Land Use Bylaw 2013-03 — full text

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## VILLAGE OF ANDREW LAND USE BYLAW NO. 2013-03   ## Table of Contents | 1 Introduction. | 1 Introduction. | 1 Introduction. | |---------------------------|----------------------------------------------------|---------------------------| | | 1.1 Title.. | | | | 1.2 Purpose | | | | 1.3 Definitions | | | 1.4 | Metric & Imperial Measurements.. | .31 | | | 2 Establishment of Districts and Regulations | 33 | | | 2.1 Establishment of Land Use Districts | 33 | | | 2.2 Establishment of Land Use District Regulations | 34 | | 3 General Administration. | 3 General Administration. | 3 General Administration. | | | | 35 | | | 3.1 Control of Development | .35 | | 3.2 | Development Not Requiring a Permit | 35 | | 3.3 | Non-Conforming Buildings and Uses.. | 37 | | 3.4 | Development Approval Authorities | 37 | | | A Development Applications | 39 | | | 4.1 Application for Development | 39 | | 4.2 | Referral of Applications | 43 | | 4.3 | Decision | 43 | | | 4.4 Development Permits and Notices. | 45 | | 5 Development Appeals. | 5 Development Appeals. | 47 | | | 5.1 Appeal Procedure | .47 | | | 5.2 Appeal Hearing | 47 | | | 5.3 Appeal Decision | 48 | | 6 Bylaw Amendments | 6 Bylaw Amendments | 51 | | | 6.1 Application for Amendment | 51 | | 6.2 | Public Hearing Process. | 51 | | 7 Enforcement. | 53 | |------------------------------------------------------------------|-------| | 7.1 Contraventions and Penalties | .53 | | | 55 | | 8.1 Accessory Buildings in Residential Districts | .55 | | 8.2 Accessory Buildings in Other Districts.. | 56 | | 8.3 Amateur Radio Antennas | 56 | | 8.4 Bed & Breakfast Establishments. | .57 | | 8.5 Car Washes | 57 | | 8.6 Churches & Other Places of Religious Assembly | 57 | | 8.7 Confined Feeding Operations & Manure Storage Facilities | ..57 | | 8.8 Development on Corner Lots. | ...57 | | 8.9 Drive-In Businesses | .58 | | 8.10 Existing Substandard Lots | .58 | | 8.11 Fences, Walls & Hedges | 58 | | 8.12 Home Occupations.. | .59 | | 8.13 Intensive Agriculture | .61 | | 8.14 Keeping of Domestic Pets & Livestock | 61 | | 8.15 Landscaping | 62 | | 8.16 Manufacture & Mobile Homes | 63 | | 8.17 Motels | 64 | | 8.18 Moved-In Buildings | 65 | | 8.19 Multiple Dwelling Developments. | .65 | | 8.20 Municipal Services, Sanitary Facilities & Road Availability | .66 | | 8.21 Number of Dwelling Units on a Lot. | 66 | | 8.22 Objects Prohibited or Restricted in Yards | 68 | | 8.23 Off-Street Loading. | 69 | | 8.24 Off-Street Parking | .70 | | 8.25 Projection into Yards | .73 | | 8.26 Protection From Exposure Hazards | .73 | | 8.27 Recreational Vehicle Parks | ..74 | | 8.28 Recreational Vehicles. | ..75 | | 8.30 | Signs | 77 | |------------------------------------|----------------------------------------------------------|------| | 8.31 | Site Conditions.. | 86 | | 8.32 | Solar Energy Collection Systems | .87 | | 8.33 | Sour Gas Facilities | 88 | | 8.34 | Subdivision of Land | 88 | | 8.35 | Topsoil Removal | 88 | | 8 36 | Wind Energy Conversion Systems, Large | 88 | | 8.37 | Wind Energy Conversion Systems. Small | 91 | | 8.38 | Wireless Communication Facilities.. | 92 | | 9 Land Use District Regulations .. | 9 Land Use District Regulations .. | | | | | ..95 | | | 9.1 R1 - Large Lot Residential District | .95 | | | 9.2 R2 - Small Lot Residential District | .98 | | 9.3 | R3 - Moderate Density Residential District | 101 | | 9.4 | RMH1 - Residential Manufacture Home Subdivision District | 105 | | 9.5 | RMHP - Manufactured Home Park District | 108 | | 9.6 | C1 - Downtown Commercial District .. | 113 | | 9.7 | C2 - General Commercial District | 116 | | 9.8 | M1 - Industrial District | 118 | | | 9.9 P - Community District | 120 | | | 9.10 | - Institutional District | 121 | | | 9.11 UR - Urban Reserve District | 122 | ... Enor! Bookmark not defined. ## 1.1 Title The title of this Bylaw shall be the Land Use Bylaw of the Village of Andrew. ## 1.2 Purpose The purpose ofthis Bylaw is to regulate the use and development of land and buildings within the Village to achieve the orderly and economic development of land, and for that purpose, amongst other things: - (1) to divide the Village into districts: - (2) lo 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 including the issuing of development permits: 4. (+) to provide the manner in which notice ofthe issuance of a development permit is lo be given: and - (5) to establish the number of dwelling units allowed on a parcel of land. ## 1.3 Definitions For the purposes ofthis Bylan: - (1) "abut" or "abutting" means immediately contiguous or physically touching, and, when used with respect to a lot on site, means that the lot or site physically touches upon another lot or sile, and shares a property line of boundary line with it: - (2) "accessory building" means a building separate and subordinate to the main buikling and use which is incidental to the main building and is located on the same parcel ofland. An accessory buikding to a residential use means a garage, carport. shed, storage buildings, hobby greonhouse. sundeck, patio or balcony, permanently installed private swimming pool or hot tub, and similar buildings. Where an accessory development is attached to the main building on a lot by a roof or an open or enclosod structure, except carports where vehicular access to the rear yard is not obstructed, said accessory development is part of the main building and not an accessory building and shall, unless otherwise specified in this Bylaw, adhere do the yard and other requirements for main buildings; ## 1 Introduction - (3) "accessory use" means a use customarily incidental and subordinate to the main use or building and is located on the same parect of land with such main use or building: - (4) "Act" means the Municipal Ciovernment Aer. R.S.A. 2000. as amended: - (5) "adjacent land" mcans land that is contiguous to a particular parcel of land and includes land that would bo contiguous ilnot for a highway. road. river or stream: - (0) "agricultural industry" means an industrial activity involving the processing. cleaning, packing or storage ofthe results from agricultural production. Agricultural industry includes, but is mod restricted to. sced cleaning and or processing plants, and grain clevators, batdoes not include the manulacture of processed foods resulting from agricultural production or abattoirs: - (7) "agricultural operation" means an agricultural operation as delined in the Agricultural Operation Practices Act: 6. (N) "agricultural production" means the production of'an agricultural operation. l shall also mean the agricultural product storage. service facilities and farmsteads which relate to the individual Tarm unit: - (9) "amusement establishment, indoor" means a desclopment providing recreational facilities with table games andior clectronic games played by patrons for entertainment, Indoor amasoment establishments include billiard parlours and electronic games arcades with tables and'or games and bowling alleys: - (10) "amusement establishment, outdoor" means a des clopment providng recreational facilities outdoors played by patrons for enterainment. Outdoor amusement establishments include amasoment parks, go-cant tracks, and miniature golf'courses. Howerer, outdoor amusement establishments do not include drise-in motion picture theatres, carivals or circuses: 9. "animal hospital" meansa building usco by rolerinarians primarily for the purposes ofthe consultation, diagnosis and office treatment of houschold pets. bur shall not include long-term board facilities for animals nor kennels: - (12) "apartment" means a dwelling containing thrce (3) or more dwelling units, but shall not mean row housing: - (13) "auctioneering establishment" means a development specifically intended for the auctioning ofgoods and equipment, including the temporary storage of such goods and equipment. Auctioncering establishments do not include Mea markets: - (14) "automotive and equipment repair shop" means a development where automobiles, motorcycles, snowmobiles and similar vehicles are serviced or - (15) "automotive and recreational vehicle sales/rentals establishment" means a development where new or used automobiles, trucks, motorcycles, snowmobiles. lent trailers, boats, travel trailers, or similar recreational vehicles or craft are sold or rented, together with incidental maintenance services and sale of parts. Automotive and recreational vehicle sales/rental establishments include 3. mechanically repaired and where related accessories and parts are sold and or installed. Automotive and equipment repair shops include transmission shops. muffler shops, tire shops, automotive glass shops, and upholstery shops, but not body repair or paint shops: - (16) automobile, recreational vehicle, and motorcycle dealerships and rental agencies: "basement" means the portion of'a development which is wholly or partially - (18) "boarding house" means a building or portion thercol where meals are served for a remuneration involving no more than threc (3) persons, exclusive of the occupant and immediate family. For the purposes of this Bylaw, boarding houscs shall not include an eating or drinking establishment, a drive-in restaurant. a refreshment stand, on other similar usc: - (17) below grade, having above grade no more than 1.8 m (6.0 A.) of its clear height lying below the finished level of the floor direcily above: "bed and breakfast establishment" means a development within a dwelling which possesses a dwelling unit. where Comporary sleeping accommodations, up to a maximum ofto (2) bedrooms, with or without meals, are provided for remuneration to members of the public. A bed and breakfast establishment shall include a boarding housc: - (19) "building" includes anything constructed or placed on, in, over or under land but road: Land Use Bylaw - does not include a highway or road or a bridge that forms part of a highway or (20)) "business support services establishment",.and it development providing support services to businese». Jusiness support services establishments are charcorized by One or more of the following features: the usc of minor Mechanical equipment for printing, duplicating, binding or photographic processing: the provision of office maintenance or custodial servicos; the provision of'office security: or the sale, rental, repair or servicing of office equipment, furniture and machines. Business support services establishments include printing establishments, film processing establishments, janitorial firms. and office equipment sales and repair establishments; - (21) "campground" means a development wheretents are crocled and or recreational vehicles are parked for the purpose ofovernight of short form accommodation. A campground includes any buikling, structure, dont. vehicle or enclosure accessory forthe main use that is located on the land and used as an integral part of the campground such as washhouses, gazebos, picnic shelters, ele.: - (22) "caretaker/sccurity residence" mcans a dwelling unit on a parcel of land which is incidental and contained within a main building. or one manufactured home which is incidental to the main use. provided that the dwelling uit is specifically used in conjunction with the protection of private property: - (23) "carport" means a roofed structure used for sloring or parking not more than 100 (2) vehicles and which has nod less than forty percent (+0'0) of its total perimeter open and unobstructed: - (24) "carrier" means a company or applicant that provides virdless commercial or essential institutional communications services: - (25) "cemetery" means derelopment of'land for the interment or entombment of the deceased, and may include, at the discretion ofthe Development Authorily. crematoriums, mausolcums and momorial parks or a religious assembly, and one allached or soparate manse: - (26) "co-location" means locating on a silo and toner with other Wireless Communications Operators: - (27) "commercial uso" means a business through which products, services, on entertainment are available do consumers, whether the general public or other commercial establishments, and does not include the manufacturing of products Commercial uso shall include animal hospitals, bed and breakfast establishments. business support services establishments, campgrounds, drive-in businesses. drive-in restaurants, cating and drinking establishments, onertainment establishments, general retail stores, greenhouses. health services, highway commercial uses. hotels, office uses, personal service shops, recreation camps. recreational vehicle parks, and resorts: - (28) "confined feeding operation" means a confined fooding operation as defined in the Agriculamal Operation Practices Acr: - (29) "contractor service, limited" means a development where clectrical, plumbing. heating, painting and similar contractor services are provided, primarily do individual households, and where goods normally associated with the contractor service may be stored and sold, where all materials are kept within an enclosed building, and where there are no accessory manufacturing activities or parking or storage of more than four (4) vehicles: - (30) "contractor service, general" means a desclopment where building, concrete, landscaping, electrical, excavation, drilling, heating. plumbing, paving. road, oil field, pipeline, or similar services of'a construction or services nature are provided, which have on-site storage of materials, construction equipment, or vehicles normally associated with the contractor service, and which is not a limited contractor service. Any sales, display, office or technical support service areas shall be accessory to the main usc only: - (31) "corner lot" means a lot having boundary lines on two or more roads or highways, or with a road and a highway, at their intersection or junction. Comer lot also means a lot having a boundary line at a point where a road or highway changes direction by a minimum of 45 degrees within the boundaries of the lot: - (32) "Couneil" mean the Council ofthe Village of Andrew: - (33) "coverage" means the sum of'the ground floor areas of all buildings on a lot divided by the area of the lot: 5. (3-1) "date of issue" means the date on which the notice of'a decision of the Devełopment Authority is published, or fire (5) days after such a notice is mailed: - (35) "day care facility" means a provincially licensed development providing daytime personal care, maintenance and supervision to seven (7) or more children under the age of eleven (11) years, by persons unrelated to the children by blood or marriage, but does not include overnight accommodation. Day care facilities include day care centres, day nurseries. kindergartens, nursery school, and play schools and after school or baby-sitting programs which satisfy this definition. Day care facilities shall not include a day home, a family care facility, a group care facility, ora school operated by a School Division: - (36) "day home" means a development operated from a dwelling supplying supervision to a maximum of sis (6) children under the age of eleven (11) years or senior citizens, including any resident children and seniors, for periods of more than three (3) but no more than fourteen (14) consecutive hours. A day home may supply an outside recreation space that is both fenced and gated, and shall meet all fire regulations and health regulations: - (37) "deck" means any open structure attached to a building having a height greater than 0.6 m (2.0 fì.) above grade, and thereby requiring stairs and railings as outlined in regulations approved under the Safety Codes Act. A deck shall not have walls higher than 1.25 m (4.1 П.) oraroof: - (38) "density" means a measure ofthe average number of persons or delling units per unit of area: - (34) "developer" nicans an ourner, agent or any person. Tirm or company required lo obtain or having obtained a derelopment permit: - (40) "development" means 4. (a) an excavation or stockpile and the creation of either of them. or 5. (b) a building or an addition to or replacement or repair of a building and the construction or placing of'any of them in, on, oser or under land. or 6. (C) a change of'use ofland ora building oran act done in relation to land ora buikding that results in or is likely to result in a change in