - means any act or deed, or omission, or thing, which is or could reasonably be expected to be annoying, troublesome, destructive, harmful, inconvenient, or injurious to another person and/or their property; or anything troublesome or bothersome to other people for which complaints are received either by the Municipality's office or the Royal Canadian Mounted Police, whether or not such act or deed or omission or thing constitutes nuisance at common law;
"OCCUPANCY" - means the use or intended use of a building or part thereof for the shelter or support of persons or property;
"OFF-SITE SIGN" - see SIGN, OFF-SITE;
"OFF-STREET PARKING" - means an off-street facility for the parking of three or more venicles;
"OFFICE" - means a place for commercial, professional, or bureaucratic work and includes health or medical clinics;
"ON-PARCEL SEWAGE DISPOSAL SYSTEM" - means a method of treating effluent recognized by Alberta Labour and/or Alberta Environment involving the containment of sewage effluent in an impermeable holding tank for transfer to a central depot for decomposition or the actual primary or secondary treatment of sewage effluent on the parcel of its origin and may include a septic tank, holding tank or evapo-transpiration mound system but does not include pit style privies.
"OUTDOOR EATING ESTABLISHMENT" - means an establishment where a combination of food and non-alcoholic drink are normally consumed either outside or inside the confines of the establishment;
"OUTDOOR STORAGE" - means the storage of equipment, materials, goods, motor vehicles or products in an outdoor area;
"PARAPET WALL" - means that part of an exterior, party wall or fire wall extending above the roof line or a wall which serves as a guard at the edge of a balcony or roof;
"PARCEL" - means the aggregate of the one or more areas of land described in a certificate of title or described in a certificate of title by reference to a plan filed or registered in a land titles office;
"PARCEL AREA" - means the total area of a parcel;
"PARCEL, CORNER" - means a parcel at the intersection of two abutting streets;
"PARCEL COVERAGE" - means the combined area, measured at 1.0 m (3.0 ft.) above grade, of all buildings on a parcel excluding all features which would be permitted under this Bylaw as projections into required yards;
"PARCEL DEPTH" - means the average distance between the front and rear property lines;
"PARCEL, INTERIOR" - means a parcel which is bounded by only one street;
"PARCEL, LAKEFRONT" - see LOT, LAKEFRONT;
"PARCEL WIDTH" - means the distance between the side property lines of a parcel at the minimum permissible front yard, measured parallel to the road or to the tangent on a curved road;
"PARK" - means a parcel of land designated for public use as municipal reserve land or by Resolution or Bylaw of Council;
"PARK MODEL HOME" - means a Recreational Vehicle built on a single chassis with wheels meeting the national building standards code CSA Z241. A Park Model Home can be up to 50.0 m2 (538.0 ft2) in floor area or less.
"PARKING FACILITY" - means the area set aside for the storage and parking of vehicles and includes parking stalls, loading spaces, aisles, entrances and exits to the area, and traffic islands where they are part of the parking facility;
"PARKING STALL" - means a space set aside for the parking of one vehicle;
"PERMITTED USE" - means the use of land or a building provided for in this Bylaw for which a development permit shall be issued, with or without conditions, upon an application having been made which conforms to the Land Use Bylaw;
"PERSONAL SERVICE' - means a service that is related to the care and appearance of the body, or the cleaning and repair of personal effects, but not including a health or medical clinic;
"PET GROOMING" - means the hygienic and cosmetic care of pets;
"PLACES OF WORSHIP" - means development owned by a religious organization used for worship and related religious, philanthropic, or social activities including rectories, manses, classrooms, dormitories and accessory buildings. Typical uses include churches, chapels, mosques, temples, synagogues, parish halls, convents and monasteries;
"PLANTING" - see LANDSCAPING;
"PREFABRICATED STRUCTURE" - means a large structure consisting of factorybuilt components that is assembled on-site, which is used to shelter and store goods and equipment but not used for human habitation, such as a Quonset;
"PRINCIPAL BUILDING" - means a building which, in the opinion of the Development Authority,
- a) occupies the major or central portion of a parcel,
- b) is the chief or main building among one or more buildings on the parcel, or
- c) constitutes by reason of its use the primary purpose for which the parcel is used;
3. "PRINCIPAL USE" - means the primary purpose, in the opinion of the Development Authority, for which a building or parcel is used. There shall be no more than one principal use on each parcel unless specifically permitted otherwise in the Bylaw;
"PRIVATE CLUB OR LODGE" - means a development used for the meeting, social or recreational activities of members of non-profit, philanthropic, social service, athletic business or fraternal organizations, and does not include any on parcel residence;
"PRIVATE LIQUOR OUTLET" - means a development where alcoholic beverages are offered to the public for retail sale and consumption off premises;
"PRIVY" - means an indoor and/or outdoor toilet facility and/or outhouse;
## "PROFESSIONAL, FINANCIAL, OFFICE, AND BUSINESS SUPPORT SERVICES
- means development primarily used for the provision of professional, management, administrative, consulting, and financial services. Typical uses include the following and similar uses as offices of lawyers, accountants, engineers, planners, doctors and architects; offices for real estate and insurance firms; clerical, secretarial, employment, telephone answering, and similar office support services; banks, credit unions, loan offices and similar financial uses; and printing establishments, film processing establishments, janitorial firms and business equipment repair shops;
"PROJECTING SIGN" - see SIGN, PROJECTING;
"PUBLIC PARK" - means an active or passive public recreation area together with any accessory buildings or uses complimentary to the said recreational purpose;
"PUBLIC USES" - means a building, structure or lot used for public services by the Municipality, by any Department, Commission or Agency of any other Municipal Corporation or Government of Alberta or Canada, or by any Railway Company or Utility;
"PUBLIC UTILITY" - means the right of way for one or more of the following: sanitary and storm water sewerage, telecommunications systems, water works systems, irrigation systems, systems for the distribution of gas, whether natural or artificial, systems for the distribution of artificial light or electric power and heating systems;
"PUBLIC UTILITY BUILDING" means a building to house a public utility, its office or equipment;
"QUASI-PUBLIC USE - means a development which is used for the meeting, social or recreational activities of its members, which may or may not include the general public. Typical quasi-public uses include private schools excluding commercial schools, indoor and outdoor recreational facilities, hospitals, lodges or clubs, cemeteries, galleries, museums, churches or places of worship, and libraries;
"REAL PROPERTY REPORT" - means a codified standard report adopted by the Alberta Land Surveyor's Association which contains pertinent information on a parcel of land and the development which exists on the property;
"REAR YARD" - see YARD, REAR;
"RECREATION FACILITY" - means land or building, either indoors or outdoors, used for a sport, leisure or active recreation activity, including any accessory community uses, and may provide spectator facilities;
"RECREATIONAL USE" means a development providing for commercial or noncommercial leisure activities located to take advantage of the natural setting, without restricting the generality of the foregoing, this shall include:
- a) non-facility oriented recreational activities such as hiking, cross country skiing, rustic camping, and other similar uses, and
- b) means an active or passive recreational use and any facility or building required to carry out said activity;
"RECREATIONAL VEHICLE STORAGE" - means the storage of more than one recreational vehicle including but not limited to motor homes, travel trailers, fifth wheels, truck campers, tent trailers or similar vehicles on a single property;
"RECYCLING DEPOT" - means the buying, collecting and temporary storage of recyclable materials, which does not include construction and demolition materials;
"REGISTER OWNER" - means:
- a) in the case of land owned by the Crown in right of Alberta or the Crown in the right of Canada, the Minister of the Crown having the administration of the land, or
- b) in the case of any other land,
- (i) the purchaser of the fee simple estate in the land under an agreement for sale that is the subject of a caveat registered against the certificate of title in the land and any assignee of the purchaser's interest that is the subject of a caveat registered against the certificate of title, or
- (ii) in the absence of a person described in paragraph (b)(i) above, the person registered under the Land Titles Act as the owner of the fee simple estate in the land
"REPAIR SERVICE" - means the repair of goods, equipment and appliances excluding motorized vehicles, industrial equipment and other similar equipment;
"RESIDENTIAL SALES CENTRE" - means a temporary or permanent building or structure for the display, marketing and selling of residential lands or buildings, which includes show homes;
"RESTAURANT" means a facility for the primary operation of a full service, sit down, eating establishment but excludes the operation of a purely drinking establishment, bar, lounge, pool hall, casino, video lottery terminals and private liquor outlet;
"RETAIL STORE" - means where goods are offered for sale to customers, and includes artisan shops;
"ROOF SIGN" - see SIGN, ROOF;
"ROW HOUSING" - means a group of three or more dwelling units having a common wall or structural feature, with each unit having direct access to the outside grade, but shall not mean an apartment;
"SEA CAN" - means a large container designed to store goods, commonly made of metal and used for transport;
"SECONDARY SUITE" - means a development consisting of a Dwelling located within, and accessory to, a structure in which the Principal Use is a Single Detached Dwelling; the second storey of a detached garage; or an accessory building or structure. A Secondary Suite has cooking facilities, food preparation, sleeping and sanitary facilities which are physically separate from those of the Principal Dwelling within the structure. A Secondary Suite also has an entrance separate from the entrance to the Principal Building, either from a common indoor landing or directly from the side or rear of the structure. This use class includes the Development or conversion of basement space or above-grade space to a separate Dwelling, or the addition of new floor space for a Secondary Suite to an existing Single Detached Dwelling. This use class does not include garage suite or garden suite.
"SEPARATION SPACE" - means the horizontal open space provided around a dwelling to ensure no conflict of visibility from dwellings and adequate light, air and privacy, for activities undertaken within the dwelling. Unless otherwise specified in this Bylaw, a separation space may be partially or entirely outside the parcel boundaries of a dwelling unit;
"SERVICE STATION" - means a parcel or the portion thereof used or intended to be used for any of the following: the servicing or repairing of motor vehicles, the sale of gasoline, the sale of lubricating oils and other automotive fluids, accessories for motor vehicles, and a towing service dispatch point;
"SETBACK" - means the minimum horizontal distance between the parcel boundary and the nearest point on the exterior wall or chimney of the building, or another part of the building if specified elsewhere in this Bylaw;
"SEWAGE COLLECTION SYSTEM" - means a privately or publicly owned system for treating sewage effluent, recognized by Alberta Environment, consisting of either a communal or an on-site sewage collection system;
"SEWAGE COLLECTION SYSTEM - COMMUNAL" - means a sewerage project for sewage disposal (as defined under Safety Codes Act) which involves the transfer of effluent from its place of origin, such as an On-Site Sewage Collection System, to a central holding area, such as a lagoon, where primary and secondary treatment can occur;
"SEWAGE COLLECTION SYSTEM - ON SITE" - means a method of sewage collection, and treatment recognized under the Safety Codes Act. Sewage containment systems may include impermeable holding tanks for transfer to a communal sewage collection system, septic fields, and evaporation mounds, but does not include any form of outhouse or privy that is not capable of accommodating grey water waste;
"SHALL" - is an operative word which means the action is obligatory;
"SHOULD" - is an operative word which means that, in order to achieve local goals and objectives it is strongly advised that the action be taken. Exceptions shall be made only under extenuating circumstances;
"SHOPPING CENTRE" - means one or more architecturally unified buildings which contain retail and personal service establishments located on a parcel planned and developed as a single development and characterized by the sharing of common parking areas and driveways;
"SHORT FORM" - means an abbreviation;
"SHOW HOME" - means a permanent dwelling which is constructed for the temporary purpose of illustrating to the public the type or character of a dwelling or dwellings to be constructed in other parts of a subdivision or development area. Show homes may contain offices for the sale of other lots or dwellings in the area;
"SIDE YARD" - see YARD, SIDE;
"SIGHT TRIANGLE" - means that triangle formed by a straight line drawn between two points on the exterior boundaries of the said parcel 9.14 metres from the point where they intersect;
"SIGN" - means an object or device intended for the purpose of advertising or calling attention to any person, matter, thing or event, the specifications, design and location of which must first be approved by the Development Authority;
"SIGN, CANOPY" - means a sign which is part of or attached to the outside edge of a canopy;
"SIGN, FREESTANDING" - means a sign supported by one or more uprights, braces or pylons, and which stands independently of buildings;
"SIGN, OFF-SITE" - means a sign that advertises goods, products, services or facilities, or directs persons to a different location from where the sign is located. Such a sign is not located on the parcel of the goods, products, services or facilities advertised;
"SIGN, PROJECTING" - means a sign which is affixed to any building or part thereof and extends beyond the building wall or parts thereof by more than 0.3 m (1.0 ft.). This does not include a sign attached to the ground;
"SIGN, ROOF" - means any sign erected upon, against or directly above a roof or on top of or above the parapet wall of a building;
"SIGN, UNDER-CANOPY" - means a sign which is attached to the bottom face of a canopy;
"SIGN, WALL" - means a sign that is attached to or placed flat against the exterior wall or surface of any building, no portion of which projects more than 1.0 m (3.3 ft.) from the wall, and which does not project above the roof or parapet;
"SINGLE DETACHED DWELLING" - means a complete building intended to be used as a permanent residence not separated from direct access to the outside by another separate or self-contained portion of a building and has a length to width (or width to length) ratio of no more than 2.0:1.0. Does not include a mobile home, manufactured home, or modular home as defined under this Bylaw;
"SITE" - means or refers to one or more lots or parcels for which an application for a development permit has been made, and may include streets, lanes, walkways and any other land surface upon which development is proposed;
"SOLAR ENERGY COLLECTION SYSTEM" - means a system of one or more buildings or appurtenances to buildings designed to convert solar energy into mechanical or electrical energy and includes solar array, solar panels, free standing, ground and roof mounted;
"SPLIT LEVEL" - means a dwelling that has three separate living areas, each separated from the next by one half-store;
"STATUTORY PLAN" - means a municipal plan, area structure plan or area redevelopment plan pursuant to the Municipal Government Act;
"STOREY" - means the habitable space between the upper face of one floor and the next above it. The upper limit of the top storey shall be the ceiling above the topmost floor. A basement or cellar shall be considered a storey in calculating the height of a building if the upper face of the floor above it is more than 1.8 m (5.9 ft.) above grade;
"STOREY, HALF" - means that part of any building wholly or partly within the framing of the roof, where the habitable floor area is not more than 70% of the ground floor;
"STREET" - means a right-of-way no less than 10.0 m (32.8 ft.) in width for a public thoroughfare and designed for the use of vehicular or pedestrian traffic, but does not include a lane or as defined as a street in the Highway Traffic Act;
"STRUCTURE" - means anything constructed or erected on the ground, or attached to something on the ground, and includes all buildings;
"SUBDIVISION AND DEVELOPMENT APPEAL BOARD" - means a subdivision and development appeal board appointed pursuant to the Municipal Government Act;
"SUBDIVISION AUTHORITY" - means a subdivision authority established pursuant to Section 623 of the Municipal Government Act. The Council has been authorized by this Bylaw to exercise subdivision authority powers on behalf of the municipality;
"SUBDIVISION OFFICER" means a person authorized to accept, process, and endorse subdivisions on behalf of the subdivision authority pursuant to the provisions of the Municipal Government act;
"SURVEILLANCE SUITE" - means a Recreational Vehicle, Park Model Home, Modular Home or Single Detached Dwelling, as defined in this Bylaw, used as accommodations in conjunction with the Principal Use upon the Lot;
"TEMPORARY BUILDING" - means a structure that has been permitted to exist for a limited time only;
"TEMPORARY LIVING ACCOMMODATION" - means any recreational vehicle, (holiday trailer, motor home, camper or tent trailer) situated on a residential lot, but does not include a Park Model Home;
"THEATRE" - means the showing of films on screens, or the presentation of live entertainment;
"TRAFFIC ISLAND" - means an area or space officially set aside within a street lane or parking lot as prohibited for use by motor vehicles and which is marked or indicated by construction as to be plainiy visible at ail times;
"TRIPLEX" - means a dwelling containing three dwelling units;
"USE" - means a use of land or a building as determined by the Development Officer and / or Council;
"UTILITY"' - means the components of a sewage, storm water or solid waste disposal system, or a telecommunication, electrical power, water, gas or oil distribution system;
"UTILITY BUILDING" - means a building in which the proprietor of a utility company maintains his office or offices and/or maintains or houses any equipment used in connection with the utility;
"VETERINARY CLINIC" - means a facility to provide health services to animals;
"WAREHOUSING" - means the indoor storage of equipment or goods;
"WATER DISTRIBUTION SYSTEM" - means a waterworks system (as defined in the Plumbing and Drainage Act) that serves two or more dwelling units which is registered by title only, on all titles involved;
"YARD" - means a required open space unoccupied and unobstructed by any structure or portion of a structure above the general ground level of the graded lot, unless otherwise permitted in this Bylaw;
"YARD, FRONT" - means that portion of the parcel extending across the full width of the parcel from the front property boundary line of the parcel to the front wall of the main building. In the case of lake front lots, the front yard is the area between the lake shore property line (or, if the front property line is not a fixed point, the standard mean high water mark as defined by Alberta Environment and Sustainable Resource Development) and the wall of the main building facing the lake;
"YARD, REAR" - means that portion of the parcel extending across the full width of the parcel from the rear property boundary of the parcel to the exterior wall of the building;
"YARD, SIDE" - means that portion of the parcel extending from the front yard to the rear yard and lying between the side property boundary of the parcel and the nearest portion of the exterior wall of the building.
