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VILLAGE OF AMISK
LAND USE BY-LAW
BY-LAW #291
June, 1998
Note:
This document has been prepared for convenience only. The official By-law. and any
amendments thereto, which are available from the office of the Village Administrator, should be
consulted for all purposes of interpretation and application.
TABLE OF CONTENTS
PART ONE - GENERAL
Page
1.1
Title
1
1.2
Purpose
1
l .3
Interpretation
1
,
1.4
Establishment of Districts
7
i",
1.5
Establishment of Land Use District Regulations
8
PART TWO - AGENCIES
2.1
Development Authority
9
2.2
Subdivision and Development Appeal Board
9
PART THREE - DEVELOPMENT PERMITS, RULES AND PROCEDURES
3.1
3.2
3.3
3.4
3.5
Control of Development
10
Development Not Requiring a Development Permit
Non-Conforming Buildings and Uses
Permission for Development
Development Permits and Notices
PART FOUR - APPEALS
W
4.1
4.2
4.3
Appeal Procedure
Public Hearing
Decision
PART FIVE - ENFORCEMENT AND ADMINISTRATION
5.1
5.2
5.3
5.4
5.5
5.6
5.7
Contravention
10
ll
ll
13
15
15
16
17
Application to Amend By-law
18
Form of Application
18
Amending By--laws
19
Schedules
I9
Repealing Existing Controls
19
Date ofCommencement
l9
SCHEDULE A - LAND USE DISTRICT MAP
{W'
SCHEDULE B - SCHEDULE OF LAND USE DISTRICT REGULATIONS
PART ONE - GENERAL PROVISIONS
1.1
1.2
Plans of Subdivision
Dwelling Units on a Lot
20
21
21
1.3
Existing Substandard Lots
Page
2 l
1.4
Site Conditions
1.5
Fences and Walls
21
21
1.6
Access, Parking and Loading Spaces
21
1.7
Protection from Exposure Hazards
1.8
Sour Gas Facilities
22
22
1.9
Projection into Yards
1.10
Accessory Buildings
23
23
1.11
Service Stations (Including Gas Bars)
25
1.12
Motels
26
1.13
Neighbourhood Shopping Centres
1.14
Multiple Dwelling Developments
PART TWO - SPECIAL PROVISIONS
2.1
Definitions
2.2
Exemptions from this Part
27
27
29
30
2.3
Details ofApplication
32
2.4
General Provisions
2.5
Fascia Signs
2.6
Marquee and Canopy Signs
33
33
34
2.7
Roof Signs
34
2.8
Projecting Signs
34
2.9
Free-Standing Signs
35
2.10
Billboards
36
2.11
Illuminated Roof and Sky Signs
37
2.12
Variances
2.13
Existing Signs
PART THREE - DISTRICT SCHEDULES
3.1
Residential District - R
37
37
38
3.2
Residential Manufactured Home Subdivision District - RMHl
41
3.3
Commercial District - Cl
3.4
Commercial District - C2
3.5
Industrial District -- M
3.6
Community District - P
3.7
Institutional District - I
3.8
Urban Reserve District - UR
43
46
48
49
50
51
BY-LAW #291
LAND USE BY-LAW
Pursuant to the Municipal Government Act, 1994. as amended, the Council of the Village of
Amisk duly assembled, hereby enacts as follows:
1.1
1.2
1.3
PART ONE - GENERAL
Title
The title of this By-law shall be the Land Use By-law of the Village of Amisk.
Purpose
The purpose of this By-law is to prohibit or regulate and control the use and development
of land and buildings within the municipality to achieve the orderly and economic
development of land, and for that purpose amongst other things:
(1)
to divide the municipality into districts;
(2)
to prescribe and regulate for each district the purposes for which land and
buildings may be used;
(3)
to establish a method of making decisions on applications for development
permits;
(4)
to provide the manner in which notice of the issuance ofa development permit is
to be given; and
(5)
to establish the number of dwelling units permitted on a lot.
Interpretation
In this By-law
(l)
"accessory building: means a building separate and subordinate to the main
building, the use ofwhich is incidental to that of the main building and is located
on the same lot;
(2)
"accessory use" means a use customarily incidental and subordinate to the main
use or building, which is located in the same lot with such main use or building;
(3)
"Act" means the Municipal Government Act, 1994, as amended;
(4)
"apartment" means a dwelling containing three (3) or more dwelling units, but
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
shall not mean row housing;
"building" includes anything constructed or placed on, in, over, or under land but
does not include a road or a bridge forming part of a road;
"corner lot" means a lot with boundary lines on two separate roads or a single road
that curves at an angle of sixty (60) degrees or more at the subject lot. For the
purposes of this definition, a road shall not include a lane;
"Council" means the Council of the Village ofAmisk;
"day home" means a provincially licensed child care facility operated from a
residence supplying supervision of a maximum of six (6) children under the age of
eleven (1 1) years including any resident children. A day home shall supply an
outside play space that is both fenced and gated, and shall meet all fire regulations
and health regulations;
"development" means:
(a)
an excavation or stockpile and the creation of either of them, or
(b)
a building or an addition to or replacement or repair ofa building and the
construction or placing of any ofthem in, on, over or under land, or
(c)
a change of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the use of the
land or building, or
(d)
a change in the intensity of use of land or a building or an act done in
relation to land or a building that results in or is likely to result in a change
in the intensity of use ofthe land or building;
"Development Authority" means the Development Authority established by the
municipality's Development Authority By-law and appointed by Council;
"development permit" means a document authorizing a development issued
pursuant to this By-law;
"discretionary use" means the use of land or a building provided for in this By-law
for which a development permit may be issued upon an application having been
made;
"duplex" means a dwelling containing two (2) dwelling units which share a
common wall, and which are located either side by side or one above the other and
which may or may not share a common access;
"dwelling" means any building used exclusively for human habitation and which
is supported on a permanent foundation or base extending below ground level.
2
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
This definition shall include one family dwellings, duplexes, row housing, and
apartments, and manufactured homes;
"dwelling unit" means a complete dwelling or self-contained portion ofa
dwelling, or a set or suite ofrooms which contains sleeping, cooking and
separated or shared toilet facilities, intended for domestic use, and used or
intended to be used permanently or semi-permanently as a residence for a
household, and which is not separated from direct access to the outside by another
separate dwelling unit;
"family care facility" means a facility which provides resident service in a
dwelling to six (6) or fewer individuals who are not related to the resident
household. These individuals are handicapped, aged, disabled, or in need ofadult
supervision and are provided service and supervision in accordance with their
individual needs. This category includes boarding homes for children, group
homes and family homes;
"floor area" means the total area of all floors of all buildings, not including
accessory buildings, located on any lot, excluding the area ofbasement floors,
except that all dwelling units in apartment buildings shall be included in the
calculation of floor area;
"floor area ratio" means the ratio or decimal resulting from dividing the gross
floor area of all buildings by the total area of the lot on which the buildings are
located;
"front line" means the boundary line of a lot lying adjacent to a road. In the case
of a comer lot, the shorter of the two boundary lines adjacent to the road shall be
considered the front line;
"front yard" means a yard extending across the hill width of a lot from the front
line to the nearest wall ofthe main building situated on the lot. In the case ofa
curved front line, the front yard will also form a curve;
"gross leasable floor area" means that portion ofthe floor area leased to a tenant
for his exclusive use and does not include any common areas such as an internal
mall, stairs, washrooms, etc. to be used by the complex as a whole;
"ground floor area" means the total area of a lot including accessory buildings
which is covered by any building or structure;
"group care facility" means a facility which provides resident services to seven (7)
or more individuals of whom one or more may be related. These individuals are
handicapped, aged, or disabled, and undergoing rehabilitation, and are provided
services to meet their needs. This category includes supervised uses such as group
homes (all ages), halfway houses, resident schools, resident facilities, or boarding
homes;
(24)
(25)
(26)
"group home" means a building or portion of a building used for the care of
rehabilitation of children, adolescents or adults;
"home occupation" means a business, occupation, trade, profession, or craft
carried on by an occupant of a dwelling as a use secondary to the residential use of
the building which does not change the character thereof or have any exterior
evidence of such secondary use; and further, provided that:
(a)
a home occupation shall not normally include a beauty parlour, a barber
shop, or a dance school,
(b)
there shall be no exterior display or advertisement,
(c)
there shall be not exterior storage of materials, commodities, or finished
products,
(d)
there shall be no mechanical equipment used except when ordinarily used
for housekeeping purposes or hobbies,
(e)
no commodity other than the principal product or service of the home
occupation shall be sold on the premises,
(f)
the use will not generate parking problems within the District, and
(g)
nothing of an offensive or objectionable nature, as herein defined, shall be
permitted and provided further that, subject to compliance with the
regulations contained herein, the following uses are deemed to be
customary home occupations:
(i)
dressmaking and millinery, homecooking and preserving and
similar domestic crafts,
(ii)
the manufacture of novelties, souvenirs and handcrafis as an
extension of a hobby,
(iii)
small collectible (such as stamps, coins and cards) collecting and
sales,
(iv)
individual instruction to music students,
(v)
the carrying out ofminor repairs to domestic equipment normally
used within dwellings,
(vi)
the ofiices of business people or professionals, provided no clients
or employees, other than residents of the dwelling, come to the
premises, and
(vii)
other activities deemed appropriate by the Development Authority.
"light industrial use" means manufacturing, fabricating processing, repairing,
storing, wholesaling, and/or distribution of goods and materials in such a manner
that all activities take place inside buildings and no noise, dust, glare, heat, or any
other emission is evident outside the building;
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
"lot" means:
(a)
a quarter section, or
(b)
a river or a settlement lot shown on an official plan referred to in the
Surveys Act that is filed or lodged in a Land Titles Office, or
(c)
a part of a parcel of land described in a certificate of title if the boundaries
of the part are separately described in the certificate of title other than by
reference to a legal subdivision, or
(d)
a part of a parcel of land described in a certificate of title if the boundaries
of the part are described in a certificate of title by reference to a plan of
subdivision;
"lot coverage" is a calculation of the ground floor area divided by the area of the
lot.