the use of the land on building. or 7. a change in the intensity ofuso ofland ora 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 of the land or building: 8. in the case of a lotused forresidential purposes, alterations made to a balding or an additional building on the lot whether or not the burkang isa dwelling on part of a celling unit. and without restricting the gonerality of the foregoing, includes: - (ii) in the case of'a lotused for other than residential porposes, alterations or acklitions made to a building on the lot or a use of the lot which monkl increase either the capacity of the buikding or the intensity of use of the lot. - (iii) the display ol'advertisements or signs on the cafenior of a buikling or on any land. - (iV) the deposit of'carth, debris, waste materials, reluse, or any other material on any land. including land already being used for that purpose. crit the natural topography on drainage is altered, - (1) any increase in the number of houscholds occupying and living in any buikding oron any sile, and any construction or alterations or additions which would provide for an increase in the number of households which could occupy and live in any buikling or on any sile, including any increase in the bomber of dwelling units in a building or on a sile. - (vi) the placing of'reluse or waste material on any land, - (vii) thouse of land for the storage or repair of'motor vehicles or other machinery or equipment. - (vili) the continued use ofland or ofa building for any purpose for which it is being used unlawfully when this Bylaw comes into effect. - (ix) the demolition or removal of a building. - the placement of an already constructed or a partially constructed building on a parcel of land. - the use of land for the parking of trailers, bunk houses, portable dwellings, skid shacks, or any other type of portable building whatsoever, whether or not the same has been placed or affixed to the land in any way. - the remoral of topsoil from land. - the recommencement of the use to which land or a building has been previously put if that use has been discontinued for a period of more than six months, or - (xic) the use of land for storage purposes or for the repair of equipment. vehicles on other kinds of machinery: - (HI) "development authority" means the desclopment authority of the Village as established by the Village's Derelopment Authority Bylaw; - (42) "development authority officer" means the development authority officer of the Village as established by the Villago's Development Authority Bylaw; - (43) "development permit" means a document authorizing a derelopment issued pursuant to this Land Use Bylaw: - (44) "discontinued" means the time at which, in the opinion of the Desclopment Authority, substantial construction activity or use. whether conforming or not confonning to this Bylaw, has coasco; - (45) "discretionary use" means the use of land or a building provided for in this Land Use Bylaw for which a development permit may he issued upon an application having been made: - (46) "domestic pets" means animals which are not livestock as delined in the Agricultural Operation Practices Act and which are often kept within a dwelling unit. Such animals include dogs, cats, and similar animals: - (47) "drinking establishment" means a development possessing a Class A Minors Prohibited liquor license, where the sale and consumption of liquor on site are opento the public and where alcohol, rather than food, is tho predominant item consumed A drinking establishment does not include an entertainment establishment: - (-18) "drive-in business" means a development which serves customers traveling in motor vehicles driven onto the site where such business is carried on, where normally the customer either remains in the vchicle for service, or parks the vehicle for a short period for the purpose of doing business at the premises. Drive-in businesses include   service stations, gas bars, drive-in restaurants, drive-through sehicle service establishments such as lubrication shops. recycling depots, and car washes: - (-19) "drive-in restaurant" means an cating andrinking establishment which is designed as a drive-in business. Drive-in restaurants may bave one ormore ofthe following features: car attendant services, drive-through food pickup services, or parking primarily intended to allow for the on-sile consumption of food within a motor vehicle: - (50) "duples" means a dwelling contaming to (2) celling units which share a common ball, andoroshich are located in part or in whole one above the other: - (51) "dwelling" means any building used exclusively for human habitation. This definition shall include single family dwellings, duplexes, semi-delached dwellings. ros housing, apartments, and manulactured homes: - (52) "dwelling unit" means a complete dwelling or self-contained portion of'a direlling, set or suite ofrooms which contains sleeping, cooking and separated or shared lodet facilities, intended for domestic use. and used on intended to be used permanently, semi-permanenly, or scasonally as a residence for one (1) houschold. and which, except for a secondary suite. is not separated from direet access to the outside by another separate dwelling unit: - (53) "delling, single family" means a buikding consisting of one (1) dwelling unil A single family dwelling is a dwelling which is normally constructed on-sile However a single lamily dwelling may be constructed in pieces off-sile. or eren in one picce. with the piccers) being transported to the sile for assembly on-sile. and thus may be a modular du elling: - (54) "eating and drinking establishment" means a development where food and or beverages are prepared and offered for sale do the public. for consumption within the promises, at an accessory outdoor scating area on the sile, or off the sile. An cating and drinking establishment does not include cither a drinking establishment or an entertainment establishment unless otherwise provided for in an approsed development permit: - (55) "entertainment establishment" means a desclopment where persons are entertained by music. theatre, or the like. An entertainment establishment includes theatre. dancing or cabaret entertainment. whether recorded or live. An cating and drinking specifically provided for in an approved development permit; - (56) "equipment rental establishment" means a derelopment where lools. appliances, recreation craft. office machines. furiture. light construction equipment, or similar items are rented and serviced. Equipment rental establishments do not include developments where motor vehicles or industrial equipment are rented or serviced: - (57) "excavation" means any breaking of ground, except common houschold gardening and ground care: - (58) "extensive agriculture" means the use of land or buiklings, including one dwelling, for an agricultural operation, but not including intensive agriculture or a confined feeding operation which requires either a registration or an approval under Part 2 of the Agricultural Operations Practices Act; - (59) "extensive recreation" means a development where the prime reason for location is to lake advantage of natural features including the availability of large areas of land to provide for non-facility oriented recreational activities. In the context of'a large area of land, that is, anything over 32 ha (79.1 ac.), exlensive recreation may include such activities as hunting, trail riding, snowmobiling, hiking and other similar uses. In the context of a smaller arca of land, that is, anything under 32 ha (79.1 ha), extensive recreation may include the provision of opportunities for viewing nature, fishing, relaxation, and rest, and may or may not include a site where only one or 110 recreational vehicles or campsites may be located, and'or one cottage, single family dwelling or manufactured home: - (60) "exterior wall" means the outermost point of a building projection, including, but not limited to, bay windows, oval windows, chimneys and verandas, but not including roof overhangs less than 0.6 m1 (2.0 (1.): - (61) "family care facility" means a facility which provides resident service in a direlling to six (6) or ferrer individuals who are not related to the resident household. These individuals are physically handicapped, aged, or disabled, and in need of adult supervision for those reasons and are provided service and supervision in accordance with their individual needs. This category includes foster or boarding homes for children, but not group homes; - (62) "fence" means a vertical physical barrier constructed to try to reduce sound on visual intrusion or to limit unauthorized access; - (63) "floor area" means the total area of all Moors of a building above grade within the outside surface of'exterior walls or within the glassline of exterior walls and the centreline of fire walls, but not including the Moor area of basements, attached garages, sheds, open porches or breczeways, except that all dwelling units in an apartment shall be included in the calculation of Moor arca; - ((1t) "floor/area ratio" means the radio or decimal resulting from dividing the Noor area ofall buildings bytholoral site area of the parcel on which the buildings are located: - (65) "free standing portable sign" means a sign on a standard or column fixed to its don selF-contained base and capable of being more manually: - 1606) "front lino" means the boundary line ofa lot lying adjacent to a highway on road. In the case ofa comer lot. the shorter ofthe to boundary lines adjacent to the highway or road shall be considered the front line. - (67) "front yard" means a yard extending across the full width ofa lot from the fron line of the lot to the nearest wall of the main building situated on the lor. - (68) "fur farm" mcans any land, buikling. on promises used tor the keoping. brocding, or rearing of furbearing livestock: - (69) "garage" means a boikling to be used forthe storage of vehicles such as a passenger car, a truck with a gross schicle weighe oftwo (2) tonnes or loss, a recrcational rehicle. a boat, or similar chattels: - "general retail establishment" means a derclopment where, among other goods. groceries, beverages. houschold goods, fumiture, appliances. home improvemen supplies, hardware, printed matter, confectionary, tobacco, pharmaccutical. personal care items, automotive parts and accessories, electronic equipment. recordings, office equipment, stationary, second hand goods, and similar goods are bought, rented, ander sold, except forany and all types of alcoholic borerages. Minor public services, such as postal services and film processing depots may also he provided: - (71) "government services" means a development where municipal, provincial. o federal govemment services are provided direedly to the public. Govermone services do not include prodective and emergency services, major and minor utility services, and public education facilities. Ciovernment services may include government administration offices, courthouses, postal distribution offices. manpower and employment offices and social services offces: - (72) "grade" means the ground level adjacent to the enterion walls of'a buikling. If the ground is not entirely level, the grade shall be the average of the clevation of the ground around the perimeter of the building: - (73) "greenhouse" meansa commercial establishment. with or without a buikding, where vegetables, Mowers and other plants are grown for sale as plants, and which may include a market garden or plant nursery: - (74) "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 physically handicapped, aged, or disabled, and in need of adult supervision for those reasons and are provided service and supervision in accordance with their individual needs. This category includes foster or boarding homes for children, but not group homes: - (75) "group home" means a building or portion of a building used for the care or rehabilitation or adults or children which is not predominantly related to age or a physical disability or the care or rehabilitation of the aged or the physically disabled, Group homes include hallivay houses, addiction rehabilitation centres, care which is an alternative to legal incarceration, or treatment for mental illness or mental instabilily: - (76) "guest housc" means an accessory building to a single family dwelling, which contains a dwelling unit or part of'a dwelling unit which is used solely by members of the family or by temporary guests of the family occupying the single family dwelling: - (78) "health service" means a development where physical or mental health services are provided on an out-patient or on an in-patient basis. I the services are provided on an in-patient basis, health service may include room and board for the sick, injured, or infom, and may also include accessory staff'residences. Such services may be of a preventative, diagnostic. treatment, therapeutic, rehabilitative, or counseling nature. Health services include medical, chiropractic. and dental offices, health clinics and counseling services, hospitals, sanitariums, nursing homes, convalescent homes, isolation facilities, psychiatric hospitals, auxiliary hospitals, and detoxification contres: - (79) "heavy industrial use" means a development which would be considered to be a light industrial use except that, in the opinion of the Development Authority, the development may not be able to co-exist compatibly in proximity to other uses or population concentrations due to: the polential for an adverse environmental impact beyond the immediate site of the ndustrial use: the potential for significant loxic or noxious by-products such as air or water-born emissions; or the potential to emit significant noise, smoke, dust, odour, vibration, cic., which may bo offensive or hazardous to human health, safety or well-being. Ieavy Industrial uses also include: the storage of toxic, flammable or explosive products in significant quantities; rendering plants, petro-chemical industrial establishments, and alfalfa processing plants or large-scale outdoor storage that is unsightly or visually offensive: - (80) "heavy truck and equipment storage" means the on-lot storage, inside a single accessory building, of heavy trucks and equipment owned and operated by a resident or residents ofthe single family dwelling or manufacted home situated on the same lot: - (S1) "height" means. when used in relation doa building, the vertical distance between the grade and the highest point of'a building that is not a stainay entrance. a ventilating lon, a skylight, a steeple, a chimney. a smoke stack. a fro wall. ora hagpole or similar device not structurally essontial to the building; - (S2) "highway" means a highway as defined in the lublie Highways Derclopment Act. R.S.A. 2000: - (X3) "highway commercial" means a commercial use intended to serve the motoring public and includes, but is not limited to, service o gas stations, drise-in restaurants. and motels: - (X-1) "home occupation" means any occupation, trade profession, on craft carried on byan occupant ofa delling as a use secondary to the residential usc of the buikling, and which does not change the character ofor have any esterior evidence ofsuch secondary uso other than a sign as allowed in this Bylaw. For the purposes ofthis Bylaw, home occupations are divided into to sub-classifications - major home occupations and minor home occupations - with spocife regulations for cach as indicated in this Bylaw A minor home occupation does not include any business which would normally attract more than five (5) clients per weck. or the cmploymen at the dwelling oraccessory buikdings of any paid assistant, other than the occupants ofthe dwelling, A major home occupation may include a business which would normally attract more than fire (5) clients per weck, but does not include the employment at the celling or accessory buildings of more than esto (2) paid assistants, other than the occupan and the occupant's Jamily: - (NS) "hotel" means a building containing rentable units, occupied or equipped to be occupied as a temporary abode for tourists or transients, which also may contain a general retail establishment, a drnking establishment, or an cating and drinking establishment: hoverer, a hotel shall nod include an enterainment establishment unless specifically