"ZERO SIDE YARD - means a case in which a development is permitted to be built on the side parcel line, with no required side yard setback on the side to which the development is located.
All other words and expressions have the meanings respectively assigned to them in the Municipal Government Act.
## PART 2 - ESTABLISHMENT OF DEVELOPMENT CONTROL AGENCIES
## 2.1/ ESTABLISHMENT OF DEVELOPMENT AUTHORITY
1. The Development Authority for Alberta Beach is established under this Bylaw pursuant to Section 624 of the Municipal Government Act.
2. The Development Authority for Alberta Beach is:
- a) the person(s) appointed by resolution of Council as Development Officer pursuant to this Bylaw,
- b) the Municipal Planning Commission established by Bylaw pursuant to the Municipal Government Act, and
- c) the Council for Alberta Beach in matters related to Direct Control Districts.
3. The office of the Development Officer is established through this Bylaw and shall be filied by person(s) employed, or contracted, by Alberta Beach.
4. The Development Authority shall be carried out in accordance to powers and duties described in the Municipal Government Act, regulations established under the Act, and this Bylaw, as amended from time to time.
5. For the purpose of the Development Authority, the Development Officer is hereby declared to be an authorized person of Alberta Beach.
6. The Development Officer shall perform such duties that are specified under this Bylaw.
7. The Development Officer shall keep and maintain for the inspection of the public during all reasonable hours, a copy of this Bylaw and all amendments thereto; keep a register or all applications for development, including the decisions thereon and the reasons therefore.
8. For the purposes of right of entry, the Development Officer is hereby declared an authorized person of Council.
9. For the purposes of Section 542 of the Act, the Development Officer is hereby designated as authorized by the Municipality to discharge the relevant powers and functions.
## 2.2 ESTABLISHMENT OF MUNICIPAL PLANNING COMMISSION
The Municipal Planning Commission is established by a separate Municipal Planning Commission Bylaw of Alberta Beach, as amended.
The Municipal Planning Commission shall perform such duties as are specified in this Bylaw and as are specified in the Municipal Planning Commission Bylaw.
## 2.3 ESTABLISHMENT OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD
1. The Subdivision and Development Appeal Board for Alberta Beach, as established through Alberta Beach Subdivision and Development Appeal Board Bylaw, as amended, shall perform the duties and functions as described in the Bylaw and the Act.
2. The Subdivision and Development Appeal Board shall review all appeal applications within its jurisdiction for development appeal, stop order appeal, and subdivision application appeal.
## 2.4 AMENDMENT OF THE LAND USE BYLAW
1. The Council on its own initiative may give first reading to a bylaw to amend this Land Use Bylaw.
2. A person may make application to the Development Officer for amendment to this Land Use Bylaw. The application shall include:
- a) a statement of the specific amendment requested;
- b) the purpose and reason for the application;
- c) if the application is for a change of district, the legal description of the lands, or a plan showing the location and dimensions of the lands;
- d) the applicant's interest in the lands;
- e) an application fee, including the cost of advertising for the public hearing to be determined by resolution of Council; and
- f) such other information as the Development Officer or Council deems necessary to assess the motive of the application.
3. Upon receipt of a completed application along with all information required to process the application for amendment to this Land Use Bylaw, the Development Officer shall determine when the application will be placed before the Council and shall issue not less than ten (10) days' notice to the applicant advising that he may appear before Council at that time, and speak to the application. The Development Officer shall place an application for amendment before the council within sixty (60) days of its receipt.
4. The Council, in considering an application for an amendment to this Land Use Bylaw, may at its sole discretion:
- a) refer the application for further information; or
- b) pass first reading to a bylaw to amend this Land Use Bylaw, with or without modifications; or
- c) pass first reading of an alternate amendment to this Land Use Bylaw.
5. Following first reading to an amending bylaw, Council shall:
- a) establish the date, time and place for a public hearing on the proposed bylaw;
- b) outline the procedure to be followed by anyone wishing to be heard at the public hearing; and
- c) outline the procedure by which the public hearing will be conducted.
6. Following passage of the first reading to an amending bylaw, the Development Officer shall issue notice of the public hearing:
- a) by publication in two issues of a newspaper circulating in the area, the publication date of the second issue being not less than five (5) days preceding the date of the hearing; and
- b) by mailing notice no less than ten (10) days preceding the date of the hearing to:
3. (i) the applicant, and
4. (ii) to the registered owner of the lands, if not the applicant, and the owners of adjacent lands within 50.0 m (164.0 ft.) of the subject property.
7. The notice of the public hearing shall provide the following information:
- a) the purpose of the proposed bylaw;
- b) the date, time and place of the public hearing;
- c) that the proposed bylaw and any public documents applicable to the proposed bylaw may be inspected at the Village Office at all reasonable times;
- d) the procedure for the public hearing.
8. Prior to the public hearing, the Development Officer may forward a copy of the proposed bylaw to any Agency or organization the Village determines may have an interest in the proposed amendment.
9. At the public hearing, Council shall hear:
- a) any person or group of persons acting on his or their behalf, who:
13. (i) has complied with the procedures outlined by Council, and
14. (i) claims to be affected by the proposed bylaw; and
- b) any other person who wishes to make representations and whom Council agrees to hear.
10. Council after considering:
- a) any representations made at the public hearing; and
- b) the Municipal Development Plan, any other Statutory Plan affecting the subject property, and the provisions of the Land Use Bylaw;
may
- (i) make such amendments or changes as it considers necessary to the proposed bylaw, if any, and proceed to pass the proposed bylaw; or
- (ii) defeat the proposed bylaw.
11. Prior to third reading of the proposed bylaw, Council may require the applicant to apply for a development permit and/or negotiate a development agreement in respect of the proposal which initiated the application for amendment.
12. After third reading of the proposed bylaw, the Development Officer shall send a copy of it to:
- a) The applicant; and
- b) The registered owner of the land if different from the applicant.
## 2.5 SECTIONS FOUND TO BE INVALID
If one or more provisions of this Land Use Bylaw are for any reason declared to be invalid, all remaining provisions are to remain in full force and in effect.
## 2.6 FORMS
For the purpose of administrating the provisions of this Land Use Bylaw, Council shall, by resolution, authorize the preparation and use of such forms and notices as it deems necessary.
## PART 3 - DEVELOPMENT PERMITS
## 3.1 CONTROL OF DEVELOPMENT
No development other than that designated in Section 3.2 of this Bylaw shall be undertaken within the municipality unless an application for it has been approved and a development permit has been issued.
## 3.2 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
All development undertaken in the municipality requires an approved development permit prior to commencement, except the following provided the development conforms to all other provisions of this Bylaw:
- a) the carrying out of works of improvement, maintenance or renovation to any building provided that such works do not include structural alterations or additions;
- b) the completion of any development which has lawfully commenced before the passage of this Land Use Bylaw or any amendment thereof, provided that the development is completed in accordance with the terms of any permit granted in respect of it, and provided that the development is completed within the time limit of such a permit or within twelve (12) months of the effective date of the Bylaw, whichever is earlier;
- c) the use of any such development as is referred to in subsection (b) for the purpose for which development was commenced;
- d) the erection or construction of gates, fences, walls or other means of enclosure less than 1.0 m. (3.3 ft.) in height in front yards and less than 2.0 m (6.6 ft.) in other yards, and the maintenance or improvements of any gates, fences or walls or other means of enclosure. No electrical or barbed wire fences shall be permitted within the corporate boundaries of the Village, except within the UR - Urban Reserve District;
- e) the erection or placement of a temporary building, the sole purpose of which is incidental to the erection of a building for which a development permit has been granted, provided the temporary building is removed within thirty (30) days of substantial completion or as determined by the development officer;
- f) the completion, alteration, maintenance or repair of a street, lane or utility undertaken upon a public thoroughfare or utility easement, or undertaken to connect the same with any lawful use of buildings or land;
- 9) any development carried out by or on behalf of the Crown but not including that carried out by or on behalf of a Crown corporation;
- h) any development carried out by or on behalf of the municipality provided that such development complies with all applicable provisions of this Land Use Bylaw;
- i) a portable garden or tool shed not on a fixed foundation on a residential parcel, such building not to exceed 9.3 m2 (100.1 ft2) in floor area and 2.5 m (8.2 ft.) in height;
- j) a fabric shelter with a floor area not to exceed 18.6 m2 (200.0 ft?) and 2.5 m (8.2 ft.) in height;
- k) a maximum of one (1) recreational vehicle, holiday trailer, motor home, camper or tent trailer, situated on a residential parcel developed with a Single Detached Dwelling or Modular Home, and is located within a required parking stall or on the site in a manner satisfactory to the Development Authority, provided that it is occupied for no longer than seventy-two (72) hours total within a thirty (30) day period, or extended periods as authorized by the Development Authority;
- 1) development exempted from requiring a development permit under the Municipal Government Act;
- m) signs posted or exhibited in a building;
- n) signs posted or exhibited in or on an operating motor vehicle if the vehicle is not temporarily or permanently parked solely for the purpose of displaying the sign;
- o) a statutory or official notice of a function of Alberta Beach;
- p) traffic signs authorized by Alberta Beach and/or Alberta Provincial authorities;
- a) a sign or signs posted or exhibited solely for the identification of the land or building on which it is displayed, or to give directions to visitors, including professional, corporate or trade name plates identifying the occupants, if the sign(s) does not exceed 0.19 m2 (2.0 ft2) in area, subject to all other orders, bylaws and regulations affecting such signs;
- r) the erection of a maximum of two on-site signs relating to the sale, lease or rental of the buildings, or land to which they are attached provided that:
6. (i) such signs for any single detached dwelling or single detached dwelling parcel does not exceed 0.56 m2 (6.0 ftz) in area, and
7. (ii) such signs for a multiple dwelling parcel, a commercial parcel does not exceed 3.0 m2 (32.0 ft2); and
8. (iii) such sign shall not be illuminated;
- s) campaign signs for federal, provincial, municipal or school board elections on private properties for no more than thirty (30) days, or such other time as regulated under provincial or federal legislation provided that:
10. (i) such signs are removed within fourteen (14) days after the election date, and
11. (ii) the consent of the property owner or occupant is obtained; and
12. (iii) the such signs do not obstruct or impair vision or traffic, and
13. (iv) such signs are not attached to trees or utility poles, and
- (v) such signs indicate the name and address of the sponsor and the person responsibility for removal;
- t) signs on land or buildings used for religious, educational, cultural, recreational, medical or similar public or quasi-public purposes, provided that:
- (i) such signs shall not exceed 1.1 m~ (12.0 ft2) in area, and
- (ii) there shall be a limit of one sign for each side of the land or buildings on a different street;
- u) signs of building contractors relating to construction work in progress on the land on which such signs are erected, provided that:
- such signs do not exceed 3.0 m2 (32.0 ft2) in area, and
- (ii) there shall be a limit of one sign for each boundary of the property under construction which fronts onto a public street, and
- (il) such signs shall be removed within fourteen (14) days of occupancy;
- v) landscaping where it will not adversely affect the subject or adjacent properties but does not include changes in grade, stockpiling or excavation;
- w) hard surfacing of any yard area for the purpose of providing vehicular access from a public roadway to an on-site parking stall provided that such hard surfacing does not cause storm drainage to flow onto adjacent properties;
- x) erection of radio towers, antennas, poles, etc. not exceeding 4.5 m (15.0 ft.) in height from grade provided that the structure is not located in the front yard or on public land (i.e. lakefront or beach areas);
- y) a fire pit;
- z) flagpoles shall be permitted in the front yard, so long as same are not erected on public land;
aa)a home office, provided that the following are adhered to:
- (i) No individual other than the permanent resident of the dwelling unit operates the home office;
- (ii) No client or customer is received in the dwelling unit for business purposes;
- (iii) The home office does not generate any pedestrian or vehicular traffic;
- (iv) There are no on-site exterior signs or advertisements of the home office;
- (v) No materials, goods or finished products for business purposes are stored on-site;
- (vi) The home office is operated as an accessory use only and must not change the residential character or external appearance of the dwelling unit.
## 3.3 SAME OR SIMILAR USES
The uses which are listed in the permitted and discretionary use columns under the land use districts are not intended to be exclusive or restrictive. Where a specific use does not conform to the wording of any definition, the Development Authority may, at their discretion, determine that the use conforms to the spirit and intent of the purpose or the land use district and is determined "same" or "similar to other uses allowed in that land use district. Notwithstanding the above, all uses defined as "same" or "similar" shall be considered discretionary.
## 3.4 ELECTRONIC COMMUNICATION
The Development Authority may communicate with the applicant and / or other person(s) electronically with respect to Development Permit Applications and corresponding decisions where an agreement for electronic communication has been established.
## 3.5 DEVELOPMENT PERMIT APPLICATIONS
1. An application for a development permit shall be made to the Development Authority in writing:
- a) on the form prescribed by Council and may be accompanied by;
3. (i) a scaled parcel plan in duplicate showing the legal description, the front, rear, and side yards and provision for off-street loading and vehicle parking,
4. (i) scaled floor plans, elevations and sections in duplicate,
5. (iii) a statement of existing and proposed uses,
6. (iv) a statement of registered ownership of land and interest of the applicant therein together with a copy of the Certificate of Title indicating ownership and encumbrances,
7. (v) the estimated commencement and completion dates,
8. (vi) the estimated cost of the project or contract price, and
9. (vii) such other plans and information as the Development Authority may consider necessary to properly evaluate the proposed development.