"lot width" means the length ofa line parallel to the front line or, in a lot with a
curved front line, perpendicular to a line running between the mid-point ofthe
front line and the mid-point of the rear line, measured at a distance from the front
line equal to the minimum required front yard;
"main building" means a building in which is conducted the main or principle use
of the lot on which it is erected;
"manufactured home" means a dwelling that is designed to be transported on its
own wheels or by other means, and upon arriving at the site for location is, apart
from incidental operations such as placement of foundation supports and
connections of utilities, ready for year round use as accommodation for a single
household. This definition shall include a dwelling that would otherwise be
considered to be a one family dwelling ifthe ratio ofdepth vs. width (or width vs.
depth) were less than 2.5: l , or if the depth of eaves were greater than 0.3 m. If the
ratio is greater than 2.5:1 or if the depth of eaves is less than 0.3 m, the dwelling
shall be considered to be a manufactured home unit;
"municipality" means the Village ofAmisk;
"neighbourhood shopping centre" means a building or a group of buildings
containing retail commercial operations of the convenience type, such as a grocery
store, personal service shops, banks, etc.;
"non-conforming building" means a building:
(a)
that is lawfully constructed or lawfully under construction at the date a
land use By-law or any amendment thereof affecting the building or the
land on which the building is situated becomes effective, and
(35)
(36)
(37)
(38)
(39)
(40)
(41)
(42)
(43)
(44)
(45)
(b)
that on the date the land use By-law becomes effective does not, or when
constructed will not, comply with the land use By-law;
"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 a land use By-law affecting the land
or building becomes effective, and
(b)
that on the date the land use By-law becomes effective does not, or in the
case of a building under construction will not, comply with the land use
By-law;
"one family dwelling" means a dwelling consisting ofone (1) dwelling unit;
"owner" means:
(a)
in the case of land owned by the Crown in right of Alberta or the Crown in
right of Canada, the Minister of the Crown having the administration of
the land, or
(b)
in the case of any other land, the owner of the land according to the
municipality's assessment roll.
"permitted use" means the use of land or a building provided for in this By-law for
which a development permit shall be issued upon an application having been
made, provided that all of the regulations of this By--law are satisfied;
"public utility" means a public utility, as defined in the Act;
"rear line" means the boundary line of a lot lying opposite to the front line of the
parcel and/or farthest from a road;
"rear yar " means a yard extending across the fiill width ofa lot from the nearest
wall of the main building situated on the lot to the rear line of the lot;
"rentable unit" means a separate unit on ofa motel development used or intended
to be used for the temporary dwelling accommodation ofone or more persons;
"road" shall mean a "road" as defined in the Act, and, for the purposes ofthis By-
law, shall include a highway;
"row housing" means a dwelling or dwellings, each ofwhich consists of at least
three (3) dwelling units with each unit having direct access to the outside grade,
but shall not mean "apartment";
"side line" means the boundary line of a lot lying between a front line and a rear
line of a lot. In the case ofa comer lot, the longer of the two boundary lines
6
1.4
(46)
(47)
(43)
adjacent to the road shall be considered a side line;
"side yar " means a yard extending from the nearest wall of the main building
situated on a lot to the side line, and lying between the front and rear yards on the
lot;
"Subdivision and Development Appeal Board" means the Subdivision and
Development Appeal Board established by the Council by the Subdivision and
Development Appeal Board By-law adopted pursuant to the Act;
"yard" means a part of a lot upon or over which no main building is to be erected;
and all other words and expressions have the meanings respectively assigned to them in
the Act or in other Acts of the Legislature or in common law.
Establishment of Districts
(1)
(2)
(3)
For the purpose of this By-law, the Village of Amisk is divided into the following
Districts:
R
-
Residential District
RMHI
-
Residential Manufactured Home Subdivision District
Cl
-
Commercial District
C2
-
Commercial District
M
-
Industrial District
P
-
Community District
I
-
Institutional District
UR
-
Urban Reserve District
The boundaries of the districts listed in subsection (1) are as delineated on the
Land Use District Map, being Schedule A hereto.
Where uncertainty exists as to the boundaries of Districts as shown on the Land
Use District Map, the following rules shall apply:
Rule 1.
Where a boundary is shown as following a road, lane, or water
course, it shall be deemed to follow the centre line thereof.
Rule 2.
Where a boundary is shown as approximately following a lot line,
it shall be deemed to follow the lot line.
Rule 3.
In circumstances not covered by Rule 1 or 2, the location ofthe
boundary shall be determined:
(a)
where dimensions are set out on the Land Use District Map,
by the dimensions so set, or
7
1.5
(4)
(5)
(6)
(b)
where no dimensions are set out on the Land Use District
Map with respect to such boundary, by measurement ofand
use of the scale shown on the Land Use District Map.
Where the application of the above rules does not determine the exact location of
the boundary ofa District, the Council either on its motion or upon written
application being made to it by any person requesting the determination ofthe
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 By-law and the
degree of detail as to measurements and directions as the circumstances may
requrre.
After the 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 By--law.
The Development Authority shall maintain a list of Council's decisions with
respect to boundaries or portions thereoffixed by Council.
Establishment of Land Use District Regulations
Land Use District regulations shall be as set forth in the Schedule of Land Use District
Regulations, being Schedule B hereto, which Schedule is hereby adopted to be part ofthis
By-law, and which may be amended in the same manner as any other part ofthis By-law.
2.1
2.2
PART TWO - AGENCIES
Development Authority
(1)
(2)
(3)
(4)
For the purposes of this By-law, the Development Authority shall be the person or
persons appointed to be the Development Authority pursuant to the municipality's
Development Authority By-law.
The Development Authority shall perform such duties and responsibilities that are
specified in Part Three and in the Schedules of this By-law.
The Development Authority shall keep and maintain for the inspection ofthe
public during all reasonable hours, a copy of this By-law and all amendments
thereto; keep a register of all applications for development, including the
decisions thereofand the reasons therefore.
For the purposes of Section 542 of the Act, the Development Authority is hereby
declared to be the designated officer.
Subdivision and Development Appeal Board
The Subdivision and Development Appeal Board established by the municipality's
Subdivision and Development Appeal Board By--law shall perform such duties as are
specified in Part Four of this By-law.
3.1
3.2
PART THREE - DEVELOPMENT PERMITS,
RULES AND PROCEDURES
Control of Development
No development other than that designated in Section 3.2 shall be undertaken within the
municipality unless an application for it has been approved and a development permit has
been issued.
Development Not Requiring a Development Permit
The following development shall not require a development permit:
(1)
The carrying out of works of maintenance or repair to any building, provided that
such works do not include structural alterations or major works of renovation that
would require a building permit.
(2)
The completion of a building which was lawfully under construction at the date of
the first publication of the notice required by the Act, provided that the building is
completed in accordance with the terms ofany permit granted in respect of it and
subject to the conditions to which such permit was granted, and provided also that
the building, whether or not a permit was granted in respect of it, is completed
within a period oftwelve (l 2) months from the said date of the first publication of
the notice.
(3)
The use of any such buildings as referred to in subsection (2) for the purpose for
which construction was commenced.
(4)
The erection, construction, or maintenance, improvement or alteration of gates,
fences, walls or other means of enclosure (other than on corner lots or where
abutting on a road used by vehicular traffic) less than 1.0 m in height in fi'ont
yards and less than 2.0 m in side and rear yards, and the maintenance,
improvement and other alterations ofany gates, fences, or walls or other means or
enclosure.
(5)
A temporary building, the sole purpose of which is incidental to the erection or
alteration of a building, for which a permit has been issued under this By-law.
(6)
The maintenance and repair of public works, services and utilities carried out by
or on behalfof federal, provincial and municipal public authorities on land which
is publicly owned or controlled.
(7)
An accessory building or structure in a Residential District with a gross floor area
of under 10 m2, unless the accessory building or structure does not satisfy the
regulations indicated in Section 1.10 of Schedule B hereof.
lO
3.3
3.4
(8)
(9)
Landscaping where the proposed grades will not adversely affect the subject or
adjacent parcels of land, including the hard-surfacing of part ofa lot in a
Residential District for the purposes of providing vehicular access from a road to
an attached or detached garage or carport.
The demolition or removal ofany building or structure for which erection a
development permit would not be required pursuant to subsections (4) through (7)
above, both inclusive.
Non-Conforming Buildings and Uses
(1)
(2)
(3)
(4)
(5)
(6)
A non-conforming use of land or a building may be continued, but if that use is
discontinued for a period of six (6) consecutive months or more, any future use of
the land or building must conform with this By--law.
A non-conforming use of part ofa building may be extended throughout the
building but the building, whether or not it is a non-conforming building, may not
be enlarged or added to and no structural alterations may be made thereto or
therein.
A non-confonning use of part of a lot may not be exceeded or transferred in whole
or in part to any other part of the lot and no additional buildings may be
constructed upon the lot while the non-conforming use continues.
A non-conforming building may continue to be used but the building may not be
enlarged, added to, rebuilt or structurally altered except:
(a)
to make it a conforming building,
(b)
for the routine maintenance of the building, ifthe Development Authority
considers it necessary, or
(c)
in accordance with the powers possessed by the Development Authority
pursuant to the Act and Section 3.4(9) of this By-law to approve a
development permit notwithstanding any non-compliance with the
regulations of this By-law.
If a non-conforming building is damaged or destroyed to the extent ofmore than
75 percent of the value of the building above its foundation, the building may not
be repaired or rebuilt except in accordance with this By--law.
The use of land or the use ofa building is not affected by a change of ownership,
tenancy, or occupancy of the land or building.
Permission for Development
(1)
An application for a development permit shall be made to the Development
Authority in writing, in the form required by the Development Authority, and
l l
(2)
(3)
(4)
(5)
(6)
(7)
shall be accompanied by:
(a)
a site plan showing the legal description; the fi'ont, rear, and side yards, if
any; any provision for off-street loading and vehicle parking; and access
and egress points to the site;
(b)
a statement of the proposed uses; and
(c)
a statement ofownership ofthe land and the interest of the applicant
therein.
Each application for a development permit shall be accompanied by a fee as
established by resolution of Council.
The Development Authority may also require additional information in order to
assess the conformity of a proposed development with this By-law before
consideration of the development permit application shall commence. Such
information may include floor plans, elevations and sections ofany proposed
buildings; grading and landscaping plans; and, in the case of the placement of an
already constructed or partially constructed building on a lot, information relating
to the age and condition of the building and its compatibility with the District in
which it is to be located.