provided forin an approved desclopmend permit. A hotel shall nod include a workcamp: - (86) "houschold" means: - (a) a person. or - (b) two (2) or more persons related by blood, marriage. i common law relationship, or adoption, or - (c) a group of'not more than fire (5) persons who are not related by blood. marriage, or adoption. all living logether as a single housekeeping group and using cooking facilities shared in common. A household may also include bona fide servants, up to two (2) boarders or lodgers, or up to four (4) foster children; - (87) "houschold repair service" means a development where goods, cquipment and appliances normally found within a dwelling unit may be repaired. Houschold repair services include radio, television, appliance and electronics repair shops, and furniture relinishing and upholstery shops, but not personal service shops. Houschold repair services do not have any outdoor storage: - (88) "indoor recreation facility " means a derelopment for sports and active recreation within an enclosed building. Indoor recreation facilities include such facilities as ice arenas, gymnasiums, curling rinks, swimming pools, and similar, though smaller. facilities. As well. indoor recreation facilities may also include meeting rooms and cating and drinking establishments as accessory uses: - (89) "industrial vehicle and equipment sales/rentals establishment" means a development where new or used heavy vehicles, machinery or mechanical equipment typically used in building, roadway, pipeline, oilfiekd, and mining construction, manufacturing, assembling, and processing operations and/or agricultural operations are sold or rented, together with incidental maintenance services and sale of parts. Industrial vehicle and equipment sales/rental establishments do not include truck and recreational vehicle sales/rental establishments or automotive and minor recreational vehicles sales/rental establishments: - (90) "institutional use" includes but is not limited to hospitals, public offices. educational facilities, religious assemblies, libraries and senior citizen housing: 5. "intensive agriculture" means an agricultural operation which operates on an intensive basis. Without restricting the generality of the foregoing, this shall include nurseries, greenhouses, and kennels, but not confined feeding operations; - (92) "intensive recreation" means high density recreational activities such as campgrounds. picnic grounds, fishing lodges, beach areas, marinas, riding stables, race tracks, sports fields, golf courses, arenas, swimming pools, lennis courts and other similar activities: - (93) "kennel" means a development in which four (4) or more domestic pets over six (6) mails in ago are maintained, boarded, bred, rained or eared for or kopt for purposes - (94) "landfill" means a disposal site employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards. A landfill shall be caned by either a municipal corporation or agency or by a municipally-owned corporation or agency: - (95) "landscaping" means lawns, frees, shrubs. ornamental plantings, fences, walks. or other structures and materials used in modern landscape architecture: - (461) "lane" means a right-of-way on which motorized schicles are normally allowed lo operate which is 10m (32.8 li) or less in width: - (97) "lattice tower" means a non-solid structure made up of vertical. horizontal and diagonal members assembled in triangular on square faced scctions that can bo stacked to obtain height The structure can stand by itself (self-supporting), on a foundation. or it may be ofthe type requiring supporting assistance of cables (guved lover): - (98) "library and cuttural exbibit" means a des clopment where literary, artistic. mumcipal and or similar reference materials in the form of books, manuscripts. recordings and films are stored, collecred, available. and distributed for public use. victing, or enjoyment: ora desclopment where works or objects of historical, scientific on artistic value are collected, presersed and exhibited to the public. Libraries and cultural enhibits incholes libraries, muscums, and art galleries: 5. (44)) "light industrial uso" means a desclopment which. in the opinion of the Development Authority, may be able do co-exist compatibly in proximity to other uses or population concentrations. Light industry is usually less capital intensive than heavy industry, and is more consumer-oriented than business-oriented. Light industries require onlyra small amount ofraw materials, area and power. For further clarification it means where: 6. (a) raw materials are processed. and or 7. (b) semi-linished or finished goods, products or equipment are manulactured and or assembled, and or 8. (e) malerials, goods and cquipment normally associated with industrial or commercial business are elcaned. serviced, repaired. salvaged, andor lested. andor - (11) goods and cquipment associated with personal or houschold use are cleaned, serviced, andor repaired, andor 10. (c) materials, goods and cquipment are stored and or transhipped, ander - (1) materials, goods and equipment are distributed and or sokd to institutions andfor industrial and commercial businesses for their direct use and'or to general retail establishments andor other retail establishments for resale to individual customers, andor 12. (g) personnel are trained in general industrial operations, in such a manner, in the opinion of the Development Authority, that an adverso environmental impact is not ereated beyond the immediate site of the general industrial use, which does not produce significant loxic or noxious by-products. and which is compatible with other industrial and commercial uses in a concentrated setting, General industrial uses include motor vehicle body and paint shops, but do not include the preparation of food and or beverages for direct sale lo the public. Any indoor display, office, technical or administrative support arcas or any relail sale operations shall be accessory and subordinate to the general industrial use activities identified above. The Moor area devoted to such accessory activities shall not exceed a total ofthirty-three percent (33%%) of the total foor area of the building or buildings devoted to the general industrial use, except that this restriction shalt not apply where, in the opinion of the Development Authority. a significant portion ofthe industrial activity naturally and normally takes place out - (100) "liquor store" means a desclopment on a part ol'a development uscd for the retail sale of'any and all types of alcoholic borerages to the public for consumption off promises. This use may include the retail sales of related products such as soft drinks and snack foods: - (101) "livestock" means livestock as defined in the Agricultural Operation Practices Act: - (102) "livestock sales yard" means any encloscd area of land, with or without accessory buildings or struetures, upon which livestock is collected for sale or for markel distribution: - (103) "living quarters" means the developed area within a dwelling but does not include basement, garage or carport. patio, or atrium: - (104) "lot" means 6. (a) a quarter section, 7. (c) i part ol'a parcel of land described in a certificate of title if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision, or 8. (b) a river lot, lake lot, or settlement lot shown on an official plan referred to in the Surveys Act that is tiled or lodged in a Land Titles Office. 9. (d) a pane pra predestini desce bertimate officity retenth audano subdivision:   - (105) "lot width" means the length of'a line parallel to the front line or, in a lot with a curved front line. perpendicular to a line running boreen the mid-point of the front line and the mid-poind ofthe rear line. measured at a distance from the front line equal to the minimum required front yard: - (106) "main building" means a building in which is conducted the main or principle use of the site on which it is erected: - (107) "main use" means the primary purpose or purposes for which a buikding or lol is uscd: - (108) "maintenance" means the upkeop ofthe physical form of'any buikling which does not require a permit pursuant to the Satery Codes Act. Maintenanco will include painting, replacing Mooring, replacing rooding materials, but will nor include any activity that will increase the habitable Noor area of'any dwelling unit or the internal volume of'any building: - (109) "manufactured home" meansa single family dwelling, manulactured in full compliance with both the Canadian Standards Association ((SA) Z-240 M National Mobile Home Standard and the Alberta Building Code (ABC), bearing a prominently displaced CSA Z240N Mobile Home label AND an Alberta Municipal Affairs label that certilos compliance to the ABC. Notwithstanding the regurement regarding labels. should a building not have a label. it can still be considered a manufactured homo for the purposes of this Bylaw should the inspection and upgrading procedures oudlined in Section 8.32 of this Bylaw be followedEA manufactured home is normally constructed off-site and then transported to its site, Upon arriving at the site for location, apart from incidental operations such as placement on a foundation and connection of utilities, it is ready for year round use as a dwelling for one houschold. However. a manulactured home may be entirely constructed on-sile: - (110) "manufactured home park" mcans a parcel of land under single on nership which has been planned and divided into rentable spaces or lots for the long-term accommodation of manufactured homes: 7. (I1) "manure storage facility" mcans a manure storage facility as defined in thie Agricultural Operation Practices Act: - (12) "may" is an operative word meaning a choice is available, with no particular direction or guidance intended: - (113) "mobile home" means a single detached dwelling comprised of one or more large factory-built sections. I is manufactured in compliance with the C'SA 7240 ME National Mobile Home Standard but not with the Alberta Building C'odo (ABC). A mobile home refers to a manufactured home that was constructed prior to 1991. Notwithstanding the requirement regarding a label, should a building not have a label, it can still be considered a mobile home for the purposes of this Bylaw should the inspection and upgrading procedures outlined in Section 8.33 of this Bylaw be followed: - (11t) "modular dwelling" means a single detached dwelling constructed in large sections, away from the home site, and under controlled conditions. Il does not refer to a type ofdwelling but rather to a method of construction, and includes manufactured homes, mobile homes and single family dwellings: - (115) "motel" means a development where members of the travelling public are lodged for briet periods oftime, normally not exceeding seven (7) days, in rentable units, and where access to each of the rentable units is individually available from grade, citherat grade or via stairways. A motel may include minor eating and drinking establishments and convonience retail stores, but shall not include a liquor store, an entertainment establishment, or an establishment where there is a dance floor. A motel shall not include a workcamp: - (116) "Municipal Planning Commission" means the Municipal Planning Commission appointed pursuant to Village's Municipal Planning Commission Bylas and the - (117) "municipality" means the Village of Andrew: - (118) "must" is an operative word, which means, similarly to the word shall. That an action is imperative or mandatory: - (119) "natural area" means an area of land andor water especially dedicated to the protcetion and maintenanco of biological diversity, and of natural and associated cultural resources, and managed through legal or other effective means. Arcas such as groomed parks, recreational arcas for sports, and schoolyards are not included in this definition. - (120) "natural resource estraction industry" means an industry engaged in the extraction of natural resources such as trees, clay, sand and gravel, limestone, shale, coal, and other minerals including petroleum and natural gas and which may include bringing these logether with other clements such as power or water into integrated processes for the purpose of primary treatment into a marketable form; - (121) "non-conforming building" means a building - (a) that is lawfully constructed or lawfully under construction at the date a land use bylaw affecting the building or the land on which the building is situated becomes effective, and  - (b) that on the date this land use bylan becomes effective does not. or when constructed will not. comply with this land use bylan: - (122) "non-conforming esc" means a law fol specifie use - (il) being made of land or a building on intended to be made of'a buikling Janfully under construction, at the date a land use bylaw affecting the land or beakding becomes effective. and - (b) that on the date this land use bylaw becomes effective does not, or in the case of'a building under construction will not comply with this land use Bylaw: - (123) "nuisance" means any act or deed. or omission. or thing, which is on coukl reasonably be expected to be annoying, or troublesome, or destructive of harmful. or inconvenient or injurious to another person and or their property, or anything troublesome or bothersome to other poople for which complaints are received either bythe Nunicipality's office or the Royal Canaclian Mounted Police. whether or not such act or deed or omission or thing constitutes nuisance al common law: - (124) "obnoxious" means. when used with reference to a development. a use which by its nature, or from the manner of carrying on the same. may, in the opinion of the Derelopment Aubority, create noise, vibration, smoke, dust or other particulate matter, odour, toxic or non-losio maller. radiation. fire, or caplosive hazard. heal. humidity, glare, orunsightly storage of goods, materials, salvage. junk, waste or other materials, a condition which, in the opinion ofthe Derclopmen Authority. may be ormay become a nuisance, onwhich adversely affects the amenities of tho neighbourhood or which may interfero with the normal enjoyment of any land or building: - (125) "occupancs" means the use or intended use ofa building or part chercol for the shelter or support of persons or properly: - (126) "occupant" means any person occupying or having control overthe condition of any property and the activities conducted on any property, be such person the erner, lessec, tenant or agent ofthe caner or whether such person resides tercon or conducts a business thercon: - (127) "of-highway vehicles" means any motorized mode oftransporlation built for cross-country travel on land. water, snow, ice, marsh or swamp land or other natural terrain and, when designed for such travel and without limiting the generality ofthe foregoing includes: - (a) 4-whcel vehicles: - (b) Low pressure tire vehicles: - (c) Motorcycles and related 2-u hect vehicles: - (d) Amphibious machines: - (e) All-lerrain vehicles; - (f) Miniature motor vehicles: - (g) Snow vehicles: - (h) Mini-bikes: and - (1) Any other means of transportation that is propelled by any power other than muscular power of wind: but does not include: motor boats or any other vehicle exempt from being an off-highway vehicle by regulation. - "off-street" means. when used as an adjective. that the defned thing is not located on a road or highway, but rather a lot, and, further, that it is not directly accessory to a particular use or development on a lot: - (129) "offensive" means, when used with reference to a development, a ust which by its nature, or from the manner of carrying on the same, creates or is liable 10 create by reason of'noise, vibration, smoke, dust or other particulate matter. odour, toxic or non-toxic matter, radiation. fire, or explosive hazard, heat. humidity, glare, or unsightly storage of goods, materials, salvage, junk, waste or other materials, a condition which, in the opinion of the Development Authority, may be or may become hazardous or injurious to health or safety, or which adversely affects the amenities ofthe neighbourhood, or interferes with of may interlere with the normal enjoyment of'any land or building - "office usc" means a development where goverment, professional, management. administrative, consulting, and