- b) the Development Authority may refuse to accept an application for a development permit where the information required by Section 3.5.1(a) has not been supplied or where, in the opinion of the Development Authority, the quality of the material supplied is inadequate to properly evaluate the application; and
- c) the Development Authority may review an application and make a decision without all of the information required by Section 3.5.1(a), if it is the opinion of the
Development Authority that a decision on the application can be properly made without such information.
2. A non-refundable processing fee, the amount of which being determined by Council from time to time, shall accompany each application for a development permit. Where the development was initiated prior to the Development Permit being issued, the fee for the said permit is double the normal rate.
3. The municipality may register a caveat pursuant to the provisions of the Land Titles Act and the Municipal Government Act in respect of the development agreement against the Certificate of Title for the land that is the subject of the development, with the said caveat being discharged when the agreement has been complied with.
4. In the case where an application for a development has been refused by the Development Authority or ultimately after appeal pursuant to Part 3 of this Bylaw, the submission of another application for development by the same applicant or any other applicant,
- a) on the same parcel, and
- b) for the same or similar use; may not be made for at least six (6) months after the date of refusal.
## 3.6 DEVELOPMENT PERMITS AND NOTICES
1. The Development Authority shall require, as a condition of a permit granted for a Discretionary Use, that the applicant display for no less than fourteen (14) days after the permit is issued, in a conspicuous place on the parcel or on streets abutting the parcel, a notice setting out the proposed use in a form prescribed by the Development Authority. No posting of such a notice is required for approvals of Permitted Uses.
2. A permit issued pursuant to this part shall come into effect:
- a) after the twenty-first (21) day of the date of the issue of the Notice of Decision by the Development Officer on the application for development permit (14-day appeal period and 7 days for mailing in province); or
- b) if an appeal is made, on the date that the appeal is finally determined and the permit may be modified or nullified thereby.
Any development proceeded with by the applicant prior to the expiry of the above is done solely at the risk of the applicant.
3. Where an appeal is made pursuant to Part 3 of this Bylaw, a development permit which has been granted shall not come into effect until the appeal has been determined and the permit has been confirmed, modified or nullified thereby.
4. When a permit has been issued for the development of a permitted use, and no provision of this Bylaw have been relaxed or varied, no mail notification shall be given of the decision except to the applicant.
5. When a permit other than a permit described in Section 3.5(4) hereof has been issued, the Development Authority shall immediately:
- a) mail a copy of the notice of decision to all assessed owners of properties within a 30.5 m (100 ft.) radius of the subject property; and/or
- b) require the applicant to post a notice of the decision conspicuously on the property for which the application has been made; and/or
- c) publish in a newspaper circulating in the municipality a notice of the decision.
6. If the development authorized by a permit is not commenced within twelve (12) months from the date of its issue, of the date of decision of the Subdivision and Deveiopment Appeai Board, nor carried out with reasonable diligence as determined by the Development Officer, the permit ceases to be effective, unless an extension to this period, being no longer than an additional twelve (12) months, has previously been granted by the Development Officer.
7. The decision of the Development Officer on an application for a development permit shall be given to the applicant in writing.
8. If the Development Officer refuses an application for a development permit, the notice of decision shall contain the reasons for the refusal.
9. Notwithstanding other provisions of Section 3.6 of this Bylaw, in accordance with Section 685(3) of the Act, a development permit for a permitted use without variance does not require notification other than to the landowner and applicant.
## 3.7 DECISION ON DEVELOPMENT PERMIT APPLICATIONS
1. Permitted and Discretionary Use Applications (Non-Direct Control Districts).
- a) The Development Authority shall be the approving authority for all proposed development, which is listed as either a permitted or discretionary use under a land use district under this Bylaw.
- b) Upon receipt a completed application for a development permit for a permitted use, the Development Officer shall approve the application with or without conditions, where the proposed use conforms to this Bylaw. Generally, the Development Officer is authorized to approve all permitted use development permit applications.
- c) Subject to Section 3.7.1(d), the Development Officer is authorized to decide all discretionary use development permit applications which are related to an approved use on the subject property.
- d) All development permit applications which are discretionary and not related to an approved use on the subject property and/or which require a variance to any quantitative regulation (i.e., side yard setback) contained in this Bylaw shall be referred to the Municipal Planning Commission for decision.
- e) The Municipal Planning Commission is authorized to decide all development permit applications that are referred to it by the Development Officer.
- 1) When approving a discretionary use application, the Development Authority may attach conditions to the approval to ensure that the proposal conforms to this Bylaw.
## 2. Variance Provisions:
- a) The Development Authority may conditionally approve a proposed use that does not comply with this Bylaw, if, in its opinion,
2. (i) the proposed development would not,
- A. unduly interfere with the amenities of the neighbourhood, or
- B. materially interfere with or affect the use, enjoyment, or value of neighbouring properties, and
5. (if) the proposed development conforms to the uses prescribed for that land or building in this Bylaw,
- b) Notwithstanding the above, a variance shall be considered only in cases of unnecessary hardship or practical difficulties to the use, character, or situation of land or building which are not generally common to other land in the same district.
- c) When considering a variance to quantitative criteria such as floor area or a site setback, the Development Officer may approve in accordance with this Bylaw a variance up to a maximum of 20% of the stated regulation. Any variance requests in excess of 20% shall be referred to the Municipal Planning Commission.
## 3. Development Permit Refusals:
When refusing an application for a development permit, the Development Authority shall clearly describe the reasons for the said refusal on the notice of decision.
## 4. Iemporary Permits:
Where a development permit is not required on a permanent basis, the Development Authority may approve the development permit for a specified period of time. The expiry date of all temporary development permits shall be clearly indicated on the notice of decision.
## 3.8 DEEMED REFUSALS ON DEVELOPMENT PERMIT APPLICATIONS
In accordance with Section 684 of the Municipal Government Act, an application for a development permit shall at the option of the applicant, be deemed to be refused when the decision of the Development Authority, is not made within forty (40) days of the completed application being received by the Development Authority unless the applicant and the Development Authority have mutually entered into an agreement to extend the forty (40) day period.
## 3.9 SUSPENSION OR CANCELLATION OF DEVELOPMENT PERMITS
1. If, after a development permit has been issued, the Development Authority becomes aware that:
- a) the application for the development contains a misrepresentation;
- b) facts concerning the application or the development were not disclosed at the time the application was considered;
- c) the development permit was issued in error; or
- d) the conditions of Development Permit Approval are not being complied with in to the satisfaction of the Development Authority,
the Development Authority may suspend or cancel the notice of decision or the development permit by notice, in writing to the holder of it.
2. A person whose development permit is suspended or cancelled under this section may appeal to the Subdivision and Development Appeal Board.
## 3.10 CONTRAVENTION
1. Where the Development Authority finds that 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; or
- c) the Land Use Bylaw;
the Development Authority 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 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 as are specified in the notice so that the development or use of the land or buildings is in accordance with the Municipal Government Act, the regulations, a development permit, subdivision approval or this Bylaw, as the case may be.
2. Where a person fails or refuses to comply with an order directed to him under Subsection (1) or an order of the Subdivision and Development Appeal Board under Section 645 of the Municipal Government Act within the time specified, the Council or a person appointed by it 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. Where the Council or a person appointed by it carries out an order, the Council shall cause the costs and expenses incurred in carrying out the order to be registered as a caveat under the Land Titles Act against the Certificate of Title for the land that is subject of the order pursuant to Section 646 of the Municipal Government Act.
3. Where a notice is issued under Subsection (1), the notice shall state the following and any other information considered necessary by the Development Authority:
- a) An explanation of the contravention, and a statement indicating under which provisions of this Bylaw or the Act the order is being carried out; and
- b) The alternatives and processes which the person responsible for the contravention may pursue in order to correct the contravention; and
- c) A time frame in which the contravention must be corrected prior to the Village pursuing action; and
- d) Advise the person of his right to appeal the notice to the Subdivision and Development Appeal Board.
## 3.11 BYLAW ENFORCEMENT, PENALTIES AND FINES
This Bylaw may be enforced, and the contravention of any provisions contained herein restrained, by the Court of Queen's Bench of Alberta upon action brought by Council, whether or not any penalty has been imposed for the contravention.
## 1. A person who:
- a) contravenes any provision of the Act or the regulations under the Act,
- b) contravenes this Bylaw,
- c) contravenes an order under Section 3.10 of this Bylaw and/or Section 645 of the Municipal Government Act,
- d) contravenes a development permit or subdivision approval or condition attached thereto, and/or,
- e) obstructs or hinders any person in the exercise or performance of his powers or duties under this Act, the regulations under the Act or this Bylaw,
is guilty of an offense and is liable to a fine prescribed in Section 566 of the Municipal Government Act.
2. If a person is found guilty of an offense under this Section or Section 557 of the Municipal Government Act, the court may, in addition to any other penalty imposed, order the person to comply with:
- a) the Act and the regulations under the Act,
- b) this Bylaw,
- c) an order under this Section and/or Section 645 of the Act, and/or
- d) a development permit or subdivision approval or a condition attached to a development permit or subdivision approval.
3. Any written notice, or order, or decision that is required under any provision of this Bylaw to be provided to any person shall be deemed to have been so provided if it is:
- a) delivered personally to the person or their agent it is directed to; or
- b) mailed by certified mail to the last known address of the person it is directed to.
4. If a person is found guilty of an offense under Subsections (1) or (2), the Court may, in addition to any other penalty imposed, order the person to comply with the Act, Alberta Beach Land Use Bylaw, or a development permit, as the case may be.
5. Where a person is guilty of an offence under Subsection (1) or (2), the person is liable upon conviction to a fine of not less than $2,500.00 and of not less than $500.00 for every day that the offence continues.
## 3.12 DEVELOPERS' RESPONSIBILITY
1. A person to whom a development permit has been issued shall obtain from the appropriate authority, where applicable, permits and/or approvals required in connection with the proposed development.
2. The person to whom a development permit has been issued may be required to notify the Development Officer:
- a) following the preliminary layout of the site, but prior to the commencement of actual development therein; and
- b) upon completion of the development for which approval has been given and which has been authorized by the issuance of the development permit.
3. The Development Officer may require that further to Section 3.12.2(a), the applicant arrange with the Development Officer for an on-site inspection before commencing construction.
4. The applicant shall be financially responsible during construction for any damage by the applicant, his/her servants, suppliers, agents or contractors to any public or private property.
5. The applicant shall prevent excess soil or debris from being spilled on public streets, lanes and sidewalks, and shall not place soil or any other material on adjacent properties without permission in writing from adjacent property owners.
6. Sections 3.12.4 and 3.12.5 may be enforced pursuant to Section 3.11. Any costs incurred as a result of damage or neglect to public property may be collected pursuant to Section 3.11.
7. The Development Officer may require a Real Property Report relating to the building for which a permit is applied.
8. A development permit is not transferable without the prior consent of:
- a) the Development Officer, if the permit was issued by the Development Officer;
- b) the Municipal Planning Commission, if the permit was issued by the Municipal Planning Commission;
- c) Council, if the permit was issued by Council with respect to development in a Direct Control District; or
- d) the Subdivision and Development Appeal Board, if the permit was issued by the Subdivision and Development Appeal Board.
## PART 4 - GENERAL DEVELOPMENT REGULATIONS
## 4.1 PRINCIPAL BUILDING OR USE
A maximum of one (1) principal building or principal use shall be considered a permitted use within any land use district. All other principal buildings or principal uses shall be considered discretionary, unless otherwise specified in the District regulations.
## 4.2 DWELLING UNITS ON A PARCEL
1. One Dwelling shall be permitted per parcel unless otherwise specified in the District regulations.
## 4.3 ON-SITE SERVICING
1. All properties within Alberta Beach shall be connected to the Tri-Village Regional Sewage Services Commission sewage collection system, serviced with a water supply and all applicable franchise utilities unless specifically exempted by the Village pursuant to (2) below.
2. Existing on-site service properties that cannot be effectively serviced with sewer services or that are part of an agricultural operation may continue to use the existing system, including repair and upgrade.
3. On-site servicing within the context of this Section is an Accessory Use and are subject to Development Permit requirements.
## 4.4 VEHICLE ACCESS MANAGEMENT
1. All parcels within Alberta Beach created for residential, commercial, or industrial use shall have either within the parcel, or upon an adjoining parcel, vehicular access to a street, avenue, or lane.
2. Vehicle access onto a public road or lane shall be to municipal standards and to the satisfaction of Alberta Beach.
3. The Development Authority may require as a condition of Development Permit approval that vehicular access to a property is restricted to approved access points, through the use of landscaping, berms, fences, or vegetative buffers.
## 4.5 BUILDING ATTACHED TO A PRINCIPAL BUILDING
Where a building is attached to the principal building by open or enclosed roof structure, it is to be considered a part of the principal building and not an accessory building.
## 4.6 BUILDING ORIENTATION AND DESIGN
The design, character and appearance of any building, or series of buildings, structure or sign proposed to be erected or located in any district must be acceptable to the Development Authority having due regard to:
- a) amenities such as daylight, sunlight and privacy,
- b) the character of existing development in the district, and
- c) its effect on adjacent parcels.
## 4.7 RELOCATION OF BUILDINGS
1. No relocated building or moved-in building shall be allowed within the municipality which is more than five (5) years old from the initial date of manufacture or construction and to be used as a dwelling.
2. No person shall:
- a) place on a parcel a building which has previously been erected or placed on a different parcel, unless the Development Authority approves the placement; or
- b) alter the location on a parcel of a building which has already been constructed on that parcel,
unless the Development Authority approves the alteration.
Notwithstanding any other provision of this Bylaw, no mobile homes may be moved into the corporate boundaries of Alberta Beach after the date of final adoption of this Bylaw.
3. An application to "relocate" a building may require:
- a) a colour photograph of the building,
- b) a statement of the present location of the building,
- c) a notification of the relocation route, date, and time that the relocation is to take place, and
- d) a complete site plan showing all buildings located or to be located on the lot.
4. The Development Authority may require, when a development permit is issued for a relocated building, a performance bond or a letter of credit related to the proposed development.
5. The Development Authority may require; when a development permit application is received to relocate a building, a notice in writing be forwarded to all adjacent landowners in the receiving neighbourhood.
6. Any renovations and any conditions imposed by the Development Authority to a relocated building shall be completed within one year of the issuance of the development permit. Non-compliance shall result in the forfeiture of the performance bond or letter of credit.
7. When reviewing development permit applications for moved-in buildings, the Development Authority shall consider the impact of the proposed moved-in building on the aesthetics and value of the adjoining properties.
8. In the case of a building to be relocated, it shall, in the opinion of the Development Authority, be compatible, with respect to age and appearance, with the buildings in the receiving neighbourhood once all required renovations and improvements have been completed.
9. An approval shall not be granted under Subsection (1) unless the Development Authority is satisfied that:
- a) The placement or location of the building would meet the requirements of this Bylaw; and
- b) The building and the parcel meet the requirements of this Bylaw and the land use district in which the building is proposed to be located as well as all applicable building standards of the Alberta Government.