The Development Authority shall receive, review, consider and decide on all
applications for a development permit.
In making a decision, the Development Authority may approve the application
unconditionally, approve the application subject to those conditions considered
appropriate, approve the application permanently or for a limited period of time,
or refuse the application.
The Development Authority may require that as a condition of issuing a
development permit, the applicant enter into an agreement to construct or pay for
the construction of roads, pedestrian walkways or parking areas which serve the
development or which connect the walkway with another walkway system that
serves or is proposed to serve an adjacent development, to install or pay for the
installation of public utilities other than telecommunications systems or works, to
pay an off-site levy, and/or to give security to ensure that the terms ofthe
agreement noted herein are carried out.
In the case where an application for a development permit has been refused
pursuant to this Part or ultimately after appeal pursuant to Part Four of this By-
law, the Development Authority may or may not, at his sole discretion, accept the
submission of another application for a permit on the same lot and for the same or
similar use by the same or any other applicant for six (6) months after the date of
the refusal.
3.5
(8)
(9)
(10)
In the case where a proposed specific use of land or a building is not provided for
in any District in the By-law, the Development Authority may determine that such
use is similar in character and purpose to a permitted or discretionary use
prescribed for a particular District in Schedule B.
The Development Authority may approve an application for a development permit
even though the proposed development does not comply with the regulations of
this By-law, or if the development is to be a rebuilding, an enlargement, an
addition, or a structural alteration of a non-conforming building, if, in the opinion
of the Development Authority:
(a)
the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood, or
(ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land, and
(b)
the proposed development conforms with the use prescribed for that land
or building in this By-law.
An application for a development permit shall, at the option of the applicant, be
deemed to be refused when a decision thereon is not made by the Development
Authority within forty (40) days after receipt of the application by the
Development Authority. The person claiming to be affected may appeal in
writing as provided for in Part Four of this By-law as though he has received a
refusal at the end of the forty (40) day period specified in this subsection.
Development Permits and Notices
(1)
(2)
(3)
A permit granted pursuant to this Part does not come into effect until fifteen (15)
days after the date a decision or development permit is publicized as described in
subsection (3). Any development proceeded with by the applicant prior to the
expiry of this period is done solely at the risk of the applicant.
Where an appeal is made pursuant to Part Four of this By-law, 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.
When a permit has been issued, the Development Authority shall immediately:
(a)
post a notice of the decision conspicuously on the property for which the
application has been made; and/or
(b)
mail a notice in writing to all adjacent land owners who, in the sole
opinion of the Development Authority, may be affected; and/or
13
(4)
(5)
(6)
(c)
publish a notice of the decision in a newspaper circulating in the
municipality stating the location of the property for which the application
has been made and the use approved.
If the development authorized by a permit is not commenced within twelve (12)
months from the date of the issue of the development permit, and carried out with
reasonable diligence, the permit is deemed to be void, unless an extension to this
period is granted by the Development Authority.
A decision of the Development Authority on an application for a development
permit shall be given in writing and a copy of it sent to the applicant.
When the Development Authority refuses an application for a development
permit, the decision shall contain reasons for the refusal.
l4
4.1
4.2
PART FOUR - APPEALS
Appeal Procedure
(1)
(2)
(3)
(4)
An appeal may be made to the Subdivision and Development Appeal Board
(Board) where a Development Authority
(a)
refuses or fails to issue a development permit to a person within forty (40)
days of receipt of the application, or
(b)
issues a development permit subject to conditions, or
(c)
issues an order under Section 5.1 of this By-law.
Notwithstanding subsection (1) above, no appeal lies in respect of the issuance of
a development permit for a permitted use unless the provisions of this By-law
were relaxed, varied or misinterpreted.
The person applying for the permit or affected by the order, or any other person
affected by an order, decision or development permit ofa Development Authority
may appeal to the Board.
An appeal shall be made by serving a written notice of appeal to the Secretary of
the Board, together with reasons and the development appeal fee as established by
resolution of Council, within fourteen (14) days after
(a)
the date the order, decision or permit issued by the Development Authority
was publicized in accordance with Section 35(3); or
(b)
the forty (40) day period referred to in subsection (1)(a) has expired.
Public Hearing
(1)
(2)
Within thirty (30) days of receipt ofa notice of appeal, the Board shall hold a
public hearing respecting the appeal.
The Board shall give at least five (5) days notice in writing of the public hearing
to:
(a)
the appellant;
(b)
the Development Authority from whose order, decision or development
permit the appeal is made;
(c)
those adjacent land ovmers who were notified under Section 3.5(3)(b) and
any other person who, in the opinion of the Board, are affected by the
order, decision or permit; and
IS
(3)
(4)
(d)
such other persons as the Board specifies.
The Board shall make available for public inspection before the commencement
of the public hearing all relevant documents and materials respecting the appeal
including:
(a)
the application for the development permit, its refusal and the appeal
therefrom; or
(b)
the order of the Development Authority under Section 5.1,
as the case may be.
At the public hearing referred to in subsection (1), the Board shall bear:
(a)
the appellant or any other person acting on his behalf;
(b)
the Development Authority from whose order, decision or development
permit the appeal is made, or if a person is designated to act on behalfof
the Development Authority, that person;
(c)
any other person who was served with notice of the hearing and who
wishes to be heard or a person acting on his behalf; and
(d)
any other person who claims to be affected by the order, decision or permit
and that the Board agrees to hear or a person acting on his behalf.
4.3
Decision
(1)
(2)
The Board shall give its decision in writing together with reasons for the decision
within fifteen (15) days of the conclusion of the hearing.
A decision made under this part of the By-law is final and binding on all parties
and all persons subject only to an appeal upon a question ofjurisdiction or law
pursuant to the Act. An application for leave to the Court of Appeal shall be
made:
(a)
to a judge of the Court ofAppeal; and
(b)
within thirty (30) days after the issuance of the order, decision, permit or
approval sought to be appealed.
PART FIVE
ENFORCEMENT AND ADMINISTRATION
5.1
Contravention
(1)
(2)
(3)
(4)
(5)
Where a Development Authority finds that a development or use of land or
buildings is not in accordance with
(a)
the Act or the regulations made thereunder, or
(b)
a development permit or subdivision approval, or
(c)
this By-law,
the Development Authority may, by notice in writing, order the owner, the person
in possession of the land or buildings, or the person responsible for the
contravention, or all or any ofthem to
(i)
stop the development or use of the land or buildings in whole or in part as
directed by the notice, and/or
(ii)
demolish, remove or replace the development, and/or
(iii)
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 Act,
the regulations made thereunder, a development permit, subdivision
approval or this By-law,
as the case may be.
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
within the time specified, the Development Authority may, in accordance with
Section 542 of the Act, enter upon the land or building and take such action as is
necessary to carry out the order.
A person found guilty of an offence is liable to a fine of not more than $10,000.00
or to imprisonment for not more than one year, or to both fine and imprisonment,
pursuant to Section 566 of the Act.
Where the Development Authority carries out an order, the Council shall cause
the costs and expenses incurred in carrying out the order to be placed on the tax
roll as an additional tax against the property concerned, and that amount shall be
collected in the same manner as taxes on land.
In addition to the process and penalties described above, the Development
Authority or any other person identified as a designated officer by the Council for
17
5.2
5.3
the purposes of this Section, shall be authorized to issue violation tickets in
respect to any contravention of this By-law.
(6)
Violation Tickets
(3)
(b)
(C)
(d)
(6)
(f)
The Development Authority or any other person identified as a designated
officer by the Council for the purposes of this Section, may issue a
violation ticket to any person alleged to have breached any provision of
this By--law.
The violation ticket shall specify the alleged offence committed by the
person to whom the violation ticket is issued and require payment, within
21 days from the date of issue ofthe violation ticket, ofa fine to the
Village.
Persons contravening any provision of this By-law to whom violation
tickets are issued shall be liable for a penalty of $50.00 for a first offence
and $100.00 for a second or subsequent offence. Each day that a breach of
the By-law has occurred may be considered to be a separate offence.
The violation ticket shall be served upon the alleged offender personally or
by single registered mail. Ifpayment is made within the time limit, then
such payment shall be accepted in lieu ofprosecution for the offence.
If a person who has been served with a violation ticket fails to pay the fine
specified therein. then the right of the alleged offender to settle the alleged
offence without a court appearance shall no longer apply and prosecution
for the alleged offence shall proceed.
If the person who was served with the violation ticket is thereafter
prosecuted and convicted of the offence specified in the violation ticket,
the fine imposed shall not be less than $125.00, plus court costs, for each
offence.
Application to Amend By-law
(l)
A person may apply to have this By-law amended, by applying in writing,
filrnishing reasons in support ofthe application and paying the fee therefore
required under Section 5.3.
(2)
Council may at any time initiate an amendment to this By-law by directing the
Development Authority to initiate an application therefore.
Form of Application
(1)
All applications for amendment to this By-law shall be made to the Council on the
form provided by the municipality and shall be accompanied by:
l8
(a)
an application fee as established by resolution of Council; and
(b)
a recent title search of the land affected or other documents satisfactory to
the Development Authority showing the applicant's interest in the said
land, and
(c)
drawings showing the subject site, the proposed District and the proposed
use and development to be proposed on the site, if applicable.
(2)
If the proposed amendment is adopted by Council, Council may determine that the
whole or part of the application fee be returned to the applicant.
5.4
Amending By-laws
All amendments to this By-law shall be made by Council by By-law and in conformity
with the Act.
5.5
Schedules
Schedules A and B are part of this By-law.
5.6
Repealing Existing Controls
By-law No. 153, as amended, is hereby repealed.
5.7
Date of Commencement
This By-law comes into effect upon the date of it finally being passed.
READ A FIRST TIME IN COUNCIL THIS 21ST DAY OF MAY, AD. 1998.
AND ADVERTISED THE 3"" day ofJUNE, 1998 AND THE 107" day ofJUNE, 1998 IN THE
PROVOST NEWS.
PUBLIC HEARING HELD THE 18TH day of JUNE, 1998.
READ A SECOND TIME IN COUNCIL THIS 18"" DAY OF JUNE, AD. 1998.