financial services may be provided. Ofice uses include the offices oflawyers, accountants, engineers, architects, and realtors. Office uses also include insurance firms: clerical, secretarial, employment and telephone answering and similar office support services; banks, credit unions, loan offices and similar Gnancial institutions: the offices of governmental and public agencies: - (131) "open space" means land and water areas which are retained in an essentially undeveloped state and often serve one or more of the following uses: conservation ofresources; ecological protection; recreation purposes; historic or scenic purposes; enhancement of'community values and safety; maintenance of future land usc options: - "outdoor storage" means a development where, in the opinion of the Development Authority, goods, materials, or equipment are or may be placed outside of a building on a more or less permanent or continuous basis: - (133) "unner" means  - (a) in the case of land oned bythe 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 ol'any other land, the person shown as the owner of land on the municipality's assessmond role propared under the Act: - (131) "parcel ofland" means the aggregate of one or more aneas of land described in certificate of title on described in a certificate oftitle by reference to a plan filed on registered in a Land Tilles office: - (135) "park model" means a type of recreational schicle: honorer, for the purposes of this Bylaw, park models are not allowed in any District within this Land Use Bylaw unless cither recreational vehicles or recreational vehicle parks are listed as a permitted on a discretionary ose within the District and, forther, that a park model has been specifically idemified and approved by the Development Authority within an approved development permit. As well, park models shall not be usee as desellings within the municipality, Thero are a number of types of park models. Currently to typos described belon are recognized by the recreational vehicle indusiry. - (al) Park Model Trailer 102 is a unit designed to be lowed by a heavy-duty lon rehicle (auto, van, pick-up truck, cre.) but is of restricted size and weigh so that it does not require a special highway movement permit. The maximum widt when being tom cd is ?.6 m (8.5 A.). These units aro designed for infrequent towing, and are not normally filled with a 12-vol system for fixtures and appliances. Once on sile in the set-up mode it normally must be connected to the local utilities. This style is normally built on a single chassis mounted on wheels. I usually has one or more stide-outs, but when in set-up mode the gross trailer area normally does not excced 372 mr (100 sa. l.). A contorms to dho C'SA %-240 Standard for recreational vehicles. - (b) Park Model Recreational Unit is a unit built on a single chassis mountedl on tiheels. which may be remove and returned to the factory. The unit is designed to facilitate occasional relocation, with living quarters for a temporary residence or seasonal usc, and normally must be connected to those utilities necessary forthe operation of installed fixtures and "plianees: I normally has a door area, including lovis, not exceeding S0 (540 sc. It.) in the set-up mode and has a width greater than 2.6 m (8.5 (.) in the transit mode. Park Model recreational units almost always require a special tons vehicle and a special permit to move on the road as the width of the unit is greater than 2.0 m (8.5 l.). A conforms to the (SA Z-241 Standard for recreational vehicles. - (136) "parking area" means the arca set aside for the storage and'or parking of vehicles, Components of parking areas include parking spaces, loading spaces. - aisles, entrances and exits to the parking area, and traffic islands where they are part of the parking arca. A parking aren may be within a building: - (137) "parking lot" means a parking arca which is located on a lot and not accessory lo a particular use or derelopment; - (138) "parking space" means an arca set aside for the parking of one (1) vehicle: - (139) "patio" means any developed surface adjacent to a building on a site which is less than 0.6 m (2.0 M.) above ground level: - (140) "permitted use" means the use of land on a building provided for in a land use Bylaw for which a development permit shall be issued upon application having been made, provided that all of the regulations of this Bylaw, and all of the matters leftto the discretion or the satisfaction of the Development Authorily; have been satisfied to the satisfaction of the Development Authority: - (141) "personal service shop" means a development where personal services related to the care and appearance ofthe body, or the cleaning and repair of personal effects are provided to persons, Personal service shops include barbershops, hairdressers, beauty salons, tailors, dressmakers, shoe repair shops, dry cleaning establishments, and laundromats; - (142) "private club" means a development used for the meeting, social or recreational activities of members of'a non-proft philanthropic, social service, athletic. business or frateral organization. with neither on-site dwellings nor hotel or motel rentable units. Private clubs may include cating and drinking establishments and rooms for assembly: - (143) "protective and emergency services" means a development where the administration of the protection of persons and properly from injury, harm or damage takes place, and where the cquipment necessary for such activities is stored, maintained, and supplied. Protective and emergency services include police stations, detention centres, fire stations, and accessory training facilities: - "public education facility" means a development where educational, training, or instruction occurs under the auspices of'a School Division or under the auspices ofan organization authorized by the Province to provide education similar to that which would be provided by a School Division. Public education facilities include the administration offices, storage, and maintenance operations of the School Division. Public education facilities include public and separate schools, community colleges, universities, technical and vocational schools, and private academies or "charter schools", and their administrative offices and maintenance facilities:  - (145) "public or quasi-public building" means a buikding which is owned or leased by a depariment or agency of the federal or provincial goverment. or the Municipality for purposes of public administration and services and shall also include a building for the purpose ofassembly, instruction, culture or enlightenment. or for community actics: - (16) "public or quasi-public use" means ause bya department or agency ofthe federal or provincial government or the Municipality, for public administration and services and shall also include uses for the purpose of assembly, instruction. culture or enlightenment. or for community related activities: - (147) "public park" means a derelopment designed or reserved for active or passive recreational usc, including all natural and man-made open space and landscaping. facilities, playing biekds, and buildings that are consistent with the general purposes of recreation, whether ornot such recreational facilities are publicly operated on operated by other organizations pursuant to arrangements with the public authority owning the public park. Public parks inchede tot lots, band shells. picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds. Waller features, baschall diamonds, football fickds, soccer pitches, and similar outdoor sports fiekds: - (148) "public-serving recreation area" means a campground. day usc area, picnic site. lodge, biking and skiing trail and other similar uses as descloped by cither private or public interests: - (149) "publie utility" means a public utility as defined in the Act; - (150) "public utility building" means a building in which the proprictos of'a public utility, as defined in the Act, maintains its office or offices and or maintains or stores any cquipment used in connection with the public utility: - (151) "pearline" incans the boundary line ofa lot lyng opposite to the lions line of the lot andor farthest from a highway or road: - (152) "rear yard" means a yard extending across the full width of a lot from the nearest wall ofthe main building situated on the lot. to the rear line of the lor: - (153) "recreation camp" means a development that contains accommodation facilities and is used wholly of partly for recreational purposes, and without limitation. includes trail riding ranches and guest ranches, rural exporience camps, survival training camps. Tislung and hunting camps. religious camps and camps for disabled persons: - (154) "recreational use" means a recreational development conducted on a unified basis on a single site where the prime reason for location may be to take advantage of natural features. A recreational use may include the provision of day to day sporting and athletic facilities and the structures incidental thereto such as ski slopes, golf courses, archery, trap and rifle ranges, racetracks, boating, swimming, picnicking. athletic, and similar uses, and may include a refreshment stand incidental to the primary use. However, recreational use does not include extensive recreation, or a campground, a recreational vehicle park or a recreation - (155) "recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational camping or travel use, which either has its own motor or is mounted or drawn by another vehicle. Recreational rehicles include travel trailers, camping trailers, truck campers, 5" wheels, or motor homes, but not boats, manufactured homes, oft-highway rehicles, a park model, a garage package, ora cabin on any sort of transportation device such as skids or Wheels up to a maximum interior space of75 mr (807.3 sq. (.). Any vehicle larger than 75 m' (807.3 so. A.) in interior space shall be considered to be a manufactured home for the purposes of this Bylan; - (156) "recreational vehicle park" means a development on which three or more recreational vehicles are harboured, without regard to whether a fee or charge is paid or made, and shall include any building, structure, tent, rehicle or enclosure used or intended foruse as part ofthe equipment of such recreational vehicle park. A recreational vehicle park may include within it a campground; - (157) "recreational vehicle storage means a development which provides fenced or indoor, sccure, on-site storage of more than threc (3) recreational vehicles: 4. "reeyeling depot" means a development where bottles, cans, newspapers, and similar non-hazardous houschold goods are bought, sold, and temporarily stored for reuse and where all storage is contained within an enclosed building or an enclosed compound: - (159) "religious assembly" means a development where worship and related religious, philanthropie, and social activities occur. Accessory developments include rectories, manses, classrooms, and dormitories. Religious assembly includes churches, chapels, mosques, temples, synagogues, parish halls, convents and monasteries; - (160) "renovation" means an addition to, deletion from, or change to any building which does not require a permit other than a plumbing permit or an electrical permit pursuant to the Safely C'odes Act; - (161) "rentable unit" means a separate unit of'a hotel or motel used or intended to be used for the temporary accommodation of one or more persons:   - (162) "rental cabin" mcans a ond-room structure (not including a washroom. bathroom, or toiled) intended for short tom occupancy, often romed for shor period of time to the traveling of vacationing public: - (163) "residential use" includes the occupation and use of land and buildings by and as derellings. whether on a scasonal or yoar-round basis: - (161) "RE Technologo" means technology operating in the clectromagnetic radiating frequency bands: - (165) "road" means a right-of-was on which motorized vehicles are normally allowcd lo operate, ora road as defined in the Act, but does not inchide cither a highway or a lane: - (166) "roof" means the top olany enclosure, above or within the vertical valls ofa burkling: - (167) "row housing" icans a buikling consisting ofat least three dwelling units with cach unit having direct access tothe outside grade. but shall not mean apartment: - (168) "sea can" means a container, including a sea land tail shipping container. which is usco as a storage vaulted sea can shall only be allowed on a lot and use as an accessory building andron use to a main building or use. A sea can shall not be used fora dwelling orany partofa dellings and, norwithstanding any other provision ofthis Bylaw dothe contrary, not attached. in any way: to a main building: - (169) "secondary suite" means a self-contamed duelling unit, clearly secondary in size lo the mam delling unit within a dwetling, which may or may not share access to the outside andor other facilities with the main dwelling unit: - (170) "semi-detached dwelling" means a buiking used or intended to be used for do direlling units, located entirely side by side: - (171) "service station" means a development where gasoline, lubricating oils, and other automotive Muids and accessories for motor rehicles are bought and sold. Service stations may also include facilities for the servicing or repairing of motor vehicles, and a towing service dispatch point, but not including body repair or paint shops, Service stations which do not include any facilities for servicing or repairing ofmotor sehicles are often referred to as gas bars: - (172) "setback" means, depending on the contend of the derm. the minimum horizontal distance between buildings on a lot boundary and buildings: - (173) "shall" is an operative word which means the action is obligatory; - (174) "shed" means a building to be used for storage; - (175) "shop" means a buikling to be uscd for light industrial purposes or the storage of vehicles larger than that allowed in a garage: - (176) "should" is an operative word which means that, in order to achiere local goals and objectives it is strongly advised that the action be taken. Exceptions shall be made only under extenuating circumstances: 5. "show home" means a dwelling unit which is used temporarily for the purpose of illustrating to the public the type and character of dwelling units to be constructed in other parts of the municipality. Show homes may contain offices for the sale of other lots or dwelling units in the municipality and must be located within a direlling which is cither a permitted or a discretionary use in the District in which they are located, - (178) "side line" means the boundary line of a lot lying boreen a front line and a rear line of a lot. In the case of a comer lot, the longer of the two boundary lines adjacent to the highway or road shall be considered a side line; - (179) "side yard" means a yard extending from the front yard of a lot to the rear yard of the lot and lying beteen the side line of the lot and the nearest wall of the main building: 8. "sign" means any visual medium, including its structure and other component parts, used on a permanent or temporary basis to convey information, do advertise, or to attract attention to a product, service, place, activity, person, institution or business. Without limiting the generality of the foregoing, signs shall include banners, placards, and painted messages, but not national flags, interior window displays of merchandise, or signs painted on on attached to a licensed motor vehicle: - (181) "sign area" means the total face area of a sign intended for the letters or graphics of the message. In the case of a double-faced sign, only half of the area of each sign face shall be used in calculating sign area; - (182) referred to as "sandwhich boards" , composed of two hinged or otherwise joined boards which leans on the ground,  - (1X3) "sign, canopy" means a sign which is part of or allached to the outside edge of a canopy bur which does not extend below the bottom edge or surface of the canopy: - (18-t) "sign, fascia" means a sign attached to s placed Hat against an esterior vertical smilace of a building, and projects no more than 0).3 m (12.00") From the surface of the building, and does non project abore the roof or parapet. Fascia signs are