## 4.8 EXCAVATION, STRIPPING AND GRADING
1. In all land use districts, no person shall commence or continue the removal of topsoil, without first obtaining an approved development permit.
2. Pursuant to subsection (1) and in addition to the requirements of Section 3.1 of this Bylaw, development permit applications for landscaping shall be accompanied by a landscaping plan and indicate any existing or proposed retaining wall construction.
3. The landscaping plan shall be provided upon occupancy of the development, a minimum topsoil coverage of 7.6 cm (3.0 in.) and the affected area shall be landscaped to the satisfaction of the Development Authority.
4. In any commercial or industrial land use district, all areas of a parcel not covered by buildings, parking or vehicular maneuvering areas shall be landscaped to the satisfaction of the Development Authority.
5. In any commercial land use district, off-street parking lots shall be landscaped by the planting of trees and/or shrubs in the amount of at least one tree and/or shrub for every 185.8 m2 (2000.0 ftz.) of parking lot area. The trees and/or shrubbery shall be of a type and size approved by the Development Authority. Trees/shrubbery required shall be located within the parking area in locations where visibility for the safe movement of persons and traffic is not impaired.
6. As a condition of the development permit, all required landscaping and planting must be carried out to the satisfaction of the Development Authority and within one (1) year (weather permitting) of occupancy or commencement of operation of the proposed development.
7. As a condition of a development permit, the Development Authority may require that the developer provide a financial guarantee, in a form acceptable to Alberta Beach, up to the value of the estimated cost of the proposed landscaping/planting to ensure that such landscaping/planting is carried out with reasonable diligence.
## 4.9 PROJECTIONS OVER YARDS
1. Projections on foundation walls and footings or on piles are deemed to be part of the building and shall not be considered as a projection over a yard.
2. Projections over yards for accessory buildings and garages shall be in accordance with Section 4.10 of this Bylaw.
3. Dwelling Unit eaves shall be considered part of the dwelling and may project over a yard provided the projection is no closer than 1.2 m (3.9 ft.) to a property boundary adjoining a privately owned lot.
## 4.10 GARAGES AND ACCESSORY BUILDINGS
1. In residential districts detached garages and accessory buildings shall be located according to the following:
- a) The maximum total combined floor area of all accessory buildings upon the site shall be 111.5 m2 (1200 ft2.),
- b) no closer to the front yard than the closest portion of the principal building,
- c) a minimum of 2.0 m (6.56 ft.) from the principal building,
- d) an accessory building shall be situated so that the exterior wall is at least 1.2 m (3.90 ft.) from the side boundaries and 1.0 m (3.28 ft.) from the rear boundary of the parcel,
- e) an accessory building shall not be more than 9.0 m (29.8 ft.) in height, and shall not exceed the height of the main building,
- f) where an accessory building is a garage, vehicle access doors shall be a minimum of 6.0 m (20.0 ft.) from the property line with the roadway or lane,
- g) no roof overhang shali be situated within 0.3 m (1.0 ft.) of the side and rear property boundary, and
- h) an accessory building shall be located in such a manner that it does not encroach upon easements and rights-of-way.
2. An accessory building shall not be used as a dwelling, subject to Section 4.11.
3. Notwithstanding any other provision of this Bylaw, a maximum of one garage per lot may be considered a "permitted" use.
## 4.11 GARAGE AND GARDEN SUITES
1. A Garage Suite shall be developed as an integral part of a detached garage where the principal building is a single detached dwelling.
2. Only one secondary suite, garage suite or garden suite may be developed in conjunction with a principal building on a site.
3. A Garage Suite shall have an entrance separate from the vehicle entrance to the detached garage, either from a common indoor landing or directly from the exterior of the structure.
4. The minimum site width for a site with a garage suite or a garden suite shall be 12.0 m (39.4 ft.).
5. The maximum height of a garage suite shall be 6.5 m (21.3 ft.), or the height of the principal building, whichever is the lesser.
6. The maximum height of a garden suite shall be 4.5 m (14.8 ft.).
7. The maximum floor area for garage and garden suites shall not exceed that of the principal use upon the parcel.
8. The minimum floor area of a garage suite or garden suite shall be 30.0 m2 (322.9 ftz).
9. The minimum side yard setback shall be:
- a) For that portion of a detached garage that contains a Garage Suite, the same as that for the principal building in the applicable district.
- b) For that portion of a detached garage that contains a Garage Suite, the same as that for the principal building in the applicable district.
- c) On a corner site where a Garage Suite or Garden Suite abuts a flanking street, other than an alley, the minimum street side yard setback shall not be less than that provided for the principal building.
10. The minimum distance between a detached garage containing a Garage Suite, or Garden Suite and the principal building on the same site shall be 4.0 m (13.1 ft.).
2. 11.A minimum of one parking stall shall be provided in addition to the required number of parking stalls for the principal building.
12. No decks on Garage Suite or Garden Suite roofs shall be allowed.
13. Balconies shall be allowed as part of a Garage Suite developed above a detached garage only where the balcony faces the alley or a flanking street.
14. Windows contained within the Garage Suite portion of the detached garage shall be placed and sized such that they minimize overlook into yards and windows of abutting properties through one or more of the following:
- a) Off-setting window placement to limit direct views of abutting rear or side yard amenity areas, or direct view into a Garage Suite or Garden Suite window on an abutting site;
- b) Strategic placement of windows in conjunction with landscaping or the placement of other accessory buildings; and
- c) Placing larger windows such as living room windows, to face an alley, a flanking street, or the larger of any side yard abutting another property.
15. A Garage Suite or Garden Suite shall not be allowed within the same site containing a Secondary Suite, Group Care Facility or Limited Group Home, or Home Occupation.
16. Where Garage Suites are discretionary within the applicable district, the Development Authority may exercise discretion in considering a Garage Suite having regard to:
- a) Compatibility of the use with the siting, grade elevations, height, roof slopes and building types and materiais characteristic of surrounding low density ground-oriented housing and development;
- b) The effect on the privacy of adjacent sites; and
- c) The policies and guidelines for Garage Suites contained in a Statutory Plan for the area.
## 4.12 SECONDARY SUITES
1. A secondary suite shall be operated as an accessory use only and shall not change the residential character of the principal dwelling involved.
2. A secondary suite shall not contain more than fifty percent (50%) of the total floor area of the principal dwelling.
3. On-site parking shall conform to the parking regulation of this Bylaw for the principal dwelling unit, and one (1) additional on-site parking stall shall be required for each bedroom provided in the secondary suite.
4. Required parking stall(s) shall not be allowed on public roadways.
5. Prior to its use as an approved secondary suite the property owner shall be required to meet all applicable safety code requirements.
6. The applicant shall provide an original copy of a fire inspection report to the Development Officer, no older than 1 month, showing no deficiencies or evidence that all identified deficiencies have been corrected, prior to the issuance of an approval for a Secondary Suite.
## 4.13 CORNER AND DOUBLE FRONTING PARCELS
In all land use districts, a parcel abutting onto two streets or more shall have a front yard setback on each street in accordance with the front yard requirements of this Bylaw. For the purposes of determining the setback requirements, the long front yard shall be referred to as the flanking front yard.
## 4.14 CORNER SIGHT TRIANGLES
1. A sight triangle means that triangle formed by a straight line drawn between two points on the exterior boundaries of the said site 6.1 m (20.0 ft.) from the point where they intersect.
2. On laneways, the sight triangle shall be formed by a straight line drawn between two points on the exterior boundaries of the said site 3.05 m (10.0 ft.) from the point where they intersect.
3. On any corner site, no person shall erect, place or maintain within the sight triangle a wall, fence, shrub, trees, hedge, or any object over 0.9 m (3.0 ft.) in height above the lowest street grade adjacent to the intersection.
4. On any corner site, no finished grade shall exceed the general elevation of the street line
5. by more than 0.6 m (2.0 ft.) within the area defined as the sight triangle.
5. When a lot has more than one front yard line (corner lot), the front yard requirement shall apply to all front yards, but, at the discretion of the Development Authority, one front yard may be considered a side yard.
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## 4.15 BUILDING DEMOLITION
An application to demolish a building shall not be approved without a statement or plan, which indicates:
- a) how the operation will be carried out so as to create a minimum of dust or other nuisance, and
- b) the final reclamation of the parcel, that is satisfactory to the Development Authority.
## 4.16 AUTOMOBILE PARKING AND LOAD REQUIREMENTS
## 1. OFF-STREET AUTOMOBILE PARKING
## a) An off-street parking area:
- (i) shall not be located within 1.0 m (3.28 ft.) of a lot line common to the lot and to a street unless the parking area is shared between the adjoining lots;
- (ii) shall be constructed so that adequate access to, and exit from each stall is to be provided at all times by means of maneuvering aisles designed to the satisfaction of the Development Authority;
- (iii) shall have necessary curb cuts located to the satisfaction of the Development Authority; and
- (iv) shall be hard-surfaced to the satisfaction of the Development Authority or of a gravel mixture approved by the Development Authority.
- b) All parking areas shall conform to the minimum parking standards set out in Alberta Beach Land Use Bylaw.
## 2. REQUIRED NUMBER OF OFF-STREET PARKING STALLS
- a) The minimum number of off-street parking spaces required for each building class shall be as in the following table. In the case of a use not specifically mentioned, the required number of off-street parking spaces shall be the same as for a similar use as determined by the Development Authority. Where a development falls within more than one class, the required number of spaces shall be the sum of the requirements for each of the development classes.
| RESIDENTIAL | |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------|
| One and two unit dwellings | 2 per dwelling unit |
| Multiple unit dwellings of one bedroom or less per dwelling unit | 1.5 per dwelling unit |
| Multiple unit dwellings of two or more bedrooms per dwelling unit | 2 per dwelling unit |
| Senior citizen self-contained dwelling units | 1 per dwelling unit |
| COMMERCIAL | |
| Business, public administration and offices other than doctor and dentist | 1 per 40.0 m2 (430.0 ft}) of gross leasable area |
| Medical and dental offices or clinics | 1 space for each 30.0 m2 (323.0 ft?) of gross leasable area or 3 spaces for each full to part-time professional, whichever is greater |
| Retail, personal service, equipment and | 1 per 30.0 m2 (323.0 ft?) of gross repair shops with a gross leasable floor area of 1000.0 m2 (10,764.0 ft2) or less | leasable floor area |
| Retail and personal service shops and 1 per 20.0 m2 (215.0 ft) of gross shopping centre buildings with a gross leasable area of between 1000.0 m2 and 4000.0 m2 (10,764.0 f2 and 43,057.0 ftz) | leasable floor area |
| Retail and personal service shops and 1 per 17.0 m2 (183.0 ft2) of gross shopping centre buildings with a gross leasable area of more than 4000.0 m2 (43,057.0 ft) on one parcel | leasable area |
| Restaurants, Major or Minor Eating and Drinking Establishments | 1 for each 6.0 m2 (65.0 ft2) of gross floor area or 1 per five seating spaces and 1 per three employees at maximum shift, whichever is greater |
| Drive-in businesses and car washing 8 except where more are required under establishments | other requirements of this section |
| Restaurants (food exclusively taken off- 1 for each 13.0 m2 (140.0 ftZ) of gross parcel) | floor area plus 1 for each three employees on maximum shift |
|--------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------|
| Hotels, motor hotels, apartment hotels | motels and 1 per sleeping unit and 1 space per three employees on maximum shift |
| PLACES OF PUBLIC ASSEMBLY | |
| Theatres, auditoriums, halls, churches and other amusement or recreational facilities | 1 per 7.5 seating spaces or 1 per 7.0 m2 (75.0 ftz) used by the patrons, whichever is greater |
| SCHOOLS | |
|---------------------------------------------------------------------------------------------------------------------------------|----------------------------------------|
| Elementary schools and junior high schools | 1 per school hour employee, and plus 5 |
| Senior high schools which do not include | 1 per school hour employee plus 1 for an auditorium, gymnasium or swimming poo! | every twenty students |
| INDUSTRIAL | INDUSTRIAL |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Manufacturing and industrial plants, 1 per employee on maximum shift. This wholesale, warehousing and storage buildings and yards, servicing and repair establishments, research laboratories and public utility buildings | standard may be varied by the Development Officer to no fewer than 1 per three employees on maximum shift where it can be shown by the applicant that fewer stalls are required |
| HOSPITALS AND SIMILAR USES | |
|---------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------|
| Hospitals, sanatoriums, group care 1 per 100.0 m2 (1,076.0 ft2) of floor facilities, nursing homes, convalescent homes and senior citizens lodges | area or 1 per four beds and 1 for every two employees on maximum shift. whichever is greater |
- b) At the option of the Development Authority and in lieu of providing off-street parking, an owner of land proposed for development shall pay the municipality
to assist in providing the equivalent parking area. Council will determine the amount of money required. Money so received by the municipality will be used only for the development of municipal off-street parking facilities.
## 3. COMMUNAL AND OFF-PARCEL PARKING
- a) Parking may be supplied on a parcel other than the parcel of the principal use provided that it is in accordance with the following regulations:
2. (i) Except in the case of highway commercial land use districts as well as parcels in parks/recreation or urban services land use districts adjacent to residential parcels, and subject to the approval of the Municipal Planning Commission, an owner of land or a group of such owners may pool his or their required off-street parking stalls within one or more communal parking facilities and may thereby collectively fulfill the requirements of Section 4.16.2;
3. (ii) Where a group of uses is served by a communal parking facility, the requirement for such facility shall be the sum of the off-street parking requirements for each of the uses served by the parking facility;
4. (iii) Where a group of uses or businesses pool their parking requirements onto one parcel, such a communal parcel shall be located no more than 122.0 m (400.0 ft.) from any one of the owners who have pooled their off-street parking requirements;
5. (iv) The owners who have pooled their parking requirements shall enter into an agreement with Alberta Beach and the owners shall consent to such an agreement being registered as an encumbrance against the titles of land involved; and
6. (v) The owners involved in a communal parking arrangement shall pay the full costs of preparation and registration of the agreement referred to in Subsection 4.16.3(a)(iv).
- b) At the option of the Municipal Planning Commission, and in lieu of providing off-street parking, an owner/developer of land proposed for development shall pay Alberta Beach to provide the equivalent parking area. The amount of money required will be determined by a resolution of Council and shall be based on the amount needed to purchase the land required and construct the parking facility and required number of parking stalls. Money so received by Alberta Beach will be used only for the development or improvement of municipal, offstreet parking facilities.
## 4. OFF-STREET LOADING SPACES
- a) Off-street loading spaces shall be required for all non-residential development and apartments.
- b) Loading spaces shall be designed and located so that all vehicles using those spaces can be parked and maneuvered entirely within the bounds of the parcel before moving onto a public roadway.
- c) An off-street loading space shall be at least 4.0 m (13.12 ft.) in width, 8.0 m (26.24 ft.) in length, with height of 4.0 m (13.12 ft.).
- d) Number of off-street loading spaces:
5. (i) In a retail, industrial, warehouse or similar development of less than 465.0 m2 (5,000.0 ft2) of gross floor area, one space;
6. (ii) two spaces for between 465.0 m2 (5000.0 f2) and 2,323.0 m2 (25,000.0 ftz) of gross floor area, and one additional space for each additional 2,323.0 m2 (25,000.0 ft2) or function thereof;
7. (iii) office buildings, places of public assembly, institution, club or lodge, school, or any other use one space up to 2,787.0 m2 (30,000.0 ft2) of
gross floor area and for each additional 2,787.0 m2 (30,000.0 ft2) or fraction thereof, one additional space; and
- (iv) neighbourhood commercial stores, one loading space.