READ A THIRD TIME IN COUNCIL THIS 18" DAY OF JUNE, AD. 1998.
"Mervin Anholt"
"Jovce DeBord"
Mayor
ChiefAdministrative Officer
19
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LAND USE BYLAW - SCHEDULE A
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CZ
- Commercial District
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- Industrial District
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- Urban Reserve District
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20
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SCHEDULE B
SCHEDULE OF LAND USE DISTRICT REGULATIONS
1.1
1.2
1.3
1.4
1.5
1.6
PART ONE - GENERAL PROVISIONS
Plans of Subdivision
Where the development of land involves a subdivision of land, no development permit
shall be issued until the subdivision has been registered at the Land Titles Office.
Dwelling Units on a Lot
No permit shall be granted for the erection of more than one (1) dwelling unit on a single
lot unless the dwelling units are located within a duplex, row housing or an apartment.
Existing Substandard Lots
With the approval of the Development Authority the minimum lot area may be less in the
case of existing substandard lots.
Site Conditions
In all Districts, the outdoor storage of goods, machinery, vehicles, buildings materials,
waste materials and other items is to be screened by fences, hedges or buildings, as
required by the Development Authority.
Fences and Walls
(1)
Notwithstanding any regulation respecting required yard to the contrary in this By-
law, a fence or hedge may be constructed along a boundary line of a lot.
(2)
No fence, wall or hedge in any Residential District shall be:
(a)
higher than 2.0 m in side yards and rear yards; or
(b)
higher than 1.0 m in front yards.
Access, Parking and Loading Spaces
(1)
In all Districts. vehicular entrances and exits into roads shall only be permitted at
locations approved by the Development Authority.
(2)
In all Districts. off-street parking spaces shall be provided in accordance with the
minimum requirements of each District.
2|
1.7
1.8
(3)
(4)
(5)
(6)
Unless otherwise approved by the Development Authority, a parking space shall
,.not be less than 3.0 m in width nor less than 6.0 m in length and shall be located
on the same lot as the main building or use.
Off-street loading spaces shall be provided in accordance with the minimum
requirements of each District.
Unless otherwise approved by the Development Authority, a loading space shall
be located on the same lot as the main building or use.
If not otherwise provided for, the owner of land to be developed may, subject to
the approval of the Development Authority:
(a)
provide the required off-street parking on land other than that to be
developed, or
(b)
at his option and in lieu of providing off-street parking, pay to the
municipality such amount ofmoney on such terms as the Development
Authority considers reasonable in return for the equivalent public parking
spaces to be provided by the municipality elsewhere in the municipality.
Any money so received by the municipality shall be used only for the
development ofmunicipal off-street parking facilities.
Protection from Exposure Hazards
(1)
(2)
(3)
(4)
The location of any liquefied petroleum gas (LPG) or anhydrous ammonia (AA)
storage tank with a water capacity exceeding 9000 1 shall be in accordance with
the requirements of the Development Authority, but in no case be less than a
minimum distance of 120 m from assembly, institutional, commercial or
residential buildings.
LPG and AA containers with a water capacity of less than 9000 1 shall be located
in accordance with regulations under the Safety Codes Act.
Flammable liquids storage tanks at bulk plants or service stations shall be located
in accordance with regulations under the Safety Codes Act.
Setbacks from pipelines and other utility corridors shall be as required by the
Development Authority and appropriate Provincial Regulations and legislation.
Sour Gas Facilities
(1)
(2)
No development shall be permitted within 100 m of a Level 1 sour gas facility
(consisting of a well) as determined by the Alberta Energy and Utilities Board.
No development shall be permitted within 500 m of a Level 2 sour gas facility as
determined by the Alberta Energy and Utilities Board.
22
1.9
1.10
(3)
No development shall be permitted within 1.5 km ofa Level 3 or a Level 4 sour
gas facility as determined by the Alberta Energy and Utilities Board.
Projection into Yards
(1)
(2)
If fireplaces or balconies are developed as part ofa dwelling, yard requirements
shall be measured from the leading edge of the fireplace or balcony.
The following features may project into a required yard:
(a)
steps, eaves, gutters, sills, patios, and decks, or other similar projections,
with the amount of the projection to be as allowed by the Development
Authority;
(b)
canopies over entrances to buildings, provided such projections are
cantilevered and do not exceed 1 m; and
(c)
any other features which, in the opinion of the Development Authority, are
similar to the foregoing.
Accessory Buildings in Residential Districts
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
An accessory building shall not be used as a dwelling.
Accessory buildings other than fences shall be located such that the minimum
distances shown on Figure "A" between the accessory buildings and main
buildings, lot lines, and other buildings, structures, and uses are provided.
The siting of an accessory building on an irregularly-shaped lot shall be as
approved by the Development Authority.
No accessory buildings, other than fences that otherwise comply with this By-law,
shall be located in the front yard.
No accessory building, other than a fence, deck or patio, shall be located closer
than 2.0 m to a main building.
The height ofan accessory building shall not exceed 4.5 m nor one storey.
Where a structure is attached to the main building on a lot by a roof, an open or
enclosed structure, a floor or a foundation, it is to be considered a part of the main
building and is not an accessory building.
The total area of all accessory buildings on a lot shall not exceed 12% of the area
of the lot.
23
Figure "A" - Siting of Accessory Buildings
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24
1.11
Service Stations (Including Gas Bars)
(1)
(2)
(3)
(4)
Service stations or gas bars shall be developed in such a manner that:
(a)
no entrance or exit thereto for motor vehicles shall be located within 200.0
ft. ofan entrance to or exit from a firehall, public or private school,
playground, library, church, hospital, children's or senior citizen's home, or
other similar public or quasi-public institutions;
(b)
no part ofany building or any pump or other accessory building, structure,
or use shall be located within 6.0 m of a side or rear line;
(c)
there shall be a front yard of not less than 12.0 m, provided, however,
gasoline pumps may be located as little as 6.0 m from the front line; and
(d)
all fuel storage tanks shall be set back from adjacent buildings in
accordance with Provincial regulations and legislation.
Lot Area and Coverage
(a)
The minimum lot area shall be based on the ratio of 2 m2 ofvacant space
for each 0.3 m2 on which buildings are erected.
(b)
In the case of a service station designed and built as part ofa
neighbourhood shopping centre, the ratio of building space to parking
space shall be as required by the Development Authority.
Lighting
Any lighting proposed to illuminate off-street parking areas shall be located and
arranged so that all direct rays of light are directed upon the lot only and not on
any adjoining lots.
Use and Maintenance of Lot and Building
The owner, tenant, operator or person in charge of a service station or gas bar
shall, at all times:
(a)
(b)
be prohibited from the carrying on ofthe business of a public garage or
parking garage (provided, however, that this shall not prevent the use of
garage space available in any authorized service station for storage) or of
any business or activity which is obnoxious or offensive, or which
constitutes a nuisance or annoyance to residences or businesses in the
immediate vicinity of the service station or gas bar by reason of dust,
noise, gases. odour, smoke or vibration;
be responsible for the proper, safe and orderly operation thereofofmotor
vehicles using said service station or gas bar, or being repaired or serviced
25
thereat, and without restricting the generality of the foregoing shall see:
(i)
that operators of motor vehicles do not obstruct the sidewalks and
boulevards abutting or adjacent to the service station or gas bar,
and
(ii)
that operators of motor vehicles enter and leave the service station
or gas bar only at the entrances and exits provided for such
purposes and not elsewhere; and
(c)
maintain on the boundaries ofthe lot, where required by the Development
Authority, an appropriate fence not less than 1.0 m in height.
1.12
Motels
(1)
(2)
(3)
(4)
(5)
(5)
Minimum Lot Area per Rentable Unit
(a)
One Storey - 140 m2
(b)
Two Storeys - 93 m2
Minimum Floor Area per Rentable Unit - 26 m2
Minimum required yards:
(a)
Front - 7.5 m
(b)
Side - 3.0 m
(c)
Rear - 7.5 m
Space Between Buildings
Except in the case of rentable units and any other buildings where connected by a
continuous roof to form a shelter for motor vehicles, not less than 3.6 m of clear
and unoccupied space shall be provided between each rentable unit and any other
building on the lot.
Driveways
Each rentable unit shall face onto or about a driveway not less than 6.0 m in width,
and shall have unobstructed access thereto.
Entrances and Exits
Not more than one (1) entrance and one (1) exit for vehicles to a road, each of a
minimum width of 7.5 m, shall be permitted, provided however, that one (1)
combined motor vehicle entrance and exit may be permitted, not less than 9.0 m
in width.
26
1.13
1.14
(6)
Maintenance of Lot and Buildings and Business
The owner, tenant, operator or person in charge of a motel shall at all times:
(i)
maintain the lot and the buildings, structures and improvements thereon in
a clean, neat, tidy and attractive condition and free from all rubbish and
debris;
(ii)
maintain garbage facilities to the satisfaction of the Development
Authority;
(iii)
maintain an appropriate fence, where required by the Development
Authority, not less than 1.0 m in height, around the boundaries of the lot;
and
(iv)
shall landscape and keep the lot landscaped to the satisfaction of the
Development Authority.
Neighbourhood Shopping Centres (including Corner Stores)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Neighbourhood shopping centres shall be located only on major roads.
The total floor area of any store shall not exceed 190 m2 of which not more than
130 m2 shall be retail area excluding storage.
The minimum lot area shall be 140 m2.
Minimum required yards:
(3)
Front - 12.0 m
(b)
Side - nil, except 3.0 m on comer lots on side adjacent to road
(c)
Rear - 3.0 m
Design, access and egress, siting, exterior finish, and landscaping shall be to the
satisfaction ofthe Development Authority.
Freestanding signs shall not exceed the height of the building.
A neighbourhood shopping centre shall contain no more than 3 commercial
establishments.
A dwelling unit with direct ground access may be allowed with each commercial
establishment in a neighbourhood shopping centre.
Multiple Dwelling Developments
(1)
Before any application for development of row housing or an apartment can be
considered, the applicant must submit to the Development Authority, in addition
to those requirements of Section 3.4(1) of this By-law:
27
(2)
(3)
(a)
design plans and working drawings, including elevations; and
(b)
site plans showing the proposed:
(i)
location and position of structures on the lot, including any "For
Rent" or identification signs,
(ii)
location and number of parking spaces, exits, entries, and drives
from roads or lanes,
(iii)
location of an access to garbage storage areas, and the fencing and
landscaping of these facilities, and
(iv)
landscape plan of the entire site which shall also show intended
surfacing for drives and parking areas.