also called wall signs: - (185) "sign, freestanding" means a sign supported by one of more uprights. braces or pylons, and stands independently of another structure: - (186) "sign, inflatable" means a sign made of Mexible material or fabric that is made to lake on a threedimensional shape (to blow up like a balloon) when filled with a sufficion volume of air or gas. Commonly usco as a lomporary sign for special events or promotions:   Freestanding Sign  Inflatable Sign  - "sign, off site" means a sign that advertises goods, products, services or facilities not available on the site where the sign is located, and which may also direct persons to another location: Projecting Sign - (188) "sign, projecting" means a sign affixed to a building or part thereof and extending beyond the building by more than 0.3 m (1.0 1i.). This does not include a sign allached to the ground: - (189) "sign, roof" means a sign erected upon, against or directly above the rood of a building or the top of a parapet wall; - (190) "sign, temporary/portable" means a sign on a standard or column lixed to its own self-contained base and capable of being moved manually: - (191) "sign, under-canopy" means a sign which is attached to the bottom surface on edge of'a canopy:  Roof Sign  Temporary/Portable Sign   - (192) "similar use" means a use which, in the opinion ofthe Development Authority: closciy resembles another specifiod use with respect to the type of activity. structure and its compatibility with the surrounding enviromnent: - (193) "site" means an area of land designed to accommodate, and intended to bo rented for. a tent or recreational vehicle or calvin: - (194) "solar arrays means maltiple solar panels used in conjunction to produce clectricity: - (195) "solar panel, free standing" means a device which is used to convert cnergy contained within the sum'srays into clectricity: which is not mounted or attached do any other structure for support. - (196) "solar panels, roof mounted" incans a device which is uscd to convert energy contained within the sun's rays into dectricity, shach is localed. mounted. or allached to the root of a structure. - (197) "stall" means an area ofland upon which a manufactured home is to be located. and ushich is resorve for the enclusive use ofthe residents of'that particular manufactured home. located within a manufactured homo park: - (198) "storey" means the space beteen one Moor ol'a multi-storey building and the next door above it. The upper limit of the top storey shall be the ceiling above the lopmost door. A basement shall not be considered a storey: - (190) "structural alterations" means the addition to, deletion from, on change to any building which requires a permit other than a plumbing permit or an clectrical permit pursuant to the Safely Codes Act: - (200) "Subdivision and Development Appeal Board" mcans a Subdivision and Development Appeal Board appointed pursuant to Village's Subdivision and Development Appeal Board Bylaw and the Act: - (201) "Subdivision Authority" means the Subdivision duthority established pursuant loche Act through the municipality's Subdivision Authority Bylaw: - (202) "substandard lot" means any lot which is smaller. in area or in any dimension. than the minimum area or dimension stipulated in the regulations of the District in whuch the lot is located, - (203) "surveillance suite" means adselling unit used to accommodate a person or persons whose function is to provide sorveillance for the maintenance and security ofthe development: - (204) "temporary development" means a development for which a development permit has been issued and which is to exist for a limited time only; 2. "tie down" means an apparatus which firmly secures a manufactured home to the ground. This apparatus usually consists of steel cables attached to the manufactured home and concrete pylons strategically placed on the accommodating site: 3. "trucking and cartage establishment" means a development where goods shipped by truck are transferred from one truck to another, or where trucks are dispatched to pick up and or deliver goods. Trucking and cartage establishments may include dispatch offices or storage compounds for the temporary storage of goods, and include moving or cartage firms involving vehicles with a gross vehicle weight of more than 3.000.0 kg (6,613.9 1bs.): - (207) "undeveloped lot" means a lot which does not contain a residence, building or struciurc: - (208) "unit", other than when referred to as a dolling unit, means an area of land or a building designated as a unit in a condominium plan: - (209) "use" means the porpose on activity for which a sile, a parcel of land, or a lot and any buildings located on it are designed, arranged, developed, on intended, or for which it is occupied or maintained: - (210) "vehicle repair establishment" means development used for the servicing and mechanical repair of automobiles, motorcycles, snowmobiles, recreational vehicles. and trucks, incluling the sale, installation or servicing of related accessories and parts. This use class includes transmission shops, muffler shops, tire shops. automotive glass shops, upholsterer shops, and body repair and or paint shops; - (211) "veterinary clinic" means a development where domestic pets are cared for and treated, including hospitalization for fewer than four (4) days. Veterinary clinics may also treat livestock, but they will be treated via out-patient care. All animals shall be kopt within an enclosed building: - (212) "warehouse sales establishment" means a development where bulky goods are sold from within an enclosed buikding where the size and nature of the principal goods being sold typically require large Moor areas for direct display to the purchaser or consumer. Warchouse sales establishments include furniture stores, carpet stores, major appliance stores, and building materials stores: - (213) "wind energy conversion system, large" means one or more buildings designed to convert wind energy into mechanical or electrical energy and which has a rated capacity equal to or greater than 300 kW: - (214) "wind energy conversion system, micro" means a small-scale wind turbine. which is small is height and diameter and can be installed on the roof of a building or structure. - (215) "wind energy conversion system, small" refers toa wind energy conversion system (WECS) consisting of'a wind turbine. a toner, and associated control or consersion electronics, which has a rated capacity of not more than 300 KlV, and which is intended to provide dlectrical poser for usc on-sile feither behind the meter or off-grid) and is not intended or uscd to produce pover for resale. - (216) "wind turbine tower" refers to the guyed or freestanding structure that supports a wind turbine goncrator. - 1217) "wind turbine tower height" The height above grade of the fixed portion of the wind turbine lower, excluding the wind turbine and rotor. - (218) "wireless communications facility" means a facility that provides communication service using RE lechnology to transmit and reccive voice. picture. test and data, in cither digital or analogue form. on a system of clevating support structures. These structures include monopoles. lattice loners (selfsupported or goyed another configurations as well as, although not limited to. shelters, transmitters. reccisers, antennas, antenna mounts, transmission lines. Waveguides, transmission line supporting cquipment and material, acronautical obstruction lights antenna deicing equipment. antenna poser dividers and matching cquipment, combiners and utility poorer equipment, conditioners and backup power systems. - (219) "worli camp" means a domporary residencial comples asced to house workers. usually but not necessarily fora contracting firm or project. on a temporary basis el'more than twenty-cight (28) days and loss than one (1) year, A work camp is usually made up ola number of buiklings, clustered in such fashion as to provide sleeping, cating. recreation and other basic living facilities: - (220) "yard" means apart of'a parcet upon orover which no building is to be erceted unless oherwise provided for in this Bylaw: and all other words and expressions have the uncanings respectively assigned to them in the Act or in common law. ## 1.4 Metric & Imperial Measurements Within this Bylaw, both Metric and Imperial measures are normally provided, the Imperial measures within brackets. The Imperial measures are approximations, provided only for information, and are provided in order to provide some comparison for persons who are unfamiliar with Metric measures. ## 2 Establishment of Districts and Regulations ## 2.1 Establishment of Land Ise Districts - (1) For the purposes ofthis Bylaw, the Village of Andrew is divided into the following districts: Large Lin Residential (RI) District Small Lot Residential (R2) District Moderato Density Residential (R3) District Residential Nanulactured Home Subdivision (RN181) District Residential Manufactured Home Park (RN1112) District Dountown Commercial ((*1) District Gencral Commercial ( ('2) District Industrial (N11) Distriet Community (P) District Institutional (1) District Urban Reserve (UR) District - (2) Forthe perposes ofthis Bylaw de RA. R?. R3. RAMI and RNH2 Districts shall be considered to he Residential Districs, and the C and C? Districts shall be considered lo be Commercial Districts - (3) The boundaries ofthe districts listed in this Bylan are as delincaled in the LAND USE DISTRICT MAP. Which is Part 10 of this Bylan. - (4) Where uncertainty exists as to the boundaries ofdistricts as delineated in the LAND USE DISTRICT MAP. de following rules shall apply: 4. Rule 1 Where a boundary is shown as following a street o lane. it shall be deemed to follow the centre line thereot. 5. Rule 2 Where a boundary is shown as approvimalely following a lot line. it shall be deemed to follow the lot lind. 6. Rule 3 lo circumstances not covered by Rules Land 2. the location of the district boundary shall be delermined: 7. (a) where dimensions are set outonthe LAND USE DISTRICT MAP. by the dimensions so set, or - (b) where no dimensions are set out on the LAND USE DISTRICT MAP with respect to such boundary, by measurement of and use of the scale shown on the LAND USE DISTRICT MAP. - (5) Where the application of the above rules does not determine the exact location of the boundary of a district, the Council. either on its motion or upon written application being made to it by any person requesting the determination of the exact location of the boundary, shall fix the portion of' the district boundary in doubt or dispute in a manner consistent with the provisions of this Bylaw and the degree of detail as to the measurements and directions as the circumstances may require. - (6) The Derelopment Authority shall maintain a list of its decisions with respect to boundaries or portions thereof fixed by it. ## 2.2 Establishment of Land Use District Regulations Land Use District regulations shall be as set forth in Sections 8 and 9 of this Bylaw. ## 3 General Administration ## 3.1 Control of Development - (1) No development other than that designated in Scction 3.2 shall be undertaken within the Village unless an application for it bas boon approved and a development permit has been issued. ## 3.2 Development Not Requiring a Permif - 11) The following development shall not require a development permit: 2. the carrying out of'works of maintenance on repair to any buikling. provided that such works do not include structural alterations or major works ofrenovation that would require a buikling permit; 3. (b) the completion ofa building which was lawfully under construction at the date ofthe first publication ortho notice required by the der provided that the building is completed in accordance with the terms of any permit granted in respect of'it and subjeet to the conditions to which such permit was granted, and provided also that the buikding, whether or not a pennil was granted in respect of it, is completed within a period of mcle (12) months from the said date of the fest publication of the notice: 4. (c) the use of any such buikdings as referred to in subsection (2) for the purpose for which construction was commenced: 5. (d) the crection, construction, or maintenance, improvement or alteration of gates, fences or walls or other means of enclosure less than 0.9 m (3.0 10) in height in front yards or inside yards abutting a highway or road, and a less than 1.8 m (6.0 đ.) in rear yards or in other side yards, and the maintenance, improvement and other alterations of any gates, fences orm walls or other means ofenctosure, unless he fencing material is razore wire, An approved development permit shall always be necessary before razor wire is used as a fencing material: 6. (c) a temporary burking of sign, the sole purpose of which is incilental to the crection or alteration of'a building. for which a permit has been issued under this Bylan: - (1) the maintenance and repair of public works, services and milities carricd out by oron behalfol federal, provincial and municipal public authoritics on land which is publicly owned or controlled: 8. (g) extensive agriculture. excepting where the following situations apply: - (i) where the lot is smaller than 32 ha (80 ac.) in size. or - (ii) where the proposed development involves a dwelling or an accessory use or building to a dwelling, or - (iii) where bechives are proposed, or - (iv) where fences for game farming are proposed within 15.2 m (50 П.) ofa property line adjacent to a road or highway, or within 30 m (98.+ l.) of the centreline of a road or highway, or - (V) where other buildings and dugouts are proposed within: - -40 m (131.2 ft.) of a property line ofa grid road, - 50 m (164 l.) of a centreline of a minor two-lane highway, or - 70 m (230 fl.) of'a centreline of'a major two-lane highway or a multi-lane highway; - (h1) escope for bechives described in Section 3.2(1)(g)(iii) above, a building or structure with a Moor area of under 10.0m' (107.6 sq. 11) which is not on a permanent foundation: - (i) the erection of campaign signs for federal, provincial, municipal or school board elections on privately-onned lots for no more than thirty (30) days. or such time as regulated under provincial or federal legislation provided - (i) such signs are removed within seren (7) days after the election - (ii) such signs do nod obstruct or impair vision or traffic, - (iii) such signs are not attached to fences, trees, or utility poles; and - (iv) such signs indicate the name and address of the sponsor and the person responsible for removal; - (j) the placement of one (1) sign on internal sites, or (wo (2) signs on corner sites advertising a residential property for sale or rent displayed on the property to which it (or they) pertain(s) during the time the property is being offered for sale or rent, with removal to be within one (1) month after the sale or rental agreement has been entered into, provided that such signs are a maximum of 0.6 m? (6.5 sq. I.) in area and provided further that such signs are placed or erected no closer than 3.0 m (9.8 (.) to a road right-of-way; - (k) development within a basement which does not change or add to the uses within a delling; - (m1) the removal of top soil except in conjunction with a development for which a development permit has been issued as per the requirements of Section 8.11 of this Bylaıv; - (1) sheds which are accessory to dwellings, which are less than 10.0 m (107.6 sq. lt.) in floor area, and which satisfy all the setback requirements of this Bylaw; - (11) rading and/or landscaping where the proposed grades will not adversel ffect the drainage of the subicet or adjacent lots - (01) the demolition or removal of'any building or structure for which erection a development permit would not be required pursuant to subsections (d) through (k) abore. both inclusive. ## 3.3 Non-Conforming Buildings and Uses - (1) A non-conforming use ofland or a buiking may be continued. but if that usc is discontinued for a period of six (6) consccutive months or more, any future use of the land or building must conform with this Bylaw. - (2) A non-conforming use of part of'a buiking may be extended throughout the building but the building, whether or not it is a non-conforming building. may nor be enlarged or addled to and no structural alterations may be made thereto or therein. - (3) A non-conforming use of part of'alot may nod be escceded or transferred in whole or in part to any other pard ofthe lot and mo additional buildings may be constructed upon the lot while the non conforming use continues 4. (-) A non-conforming buikling may continue to be used bot the building may not ho enlarged, added to, rebuilt or structurally altered except: 5. (a) lo make it a conforning buikling. 