## 5. DRIVEWAYS AND ACCESS TO STREETS AND LANES
## Private Residential Driveways
- a) A residential development will be permitted only one access or driveway at the front, rear or side of the lot, except that the Development Authority may permit additional driveways.
- b) In no case should a private residential driveway be situated:
3. (i) Closer than 8.0m (26.24 ft.) from a point where the curbs of intersecting streets would intersect if extended; and
4. (ii) Closer than 1.0 m (3.3 ft.) from a corner lot property line adjacent to a lane.
## c) Driveways:
- (i) must be a minimum width of 3.2 m;
- (il) may be widened to incorporate a walkway to an entrance of a principal building;
- (iii) in combination with walkways must not exceed 80% of the front yard; and
- (iv) may only be extended to the side property line if they do not interfere with the required lot grading and drainage.
## 4.17 OBJECTS PROHIBITED OR RESTRICTED IN YARDS
1. All matters related to unsightly property, improper storage of vehicles, parking of commercial vehicles over 5,500.0 kg (12,125.42 Ibs.) shall be addressed through the Municipal Government Act and bylaws adopted by Council other than this Land Use Bylaw.
2. The following prohibited or restricted developments shall be subject and addressed in accordance with this Bylaw:
- a) any excavation, storage or piling up of materials required during the construction stage unless all necessary safety measures are undertaken, and the owner of such materials or excavations assumes full responsibility to ensure the situation does not prevail any longer than reasonably necessary to complete a particular stage of construction work.
3. Subject to Section 4.17(1) no person shall keep or permit in any part of a yard in a residential land use district:
- a) any dismantled or wrecked vehicle;
- b) more than one enclosed / cargo trailer;
- c) any object or chattel which, in the opinion of the Development Officer, Municipal Planning Commission, or Council, is unsightly or tends to adversely affect the amenities of the district.
4. In ail land use districts, garbage shall be stored in weather and animal proof containers screened from adjacent parceis and public thoroughfares to the satisfaction of the Development Officer, Municipal Planning Commission or Council and shall be in a location easily accessible for pickup.
5. Sites and buildings in all districts shall be maintained in a clean and tidy condition free from all rubbish and debris.
6. In any district, no storage or activity may be undertaken which, in the opinion of the Development Officer, Municipal Planning Commission, or Council, constitutes a danger or annoyance to persons on site, on public property, or on any other site,
by reasons of excessive noise, vibration, dust and other particulate matter, smoke, odour, toxic, and noxious matter, traffic, radiation hazards, fire, and explosive hazards, heat, humidity and glare, refuse matter or waterborne waste, water or steam.
7. No chattels, including but not limited to, motor vehicles, recreational vehicles, trailers, stockpile of materials, construction equipment, shall be placed or stored upon a residential or commercial lot prior to that lot being developed with a principal building.
## 4.18 FENCES AND SCREENING
- (1) In any land use district, except as herein provided:
2. (a) No fence shall be constructed that is:
- i) higher than 2.0 m (6.6 ft.) for that portion of the fence that does not extend beyond the foremost portion of the principal building on the parcel; and
4. ii) higher than 1.0 m (3.3 ft.) for that portion of the fence that does extend beyond the foremost portion of the principal building on the parcel.
- 2) In the case of corner parcels in all land use districts, regardless of whether or not a corner cut-off has been taken:
6. (a) No person shall construct a fence or other screening within the portion of the parcel facing the fronting street that extends beyond the foremost portion of any principal or accessory building within the site triange area.
7. (b) There shall be no obstruction of the sight triangle by fencing or other screening, including landscaping. For the purposes of this Bylaw, the sight triangle, in the case of laneways, is the triangle formed by a straight line drawn between two points on the exterior boundaries of the subject parcel 3.0 metres from the point where they intersect. In the case of all other roadways the sight triangle is the triangle formed by a straight line drawn between two points on the exterior boundaries of the subject parcel 9.14 m. from the point where they intersect.
- (3) Where parcels have both their front and rear yards facing onto a street, special approval of the Development Officer must be obtained prior to the erection of any fences on such parcel. Size and specifications for fences in these areas must conform to the overall standard set for the area by the Town of Onoway.
- (4) Where hedges, trellises, arbors, and similar things are located on or adjacent to a parcel line, they shall comply with the height requirements for fences.
- (5) Multiple family dwellings adjacent to a Single Detached Dwelling shall provide a wooden fence, or other such screening approved by the Development Officer or Municipal Planning Commission, of not less than 1.5 m (4.9 ft.) or more than 2.0 m (6.6 ft.) in height along the side abutting the Single Detached Dwelling.
- (6) In the case of commercial, industrial, public and quasi-public uses abutting a residential area, a solid or chain link fence shall be provided of not less than 1.5 m (4.9 ft.) or more than 2.0 m. (6.6 ft.) in height along the sides abutting the residential area.
- (7) Notwithstanding Sections 4.18(1) and 4.18(2)(a) and (b), in the M Industrial District, or UR Urban Reserve District, the maximum height of a fence and the location of fencing and other screening within the parcel, including landscaping, shall be determined by the Development Officer or Municipal Planning Commission who shall consider the requirements of Sections 4.18(1) and 4.18(2)(a) and (b) in determining fence height and location within the parcel. Where a fence has been permitted to be higher than 2.0 m (6.6 ft.) in the above-noted land use districts, no barbed wire fences shall be permitted below a height of 2.0 m (6.6 ft.). This requirement may be relaxed by the Development Officer or Municipal Planning Commission in an area where residences would not be in close proximity to the fence proposed.
- (8) No electrification of fences will be permitted.
- (9) No barbed wire fences will be permitted in residential land use districts.
- (10) The Development Officer or Municipal Planning Commission shall ensure that al fences are made of material and constructed and maintained in such a manner so as not to pose a hazard to the public.
## 4.19 HOME OCCUPATIONS
1. Home occupations (Home Based Businesses) shall comply with the following provisions:
- a) Home occupations shall not be allowed on a site unless a dwelling is located on the site on which the home occupation is to be located.
- b) All development permits issued for home occupations shall be revocable at any time by the Development Authority, if, in its opinion, the home occupation is or has become detrimental to amenities of the neighborhood in which it is located or if there is any change or intensification of the home occupation as originaliy approved.
- c) The Development Authority may, in its sole discretion, place time limits on the period for which a development permit for a home occupation is valid.
- d) No home occupation shall substantially change the principal character of external appearance of the dwelling involved or of any accessory buildings.
- e) Home occupations shall be incidental and subordinate to the principal use of the dwelling and/or garage and shall not be conducted within any other structures on the property.
- f) There shall be no outdoor business activity, or outdoor storage of material or equipment associated with the home occupation allowed on the site.
- 9) The home occupation shall not create any nuisance by way of noise, dust, odour, or smoke, or anything of an offensive or objectionable nature.
- h) There shall be no mechanical or electrical equipment used which creates external noise, or visible or audible interference with home electronics or computer equipment in adjacent dwellings.
- i) When a development permit is issued for a home occupation, such permit shall be terminated should the applicant vacate the property for which the permit has been issued.
- j) Pedestrian or vehicular traffic or parking, shall not, in the opinion of the Development Authority, be generated in excess of that which is characteristic of the district in which the home occupation is located.
- k) Only one (1) commercial vehicle, of a haul capacity not exceeding 5,500.0 kg (12,125.42 lbs.) shall be used in conjunction with the home occupation, or parked or maintained on the site or on the road in proximity to the site. Truck trailers or vehicle accessories or equipment shall not be kept on site unless they are located within an accessory building.
- 1) Home occupations shall not involve:
5. (i) activities that use or store hazardous material in quantities exceeding those found in a normal household; or
6. (ii) any use that would in the opinion of the Development Authority, materially interfere with or affect the used, enjoyment, or value of neighboring properties.
- m) The number of non-resident employees or business partners working on site shall not exceed one (1) at any time. No more than two people shall be working at the home occupation site at any time.
- n) Storage related to the business activity and the business activity itself may be aliowed in either the dwelling or garage.
- 0) The home occupation shall not be allowed if, in the opinion of the Development Authority, such use would be more appropriately located in the Commercial or an Industrial District, having regard for the overall compatibility of the use with the residential character of the area.
- p) The dwelling or garage in which a home occupation is located may have one fascia sign placed on the structure, providing that the sign does not exceed 0.4 m2 (4.3 ft2) in area. No other signage will be permitted.
## 4.20 BED AND BREAKFAST OPERATIONS
In addition to all other provisions and requirements of Section 4.19 of this Bylaw, the following additional requirements shall apply to home based business in the form of bed and breakfast operations:
- a) Persons wishing to operate a bed and breakfast operation shall be required to apply for a development permit from Alberta Beach.
- b) A bed and breakfast operation shall be limited to residential land use districts and shall be contained entirely within the principal building.
- c) A bed and breakfast operation shall be limited to one meal provided on a daily basis to registered guests only with such meal being prepared in one common kitchen and served in one common room.
- d) In addition to the off-street parking requirements for the dwelling unit itself, as stipulated in Section 4.16(2) of this Bylaw, one (1) off-street parking space per rented guest room shall be required for a bed and breakfast operation.
## 4.21 RECREATIONAL ACCOMMODATIONS VEHICLES AND TEMPORARY LIVING
1. At no time may a recreational vehicle, holiday trailer, motor homes, camper or tent trailer be situated on a residential parcel unless that parcel is developed with a single family dwelling.
2. Notwithstanding subsection (1), a maximum of one (1) recreational vehicle, holiday trailer, motor homes, camper or tent trailer be situated and occupied on
- an undeveloped residential parcel during periods of single family dwelling construction when approved by the development authority.
3. For the purpose of storage of the vehicle, a maximum of one (1) unoccupied recreational vehicle, holiday trailer, motor homes, camper or tent trailer may be situated on a residential parcel that is developed with a single family dwelling.
4. On a residential parcel that is developed with a single family dwelling, a maximum of one (1) recreational vehicle, holiday trailer, motor homes, camper or tent trailer may be situated and occupied on a residential parcel provided that it:
- (i) is occupied for no longer than seventy-two (72) hours total within a thirty (30) day period, or extended periods as authorized by the Development Authority; and
- (ii) is located within a required parking stall or on the site in a manner satisfactory to the Development Authority.
5. For the purpose of this Land Use Bylaw Park Model Homes are not considered Recreational Vehicles.
## 4.22 GENERAL SIGN REGULATIONS
1. All placement of temporary signs shall require an approved Development Permit.
2. No sign of an advertising, directional or information, 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 by the Development Officer.
3. Signs shall comply with the setback requirements for principal buildings in the district in which the sign is located unless otherwise allowed by this Bylaw or the Development Officer.
4. In considering a development application for a sign the Development Officer shall have due regard for the amenities of the area and the design of the proposed sign.
5. No sign, other than one providing a public service and deemed appropriate by the Development Officer shall be permitted to locate on a public right of way or reserve.
6. No sign shall be illuminated unless the source of light is suitably shielded and does not interfere with vehicular traffic.
7. There shall be a minimum clearance height of 2.5 m (8.0 ft.) above finished grade to the bottom of any sign projecting over a public right-of-way or sidewalk.
8. No sign shall project more than 1.5 m (4.9 ft.) above the top of any main wall or parapet to which it is affixed, unless in the opinion of the Development Officer it has been designed as an integral part of the building.
9. No sign shall project more than 1.5 m (4.9 ft.) out from the face of any building to which it is affixed unless, in the opinion of the Development Officer it has been designed as an integral part of the building.
10. The Development Officer may refuse to allow any sign which is deemed to be offensive in nature or inappropriate in design.
11. The area around sign structures shall be kept clean and free of overgrown vegetation and free from refuse material.
12. The Development Officer, Municipal Planning Commission, or Council may require the removal of any sign which, in their opinion is or has become unsightly or is in such state of disrepair as to constitute a hazard.
## 4.23 SIGNS IN COMMERCIAL DEVELOPMENTS
Where commercial buildings are permitted the following regulations shall apply:
- a) For each principal building, one identification sign; not to exceed 3.0 m2 (32.29 ftz) in area.
- b) Signs may be detached if they do not exceed a height of 2.0 m (6.56 ft.) or project into any required setback area.
- c) Where a sign is not detached, it shall be placed flat against the building or be designed as part of an architectural feature thereof, or as a canopy sign.
- d) One wall sign only will be permitted to indicate the name and nature of the occupancy for each tenancy within the development. The sign shall not exceed a total area of 0.9 m2 (9.68 ft2) of copy for each lineal metre of building occupancy.
- e) If the occupancy is on a corner, one wall sign will be permitted for each face.
- f) If the building includes a canopy, each tenant will be permitted one undercanopy sign of no more than 0.5 m2 (5.38 ftz).
## 4.24 KEEPING OF ANIMALS
1. No person shall keep or permit to be kept in any part of any yard in any Land Use District any livestock except as described in Alberta Beach Animal Control Bylaw, as amended.
2. No person shall keep or permit to be kept in any part of any yard in any Land Use District any pets or domestic animals of any kind on a commercial basis, that is, for the purpose of breeding or caring in exchange for pay or other compensation or remuneration, unless said keeping occurs within the confines of an approved kennel.
3. In addition to this Section, the regulations in the Residential Districts respecting the keeping of animals will apply.
## 4.25 SEA CANS
As a condition of granting a development permit for a sea can, the Development Authority may require the sea can to conform aesthetically to buildings upon adjacent properties and those within the District. This may include, but is not limited to, buffering it from public view and/or enclosing it entirely within a building.
## 4.26 FIRE PITS
Within the corporate limits of Alberta Beach, fire pits must:
- Be at least 3 m (10.0 ft.) from buildings, property lines and anything else that could catch fire.
- Be less than 0.6 m (2.0 ft.) high.
- Be less than 1.0 m (3.0 ft.) wide.
- Have enciosed sides made from bricks, concrete or heavy-gauge metal.
- Have a mesh screen on top to stop sparks (spark-arrestor) with openings smaller than 1.25 cm (1/2 in.).
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## 4.27 HOUSE NUMBERS
Every residence shall have its house number clearly displayed near the front door entrance. The numbers shall be easily visible from the street
## PART 5 - LAND USE DISTRICTS AND REGULATIONS
## 5.1 ESTABLISHMENT OF DISTRICTS AND LAND USES
1. For the purposes of this Bylaw Alberta Beach is divided into the following districts:
2. The boundaries of the districts listed in subsection (1) are as delineated on the Land Use District Map.
3. Where uncertainty exists as to the boundaries of districts as shown on the Land Use District Map, the following rules shall apply:
- a) Where a boundary is shown as following a street, lane, stream or canal, it shall be deemed to follow the center line thereof.