The aforementioned plans will append the application. If the development permit
is approved, the plans shall be deemed conditions of approval. The Development
Authority may require that security be provided to ensure that the conditions are
satisfied.
The relationship of buildings to each other and to the landscape, in particular such
matters as architectural appearance, the provision of light, air, privacy, and
landscaping, shall be shown upon the site plans, and said relationships shall be to
the satisfaction of the Development Authority.
28
PART TWO - SIGNS
2.1
DEFINITIONS
(1)
In this Part:
(a)
(b)
(C)
(d)
(e)
(0
(g)
(h)
"sign" means any word, letter, model, picture, symbol, device or
representation used as, or which is in the nature of, wholly or in part, an
advertisement, announcement or direction. Any structure, or portion
thereof, which is used primarily to carry, hold, maintain, support or sustain
a sign is construed as being part of the sign and, except as hereinafter
provided, is subject to all regulations governing signs. Without restricting
the generality of the foregoing, signs includes posters, notices, panels,
boardings, and banners;
"area of a sign" means the total superficial area within the outer periphery
of the said sign, and, in the case of a sign comprised of individual letters or
symbols, shall be calculated as the area of a rectangle or other geometric
shape enclosing the letters or symbols. Frames and structural members not
hearing advertising matter shall not be included in the computation of
surface area;
"billboard" means a structure, primarily self-supporting, which is used for
the display of general advertising, the subject matter of which is not
necessarily related to the use or ownership of the property on which the
structure is located;
"business frontage" means:
(i)
any side of a lot or building which abuts a road, or
(ii)
in the case of individual business or tenants within a building, any
business which has separate access to a road;
"fascia sign" means a sign placed flat and parallel to the face ofthe
building so that no part projects more than 0.3 m from the building;
"free-standing sign" means a sign on a standard or column permanently
attached to the ground and which is not connected in any way to any
building or other structure;
"free-standing portable sign" means a sign on a standard or column fixed
to its own self-contained base and capable of being moved manually;
"marquee or canopy" means a projection outward from the face of a
building, primarily designed to provide protection from climatic elements;
29
(i)
"marquee or canopy sign" means a sign attached to a marquee or canopy;
(j)
"merchandising aids" means devices used for the display of merchandise
and related advertising material;
(k)
"point-of--sale advertising" means advertising which relates to the name of
the occupier or firm. the nature of the business conducted and/or the goods
produced, and/or the main products and services sold or obtainable at the
premises on which the advertising is displayed;
(1)
"projecting sign" means a sign which is attached to a building or structure
so that part of the sign projects more than 0.3 m from the face of the
building or structure;
(m)
"roof" means the top enclosure, above or within the vertical walls of a
building;
(n)
"roof sign" means any sign placed on or over a roof;
(0)
"sky sign" means a roof sign comprising individual letters or symbols on
an open framework.
2.2
EXEMPTIONS FROM THIS PART
(1)
(2)
(3)
The following shall be exempted from the provisions of this Part of the By-law:
(a)
signs displayed on enclosed land where they are not readily visible to the
public,
(b)
signs displayed within a building,
(c)
signs displayed in or on an operational vehicle,
(d)
signs displayed on door plates, door boards, or kick plates.
A development permit shall not be required to clean, repair or repaint any sign.
The following specified signs are also exempted from this Part ofthe By-law,
provided that the permission hereby granted in respect ofany such signs specified
below shall be subject to any conditions or limitations specified in the case of the
particular signs. and be subject to all other orders, By-laws and regulations
affecting such signs:
(a)
statutory and official notices and functional advertisements of local
authorities and public transport authorities;
(b)
traffic and directional signs authorized by Council;
(c)
notices of identification in respect of the land or buildings on which they
are displayed, and professional business and trade name plates relating to
30
(d)
(e)
(f)
(g)
(h)
the occupants of the land or buildings on which they are displayed
provided that;
(i)
each notice or name plate shall not exceed 0.2 m2 in area, and
(ii)
there shall be a limit of one (1) notice for each occupant ofeach
firm or company represented within the building, at one entrance
on each different road;
notices relating to the sale, lease or rental ofthe buildings, or land to
which they are attached, provided that:
(i)
the notices shall not be illuminated,
(ii)
each notice shall not exceed 0.5 m2 in area, and
(iii)
there shall be a limit of one (1) notice for each side ofthe land or
buildings on a different road;
posters relating specifically to a pending election, provided that such
posters shall be removed within fourteen (14) days afier the election;
notices of land or buildings used for religious, educational, cultural,
recreational, medical or similar public or quasi--public purposes, provided
that:
(i)
each notice shall not exceed 1.1 m2 in area, and
(ii)
there shall be a limit of one (1) notice for each side of the land or
buildings on a different road;
signs of building contractors relating to constructional work in progress on
the land on which such signs are erected, provided that:
(i)
such signs shall be removed within fourteen (14) days of
occupancy, and
(ii)
such signs shall be limited in size to a maximum of 3 m2, and in
number to one (1) sign for each boundary of the subject site which
fronts onto a road;
temporary signs referring to sales which are displayed upon the premises
upon or within which such sales will be or are being conducted, provided
that:
(i)
the signs shall not be illuminated and shall be constructed of paper,
canvas, cardboard or other light materials or painted on glass and
intended to be displayed for a short period oftime only, and
3l
(i)
00
(ii)
such signs shall not be erected more than seven (7) days before the
commencement of the sale to which they refer, and shall be
removed within eight (8) days of the completion of the said sale;
free-standing portable signs. provided that:
(i)
any sign shall be placed wholly within the property lines,
(ii)
the overall height shall not be greater than 1.5 m above ground
level, and
(iii)
the maximum area of the sign shall not exceed 1.1 m2;
signs on merchandising aids, provided that:
(i)
any device shall be placed wholly within the property lines,
(ii)
the overall height ofany sign shall not be greater than 2.0 m above
ground level, and
(iii)
the maximum area of any sign shall not exceed 1.1 m2.
work required to clean, repair, or repaint any sign.
2.3
DETAILS OF APPLICATION
(1)
(2)
Application for a development permit shall be made to the Development
Authority. The application shall be:
(a)
made out on the form provided by the Development Authority, and
(b)
supported by two (2) copies ofdrawings drawn to scale. Where a building
is involved. the scale shall not be smaller than 1:200. In the case ofa plot
plan the scale shall not be smaller than 1:400.
The drawings shall indicate:
(a)
the location of the sign by elevational drawing or plot plan;
(b)
the overall dimensions of the sign;
(c)
the size of the letters or letter;
(d)
the amount of projection from the face ofthe building;
(e)
the amount ofany projection over municipal property;
32
(3)
(f)
the height of the sign above the road or sidewalk, or the height above the
average ground level at the face of the building;
(g)
the manner of illuminating the sign and any form ofanimated or
intermittent lights that may be embodied in the construction;
(h)
the least distance that the sign will be erected from an intersection of
roads, and the least distance from any device for the control oftraffic at
such an intersection.
No person shall erect or place a sign differing from or larger than the sign for
which a development permit has been issued. If the applicant desires to deviate in
any way from the terms of the approved development permit, he shall notify the
Development Authority and submit revised drawings and, if indicated by the
Development Authority, make application for approval of another development
permit.
2.4
GENERAL PROVISIONS
(1)
(W
(2)
All proposed signs, with the exception of the exemptions as provided for in
Section 2.2 ofthis Part, shall be authorized by the Development Authority prior to
any building permit being issued.
(a)
With the exception of the special provisions relating to billboards, all signs
shall contain "point-of-sale advertising" only.
(b)
No sign shall be permitted which is attached to a fence, pole, tree, or any
object on a road or in a publicly-owned place.
(c)
No sign shall be permitted which is attached to or standing on the ground
on a road or in a publicly-owned place.
(d)
No sign shall be erected so as to obstruct free and clear vision of vehicular
traffic or at any location where it may interfere with, or be confiised with,
any authorized traffic sign, signal or device.
(3)
All signs must be maintained in a satisfactory manner or notice will be served to
perform the necessary repairs or remove the sign(s) within thirty (30) days.
(w
2.5
FASCIA SIGNS
(1)
Except as provided for in Section 2.2 of this Part, fascia signs shall only be
allowed in the Cl , C2, and M Districts. All fascia signs shall be erected so that:
(a)
no part of the sign projects more than 0.5 m above the top of the vertical
face of the wall to which it is attached,
33
2.6
2.7
2.8
(2)
(3)
(b)
all fascia signs on a wall do not exceed in area the equivalent of25% of
the superficial area of the wall comprising the business frontage, and
(c)
they are located on a business frontage.
Fascia signs on a side or gable wall which is not a business frontage shall be
considered by the Development Authority according to the merits of the
individual application.
On commercial and industrial buildings which are non-conforming uses in
Residential Districts, fascia signs shall be considered by the Development
Authority according to the merits of the individual application.
MARQUEE AND CANOPY SIGNS
(1)
(2)
Marquee and canopy signs shall be considered in accordance with the same
criteria as fascia signs, provided that:
(a)
they are attached to the edge of the marquee or canopy nearest the front
line;
(b)
no additional supporting wires or stays are attached to the canopy or wall;
and
(c)
no portion of the sign projects below the bottom edge, or more than 0.5 m
above the top edge, of the marquee or canopy.
A sign not exceeding 0.3 m by 1.2 m in outside dimensions may be suspended
below a marquee or canopy provided no part of the sign shall be closer than 2.4 m
to the ground or sidewalk.
ROOF SIGNS
(1)
Roof signs shall be considered in accordance with the same criteria as fascia
signs, provided that:
(a)
the sign is attached to the front edge of the roof;
(b)
no additional supporting wires or stays are attached to the roof; and
(c)
no portion of the sign projects more than 0.5 m above the roof.