6. (b) forthe routine maintenance of the building. if the Development Authority considers it necessary. or 7. (c) i accordance with the posers possessed by the Development Authority pursuant to the Act and Section 43(6) ofthis Bylaw to approve a development permit nobithstanding any non-compliance with the regulations of this Bylan: - (5) ITa non-conforming buikling is damaged or destroyed to the calent of more than 75 percent of the valuc ofthe building above its foundation. the building may not be repaired or rebuilt except in accordance with this Bylaw. - (6) Thouse ofland orthouse ofa building is not affected by a change of on nership. tenancy, or occupancy ofthe land or building ## 3.4 Development Approval Authorities - (1) The Development Authority shall be as indicated in the municipality's Development Authority Bylaw. - (2) The Desclopment Authority Oficer: - (a) shalt consider and decide upon all development permit applications unless the application is referred to the Municipal Planning Commission pursuant lo this Section: - (b) shall refer with his recommendations to the Municipal Planning Commission for its consideration and decision any development permit application for discretionary use: - (c) may consider and decide upon all development permit applications for a permitted use where the development application does not conform with the following regulations of this Bylaw: - (i) heights of fences in Residential Districts: - (d) shall refer with his recommendations to the Municipal Planning Commission for its consideration and decision any development permit application fora permitted use where the development application does not conform with this Bylaw and where either: - the Development Authorily Officer has decided not to make a decision on the application notwithstanding his ability to do so pursuant to Subsection (c) above: - (C) shall refer to the Municipal Planning Commission at his discretion any application which in his opinion should be decided by the Commission: - (g) shall make available for inspection by the public during office hours a register of'all applications for development permits and the decisions made thercon: - (1) shall kcep and maintain for the inspection of the public during office hours a copy ofthis Bylaw and all amendments thereto and ensure that copies of same are available to the public at a reasonable charge; - (h) shall collect fees according to the governing Land Use Bylaw Fee Schedule as amended from time do time by resolution of Council; - (i) shall be deelared to be the designated officer for the purposes of Section 542 of the Act: and - (j) may sign, on behallol the Development Authority, any order, decision. approval, notice or other thing made on given by it. - (6) The Municipal Planning Commission as established by Bylaw shall be authorized to decide upon all development permit applications referred to it by the Development Authority Officer and to issue such orders that it sces fit. ## 4 Development Applications ## 4.1 Application for Development - (1) An application fora desclopment pormit shall be completed and submitted to the Development Authority in writing,in the form required bythe Development Authority, and shall be accompanied by: 2. it site plan showing the legal description; the front, rear. and side yards. it anys any provision for off-street loading and schicle parking: and access and egress points to the site: 3. (b) building dimensions: 4. (c) a statement of the proposed uses: and - (11) a statement ofonership ofthe land and the interest of the applicant therein. - (2) Each application for a development permit shall be accompanied by a nonrefundable application fee as established by Council. - (3) The Derelopment Authority Oficer may also require additional information in order to assess the conformity ol'a proposed development with this Bylaw before consideration ofthe derclopment permit application shall commence. Such information may include: 8. the location ofesisting and proposed namicipal and private storm and sanitary scmage collection and disposal, and water supply and distribution utilities, landscaped areas and buttering and serconing: 9. the height and horizontal dimensions of all existing and proposed buildings: 10. (d) existing and proposed elevations on the site and on adjacent sites, roads and lanes: 11. (c) outlines of roof overhangs on all buildings: - (0) post construction site and buikling elevations: - (1) Hoor plans, clevations and sections of'any proposed buildings, including the lowest Noor elevation in either the basement or on the main Noor in the principal and accessory buiklings: 14. (h) drainage plans: 15. (g) landscaping plans, including the location of'existing and proposed troos. shrubs, grassed areas, fences, serenings, and outdoor furniture on the site and on adjacent boulevards within road rights-of-way: - (i) in a Residential District, the suggested location for a future driveway and garage or carport, if the application itself does not include such buildings as part of the proposal; - (i) future development plans for a sile which is to be partially developed through the applicable development permit; - (k) in the case of a proposed home occupation, information concerning the number of employces, the location of any goods to be kept or stored, and an estimate of the number of client visits to be expected to the site each - (1) in the case of'the placement of an already constructed or partially constructed building on a site. including a manufactured home, information relating to the age and condition of the building and its compatibility with the Distriet in which it is to be located, including photographs of the building: - (111) any other information or tests required by the Development Authority, at their discretion, respecting the sito on adjacent lands, including an environmental screening of the site; and - (11) a statutory declaration indicating that the information supplied is accurate. - (+) In addition to the information requirements indicated abore, cach application for industrial development may be requested, at the discretion of the Development Authority, to be accompanied by the following information: - estimated number of employces, - type of industry: - estimated water demand and anticipated source, - (d) estimated gas demand and anticipated source, - (0) type of effluent and method of treatment, - (1) type of air emissions and method of abatement, - (g) estimated noise generated by the derclopment and method of abatement; - (h) estimated light generated by the development and (if necessary) method ol abatement, - (i) transportation routes to be used and estimated trafic impact, - (k) means of solid waste disposal, - (j) reason for specific location, - (1) any accessory works required (pipeline, railway spurs, power lines, etc.). - (11) municipal servicing costs associated with the development, - (111) anticipated residence location of employees, - (0) physical suitability of site with respect lo soils, slopes and drainage, - (4) servicing requirements and provisions for meeting them, and - (p) if a subdivision is involved, the size and number of parcels and proposed phasing (if any), - (1) costs associated with providing new or upgraded municipal services associated with the development. andor any other information as may be reasonably required by the Derelopment Authority - (5) In addition tothe information requirements indicated abore, the Devclopment Authority may require for a proposed industrial use the provision of environmental assessment information and a risk assessment to assist the Development Authority in assessing the elect of the proposed derelopment in relation tothe naturaland human environments, and indicate both if and how any negative matters can bo mitigated. - (6) In addition to any orall ofthe information requirements indicated above. cach application fora commercial desclopment may bo required, at the discretion of the Developmen Authority, to be accompanied by the following information: 3. the size and number of parcels and proposed phasing (if any). 4. physical suitability of sile with respect to soils, slopes and drainage. 5. servicing requirements and provisions for mecting them. 6. estimated water demand and anticipated source. 7. (c) estimated gas demand and anticipated source. - (1) type ol'elluent and method of treatment. 9. (g) type of air emissions and method of abatement. 10. (h1) estimated noise generated bythe denelopment and mothod of abatement. 11. (i) estimated light generated by the development and (if necessary) method of abatement. - (1) costs associated with providing new or upgraded municipal services associated with the development. 13. (k) the requirements and prosisions for employee and customer parking and for site access. - (1) a landscaping plan. - (111) cross-scctions and elevations for cach building. - (11) a list of proposed uses. and - (0) transportation roules and estimated traffic impact. - (7) In adelicion to the information requirements indicated abore, an application for a development permit for the excavation, stripping or grading of land that is proposed without any other development on the samo land, may include with the application. the following information: 19. location and area of the site where the escavation is to take place. 20. existing land use and vegetation, 21. thetype and dimensions including average depth of the excavation to be done, and the polential, il'any, to affect eristing drainage patterns on and off the sile. - (11) the depth and variation in depth of groundwater encountered in lost holes. il required at the discretion ofthe Development Authority. - (e) identification of potential for outdoor noise and the discharge of substances into the air, - (1) the condition in which the site is to be left when the operation is complete. including the action which is to be taken for restoring the condition of the surface of the land to be affected, and for preventing, controlling or lessening erosion or dust from the site. - (g) an indication of'all municipal servicing costs associated with the development, and - (h) the proposed haul route, dust control plan and expected hours of operation. - (8) In addition to the information requirements indicated above, each application for a sign may be accompanied by additional information at the discretion of the Development Authority. - (9) In addition to the information requirements indicated abore, the Development Authority may also require any phase of an environmental assessment to determine the possible contamination ofthe subject site and the mitigating measures necessary to eliminate such contamination. Alternative to or in addition to the foregoing. the Development Authority may require a biophysical assessment to determine the potential eftects of a proposed development on the natural environment, and the measures necessary to mitigate such effects. - (10) Althe sole discretion ofthe Dorclopment Authority Officer, any new development within an existing subdivision may be required to provide to the Development Authority, for approval, an elevation plan of the subject site which indicates where the storm water is to be directed. Storm water from the subject sile is notto be directed onto adjoining properties unless appropriate drainage casements or rights-of-way are in place. lthe applicant for a development permit indicates that the mumicipality is to verily compliance with the clevation and or storm water management plan, the cost to verify that the lot grades have been completed according to the plan shall be included in the cost of the development - (11) The Development Authority may refer any application for a development permit to any person or agency for comments in writing. - When, in the opinion ofthe Development Authority, sufficient details of the proposed development have not been included with the application for a development permit, the Development Authority may, at its sole discretion, either return the application to the applicant for further details or make a decision on the application with the information it has available. A returned application shall be deemed to not have been submitted until all required delails have been provided 1o the satisfaction of the Development Authority. - (13) The Desclopment Authority may reluse to accept an application for a development permit itthe application is fora similar development on the same property as a development permit which has been applied for and refuscd by the Development Authority or the Subdivision and Development Appeal Board within the last sin (6) months. ## 4.2 Referral of Applications - (1) Development in prosimity to a Highway: Applications for derelopment located within 0.8 km (0.5 mi.) of the rightbEway ofa highway, where the proposed derelopment woukl have direct access from the highway, shall be referred to Alberta Transportation for comment prior to any decision by the Derclopment Authority: ## 4.3 Decision - (1) Inmaking a decision the Development Authority may approse the application unconditionally, approve the application subject do those conditions considered appropriate, approve the application permanendy or for a limited period of time. or refuse the application. - (2) In making a decision. the Desclopment Authority may also impose such conditions as are required to ensure compliance with this Bylaw including both the verification by dither an official appointed by the municipality or by certification bycitheran engincer, an archileet, or an Alberta Land Surveyor that the measures indicated within the various clements of information provided with the application, including any mitigative or climination measures, as described through the information provided pursuant to Section 4.1 abore. have been completed orwill be underlaken, as appropriate, in accordance with the Development Authority's approval. - (3) The Development Authority may require that as a condition of issuing a derelopment permit the applicant enter into an agreement to construct or pay for the construction ofroads, pedestrian walksays or parking arcas which serve the development orwhich 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, andor to give sccurity do ensure that the forms of the agreement noted herein are caried out. - (4) The Development Amhority may also require that as a condition of issuing a derelopment permit all requirements ofthis Bylaw and of Provincial regulations - bemel, and that any further development on the subject site require a development permit. - (5) In the case where a proposed specific use of land on a building is not provided for in any District in the Bylaw, 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. - (6) The Development Authority may approve an application for a development permit even though the proposed development does not comply with the regulations ofthis Bylaw, or it'the derclopment 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: - the proposed development woukd not: - materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land, and - unduly interfere with the amenities of the neighbourhood, or - the proposed development conforms with the use prescribed for that land or building in this Bylaw. - (7) An application for a development permit shall, at the option of the applicant, be deemed to be refused when a decision thercon 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 forin Part Softhis Bylaw as though he has received a refusal at the end of the forty (40) day period specified in this subsection. - (8) A Development Authority may suspend or revoke a development permit at any lime: - (a) where the permit was issued on the basis of incorrect information, fraud. non-disclosure, or misrepresentation on the part of the applicant: or - (b) where the permit was issucd in error. - (9) Temporary Developments Where a derelopment permit application in a land use district