- b) Where a boundary is shown as approximately following a lot line, it shail be deemed to follow the lot line.
| Short Form | District Designation |
|--------------|---------------------------------------------|
| R1 | Residential - Single Family |
| R2 | Residential - Single Family Narrow Lot |
| R3 | Residential - Single Family Special Lot |
| R4 | Residential - Medium Density |
| R5 | Residential - High Density |
| RMHC | Residential - Manufactured Home Court |
| RMHS | Residential - Manufactured Home Subdivision |
| C1 | Commercial |
| C2 | Commercial - Mixed Use |
| C3 | Commercial - Highway |
| M | Light Industrial |
| P | Park |
| UR | Urban Reserve |
| US | Urban Services |
| DC | Direct Control |
- c) In circumstances not covered by 3a or 3b the location of the district boundary shall be determined by:
2. (i) Where dimensions are set out on the Land Use District Map, by the dimensions so set; or
3. (i) Where dimensions are set out on the Land Use District with respect to such boundary, by measurement of and use of the scale shown on the Land Use District Map.
4. Where the application of the above rules does not determine the exact location of the boundary of a district, Council either on its motion or upon written application being made to it by any person requesting the determination of the exact location of the boundary shall fix the portion of the district boundary in doubt or dispute in a manner consistent with the provisions of this Bylaw and the degree of detail as to measurements and directions as the circumstances may require.
5. After Council has fixed a district boundary pursuant to the provisions of subsection (4), the portion of the boundary so fixed shall not be thereafter altered except by an amendment of this Bylaw.
6. Council shall maintain a list of its decisions with respect to boundaries or portions thereof fixed by it.
## 5.2 R1 - RESIDENTIAL - SINGLE FAMILY
## 1. General Purpose of District
This land use district is generally intended to establish areas of single detached housing comprised of standard parcels and dwellings with the opportunity for a secondary suite.
## 2. Permitted Uses
- Buildings and uses accessory to permitted uses
- Garage Suite
- Garden Suite
- Home Office
- Modular home
- Recreational Vehicles and Temporary Living Accommodations
- Secondary Suites
- Single Detached Dwelling
## 3. Parcel Coverage
Coverage of all buildings shall not exceed 40% of the total parcel area.
## 4. Minimum Floor Area (not including attached garage)
- a) Where a lot has an area of less than or equal to 400.0 m2 (4305.6 ftz), the minimum floor area shall be 74.3 m2 (800.0 AZ);
- b) Where a lot has an area greater than 400.0 m2 (4305.6 ft?), the minimum floor area shall be 93.0 m2 (1000.0 ftz).
## Discretionary Uses
- Bed & Breakfast
- Day Home
- Buildings and uses accessory to discretionary uses
- Home Occupations
- Public or quasi-public uses
- Parks and playgrounds
- Public utilities required to serve the immediate area
- Show homes
- Other uses which, in the opinion of the Development Authority, are similar to the permitted and discretionary uses.
## 5. Maximum Height
The height of all structures shall not exceed 9.0 m (29.5 ft.) and is subject to the provision of this Bylaw.
## 6. Minimum Parcel Width and Area
All new parcels to be created shall have a minimum parcel width of 15.0 m (50.0 ft.) and a minimum parcel area not less than 557.4 m2 (6000.0 ft2).
## 7. Minimum Front Yard Setback
- a) Lakefront lots: at the discretion of the Development Officer, but not less than 8.0 m (26.2 ft.).
- b) All other cases: 7.6 m (24.9 ft.).
- c) For accessory buildings see Section 4.8.
## 8. Minimum Side Yard Setback
- a) Minimum of 1.5 m (4.9 ft.).
- b) For accessory buildings see Section 4.8.
## 9. Minimum Rear Yard Setback
- a) Minimum of 7.6 m (24.9 ft.), except in the case of garages as in Section 4.8.
- b) For accessory buildings see Section 4.8.
## 10. Length to Width Ratio
No dwelling in this district shall have a length to width (or width to length) ratio of greater than 2.0: 1.0. This rule shall not apply to those portions of a dwelling which are deemed by the Development Authority to be either deck or attached garage.
## 11. Other Provisions
- a) Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
- b) General Parcel Provisions: refer to Part 4 of this Bylaw.
- c) Special Land Use Provisions: refer to Part 4 of this Bylaw.
- d) Parking and Loading Regulations: refer to Part 4 of this Bylaw.
- e) Sign Regulations: refer to Part 4 of this Bylaw.
## 5.3 R2 - RESIDENTIAL - SINGLE FAMILY NARROW LOT
## 1. General Purpose of District
The purpose of this district is to provide for Single Detached Dwellings on narrower lots in a residential environment similar to that of the R1 District, but allowing for a slightly higher density.
## 2. Permitted Uses
- Buildings and uses accessory to permitted uses
- Garage Suite
- Garden Suite
- Home Office
- Modular home
- Recreational Vehicles and Temporary Living Accommodations
- Secondary Suites
- Single Detached Dwelling
## 3. Parcel Coverage
Coverage of all buildings shall not exceed 50% of the total parcel area.
4. Minimum Floor Area (not including attached garage)
- a) Where a lot has an area of less than or equal to 400.0 m2 (4305.6 ft2), the minimum floor area shall be 74.3 m2 (800.0 ft?);
## Discretionary Uses
- Bed & Breakfast
- Buildings and uses accessory to discretionary uses.
- : Day homes
- Parks and playgrounds
- Home Occupations
- Public or quasi-public uses
- Public utilities required to serve the immediate area
- Show homes
- Other uses which, in the opinion of the Development Authority, are similar to the permitted and discretionary uses.
- b) Where a lot has an area greater than 400.0 m2 (4305.6 f), the minimum floor area shall be 93.0 m2 (1000.0 ft2).
## 5. Maximum Height
The height of all structures shall not exceed 9.0 m (29.5 ft.) and is subject to the provision of this Bylaw.
## 6. Minimum Parcel Width and Area
All new parcels to be created shall have a minimum parcel width of 13.0m (42.7 ft.) and a minimum parcel area not less than 477.5 m2 (5140.0 f).
7. Minimum Front Yard Setback
- a) Lakefront lots: at the discretion of the Development Officer, but not less than 8.0 m (26.2 ft.).
- b) All other cases: 7.6 m (24.9 ft.).
- c) For accessory buildings see Section 4.8.
8. Minimum Side Yard Setback
- a) Minimum of 1.5 m (4.9 ft.).
- b) For accessory buildings see Section 4.8.
## 9. Minimum Rear Yard Setback
- a) Minimum of 7.6 m (24.9 ft.), except in the case of garages as in Section 4.8.
2. b): For accessory buildings see Section 4.8.
## 10. Length to Width Ratio
No dwelling in this district shall have a length to width (or width to length) ratio of greater than 2.0: 1.0. This rule shall not apply to those portions of a dwelling which are deemed by the Development Authority to be either deck or attached garage.
## 11. Other Provisions
- a) Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
- b) General Parcel Provisions: refer to Part 4 of this Bylaw.
- c) Special Land Use Provisions: refer to Part 4 of this Bylaw.
- d) Parking and Loading Regulations: refer to Part 4 of this Bylaw.
- e) Sign Regulations: refer to Part 4 of this Bylaw.
## 5.4 R3 - RESIDENTIAL - SINGLE FAMILY - SPECIAL LOT
## 1. General Purpose of District
This land use district is generally intended to establish areas of single detached housing upon irregular parcels.
## 2. Permitted Uses
- Buildings and uses accessory to permitted uses
- Garage Suite
- Garden Suite
- Home Office
- Modular home
- Recreational Vehicies and Temporary Living Accommodations
- Secondary Suites
- Single Detached Dwelling
## 3. Parcel Coverage
Coverage of all buildings shall not exceed 50% of the total parcel area.
## 4. Minimum Floor Area (not including attached garage)
- a) The minimum floor area should be 37.2 m2 (400.0 ftZ);
## Discretionary Uses
- Bed & Breakfast
- Buildings and uses accessory to discretionary uses.
- Day homes
- Home Occupations
- Public or quasi-public uses
- Parks and playgrounds
- Public utilities required to serve the immediate area
- Show homes
- Other uses which, in the opinion of the Development Authority, are similar to the permitted and discretionary uses.
## 5. Maximum Height
The height of all structures shall not exceed 9.0 m (29.5 ft.) and is subject to the provision of this Bylaw.
## 6. Minimum Parcel Width and Area
New parcel area and dimensions shall be at the discretion of the Subdivision Authority for Alberta Beach.
## 7. Minimum Front Yard Setback
- a) Minimum of 5.0 m (16.4 ft.).
- b) For accessory buildings see Section 4.8.
## 8. Minimum Side Yard Setback
- a) Minimum of 1.5 m (4.9 ft.).
- b) For accessory buildings see Section 4.8.
## 9. Minimum Rear Yard Setback
- a) Minimum of 1.5 m (4.9 ft.), except in the case of garages as in Section 4.8.
- b) For accessory buildings see Section 4.8.
## 10. Length to Width Ratio
No dwelling in this district shall have a length to width (or width to length) ratio of greater than 2.0: 1.0. This rule shall not apply to those portions of a dwelling which are deemed by the Development Authority to be either deck or attached garage.
## 11. Other Provisions
- a) Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
- b) General Parcel Provisions: refer to Part 4 of this Bylaw.
- c) Special Land Use Provisions: refer to Part 4 of this Bylaw.
- d) Parking and Loading Regulations: refer to Part 4 of this Bylaw.
- e) Sign Regulations: refer to Part 4 of this Bylaw.
## 5.5 R4 - RESIDENTIAL - MEDIUM DENSITY
## 1. General Purpose of District
This land use district is intended to provide a variety of low to medium density multiple family housing types ranging from duplex dwellings up to row housing. The dwelling forms shall be of a low profile/elevation thereby making such developments compatible with adjacent single family residential neighbourhoods. All units within this land use district will be designed to have direct access to street level.
## 2. Permitted Uses
- Buildings and uses accessory to permitted uses
- Duplex
- Home Office
- Triplex
- Park
- Secondary Suites
## Discretionary Uses
- Boarding or lodging home
- Buildings and uses accessory to discretionary uses.
- Day came facility Day home
- Fourplex
- Family care facility
- Group care facility
- Home day care
- Home Occupation
- Public utilities required to serve the immediate area
- Row Housing
- Show homes
- Other uses which, in the opinion of the Development Authority, are similar to the permitted and discretionary uses.
## 3. Parcel Dimensions
- a) Subject to the minimum parcel area requirements for duplexes and triplexes where all dwelling units in these developments are contained within the same parcel, as stipulated in Sections 5.5(3)(b), (c) and (d) below, the minimum parcel width shall be 11.0 m (36.1 ft.) and the minimum parcel depth shall be 36.0 m (118.1 ft.).
- b) The minimum parcel area for vertical duplex units shall be 570.0 m2 (6135.0
- c) The minimum parcel area for side-by-side duplex units shall be 670.0 m2 (7212.0 ftz.) located on an interior parcel and 740.0 m2 if located on a comer or double fronting parcel.
- d) The minimum parcel area for a triplex shall be 700.0 m2 (7535.0 ft?.) located on an interior parcel and 770.0 m2 (8288.0 ft?.) if located on a corner or double fronting parcel.
- e) The maximum parcel area shall be 1.2 ha (2.97 ac.).
## 4. Minimum Floor Area (not including attached garage)
The minimum floor area for a dwelling unit shall be:
- a) In the case of duplex housing, not less than 79.0 m2 (850.3 fz.).
- b) In the case of triplex and fourplex housing, not less than 75.0 m2 (807.3 ft.) for each unit.
- c) In the case of horizontal housing or row housing, not less than 72.0 m2 (775.0 ft?.) for a one bedroom unit, and an additional 11.0 m2 (118.4 ftz.) per unit for each additional bedroom in the unit thereafter.
- d) In the case of vertical or stacked row housing, not less than 50.0 m2 (538.2 ftz.) for a bachelor unit with an additional 11.0 m2 (118.4 ftz.) for each bedroom in the unit thereafter.
## 5. Minimum Setback Requirements
## a) Front Yard:
- (i) Subject to Section 5.5(5)(a)(ii), the minimum front yard setback shall be 6.0 m (19.7 ft.)
- (i) At the discretion of the Development Officer or Municipal Planning Commission, the front yard setback may be varied for corner or double fronting parcels pursuant to Sections 3.6(4) and (5) and Section 4.19 of this Bylaw.
- (iii) For the purposes of determining the front yard setback for parcels referred to in Section 5.5(5)(a)(ii), the Development Officer or Municipal Planning Commission shall consider that the setback for the flanking front yard should be no less than 4.5 m (14.8 ft.), or 5.0 m (16.4 ft.) when an attached garage faces the flanking street.
## b) Side Yard:
- (i) The minimum side yard setback shall be 10% of the parcel width up to a maximum of 2.0 m (6.56 ft.).
- (i) Notwithstanding Section 5.5(5)(b)(i), where a parcel has vehicular access from the front only, one side yard setback shall be a minimum of at least 3.0 m (9.84 ft.) to accommodate a driveway for vehicular passage and general access to the rear of the parcel, except where a carport is attached to the principal dwelling and does not restrict access to the rear yard in which case the setback requirements referred to in Section 5.5(5)(b)(i) apply.
(iii)In the case zero parcel line development, see Section 4.20 of this Bylaw.
## c) Rear Yard:
- (i) The minimum rear yard setback to the principal building shall be 6.75 m (22.1 ft.).
- (ii) The Development Officer or Municipal Planning Commission may vary the rear yard setback to a maximum of 10% in the case of parcels located on curves or cul-de-sacs.
## 6. Parcel Coverage
- a) The maximum parcel coverage for all buildings shall be 42% of the area of the parcel with all accessory buildings combined, not being larger than the principal building.
- b) Notwithstanding Section 5.5(6)(a), the Development Officer or Municipal Planning Commission may vary the parcel coverage in the case of corner or double fronting parcels pursuant to this Bylaw.
## 7. Dwelling Unit Density
Maximum density shall be 30 units to each net hectare (12 units to each net acre of the parcel upon which the development is proposed
## 8. Principal Building Height
Shall not exceed 10.6 m (34.8 ft.) above grade
## 9. Landscaping and Amenities
- a) The minimum landscaped area for row/cluster housing shall be 35% of the parcel.
- b) A minimum of 10% of the open space required pursuant to Section 5.5(9)(a) shall be provided for recreational purposes, and recreational equipment shall be provided on this area to the satisfaction of the Development Officer or Municipal Planning Commission.
- c) Within the 7.6 m (24.9 ft.) outdoor living area referred to in Section 5.5(9)(b), there shall be a privacy zone of 4.5 m (14.8 ft.) which is contained by a fence or other means of enclosure at least 1.5 m (4.9 ft.) in height.
## 10. Other Provisions
- a) Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
- b) General Parcel Provisions: refer to Part 4 of this Bylaw.
- c) Special Land Use Provisions: refer to Part 4 of this Bylaw.
- d) Parking and Loading Regulations: refer to Part 4 of this Bylaw.
- e) Sign Regulations: refer to Part 4 of this Bylaw.
## 5.6 R5 - RESIDENTIAL - HIGH DENSITY
## 1. General Purpose of District
This land use district is intended to provide a variety of medium to high density housing. This land use district will normally be located adjacent to collector and arterial roadways to reduce the impact of higher density development upon single family residential land use districts.
## 2. Permitted Uses
- Apartment
- Buildings and uses accessory tc permitted uses
- Home Office
- Cluster housing
- Park
- Row housing
- Secondary Suites
## Discretionary Uses
- Boarding or lodging home
- Buildings and uses accessory to discretionary uses.