PROJECTING SIGNS
(1)
Except as provided for in Section 2.2 of this Part, projecting signs shall only be
allowed in the C1, C2. and M Districts. All projecting signs shall be erected so
that:
34
2.9
(a)
no part of the sign, excluding that portion which is used for support and
which is free of advertising, shall be less than 3.0 m above the ground or
sidewalk;
(b)
no part of the sign shall project more than 0.5 m above the top of the
vertical face of the wall to which it is attached; and
(c)
the space between the sign and supporting structure shall not be more than
0.6 m.
(2)
There shall be only one projecting sign for each business frontage, provided that if
a business frontage shall exceed 15 m, a further projecting sign shall be permitted
for each additional 15 m of business frontage or portion thereof.
(3)
The permitted area of the sign shall be related to the amount ofprojection from
the face of the building, as follows:
amount of projection
2 m
1.5 m
1.2 m
1 m or less
maximum area of sign
3.2 m2
4.5 m2
5.6 m2
7 m2
(4)
Support shall not be provided by an "A" frame.
FREE-STANDING SIGNS
(1)
Except as provided for in Section 2.2 of this Part, free-standing signs shall only be
allowed in the C1, C2, and M Districts. All free-standing signs shall be erected so
that:
(a)
no part of the sign. excluding that portion which is used for support and
which is free of advertising, shall be less than 3 m nor more than 9 m
above the ground or sidewalk;
(b)
no part of the sign shall project beyond the property line; and
(c)
the area of the sign shall not exceed the ratio of l m2 for each linear metre
of business fi'ontage to a maximum of 8.4 m2, with the area of the sign
being computed exclusive of the pylon or support provided that it is free of
advertising.
(2)
There shall not be more than one (1) free-standing sign for each business frontage.
(3)
The portion used for support be painted and/or finished to the satisfaction of the
Development Authority.
35
2.10 BILLBOARDS
(1)
(2)
(3)
(4)
(5)
Except as provided for in Section 2.2 ofthis Part, billboards shall only be allowed
in the Cl , C2, and M Districts. All billboards shall be erected so that:
(a)
the structure does not exceed 3.6 m in height and 10.0 m in length;
(b)
the vertical posts supporting the structure do not project above the upper
edge of the boardings;
(c)
any additional bracing is contained within the front and rear faces ofthe
vertical posts;
(d)
the rear ofany billboard which is plainly visible from a public
thoroughfare is covered with wooden slats or a trellis fixed against the rear
edge of the vertical posts and painted; and
(e)
no part of the structure projects over public property or placed on a road
or highway right-of--way.
No billboard shall be erected less than 150 m from any existing billboard.
The structure shall at all times be maintained in a manner satisfactory to the
Development Authority.
All billboards shall be limited to:
(a)
local advertising or advertising for facilities or establishments located
within 48 km of the sign;
(b)
indirect lighting, which excludes flashing or animated lighting; and
(c)
one (1) sign for each licensed business development.
Development permits for billboards shall be issued for only a one year period.
Renewal of the permits shall be required each year prior to the thirty-first day of
January accompanied by a fee as established by resolution ofCouncil for renewal.
(a)
A permit for a renewal of a development permit shall not be issued for a
billboard which is not, in the opinion of the Development Authority,
maintained in a satisfactory manner.
(b)
Billboards for which renewal permits are refused or not applied for, and
billboards which are installed without a permit, shall be removed.
The owner shall be mailed, to his last known address, a notice allowing
him thirty (30) days from date of notice to remove the billboard. If the
36
owner fails to comply with the notice to remove the billboard, the
municipality will remove and destroy the billboard.
2.11 ILLUMINATED ROOF AND SKY SIGNS
2.12
2.13
(1)
Except as provided for in Section 2.2 of this Pan, illuminated roof and sky signs
shall only be allowed in the Cl and C2 Districts. All illuminated roof and sky
signs shall be erected so that:
(a)
the sign is attached to a flat roofon a building more than 10.7 m high;
(b)
the Development Authority is satisfied that the purpose of the sign cannot
be achieved by another type of sign; and
(c)
no part of the sign, excluding that portion which is used for support and
which is free of advertising, shall be less than 1.2 m or more than 4.5 m
above the level ofthe roof.
(2)
All illuminated roofand sky signs must refer to the principal use of the building
on which they are erected.
VARIANCES
Where there are exceptional circumstances or conditions applicable to a particular
property to the extent that practical difficulties or results inconsistent with the general
purposes of these regulations may result from their strict and literal interpretation and
enforcement, variances shall be considered by the Development Authority in accordance
with the merits of the individual application.
EXISTING SIGNS
This Part of the By-law shall not be applied to signs legally in existence at the date ofthe
adoption of this By-law.
37
PART THREE - LAND USE DISTRICTS
3.1 RESIDENTIAL DISTRICT - R
The General Purpose of this District is to permit development of a variety of low to medium
density dwellings and accessory uses.
1.
Permitted Uses
(a)
One family dwellings
(b)
Day homes
(c)
Public parks
(d)
Accessory buildings and uses
2.
Discretionary Uses
(a)
Apartments
(b)
Churches
(c)
Duplexes
(d)
Family care facilities
(e)
Group care facilities
(0
Home occupations
(g)
Manufactured homes
(h)
Public or quasi-public buildings and uses required to serve the immediate area
(i)
Public utilities required to serve the immediate area
(j)
Row housing
(k)
Other uses which, in the opinion of the Development Authority, are similar to the
above mentioned permitted and discretionary uses
3.
Regulations
(a)
Relating to One Family Dwellings
(i)
Minimum lot area
- 560 m2
(ii)
Minimum front yard
- 7.5 m
(iii)
Minimum rear yard
-- 7.5 m
(iv)
Minimum side yard
- the lesser of 10% of lot width; or, at the
discretion ofthe Development Authority,
1.5 m on all lots exceeding 15.0 m in
width
- Comer lots - 4.5 m abutting road
- In laneless subdivisions where no attached
garage is provided, one (1) side yard shall
be a minimum of 3.0 m
(v)
Minimum floor area
- 75 m2
38
(b)
(C)
(d)
(e)
Relating to Duplexes
(i)
Minimum lot area:
a.
"Up and down" units - 570 m2, provided the combined floor area
does not exceed 190 m2
b.
"Side by side" or "Semi detached" units - 670 ml, or 740 m2 if on a
comer lot
(ii)
Minimum yards - same as for one family dwellings
(iii)
Minimum floor area - 55 m2 per dwelling unit
Relating to Row Housing
(i)
Maximum density - 40 dwelling units per hectare
(ii)
Minimum yards - same as for one family dwellings, except that no side
yard shall be less than 3.0 m where side yards are provided, and side yards
adjacent to roads on corner lots shall be a minimum of 4.5 m.
Relating to Apartments
(i)
Minimum floor area
a.
Bachelor dwelling unit - 32 m2
b.
One Bedroom dwelling unit - 46 m2
c.
Two Bedrooms dwelling unit - 55 m2
(1.
Three or more Bedrooms dwelling unit - 65 1112
(ii)
Minimum lot area - 800 m2 or three (3) times the total floor area of the
building, whichever is more
(iii)
Maximum building height - 13.5 m or 3 storeys, whichever is shorter
(iv)
Maximum lot coverage - 30%
(v)
Maximum floor area ratio - 0.6
(vi)
Minimum yards
a.
Front- 9.0 m
b.
Rear - 9.0 m
c.
Side - 40% of the building height, or 15% of the lot width,
whichever is greater
Relating to Manufactured Homes
(i)
All manufactured homes shall be constructed by a licensed manufacturer
39
(0
(g)
(g)
(h)
(i)
(i)
(k)
(1)
of manufactured homes and shall have Canadian Standards Association
certification.
(ii)
All accessory structures, such as patios, porches, additions and skirtings
shall be factory-prefabricated units or the equivalent thereof, and so
designed and erected as to harmonize with the manufactured home.
(iii)
Minimum floor area - 55 m2, excluding any porch
(iv)
All manufactured homes shall be placed on permanent foundations and
footings.
Relating to All Other Uses - as required by the Development Authority
Minimum number of off-street parking spaces
(i)
Dwellings - one (1) space per dwelling unit
(ii)
Other uses - as required by the Development Authority
With the approval of the Development Authority, the minimum lot area may be
less in the case of existing substandard lots.
Attached garages and carports shall be considered as part of the main building and
are not accessory buildings.
All development permits for home occupations shall be revocable at any time by
the Development Authority if, in his sole opinion, the use is or has become
detrimental to the amenities of the neighbourhood.
No accessory building. use or parking space shall be located in the front yard of a
residential use without the specific approval of the Development Authority, which
approval shall be given only for lots with topographical difficulties.
Accessory buildings shall be sited on a lot in accordance with the provisions of
this By-law.
For all other provisions and requirements, see Sections 1 and 2 of this Schedule B.
40
3.3 RESIDENTIAL MANUFACTURED HOME
SUBDIVISION DISTRICT - RMHl
The General Purpose of this District is to permit development of manufactured home
subdivisions, in which each manufactured home is located on a separately registered lot.
1.
Permitted Uses
(a)
(b)
(C)
(d)
Manufactured homes
Day homes
Public parks
Accessory buildings and uses
2.
Discretionary Uses
(a)
(b)
(C)
(d)
Home occupations
Public or quasi-public buildings and uses required to serve the immediate area
Public utilities required to serve the immediate area
Other uses which, in the opinion of the Development Authority, are similar to the
above mentioned permitted and discretionary uses
3.
Regulations
(a)
(b)
(C)
(d)
Maximum Height of Buildings
(i)
Manufactured homes - 4.5 111
(ii)
Accessory buildings - 4.5 m
(iii)
All other uses - as allowed by the Development Authority
Minimum Floor Area
(i)
Manufactured homes - 46 m2, excluding any porch
(ii)
All other uses - as required by the Development Authority
Minimum Lot Area
(i)
Manufactured homes - 460 m2
(ii)
All other uses - as required by the Development Authority
Minimum Lot Width
(i)
Manufactured homes - 15.0 m
(ii)
All other uses - as required by the Development Authority
4|
(6)
(f)
(g)
(h)
(i)
(i)
(k)
(1)
(m)
(n)
(0)
(p)
(q)
Minimum Required Yards
(i)
Front - 4.5 m, or as required by the Development Authority
(ii)
Side - 3.0 m
(iii)
Rear - 6.0 m, except 4.5 m on comer lots
Maximum Lot Coverage
(i)
Manufactured homes - 23%
(ii)
Accessory buildings - 12%
(iii)
All other uses - as allowed by the Development Authority
Minimum number of off-street parking spaces
(i)
Dwellings - one (1) Space per dwelling unit
(ii)
Other uses - as required by the Development Authority
With the approval of the Development Authority, the minimum lot area and lot
width may be less in the case of existing substandard lots.