is for a temporary development, the Development Authority - shall impose a condition on such a permit that the municipality is not liable for any costs involved in the cessation or removal of the development at the expiration of the time period stated in the permit; and - may consider and decide upon a development for a specific period of time, nol exceeding one year; - (C) may require the applicant to post acceptable sccurity guarantecing the cossation orremoval ofthe development to the greater of 25% of the value of the structure or $1.000. ## 44 Development Permits and Notices - (1) Ercept for those permits described in Scction 41(3) hereof a port granted pursuant tothis Part does not come into cffect until filicen (15) days aller the date that notice offan order, decision, orderelopment permit is reccived as described in subsection (4). Forthe purposes this Bylaw, notice is deemed to be received on the fifth day after the date of the issuance ofthe order, decision, or permit. Any development proccoded with by the applican prior to the expiry of this period is done solely at the risk of the applicant. - (2) Where an appeal is made pursuant to Part Softhis Bylaw, a development permit alich bas been granted shall not come into effect until the appeal has been determined and the permit has boon confirmed, modified or nullified therchy. - (3) When a permit has boon issucd forthe development of a pennided use, and no provisions ofthis Bylaw have been relaxed or daried. no notification shall be given ofthe decision except to the applicant. - (4) When a permit other than a permit described in Section 4.4(3) hereof has been issued, the Desclopment Authority shall immediately: 5. (a) post a notice ofthe decision conspicuously on the property for which the application has been made: and'or 6. (b) maila notice in ariting to all adjacent land osners who, in the sole opinion ofthe Development Authority, may be affected: and or 7. (c) publist a notice oftho decision in a newspaper circulating in the Village. stating the location ofthe property for which the application has been made and the use approved - (5) It the derelopment authorized by a permit is not commenced within twelve (12) months from the date ofthe issud of the derelopment permit, and completed within threc (3) years ofthe date of issac, the permit is deemed to be void, unless an extension to this period is granted by the Derelopment Authorty. - 161) A decision ofthe Development Authority on an application for a development permit shall be given in writing and a copy of it sent to the applicant. - (7) When the Derelopmen Auhority refuses an application for a desclopment permit. the decision shall contain reasons for the refusal. ## 5 Development Appeals ## 5.1 Appeal Procedure - (1) The Subdivision and Development Appeal Board, as established by Village Bylaw, shall hear and make a decision on an appeal where a Development Authorily: 2. (a) refuses or fails do issue a development permit to a person within forly (40) day's of receipt of the application, or 3. (b) issues a development permit subject to conditions. or 4. (C) issues an order under Part 7 of this Bylaw, and the person applying for the permit or affecled by the order, on any other person affected by an order, decision or development permit of'a Development Authority appeals to the Subdivision and Development Appeal Board. - (2) Notwithstanding subscction (1) above, no appeal lies in respect of the issuance of a development permit for a permitted usc unless the provisions of this Bylaw were relaxed, varied or misinterpreted. - (3) An appeal shall be made by serving a written notice of appeal and submitting the applicable fee to the Secretary of the Subdivision and Developmen Appeal Board within fourteen (14) days affer: 7. (a) the date the order, decision or permit issued by the Development Authority was publicized in accordance with this Bylaw; or 8. (b) the forly (40) day period referred to in Section 4.307) of this Bylaw has expirca ## 5.2 Appeal Hearing - (1) Within thirty (30) days of receipt ol'a notice of appeal, the Subdivision and Development Appeal Board shall hold an appeal hearing respecting the appeal. - (2) The Subdivision and Development Appeal Board shall give at least five (5) days notice in writing of the appeal hearing to: 3. (a) the appellant; 4. (b) the Development Authority from whose order, decision or development permit the appeal is made: - (0) those adjacent land owners who were notified under this Bylaw and any other person who. in the opinion of the Subdivision and Development Appeal Board, are affected by the order, decision or permit: and 2. (c) such other persons as the Subdivision and Development Appeal Board specifics. - (3) The Subdivision and Development Appeal Board shall make available for public inspection before the commencement ofthe appeal hearing all relevant documents and materals respocting the appeal including: 4. the application for the development permit. its refusal and the appeal therefrom: or 5. (b) the order of the Der elopment Authority. 6. as the case may be. - (4) Althe appeal bearing referred to in subscetion (1). the Subdivision and Dorclopment Appeal Board shall hear: 8. the appellant or any other person acting on his behalf: 9. the Denelopment Authority from whose order, decision or development permat the appeal is made, orida person is designated to act on behalfof the Development Authority. that person: 10. 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 11. any other person who claims to be affected by the order, decision or permit and that the Subdisision and Developmond Appcal Board agrees to hear or a person acting on his bchalf. ## 5.3 Appeal Decision - (1) The Subdivision and Derelopment Appcal Board shall give its decision in writing together with reasons for the decision within fiftcon (15) days of the conclusion of the appeal hearing - (2) Ifthe decision ofthe Development Authority to approse a derelopment permit application is reversed by the Subdivision and Development Appeal Board, the derelopment permit shall be null and void. - (3) Ithe decision ofthe Development Authority to refuse a derelopment permit application is reversed bythe Subdivision and Development Appeal Board, the Derelopment Authority shall forthwith approse the derelopment permit application in accordance with the decision of the Subdivision and Development Appeal Board. 4. (+) irthe decision ofthe Development Authority to approvo a development permit is varied bytho Development Appeal Board, the Development Authority shall forthwith approve the deselopment permit application in accordance with the decision of the Subdivision and Development Appeal Board. - (5) A decision made under this part of the Bylaw is final and binding on all parties and all persons subject only to an appeal upon a question of jurisdiction or law pursuant to the Act. An application for leave to the Court of Appeal shall be made: 2. (a) lo a judge ofthe Court of Appeal; and 3. (b) within thirty (30) days after the issuance of the order, decision, permit or approval soughtto be appealed. ## 6 Bylaw Amendments ## 6.1 Application for Amendment - (1) A person may applyto have this Bylaw amended by applying in writing. farnishing reasons in support ofthe application and paying the fee therefore required. - (2) C'ouncil may at any time initiate an amendmen to this Bylaw by crecting the Development Authority to initiate an amendment therefore: - (3) All applications for amendment to the dand Uso Bylaw shall be made to the Council and shall be accompanied by the follow ing. namely: 4. (b) a title search forthe land affected or other documents satistactory to the Derelopment Authority indicating the applicand's interest in the said land: 5. (a) an application fec according to the governing Land Use Bylaw fee schedule as amended from time to time by resolution of Village Council shall be submided for cach application, but if the proposed amendment is adopted by Council. Council may determine that the whole or part of the application fee may be returned to the applicant: 6. (c) drawings drawn on standard drafting material to the satisfaction of the Developmen Authority, which shall be fully dimensioned. accurately figured, explicit and complete: and 7. (‹1) any other information deemed necessary by the Derelopment Authority. - (7) During deliberation on the Bylan amendment application. Council may refer the application to such agencies as it considers necessary for comment. - (5) Council may request such information as it deems necessary to reach a decision on the proposed amendment. ## 6.2 Public Hearing Process - (1) Altho discretion of Council, first reading of'a proposed amendment may be given before the Publie Hearing process, and Council may require that the applicant pay a fce for advertising according to the governing Land Use Bylaw advertising fee schedule as amended fiom time to time by resolution of Village Council. - (2) All amendments to this Bylaw shall be made by Council, by Bylaw, and in conformity with the requirements of the Act with regard to the holding of a Public Hearing ## 7 Enforcement ## 7.1 Contraventions and Penalties - (1) Where a Derelopment Authority tds that a development or use of land or buildings is not in accordance with 2. the Act of the regulations made thereunder. or 3. (b) a derelopment permit or subdivision approval. or 4. this Bylaw. the Development Authority may, by notice in writing, order the owner, the person in possession of the land of buiklings, of the person responsible for the contrarention, or all or any of them lo - stopthe derelopment onuse ofthe land or buildings in whole or in part as directed by the notice. and or - demolish, remore or replace the development, and or - take such other measures as are specified in the notice so that the developmend onuse ofthe land or buiklings is in accordance with the deto the regulations made thercunder, a development permit, subdivision approval or this Bylaw: as the case may be. - (2) Where a person fails orrefuses do comply with an order directed to him under subsection (1) or an order ofthe Subdivision and Derelopment Appcal Board within the time specified. the Developmen Authority may, in accordance with Section 542 ofthe Act, enterupon the land or burkling and take such action as is necessary to carry out the order. - (3) Where the Development Authority carries out an order, the C'ouncil shall cause the costs and expenses incurred in carrying out the order to be placed on the tax roll as an adlitional tax against the property concerned, and that amount shall be collected in the same manner as taves on land - (1) A person who contravenes or fails to comply with any provision of this Bylaw is guilty ofan offence and is liable upon summary conviction to a find not excecding $11.000.00 or to imprisonment for not more than one year, or to both fine and imprisonment. pursuant to Section 566 of the Act. - (5) A Derelopment Authority may suspend orreroke a development permit which has not been complied with, following notification, stating the reasons for such - (6) 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 the purposes of this Section, shall be authorized to issue violation tickets in respect to any contravention of this Bylaw. - (7) Violation Tickets 3. (a) 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 Bylaw: 4. (b) The violation ticker shall specify the alleged offence commitled by the person to whom the violation ticket is issued and require payment, within 21 days from the date of issue of the violation ticket, of a fine to the Village. 5. (c) Persons contravening any provision of this Bylaw 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 Bylaw has occurred may be considered to be a separate offence. - (1) The violation ticket shall be served upon the alleged oflender personally or by single registered mail. I payment is made within the time limit. then such paymen shall be accepted in lien of prosccution for the offence. - (0) I'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 olence without a court appearance shall no longer apply and prosecution for the alleged offence shall proceed. - (1) If the person who was served with the violation ticket is thercafter prosccuted and convicted of the offence specified in the violation ticker, the fine imposed shall not be less than $125.00, plus court costs, for each offence. 9. (g) Ila violation ticker has been issued with respect to a development which has occurred without an approved development permit, all fines indicated abore shall be doubled. ## 8 General Regulations ## 8.1 Accessory Buildings in Residential Districts - Where a building is attached to the main buikding on a site by its root, an open or enclosed structure, a Moor or a foundation. it is considered to be a part of the main building. - (2) Except as otherwise indicated in this Bylaw this Section applies within all Residential District, - (3) No deessory buikting oruse. otherthan a parking space ora fence, shall be erected or placed within a minimum required front yard. - (4) Norwithstanding Subscetion (3) abore, the Desclopment Authority may approve the crection ofan accessory buikling onuse within the minimum front yard requirement provided that no building is located within 15 m (50 d.) From the right-of-way of a highway or road. - (5) With the exception ofa rear-entranco garage, an accossory building shall be situated onan interior lot so that the calerior mall is ad least 0.9 m (3 M.) from the side and rear lines of the lor. - (6) Clarages shall be located so that vehicle entrance doors shall not be closer than 5.5 m (18 fi.) from the boundary line towards which they face or open. - (7) On corner lots accessory buildings shall bo situated so that the side yard which abuts the road is notless than the minimum side yard requirement for the main building or 1SC. - (8) An accessory buikling shall be not more than 4.6 m (15 l.) in height. - (9) Except at the discretion ofthe Derelopment Authority, no accessory building may have a Door arca greater than the floor arca of the dwelling on the same lor. - (10) An accessory storage buikding for the purposes ofheavy truck and equipment storage. where allowed in addition to a vehicle garage and other accessory buildings not related to heavy truck and equipment storage usc, shall be no larger than 300 m' - (3,229 (l. 2) and be designed to match or complement the single family dwelling or manufactured home to the satisfaction of the Development Authority. - (11) An accessory building shall not he used as a dwelling - (12) All accessory buildings shall be constructed of materials that blend harmoniously with the main building on the lot. - (13) No accessory building may be built on a lot before a main building or a main use is developed on the lot. - (14) Sea cans must be well-maintained and in good condition, or alleratively, must ho adequately buffered to the satisfaction of the Development Authority. The Development Authority may require that a sea can be given a fresh coat of paint as a condition ofthe issuance of a development permit. ## 8.2 Accessory Buildings in Other Districts - (1) Anaccessory building or use is subject to the requirements for main buildings and uses within that District. - (2) An accessory storage buikling for the purposes of heavy truck and equipmen storage, which may be allowed in addition to a vehicle garage and other accessory buildings not related to heavy truck and aquipment storage use, shall be no larger than 300m (3,229 11. 