- Day care faciiity
- Day home
- Family care facility
- Group care facilit
- Fourple›
- Home day care
- Home Occupation
- Public utilities required to serve the immediate area
- Senior citizen housing
- Triplex
- Other uses which, in the opinion of the Development Authority, are similar to the permitted and discretionary uses.
## 3. Parcel Dimensions
- a) Width:
The minimum parcel width shall be not less than 35.0 m (114.8 ft.).
- b) Depth:
The minimum parcel depth shall be not less than 35.0 m (114.8 ft.).
- c) Area:
The minimum parcel area shail be the product of the minimum parcel width and depth and the maximum parcel area shall be 1.2 ha (2.97 ac.).
## 4. Minimum Floor Area
The minimum floor area for a dwelling unit shall be:
- a) In the case of apartment buildings and vertical or stacked housing, not less than 50.0 m2 for a bachelor unit and an additional 11.0 m2 (118.4 ftz.) for each bedroom in the unit included thereafter.
- b) In the case of horizontal housing or row housing, not less than 72.0 m2 (775.0 ftz.) for a one bedroom unit and an additional 11.0 m2 (118.4 ft2.) per unit for each additional bedroom in the unit thereafter.
## 5. Minimum Setback Requirements
## a) Front Yard:
- (i) The minimum front yard setback shall be at the discretion of the Development Officer or Municipal Planning Commission who shall have concern for development or potential development on adjacent parcels and for the amenities of the area, but in no case shall the setback be permitted less than:
| Storeys | Distance |
|-----------|-------------------|
| 1 | 6.0 m (19.7 ft.). |
| 2 | 7.6 m (24.9 ft.). |
| 3 | 9.0 m (29.5 ft.). |
- (ii) The front yard setback standards may be varied by the Development Officer or Municipal Planning Commission with respect to corner parcels pursuant to Sections 3.6(4) and (5) and Section 4.19 of this Bylaw.
- b) Side Yard:
The minimum side yard setback shall be one-half the height of the building or 15% of the width of the parcel, whichever is greater.
- c) Rear Yard:
The minimum rear yard setback to the principal building shall be 7.6 m (24.9 ft.).
## 6. Parcel Coverage
- a) The maximum parcel coverage of all buildings shall be 40% of the area of the parcel.
- b) Notwithstanding Section 5.6(6)(a), the Development Officer or Municipal Planning Commission may vary the parcel coverage in the case of corner or double fronting parcels pursuant to Sections 3.6(4) and (5) and Section 4.19 of this Bylaw.
## 7. Dwelling Unit Density
Maximum density shall be seventy four (74) units to each net hectare (thirty units to each net acre) of the parcel upon which the development is proposed.
## 8. Principal Building Height
Shall not exceed 10.6 m (34.8 ft.). above grade.
## 9. Landscaping and Amenities
- a) The minimum landscaped area for row/cluster housing shall be 35% of the parcel.
- b) A minimum of 10% of the open space required pursuant to Section 5.6(9)(a) shall be provided for recreational purposes, and recreational equipment shall be provided on this area to the satisfaction of the Development Officer or Municipal Planning Commission.
- c) Each dwelling unit in row/cluster housing shall have one yard which serves as an outdoor living area for the occupants and this yard shall have a depth of 7.6 m (24.9 ft.).
- d) Within the 7.6 m (24.9 ft.). outdoor living area referred to in Section 5.6(9)(c), there shall be a privacy zone of 4.5 m (14.8 ft.). which is contained by a fence or other means of enclosure at least 1.5 m (4.9 ft.) in height.
## 10. Other Provisions
- a) Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
- b) General Parcel Provisions: refer to Part 4 of this Bylaw.
- c) Special Land Use Provisions: refer to Part 4 of this Bylaw.
- d) Parking and Loading Regulations: refer to Part 4 of this Bylaw.
- e) Sign Regulations: refer to Part 4 of this Bylaw.
## 5.7 RMHC - RESIDENTIAL - MANUFACTURED HOME COURT
## 1. General Purpose of District
This district is generally intended to provide for the placement of more than one manufactured home on a single parcel.
## 2. Permitted Uses
- Buildings and uses accessory to permitted uses
- Home Office
- Manufactured home court
- Manufactured homes
- Manufactured home court office
- Secondary Suites
## 3. Parcel Coverage
Dwellings - 28%.
Accessory buildings - 12%.
## 4. Maximum Height
The height of structures shall not exceed 6.0 m (19.7 ft.).
## 5. Parcel Area
Minimum court area shall be 2.0 ha (4.9 ac.).
## Discretionary Uses
- Buildings and uses accessory to discretionary uses.
- Day care facility
- Garage
- Day home
- Home Occupation
- Public utilities required to serve the immediate area
- Parks and playgrounds
- Other uses which, in the opinion of the Development Authority, are similar to the permitted and discretionary uses.
## 6. Unit Area, Depth and Yards
- a) The minimum area assigned for the exclusive or private use of each dwelling unit shall be 370.0 m? (3,982.8 ft2).
- b) All lots shall have a minimum depth of 46.2 m (140.0 ft.).
- c) Minimum Side Yard shall be 1.5 m (4.9 ft.) on one side and 3.0 m (9.8 ft.) on the other.
- d) Minimum Rear Yard shall be 6.0 m (19.7 ft.).
## 7. Development Requirements
- a) All roads in a manufactured home court should be graveled or hard-surfaced to the satisfaction of the Development Authority and shall have a width of at least 7.5 m (24.9 ft.) including a hard-surfaced sidewalk of at least 1.0 m (3.3 ft.) in width.
- b) All on-site municipal utilities shall be provided underground.
- c) Principal buildings must be separated from each other by at least 6.0 m (19.7 ft.).
- d) On-site traffic circulation patterns and lighting are to be to the satisfaction of the Development Authority.
## 8. Landscaping and Amenity Area
- a) All areas of a manufactured home court not occupied by private dwelling unit area, roads or other development, shall be landscaped to the satisfaction of the Development Authority.
- b) In manufactured home developments, a minimum of 40.0 m? (430.5 ft2) of common amenity area must be provided for each dwelling unit up to ten units, with an additional 3.0 m? (32.3 ftZ) for each unit above ten units.
- c) A screen fence shall be required along the side property line between any manufactured home development and abutting a single detached dwelling or district. The height of the screen fence shall be at the discretion of the Development Authority, but shall not be less than 1.0 m (3.3 ft.), nor exceed 2.0 m (6.5 ft.).
## 9. Other Provisions
- a) Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
- b) General Parcel Provisions: refer to Part 4 of this Bylaw.
- c) Special Land Use Provisions: refer to Part 4 of this Bylaw.
- d) Parking and Loading Regulations: refer to Part 4 of this Bylaw.
- e) Sign Regulations: refer to Part 4 of this Bylaw.
## 1. General Purpose of District
This District is generally intended to provide for single manufactured home development on individual subdivided parcels.
## 2. Permitted Uses
- Buildings and uses accessory to permitted uses
- Garden Suite
- Garage Suite
- Home Office
- Manufactured home
- Secondary Suites
## 3. Minimum Lot Area
Minimum Lot Area shall be 370.0 m' (3,982.8 ft?).
## 4. Parcel and Yard Regulations
- a) Minimum Front Yard shall be 7.0 m (22.9 ft.).
- b) Minimum Side Yard shall be 1.5 m (4.9 ft.) on one side and 3.0 m (9.8 ft.) on the other.
- c) Minimum Rear Yard shall be 6.0 m (19.7 ft.).
- d) Minimum Lot Depth shall be 46.2 m (140.0 ft.).
## Discretionary Uses
- Buildings and uses accessory to discretionary uses.
- Day care facility
- Day home
- Home Occupations
- Public utilities required to serve the immediate area
- Parks and playgrounds
- Show homes
- similar to the permitted and discretionary uses.
## 5. Other Provisions
- a) Aaministrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
- b) General Parcel Provisions: refer to Part 4 of this Bylaw.
- c) Special Land Use Provisions: refer to Part 4 of this Bylaw.
- d) Parking and Loading Regulations: refer to Part 4 of this Bylaw.
- e) Sign Regulations: refer to Part 4 of this Bylaw.
## 5.9 C1 - COMMERCIAL
## 1. General Purpose of District
This land use district is generally intended to provide for a wide variety of retail, commercial, and office uses to serve residents of Alberta Beach and surrounding communities.
## 2. Permitted Uses
- Bakery
- Bar
- Buildings and uses accessory to permitted uses
- Car wash
- Community facility
- Day care facility
- Education service
- Gas Bar
- Government service
- Office
- Park
- Personal service
- Pet grooming
- Recreation facility
- Restaurant
- Retail store
- Surveillance Suite
- Major or minor eating and drinking establishment
- Theatre or cinema
## 3. Subdivision Regulations
- a) Site area minimum shall be 475.0 m? (5113.0 ft2).
- b) Site area maximum shall be 1.5 ha (3.7 ac.).
## 4. Development Regulations
- a) Lot coverage maximum shall be 60%.
## Discretionary Uses
- : Bail Buildings and uses accessory to discretionary uses
- : Place of Worship
- Tourist information centre
- Veterinary clinic
- Other uses which, in the opinion of the Development Authority, are similar to the permitted and discretionary uses.
- b) Front, rear, and side yard setbacks shall be a minimum of 0.00 m.
- c) Building height maximum shall be 12.0 m (39.0 ft.).
- d) Notwithstanding Section 5.9(4)(b), and in addition to the provisions of Parts VI and VII of this Bylaw, side and rear yard setbacks immediately adjacent to a residential land use district shall be 3.0 m (9.8 ft.) or one-half the height of the building, to a maximum of 6.0 m (19.7 ft.), whichever is the greater distance.
## 5. Other Provisions
- a) Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
- b) General Parcel Provisions: refer to Part 4 of this Bylaw.
- c) Special Land Use Provisions: refer to Part 4 of this Bylaw.
- d) Parking and Loading Regulations: refer to Part 4 of this Bylaw.
- e) Sign Regulations: refer to Part 4 of this Bylaw.
## 5.10 C2 - COMMERCIAL - MIXED USE
## 1. General Purpose of District
This land use district is generally intended to provide for a wide variety of retail, commercial, and office uses with provision for a residential component; such as surveillance suites or residential suites over commercial street level development.
## 2. Permitted Uses
- Bar
- Bed and breakfast
- Buildings and uses accessory to permitted uses
- Community facility
- Daycare service
- Education service
- Government service
- Hotel
- Motel
- Office
- Park
- Personal service establishment
- Pet grooming
- Private club
- Recreation facility
- Repair service
- Restaurant
- Retail store
- Single Detached Dwelling
- Surveilance Suite
## 3. Minimum Parcel Width and Area
All new parcels to be created shall have a minimum parcel width of 13.0 m. (42.7 ft.) and a minimum parcel area not less than 477.5 m2 (5140.0 ftZ).
## 4. Parcel Coverage
Coverage of all buildings shall not exceed 60% of the total parcel area.
## Discretionary Uses
- Buildings and uses accessory to discretionary uses
- Gas Bar
- Car wash
- Garden centre
- Piace of Worship
- Parking facility
- Sea Can
- Theatre
- Tourist information centre
- Veterinary clinic
- Other uses which, in the opinion of the Development Authority, are similar to the permitted and discretionary uses.
## 5. Minimum Floor Area (not including attached garage)
The minimum floor area for a principal building shall be 93.0 m2 (1000.0 ft2).
## 6. Maximum Height
The height of all structures shall not exceed 9.0 m (29.5 ft.) and is subject to the provision of this Bylaw.
## 7. Minimum Front Yard Setback
- a) At the discretion of the Development Officer, but not less than 5.0 m (16.0 ft.).
- b) For accessory buildings see Section 4.8.
## 8. Minimum Side Yard Setback
- a) Minimum of 1.5 m (4.9 ft.).
- b) For accessory buildings see Section 4.8.
## 9. Minimum Rear Yard Setback
- a) Minimum of 7.6 m (24.9 ft.), except in the case of garages as in Section 4.8.
- b) For accessory buildings see Section 4.8.
Note: For accessory buildings adjacent to 50th Avenue, the Powerline setback requirements apply.
## 10. Length to Width Ratio
No dwelling in this district shall have a length to width (or width to length) ratio of greater than 2.0: 1.0. This rule shall not apply to those portions of a dwelling which are deemed by the Development Authority to be either deck or attached garage.
## 11. Other Provisions
- a) Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
- b) General Parcel Provisions: refer to Part 4 of this Bylaw.
- c) Special Land Use Provisions: refer to Part 4 of this Bylaw.
- d) Parking and Loading Regulations: refer to Part 4 of this Bylaw.
- e) Sign Regulations: refer to Part 4 of this Bylaw.
## 5.11 C3 - COMMERCIAL - HIGHWAY
## 1. General Purpose of District
This land use district is generally intended to provide for a wide variety of businesses. This district is predominately located along collector and arterial roads, and highways.
## 2. Permitted Uses
- Automotive services
- Bar
- Buildings and uses accessory to permitted uses
- Building supply centre
- Car wash
- Community facility
- Contractor services
- Education service
- Funeral home
- Garden centre
- Gas Bar
- Government service
- Major or minor eating and drinking establishment
- Hotel
- Motel
- Office
- Park
- Pet grooming
- Personal service
- Private club
- Repair service
- Recreation facility
- Restaurant
- Retail store
- Theatre or cinema
- Vehicle sales
- Tourist information centre
- Veterinary clinic
## Discretionary Uses
- Buildings and uses accessory to discretionary uses
- Daycare service
- Campground
- Drive-through establishment
- Mini storage
- Heavy vehicle and equipment sale and repair
- Parking facility
- Recycling depot
- Place of Worship
- Other uses which, in the opinion of the Development Authority, are similar to the permitted and discretionary uses.
3. Subdivision Regulations
- a) Site area minimum shall be 0.20 ha (0.50 ac.).
4. Development Regulations
- a) Lot coverage maximum shall be 60%.
- b) Front and flanking yard setbacks shall be a minimum of 6.0 m (19.7 ft.)
- c) Rear yard setback shall be a minimum of:
7. (i) 7.6 m (24.9 ft.) where a rear yard is used to provide vehicular access to the rear of the property;
8. (ii) 6.0 m (19.7 ft.) in all other cases.
- d) Side yard setback shall be a minimum of:
10. (i) 7.0 m (19.7 ft.) where a rear yard is used to provide vehicular access to the rear of the property;
11. (ii) 4.0 m (13.1 ft.) in all other cases.
- e) Building height maximum shall be 12.0 m (39.0 ft.).
- 1) Access to the site will be determined by the Development Authority.
6. Comprehensively Planned Development
- a) For a site with more than three buildings or larger than 1.0 ha (2.47 ac.), the following apply:
16. (i) A development may be composed of a number of individual lots if a comprehensive plan is prepared to the satisfaction of the Development Authority.
- (ii) The comprehensive plan must include all lands within the development, and show building design compatibilities, site layout, servicing, parking, landscaping, pedestrian and vehicular access and circulation, signage, garbage enclosures and fencing.
- (iii) Traffic signage must be provided to direct vehicular circulation.
- (iv)All accesses must be established at an adequate distance from an intersection to ensure sufficient space for the stacking of vehicles entering and exiting the site.
- (v) Buildings and landscaping should be the most prominent feature on the site.
- (vi)The internal pedestrian circulation system should be designed to have direct and visible connections to the public sidewalk, and facilitate safe pedestrian movement throughout the site.