Attached garages and carports shall be considered as part of the main building and
are not accessory buildings.
Accessory buildings shall be sited on a lot in accordance with the provisions of
this By-law.
No accessory building, use or parking space shall be located in the front yard of a
manufactured home.
All development permits for home occupations shall be revocable at any time by
the Development Authority if, in his sole opinion, the use is or has become
detrimental to the amenities of the neighbourhood.
Porches and additions to a manufactured home shall be considered as part ofthe
main building, and the external finish of a porch or addition shall match the
existing finish on the manufactured home.
The floor area of porches and additions shall be proportionate to the floor area of
the manufactured home, and this relationship shall be determined by the
Development Authority.
A manufactured home shall be skirted from the floor level to the ground level and
the skirting shall match the existing external finish of the manufactured home.
All manufactured homes shall have Canadian Standards Association certification.
For all other provisions and requirements, see Sections 1 and 2 of this Schedule B.
42
3.3 COMMERCIAL DISTRICT - C l
The General Purpose of this District is to permit commercial development appropriate for the
central business district of the municipality and involving fairly high density development. The
regulations do not permit obnoxious uses or those involving excessive outside storage.
1.
Permitted Uses
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
0')
(k)
(l)
(m)
(n)
(0)
Banks
Barber shops, beauty parlours
Clinics
Coin laundries
Dry cleaners
Grocery stores
Household appliance sales
Offices
Public parks
Restaurants
Retail stores
Shoe repair shops
Tailor shops
If the floor space area use is not greater than 370 m2, the manufacture or treatment
of products essential to the retail business conducted on the premises, for
example:
- a bakery
- a dyeing or cleaning plant or establishment
- the manufacture of candy, confectionary, ice cream orjam
Buildings and uses accessory to permitted uses
2.
Discretionary Uses
(a)
(b)
(C)
(d)
(e)
(f)
(g)
(h)
(i)
(i)
(k)
(l)
(m)
(10
Bowling alleys
Dance halls
Hotels
Motels
Neighbourhood shopping centres
One family dwellings
Parking lots
Public or quasi-public buildings and uses
Public utilities
Service stations and gas bars
Theatres
Dwelling units in a building used for any of the above mentioned permitted or
discretionary uses
Other uses which, in the opinion of the Development Authority, are similar to the
above mentioned permitted and discretionary uses
Buildings and uses accessory to discretionary uses
43
Regulations
(a)
(b)
(c)
(d)
(e)
(t)
(g)
(11)
Minimum lot area - 140 m2
Minimum lot width - 5.0 m
Minimum yards
(i)
Front - None, except where the Development Authority may deem it
necessary to conform with existing development
(ii)
Side - None, if the subject lot is bordered on both sides by land classified
C 1. If the subject lot is bordered by a Residential District on a side, the
minimum side yard on that side shall be 1.5 m.
(iii)
Rear - 6.0 m, or as required by the Development Authority
Maximum site coverage
80%. provided that provision has been made for on-site parking, loading, storage
and waste disposal to the satisfaction of the Development Authority
Minimum Floor Area - as required by the Development Authority
Maximum Height of Buildings - 13.5 In
Minimum Number of Off-Street Parking Spaces
(a)
Retail stores and persona service shops - one (1) space for each 55 m2 of
gross floor area
(b)
Banks and offices - one (1) space for each 65 m2 of gross floor area
(c)
Beverage rooms, restaurants, and theatres - one (1) space for each 10 seats
(d)
Hotels and motels - one (1) space for each rentable unit or guest room,
plus any requirements for restaurants and other facilities
(e)
Neighbourhood shopping centres - one (1) space for each 46 m2 of gross
leasable floor area
(f)
Others - as required by the DeveIOpment Authority
Minimum Number of Off-Street Loading Spaces - as required by the
Deve10pment Authority
The design, siting, external finish, architectural appearance and landscaping
generally of all buildings, including accessory buildings, structures and signs, and
any reconstruction shall be to the satisfaction of the Development Authority in
order that there shall be general conformity in such matter with adjacent buildings.
44
(i)
(k)
(1)
(In)
Where groups of commercial uses are to be built on a single lot or grouping of
lots, regulations shall be determined by the Development Authority, who shall
deal with the overall scheme for the site, taking into account buildings, access,
parking and specific commercial uses.
Regulations for One family dwellings
The regulations for one family dwellings shall be as indicated in the Residential
(R) District.
No use shall be established that may, in the opinion of the Development
Authority, become obnoxious by way of odour, noise, or dust.
For all other provisions and requirements, see Sections 1 and 2 of this Schedule B.
45
3.4 COMMERCIAL DISTRICT - C2
The General Purpose of this District is to permit commercial development ofa secondary nature.
1.
Permitted Uses
(a)
(b)
(e)
(d)
(e)
(f)
(g)
(h)
(0
Automobile, recreational vehicle, and light truck sales and service
Farm and industrial machinery sales and service
Garages
Lumber yards
Plumbing shops
Sheet metal shops
Warehouses
All uses listed as permitted uses in the Cl District
Buildings and uses accessory to permitted uses
Discretionary Uses
(a)
Clubs
(b)
Drive-in businesses
(c)
Funeral parlours
(d)
Hotels
(e)
Laundries
(t)
Motels
(g)
All uses listed as discretionary uses in the C1 District
(h)
Other uses which, in the opinion of the Development Authority, are similar to the
above mentioned permitted and discretionary uses
(i)
Buildings and uses accessory to discretionary uses
Regulations
(a)
Minimum lot area - 140 m2
(b)
Minimum lot width - 5.0 m
(c)
Minimum yards
(i)
Front - None, except where the Development Authority may deem it
necessary to conform with existing development
(ii)
Side - None, if the subject lot is bordered on both sides by land clmified
C] or C2. If the subject lot is bordered by a Residential District on a side.
the minimum side yard on that side shall be 1.5 m.
(iii)
Rear - 6.0 m, or as required by the Development Authority
(d)
Maximum site coverage
80%, provided that provision has been made for on-site parking, loading, storage
and waste disposal to the satisfaction ofthe Development Authority
46
(e)
(0
(g)
(h)
(i)
(i)
(k)
(1)
Minimum Floor Area - as required by the Development Authority
Maximum Height of Buildings - 13.5 m
Minimum Number of Off-Street Parking Spaces - as required by the Development
Authority
Minimum Number of Off-Street Loading Spaces - as required by the
Development Authority
The design, siting, external finish, architectural appearance and landscaping
generally ofall buildings, including accessory buildings, structures and signs, and
any reconstruction shall be to the satisfaction of the Development Authority in
order that there shall be general conformity in such matter with adjacent buildings.
Regulations for One family dwellings
The regulations for one family dwellings shall be as indicated in the Residential
(R) District.
No use shall be established that may, in the opinion ofthe Development
Authority, become obnoxious by way ofodour, noise, or dust.
For all other provisions and requirements, see Sections 1 and 2 of this Schedule B.
47
3.5 INDUSTRIAL DISTRICT - M
The General Purpose of this District is to provide opportunities for light industrial and
manufacturing uses, with heavier industry allowed in approved locations at the discretion of the
Development Authority. Uses and operations with this District shall not cause or permit any
external objectionable or dangerous conditions apparent beyond any building housing processes
wherein such effects may be produced, including but not limiting the generalities thereof, the
following objectionable features, namely: noise, vibration, smoke, dust and other kinds of
particulate matter, odour, toxic and noxious matter, radiation hazards, fire and explosive hazards,
humidity and glare.
l.
Permitted Uses
(a)
(b)
(C)
(d)
(6)
Light industrial uses
Servicing establishments
Warehousing; storage, and distribution of raw materials, processed or
manufactured goods
All uses listed as permitted or discretionary uses in the Cl and C2 Districts
Buildings and uses accessory to permitted uses
2.
Discretionary Uses
(a)
(b)
(c)
(d)
(e)
Industrial uses that may be obnoxious by reason of emission of odours, dust,
smoke, gas noise or vibration
Municipal uses that are not restrictive and are compatible with an industrial area
Recreational uses that are not restrictive and are compatible with an industrial area
Other uses which, in the opinion of the Development Authority, are similar to the
above mentioned permitted and discretionary uses
Buildings and uses accessory to discretionary uses
3.
Regulations
(8)
(b)
(C)
(d)
Minimum lot area - as required by the Development Authority
Minimum yards
(i)
Front - 9.0 in
(ii)
Side - as required by the Development Authority
(iii)
Rear - 9.0 m
Maximum lot coverage - 60%
Maximum building height - 10.7 m
48
3.6 COMMUNITY DISTRICT - P
The General Purpose of this District is to permit the use of land for service, mainly of a public
nature, which have a primary orientation toward the community.
1.
Permitted Uses
(a)
Parks, playgrounds, recreation areas, and other similar public or quasi-public
buildings and uses
(b)
Accessory buildings and uses
Discretionary Uses
(a)
Cemeteries
(b)
Federal, provincial and municipal buildings and uses
(c)
Public utilities
(d)
Other uses which, in the opinion of the Development Authority, are similar to the
above mentioned permitted and discretionary uses
Regulations
(a)
Maximum Height of Buildings - 10.7 m, unless otherwise approved by the
Development Authority
(b)
Minimum Required Yards
(i)
Front - 9.0 m, or as required by the Development Authority
(ii)
Side - 4.5 m, or as required by the Development Authority
(iii)
Rear - 7.5 m, or as required by the Development Authority
(c)
All other regulations shall be as required by the Development Authority
49
3.7 INSTITUTIONAL DISTRICT - I
The General Purpose of this District is to permit development of uses of either a public or private
nature which provide services to the community.
1.
Permitted Uses
(a)
Churches
(b)
Community Halls
(c)
Hospitals and Nursing Homes
(d)
Schools
(e)
Senior citizens homes and similar buildings
(t)
Accessory buildings and uses
2.