## 7. Other Provisions
- a) Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
- b) General Parcel Provisions: refer to Part 4 of this Bylaw.
- c) Special Land Use Provisions: refer to Part 4 of this Bylaw.
- d) Parking and Loading Regulations: refer to Part 4 of this Bylaw.
- e) Sign Regulations: refer to Part 4 of this Bylaw.
## 5.12 M1 - LIGHT INDUSTRIAL
## 1. General Purpose of District
This land use district is generally intended to provide for commercial and light industrial uses.
## 2. Permitted Uses
- Automotive services
- Auto body shop
- Auctioneering
- Building supply centre
- Buildings and uses accessory to permitted uses
- Car wash
- Contractor services
- Garden centre
- Gas Bar
- Greenhouse
- Heavy vehicle and equipment sale and repair
- Heavy vehicle and equipment wash facility
- Kennel
- Landscaping supply
- Office
- Park
- Personal service
- Recycling depot
- Pet grooming
- Retail store
- Sea Can
- Warehousing
- Vehicle sales
## 3. Subdivision Regulations
- a) Site area minimum shall be 0.40 ha (1.0 ac.).
## Discretionary Uses
- Abattoir
- Adult entertainment
- Buildings and uses accessory to discretionary uses
- Campground
- Bulk fuel sale and distribution
- Crematorium
- Drive-through establishment
- Hotel
- Education service
- Kennel
- Personal service
- Motel
- Private club
- Recreation facility
- Place of Worship
- Restaurant
- Surveillance Suite
- Other uses which, in the opinion of the Development Authority, are similar to the permitted and discretionary uses.
4. Development Regulations
- a) Lot coverage maximum shall be 60%.
- b) Front and flanking yard setbacks shall be a minimum of 6.0 m (19.7 ft.).
- c) Rear yard setback shall be a minimum of:
5. (i) 7.6 m (24,9 ft.) where a rear yard is used to provide vehicular access to the rear of the property;
6. (ii) 6.0 m (19.7 ft.) in all other cases.
- d) Side yard setback shall be a minimum of:
8. (i) 7.0 m (19.7 ft.) where a rear yard is used to provide vehicular access to the rear of the property;
9. (ii) 4.0 m (13.1 ft.) where the rear yard abuts a residential district;
10. (iii)2.0 m (6.7 ft.) in all other cases.
- e) Building height maximum shall be 12.0 m (39.0 ft.).
- f) Access to the site will be determined by the Development Authority.
## 8. Other Provisions
- a) Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
- b) General Parcel Provisions: refer to Part 4 of this Bylaw.
- c) Special Land Use Provisions: refer to Part 4 of this Bylaw.
- d) Parking and Loading Regulations: refer to Part 4 of this Bylaw.
- e) Sign Regulations: refer to Part 4 of this Bylaw.
## 5.13 P- PARK
## 1. General Purpose of District
This land use district is generally intended to provide for land for the development of parks.
2. Permitted Uses
- Buildings and uses accessory to permitted uses
- Park
- Campground
- Recreation facility
## 3. Development Regulations
- a) General Requirements:
2. (i) Site regulations will be at the discretion of the Development Authority.
- b) Front, rear, side and flanking yard setbacks shall be a minimum of 4.0 m (13.1 ft.).
- c) Discretionary Commercial Uses:
5. (i) Bar, restaurant, and retail uses will only be allowed in conjunction with a permitted use.
## 4. Other Provisions
- a) Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
## Discretionary Uses
- Cemetery
- Parking facility
- Community facility
- Place of Worship
- Retail
- Restaurant
- Tourist information centre
- Other uses which, in the opinion of the Development Authority, are similar to the permitted and discretionary uses.
- b) General Parcel Provisions: refer to Part 4 of this Bylaw.
- c) Special Land Use Provisions: refer to Part 4 of this Bylaw.
- d) Parking and Loading Regulations: refer to Part 4 of this Bylaw.
- e) Sign Regulations: refer to Part 4 of this Bylaw.
## 5.14 UR - URBAN RESERVE
## 1. General Purpose of District
This land use district is generally intended to reserve those areas within Alberta Beach that are rural in character or land use for development that is urban in character and density. When development on lands within this land use district is proposed, other than for the uses and development prescribed in this land use district and at any time when subdivision on lands within this land use district is proposed, such development or subdivision will require redistricting the subject lands to the appropriate land use district.
## 2. Permitted Uses
- Agriculture
- Buildings and uses accessory to permitted uses
- Home Office
- Park
- Manufactured Home
- Modular Home
- Secondary Suite
- Single Detached Dwelling
## 3. Subdivision Regulations
- a) Density (Maximum):
2. (i) One dwelling unit per lot;
3. (ii) An additional dwelling unit may be allowed where, in the opinion of the Development Authority, a second dwelling unit or secondary suite will not make future development difficult.
## Discretionary Uses
- Auctioneering
- : Beilings akast Buildings and uses accessory to discretionary uses
- Campground
- Day Home
- .. Cemetery
- Place of Worship
- Retail
- Restaurant
- Tourist information centre
- Other uses which, in the opinion of the Development Authority, are similar to the permitted and discretionary uses.
- b) Site area minimum shall be 8.0 ha (19.8 ac).
- c) Area Structure Plan Requirement
3. (i) The preparation and adoption of an area structure plan will be required by the Development Authority prior to consideration of an application for redistricting or subdivision.
## 4. Development Regulations
- a) Front, side, rear, and flanking yard setback shall be a minimum of 6.0 m (19.7 ft.).
- b) Building height maximum shall be 10.0 m (33.0 ft.), except in the case of buildings or structures accessory to a farm operation.
- c) Agricultural Uses:
4. (i) Agricultural uses must not include any intensive agricultural developments;
5. (ii) Structures related to agricultural uses involving livestock will not be permitted within 100.0 m (328.1 ft.) of a residential or commercial district.
- d) Future Development Considerations The Development Authority may specify the length of time a use is permitted in this district, having regard for the servicing and future urban development
7. of the subject land.
## 5. Other Provisions
- a) Administrative procedures and regulations: refer to Parts 1-3 of this Bylaw.
- b) General Parcel Provisions: refer to Part 4 of this Bylaw.
- c) Special Land Use Provisions: refer to Part 4 of this Bylaw.
- d) Parking and Loading Regulations: refer to Part 4 of this Bylaw.
- e) Sign Regulations: refer to Part 4 of this Bylaw.
## 5.15 US - URBAN SERVICES
## 1. General Purpose of District
This district is generally intended to establish an area for the development of public and/or privately owned institutions or community services.
## 2. Permitted Uses
- Buildings and uses to permitted uses.
- Day care facility
- Library
- Municipal Office
- School
## Discretionary Uses
- Cemetery
- Protective & Emergency Services
- Extended Medical Treatment Facility
- Parks and playgrounds
- Public uses
- Places of public assembly
- Buildings and uses accessory to discretionary uses
- Other uses which, in the opinion of the Development Authority, are similar to the permitted and discretionary uses.
## 3. Development Regulations for Permitted and Discretionary Uses
All parcel regulations shall be at the discretion of the Development Authority. The design, siting, landscaping, screening and buffering shall minimize and compensate for any objectionable aspects or potential incompatibility with development in abutting districts.
## DC - DIRECT CONTROL
## 1. General Purpose of District
To enable land use and development to occur in areas of special character or circumstance. Interim uses may be allowed provided they do not preclude or significantly increase cost for development, conversion or redevelopment in terms of the existing and future urban infrastructure. Proposed developments are subject to the regulations below and such rules with respect to land generally or specifically as Council may make from time to time and as described within policies of the Municipal Development Plan or any other statutory plan in effect. Pursuant to Part III of the Bylaw, all proposals will be received, considered and decided upon by Council.
## 2. Development Regulations for Permitted and Discretionary Uses
As prescribed by Council
## 3. Development Regulations for Permitted and Discretionary Uses
- a) All parcel regulations shall be at the discretion of the Development Authority. The design, siting, landscaping, screening and buffering shall minimize and compensate for any objectionable aspects or potential incompatibility with development in abutting districts.
- b) The design, siting, landscaping, screening and buffering shall minimize and compensate for any objectionable aspects or potential incompatibility with development in this land use district or abutting land use districts.
- c) In evaluating a proposed land use or a development, Council:
4. (i) shall have regard for, but not limited to:
- A. the existing use of land,
- B. the uses, regulations and development criteria specified in the land use district superseded by this land use district,
- C. the general and special regulations as contained elsewhere in this Bylaw,
- D. the land use regulations of adjoining land use districts, and
3. (il) shall comply with the Municipal Government Act, Subdivision Regulation, Municipal Development Plan and any statutory plan in effect.
## 4. Land Use Agreement
- a) An applicant may be required to enter into a legal land use agreement with the Municipality to ensure that the use and development of land and buildings on the parcel complies with the approved development plan, as a condition of a development permit issued pursuant to the Direct Control District.
- b) The land use agreement shall run as a restrictive covenant against the title of the parcel and shall serve to restrict the development of land in accordance with the approved development plan.
- c) The land use agreement may also provide that the applicant post security in such form and amount as may be approved by Council to ensure performance with the terms of the agreement.
- d) An agreement made pursuant to this Direct Control District may specify a time period for which it is to remain in effect.
## PART 6 - ADMINISTRATION
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## 6.1 SCHEDULES
Schedule A is part of this Bylaw. Schedule A is the Land Use Map.
## 6.2 REPEALING EXISTING CONTROLS
Bylaw No. 141-98, and all amendments thereto, is hereby repealed.
## 6.3 DATE OF COMMENCEMENT
This Bylaw comes into effect upon the date of it finally being passed.
READ A FIRST TIME IN COUNCIL THE 16th DAY OF May, AD 2017.
Kothy Skuschuck.
Mayor Chief Administrative Officer READ A SECOND TIME IN COUNCIL THE 19th DAY OF September, AD 2017.
Kathy Stewarchulk
Mayor Chief Administrative Officer READ A THIRD AND FINAL TIME IN COUNCIL THE 1gth DAY OF September, AD 2017.
sendint
Mayor
Kathy skerchik
Chief Administrative Officer
## 6.4 SCHEDULE "A"
## BUT FORMS PART OF THE LAND USE BYLAW
## LAND USE BYLAW MAP LAND USE DISTRICT MAP IS SHOWN SEPARATELY
## INDEX OF KEY WORDS IN THE TEXT
| accessory8, 9, 13, 14, 15, 19, 20, 21, 34, 44, 47, 48, 50, 51, 60, 68, 69, 74, 75 |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| accessory building... 8, 9, 13, 14, 21, 44, 48, 60 adjacent. 8, 9, 14, 15, 29, 33, 42, 45, 50, 52, 56, 58, 60, 64, |
| 71,73 agriculture. ...76 ...........8 |
| amenity area |
| animals... appeal ........13, 64 24, 27, 35, 36, 39, 40 |
| area structure plan. |
| ...9,23 bed and breakfast.. ... 61, 62 |
| boathouse... ....8 canopy... |
| 22, 23, 63, 64 |
| chattel.... ....58 |
| contravention. ..40,41 |
| corner parcel. ... 12,13 |
| deck.... ...17 .........10 |
| demolition....... |
| development. 6, 7, 8, 10, 11, 12, 16, 17, 19, 20, 21, 22, 24, |
| 26, 27, 30, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50, 51, 53, 55, 56, 57, 59, 60, 61, 62, 64, 70, 71, 72, 73, 74, 75, 76 discontinued ...11 |
| discretionary use ......... .... 16, 34, 37 dwelling 8, 10, 11, 13, 14, 15, 16, 17, 21, 22, 23, 24, 32, 34, 44, 47, 48, 51, 53, 54, 59, 60, 61, 62, 76 |
| easement... ......32 |
| effective date excavation ....7,31 10,33,58 |
| fences..... ...31, 59 |
| fire pits. 34, 65, 71 |
| Magpole. -....... |
| floor area . 14, 23, 32, 38, 48, 49, 51, 54, 55, 57 |
| foundation front yard. .12, 32,47 ..... 19,25, 33, 34, 48, 51, 52, 59 |
| garage. -13, 14, 17, 21, 48, 49, 50, 60, 61, 68 |
| garden suite 14, 21,49 |
| gates. .....31 |
| grade. .....9, 10, 13, 14, 18, 21, 23, 33, 50, 52, 63, 73 guest house. |
| hard surfacing ....14 .33 |
| hazardous material high water mark .....60 ... 14,25 .59, 61 |
| home occupations |
home office.
| lakefront... ...34 ...33 |
|---------------------------------------------------------------------------------------------------------------------------------|
| lakeshore.. 8, 15, 71 |
| landscaping.. |
| ... 3, 46, 47, 50, 70, 71, 74, 75 lane... - 23, 24, 32, 48, 66 |
| liquor.. .....21 livestock. |
| ... 13, 64 major.... |
| ..... 14, 16, 19 |
| manufactured home.... --15, 16, 17, 23, 44, 76 |
| minor ... .. 9,75 |
| mobile home... .... 17,23 |
| modular home.. 17,23,76 |
| non-conforming ... 12 notices........ ... 30 |
| parapet wall... |
| ..... 9,23 parcel....8, 10, 11, 12, 13, 15, 17, 18, 19, 20, 21, 22, 25, 32, |
| 35, 36,44, 45, 46, 47, 48, 51, 52, 54, 55, 56, 57, 59, 62, 68, 72, 74, 75 |
| park.......... ...9, 15, 17, 44, 70, 71, 72, 73 parking10, 11, 15, 18, 19, 24, 33, 35, 47, 49, 51, 53, 55, 56, 57, 60, 62, 71, 73 |
| parks....... ..... 12,56 permit applications.. . 37, 46, 61 permitted use... |
| .... 37,44 principal bullding |
| . 8, 13, 14, 44, 48, 49, 59, 61, 63 principal use.. ...8, 13, 20, 44, 56, 60 |
| privy... ... 22 ...... 35 |
| processing fee |
| prohibited... .. 24,58 projections..... |
| ..... 18 radio towers... .. 33 |
| recreational equipment ..20 |
| recreational use... .... 21 |
| recreational vehicle... . 24, 71, 72, 73 refusal... .... 36, 37, 38 |
| relocation .... 16, 17,45 |
| residential..8, 15, 24, 32, 34, 44, 48, 51, 56, 57, 58, 59, 61, 62,71 |
| restricted ...... 58 |
| schools.. .. 14,55 |
| secondary suite. separation space - 49,51 |
| setback... sewage disposal system .....21 .37, 38, 49, 51, 62, 63 ... 11 |
shed.
sight triangle
signs...
site plan...
single detached dwelling
storey..
subdivision authority...
subdivision and development appeal board.
...32
...52
.. 11, 32, 33, 34, 62, 73
... 13, 17, 32
...........45
13, 21, 23
........24
...24
...31
| temporary building... ...31 |
|-----------------------------------------------------|
| temporary living accommodations... ......12 |
| traffic.... ..... 19,23, 32, 33, 34, 47, 58, 60, 63 |
| urban services .....56 |
| utility.. ..12, 14, 15, 20, 24, 32, 33, 55, 71 |
| variance. .. 37, 38 |
| windows .....50 |
| yard... 25, 33, 37,47, 49, 50, 51, 52, 58, 64 |