Discretionary Uses
(a)
Cemeteries
(b)
Clubs or lodges
(c)
Day cares
(d)
Public or quasi-public buildings and uses
(e)
Public utilities
(f)
Recreational uses
(g)
Other uses which, in the opinion ofthe Development Authority, are similar to the
above mentioned permitted and discretionary uses
3.
Regulations
(a)
Maximum Height of Buildings - 10.7 m, unless otherwise approved by the
Development Authority
(b)
Minimum Required Yards
(i)
Front - 9.0 m, or as required by the Development Authority
(ii)
Side - 4.5 m, or as required by the Development Authority
(iii)
Rear - 7.5 m, or as required by the Development Authority
(c)
All other regulations shall be as required by the Development Authority
50
3.8 URBAN RESERVE DISTRICT - UR
The General Purpose of this District is to reserve those lands on the periphery of the municipality
which, by their relationship to existing land uses, the main road system, and the established
utility systems, will in time become suitable for general urban uses.
1.
Permitted Uses
(a)
(b)
(C)
(d)
(6)
Public parks
Farming and cultivation of land, but not including such agricultural uses as feed
lots, hog barns, poultry farms and fur farms
Market gardening
Horticultural nurseries and greenhouses
Accessory buildings and uses
2.
Discretionary Uses
(a)
(b)
(c)
(d)
(e)
(t)
Any strictly temporary use or building which in the opinion of the Development
Authority will not prejudice the possibility of conveniently and economically
subdividing or developing the area in the future
Home occupations
One family dwellings on existing parcels only
Public or quasi-public buildings and uses
Public utilities
Other uses which, in the opinion of the Development Authority, are similar to the
above mentioned permitted and discretionary uses
3.
Regulations
(a)
(b)
(C)
(d)
No subdivision or development other than for the above uses shall take place until
an overall plan for the area has been resolved. This plan should establish a plan
showing the subdivision design, the proposed land use classification, public
reserve dedications and utilities policies.
Maximum Height of Buildings - 10.7 m, unless otherwise approved by the
Development Authority
Minimum Required Yards
(i)
Front - 9.0 m, or as required by the Development Authority
(ii)
Side - 4.5 m, or as required by the Development Authority
(iii)
Rear - 7.5 m, or as required by the Development Authority
Minimum Floor Area
(i)
One family dwellings - same as in the Residential (R) District
(ii)
Other uses - as required by the Development Authority
51
(e)
(1)
Water supply and sewage disposal shall be provided in compliance with the
requirements of Provincial legislation and regulations.
For all other provisions and requirements, see Sections 1 and 2 of this Schedule B.
52
FORMS
THESE FORMS
ARE NOT PART OF
BY-LAW # 291
BUT ARE INCLUDED HERE FOR INFORMATION
VILLAGE OF AMISK
LAND USE BY-LAW
APPLICATION FOR DEVELOPMENT (Rggular Form)
I hereby make application under the provisions of the Land Use By-law for a Development Permit in accordance with the plans
and supporting information submitted herewith and which forms part of this application.
Applicant:
Telephone:
Address:
Omter of Land:
Address:
Interest of Applicant if not Owner of land:
Address of property to be developed:
Lot (parcel):
Block:
Existing use of land or buildings on the property:
Proposed Main Use:
Registered Plan No.:
Proposed Accessory Use:
Land Use District:
Lot type: Interior_ Comer
Lot width:
Lot length:
Lot area:
Proposed Yards: Front:
Rear:
Side:
Proposed Floor Area:
Height of Main Building:
Height of Accessory Building(s):
Off-Street Parking: Size ofspaces:
Number ofSpaces:
CIT-Street Loading: Size of spaces:
Number of Spaces:
Estimated commencement date:
Other supporting material attached:
Estimated completion date:
Signature of Applicant:
Date:
NOTICE OF DECISION - OFFICIAL USE ONLY
The above application has been APPROVED
REFUSED
Conditions of Approval (if any)
Reasons for Refusal
Date ofDecision:
. 19
Date of Issue of this Notice and Permit:
. l9
Signed:
Development Authority
IMPORTANT: Read Note on Other Side
DEVELOPMENT PERMIT APPROVED
You are hereby authorized to proceed with the development Specified provided that any
conditions of approval are complied with, that the development is in accordance with the
approved plans and applications, and that a Building Permit is obtained ifconstruction is
involved that requires a Building Permit. Should an appeal he made against this decision to
the Subdivision and Development Appeal Board, this Development Permit shall be null and
void until and unless its issuance is confirmed by the Subdivision and Development Appeal
Board.
NOTE:
1.
This Development Permit in accordance does not become effective until 15 days after the
date notification ofthe decision on the Development Permit is publicized.
2.
The Land Use By-Iaw provides that any person claiming to be affected by a decision of
the Development Authority on a Development Permit may appeal the decision to the
Subdivision and Development Appeal Board by serving written notice ofappeal to the
Secretary of the Subdivision and Development Appeal Board, together with reasons and
the appropriate fee as established by Council within 14 days afier the decision ofthe
Development Authority on a Development Permit is publicized.
3.
If the development authorized by this Development Permit is not commenced within 12
months from the date of issue of the Permit and carried out with reasonable diligence, this
permit shall be null and void.
NOTICE OF REFUSAL
You are further notified that you may appeal this decision to the Subdivision and Development
Appeal Board in accordance with the provisions of Part Four of the Land Use Bylaw of the
Village of Amisk. Such an appeal shall be made in writing, shall include reasons for the appeal
and the necessary fee as established by Council, and shall be delivered either personally or by
mail so as to reach the Secretary of the Subdivision and Development Appeal Board not later
than fourteen (14) days following the date of this notice. The notice ofappeal shall contain a
statement of the grounds of appeal.
Permit No.
DEVELOPMENT PERMIT
DeveloPment involving Application No.__ has been:
__ APPROVED
APPROVED, Subject to the following conditions,
You are hereby authorized to proceed with the development specified, provided that:
a)
any stated conditions are complied with;
b)
development is in accordance with any approved plans and applications; and
c)
all applicable permits are obtained.
Should an appeal be made against this decision to the Subdivision and Development Apfiaj
Board, the deveIOpment mnnit does not come into effect until the appgal has been detemtined
and the permit may be modified or nullified.
Date of Decision
Date of Issue of Development Permit
Development Authority
NOTE:
1.
This Development Permit does not become effective until 15 days after the date of
issue.
2.
The Land Use Bylaw provides that any person claiming to be affected by a
decision ofthe Development Authority may appeal to the Subdivision and
Development Appeal Board by serving written notice of appeal, together with
reasons and the appeal fee as established by Council, to the Secretary ofthat
Board within 14 days after notice of the decision is given.
3.
A permit issued in accordance with the notice of decision is valid for a period of
12 months from the date of issue. If at the expiry of this period, the development
has not been commenced or carried out with reasonable diligence, this permit
shall be null and void.
Re: Application No.
NOTICE OF REFUSAL
You are hereby notified that your application for a development permit has been
REFUSED for the following reasons:
You may appeal this decision to the Subdivision and Development Appeal Board in
accordance with Part Four of the Land Use Bylaw. The appeal is to be made is writing to the
Secretary of that Board, together with reasons and the appeal fee as established by Council,
within fourteen (14) days after the date of issue of this notice.
Date of Decision
Date ofNotice of the Decision
Development Authority
Re: Application No:__
NOTICE OF DECISION OF THE DEVELOPMENT AUTHORITY
_--_-----------------------'--
This is to notify you of a decision of the Development Authority whereby a development
permit has been issued authorizing the following development.
Address of property:
Lot:
Block:
Registered Plan:
or Certificate of Title:
Date of Decision:
The Land Use Bylaw provides that any person claiming to be affected by a decision ofthe
Development Authority may appeal to the Subdivision and Development Appeal Board by
serving written notice of appeal, together with reasons and the appeal fee as established by
Council, to the Secretary of that Board within 14 days after notice of the decision is given.
Re. Development Permit Application No:
NOTICE OF APPEAL HEARING
This is to notify you that an appeal has been made to the Subdivision and Development Appeal
Board against a decision on Development Permit Application No.
concerning:
The decision was to
the development permit.
Place of Hearing:
Time of Hearing:
Date of Hearing:
Any person affected by the decision of the Development Authority may appear at the
Subdivision and Development Appeal Board hearing and make representations to the Board.
Anyone wishing to make a written presentation at the Hearing is requested to submit any written
brief to the Secretary of the Board before
Date
Secretary,
Subdivision and Development
Appeal Board
(W
Re: Development Permit Application No:
Development Permit No:
NOTICE OF APPEAL DECISION
This is to notify you that an appeal against a decision with respect to Application No.
Development Permit No.
was considered by the Subdivision and Development
Appeal Board on
, 19
and the decision of the Board is as follows
and for the following reasons.
Date
Secretary,
Subdivision and Development
Appeal Board
Note:
A decision of the Subdivision and Development Appeal Board is final and binding and
subject only to an appeal upon a question ofjurisdiction or law pursuant to the Municipal
Government Act, 1994, as amended. An application for leave to appeal may be made to a
judge of the Court ofAppeal within 30 days afier the issue ofthe decision by the
Subdivision and Development Appeal Board.
APPLICATION FOR AMENDMENT TO THE LAND USE BYLAW
I/We hereby make application to amend the Land use Bylaw.
Applicant: Name:
Telephone:
-
Address:
Owner of Land: Name:
Telephone:
Address:
Land Description: Lot:
Block:_ Registered Plan No:
Certificate of Title:
Amendment Proposed
FROM
TO
Reasons in support of Application for Amendment
DATE
SIGNED
STOP ORDER
Please be advised that you, as the registered owner, person in possession, or the person
responsible, are immediately required, by virtue of this Order as per Section 545 of the Municipal
Government Act, 1994, as amended, to stop
the development or construction of
the use of land being
on the parcel of land know as
and to
demolish
remove
by
to make same comply with the Village
of Edgerton Land Use Bylaw and the Municipal Government Act, as amended.
You may appeal this Order to the Subdivision and Development Appeal Board within 14 days of
the date of this Order. If you should fail to comply with this Order, the Village may take legal
action under the Municipal Government Act. The maximum fine for contravening a bylaw under
the Municipal Government Act is $10,000.
Date:
DEVELOPMENT AUTHORITY