2) and be designed to match or complement the principal building to the satisfaction ofthe Development Authority. - (3) Sea cans must be well-maintaincd and in good condition, or alternatively, must bo adequately buffered to the satisfaction of the Development Authority. The Development Authority may require that a sea can be given a fresh coat of paint as a condition of the issuance ofa development permit. ## 8.3 Amateur Radio Antennas - (1) Amatcur radio antennas shall only be allowed as accessory desclopments. - (2) An amateur radio antenna shall conform to the following provisions: 3. (b) it shall be located in the rear yard; 4. (a) it shall be installed according to the manufacturer's specifications; 5. (c) it shall conform to the height regulations in the district in which the antenna is located; 6. (e) at the discretion of the development authority, it shall be adequately buffered from adjacent land uses. 7. (d) it shall not be illuminaled or have any signs aflixed therero; and  ## 8.4 Bed & Breakfast Establishments A bed and breaklast establishment shall comply with the following regulations: - A bed and breakfast establishment shall not change the principal character or external appearance of the dwelling insolved. - (2) Cooking facilities shall not be located within the steoping units. - (3) A bed and breaklast establishment shall comply with all of the requirements lor a home occupation described in Section 8.12 of this Bylan. ## 8.5 Car Washes - (1) The minimum lot area shall be 557.4m (6000 so. li.). In the casc of service stations or gas bars including car bashes, minimum lot area shall be 1114.8m* (12,000 sq. ft.). - (2) All lot and buikding roguirements pertaining to drive-in businesses (Soction S.9) shall also apply do car washes. ## 8.6 Churches & Other Places of Religious Assembly - The lot on which a place of rcligious assombly is situated shall have a fromage of not less than 30.48 m (100 A.) and an area of not less than 920 m2 (10,000 sq. l.). exceptin the case where a buikling for a clergyman's residence is to be erected on the same lot. The area of the lot in this case shall not ho loss than 1393.5 m2 (15.000 so. l.). - (2) Minimum front, side and rcar yards shall be those required within the District in which the place of religious assembly is located. ## 8.7 Confined Feeding Operations 8: Manure Storage Facilities Confined feeding operations and manure storage facilities for which an approval. a registration, oran authorization is required pursuand to the Agricultural Operation Practices Act are not regulated by this Bylaw but by that Act. ## 8.8 Development on Corner Lots On corner lots in any district. no fence, wall, tree, bush structure or thing more than 0.9 ml (3 ft.) in height shall be crected, placed or maintained within the triangular area formed by the intersecting boundary lines of the lot adjacent to the highway or road and a straight line joining points on those boundary lines 6 m (20 f.) from their intersection. ## 8.9 Drive-In Businesses - (1) Points faccess and egress shall be located to the satisfaction of the Development Authority: - (2) The minimum lot area shall be 557.+ mr (6000 sq. li.). - (3) All parts ofthe lot to which vehicles may have access shall be hardsurfaced and drained to the satisfaction of the Development Authority. - (4) The lot and all improvements thercon shall be maintained in clean and tidy condition. frce from rubbish and debris. - (5) Receptacles for the purpose ofdisposing of rubbish and debris shall be provided as required by the Derelopment Authorily. - (6) The coner/operator of'a drive-in shall be responsible for the safe and orderly operation of motor vehicles using the lot. ## 8.10 Existing Substandard lots Development on existing substandard lots may bo allowed by the Developmen Authority. Compliance with the Alberta Salery Codes Act and any applicable Provincial Board of Health Regulations shall be required. ## 8.11 Fences, Walls & Hedges - (1) Notwithstanding any regulation respecting required yards to the contrary in this Bylaw,a fence or hedge may be constructed along a boundary line of a lot - (2) No fence, wall or hodge in any Residential District shall be: 3. (a) Higher Than 1.80 m (6.0 fl.) in side yards and rear yards, such height to be measured as the average elevation from the ground at the lence or wall unless othenvise provided in this Bylaw: or - (b) Higher than 0.90 m (3.0 f.) in front yards, except in the case ol'a comer lot, the side yard adjacent to the road shall be deemed to be a front yard for the purpose of this subsection: or - (c) Higher than 0.91 m (3.0 fl.) within 6.10 m (20.0 A.) ofthe intersection of lanes, roads, cany combination of them. - (3) All apartment or row housing des elopments shall proside to the satistaction of the Development Authority, a wall, hedge or wooden fence of not less than 1.22 m (4.(1 (L.) nor more than 1.80 m (6.0 l.) in height. along any side or rear lines adjacent to any residential usc. - (+) All drive-in businesses, car washing establishments, service stations and gas bars shall provide to the satisfaction ofthe Developmen Authority, solid fences of nol less than 1.22 m (4.0 fl.) in height nos more than 1.80 m (6.0 0) in height. along any side or rear property lines adjacent to any residential district. - (5) All other commercial deselopments shall provide, to the satisfaction of the Development Authority, a wooden fence of not more than LS0 m (6.0 (t.) in height along any side or rear lines adjacent to any residential distric - (6) Neither razor wire nor barbed wire shall be allowed within Residential Districts. - (7) Razorwire shall not be used in the municipality withou a development permit having been issued to allow its use. - (S) Barbed wire shall be used as a fencing material only ita derelopment permit has been issued to allow its usc. ## 8.12 Home Occupations - (1) AIl development permits issued for bome occupations shall be revocable al any time by the development authority, it. in its opinion. the use is or has become detrimental to the amenities of the neighbourhood in which it is localed - (2) A minor home occupation shall comply with the following regulations: 3. (a) A minor homo occupation shall not employ any person on-sile other than a resident of the direlling. - (1) No offensive noise, vibration, smoke, dust. odoor hear, glare clectrical or radio disturbance detcetable beyond the boundary of the lot on which the minor home occupation is located shall be produced by the home occupation. - (c) There shall be no outdoor business activity, or outdoor storage of material or equipment associated with the minor home occupation allowed on the sile. Storage related to the minor home occupation shall be allorred only in either the dwelling or accessory buildings. - (ci) Up to five (5) business visits per week are allow ed. - (c) Exterior alterations or additions to accommodate a minor home occupation shall not be allowed. - (1) No more than one (1) commercial vehicle used in or for the home based business shall be parked or maintained on the subject site. The parking space for the commercial vehicle shall be within a garage, adequately screened and sited behind the main building, or located to the satisfaction ofthe Development Authority. - (g) No exterior signage shall be allowed. - (3) A major home occupation shall comply with the following regulations: - (a) The number of non-resident employees working on-site shall not excced 110(2) on-site. non-occupant employces. - (b) Up lo cight (8) business visits per day are allowed. - (c) No more than one (1) commercial vehicle up to a size of a tandem truck, 1o be used in conjunction with the major home occupation, shall be parked or maintained on tho site in a Residential District. The parking space for the commercial vehicle shall be adequately screened and sited behind the principal building to the satisfaction of the Development Authority. - (d) Any interior on exterior alterations or additions to accommodate a major home occupation may be allowed at the discretion of the Development Authority, as along as such alterations comply with this Bylaw and the Alberta Safety Codes Aet and the regulations made thercunder. - (0) There shall be no exterior signage, display or advertisement other than a business identification sign, the size of which shall be entirely at the discretion of the Development Authority, and related to the location of the sign on the lot. - (4) All home occupations shall comply with the following requirements: - In addition to a development permit application, each application for a minor home occupation or a major home occupation shall be accompanied by a description of the business to be undertaken in the dwelling, an indication ofthe anticipated number of business visits per weck, and details for the provision of parking along with other pertinent details of the business operation. - (b) When a deselopment permit is issued for a bome occupation, such permit shall be terminated should the applicant vacate the property for which the permit has been issucd - (c) A minor or major home nccupation shall not occupy more than 20"ø of the Moor area of the main delling or 35 m 8375 sq. A.), whichever is the lesser. - Home occupations shalt not involve: - activities that use on store hazardous material in quantitics exceeding those found in a normal houschold; or - anyuse that woukd, in the opinion ofthe development authority. materially interfère with or affect the use. enjoyment. or value of neighbouring properties - (5) A permit issued Tona home occupation is salid for one (1) year or longer as determined bythe Developmen Authority. It is the obligation of the descloper to seck renewal ofa deselopmen pormit prior to the expiry of the time period for which the initial permit was issucd. The Development Authority shall consider the renewal on its merits. - (6) A stop order may be issued at any timeit, in the opinion of the Development Authority, the operator of the home occupation has violated any provisions of this Bylaw or conditions ofthe approval ofthe desclopment permit and complaints based on the operation of the home occupation have been received. ## 8.13 Intensive Agriculture All development proposals for intensive agriculture shall be considered and decided upon bythe Derelopment Authority indis idually based upon their individual mont and consideration should be given to such items as site sclection, paste disposal, first ooner priority, and the distanco from watercourses and waterbodies, and from roads and highways. ## 8.14 Keeping of Domestic Pets & Livestock The keeping of domestic pets and animals in the Residential Districts shall be in accordance with the following, without the need to obtain a development permit: - (1) No animals other than domestic pets shall be allowed in Residential Districts. - (2) The lotal number of domestic pets per lot shall not exceed four (4) of which not more than 1w0 (2) shall be dogs. - (3) The keeping of domestic pets not in accordance with this Section 8.14 shall require a development permit. ## 8.15 Landscaping - (1) The Development Authority may require, as a condition of the approval of a development permit, the preparation and implementation of a landscaping plan. - (2) A landscaping plan shall contain the following information for the site and adjacen boulevards: 3. (b) all shrubs and trees, whether existing or proposed labeled by their common name and size. 4. (a) all physical features, existing or proposed. including shrubs, trees, Mower beds. berm contours, walls, fences, oudoor furniture, surface utilities, and decorative paving: with - (3) The Development Authority may impose conditions requiring the retention on removal offrees, as well as additional trec planting - (1) In addition to other provisions in this Bylan, all permitled forns of non-farming related (residential, industrial, recreational) developments shall mainlain a buffer as may be required by the Development Authority. - (5) Buffers may include vegetation screens, distance separation, or a combination of these orany such suitable interposing features as the Development Authority may require. - (6) AlI development in proximity to higlmays shall be screened, landscaped and buffered to the satisfaction of the Development Authority. - (7) A garbage collection area, an open storage area, on an outdoor service area which is visible from an abutting sile in a residential district, or from a public roadway other than a lane, shall be fenced or have a screen planting. The location, length, thickness and height of such fence or sereen planting shall be in accordance with the landscaping plan as approved by the Development Authority. Such fence or screen planting shall be maintained to provide effective screening from the ground to a height of 1.8 m (6 ll.). ## 8.16 Manufactured & Mobile Homes - (1) Before a development permit application is approved for a manufactured or mobile home, the development authority shall ask the applicant for verification that the home complies with both the C'SA 7240 NO National Mobile Home Standared and the Alberta Buikding Code (ABO) by virue of the evistence of appropriate labels. Meither the OSA 7240 or the Alberta Municipal Allairs label is missing, the development authority will require an inspection prior to approving an application for a development permit for the location of the manufactured home or mobile home on a lot. That inspection is to be done by an Alberta Safely Codes Officer and is to indicate whether, and under what circumstances, the manufactered or mobile home can regain a C'SA 7240 label, and can bo modilied do comply with the regulations made pursuant to the Albera Safely Coxes All. - (2) Should one or both labels not be attached, and therefore shook an inspection by an Alberta Safety Codes (ficer bo required, a copy ofthe inspection report shall upgrades to the manufactured or mobile home are necessary to bring the home into compliance with the C'SA 7.240 standard or regulations made pursuant to the Alberta Safely Codes Act the Developmen Authority will assess the nature of the required upgrades and in consultation with the applicant, determine if the applicant is willing to undertake the upgrades necessary, in terms of both cost and lime. If the applicant indicates, in writing, that he is willing to undertake the upgrades, the Derelopment Authority may approve the development permit application, but only on condition that all required upgrades are made and that the Development Authority receive verification from an Alberta Safery Codes Officer that such upgrades have been satisfactorily completed prior to occupancy of the manufactured or mobile home as a dwelling - (3) Should both labels he attached to the manufactured or mobile home, de development authority will still require, as a condition ofthe approval ofa development permit, that an inspection by an Alberta Safety Codes Olicer be undertaken, that the inspection report be provided to the Development Authority, and shouked the inspection indicate that upgrades to the manufactured or mobile home are necessary to bring the home into compliance with the requirements of the regulations made pursuant to the Safery Codes Act, all required upgrades shal! be made, and further require that all ofthese steps be undertaken prior to the occupancy ofthe manulactured or mobile home as a dwelling. - (4) In addition to the requirements of 8.3(1) and 8.33(2) above, a manufactured or mobile homo mustineer the following aesthetic regulations: 5. The height of the main door above grade shall be consistent with the height ofthe main Noor ofcellings in the immediate and goneral area: - (b) The roof pitch shall be consistent with the roof pitch of dwellings in the immediate and general area: - (c) Exterior finishing materials used on the roof and exterior walls shall be consistent with the materials used on dwellings in the immediate and general area; - (e) The design of each manufactured or mobile home shall ensure the side or end facing the street on which the home fronts contains a prominently placed front door, and windows in quantity and size that are consistent with dwelling units in the immediate arca: - (d) Minimum roofoverhang or caves should be consistent with the overhang or eaves of dwellings in the immediate and general area; - (1) Every manufactured or mobile home shall be placed on a full perimeter foundation that complies with the Alberta Safely Codes Act unless the manufactured or mobile home is designed to be supported on longitudinal floor beams, in which case an alternate skirted foundation systen as described in C'SA Z240.10.1 may be employed; - (g) The full perimeter foundation of the skirting material utilized on an altemative skirting foundation should bo parged in order to create the same finished appcaranco customarily found on concrete basements of single detached dwellings in the immediate and general area. Any required aesthetic upgrades to the manufactured or mobile home must be completed before the issuance of the desclopment permit. ## 8.17 Motels - (1) Minimum Lot Area per Rentable Unil: 2. (a) (b) One Story 1329m (1500 kg. n.) - (2) Minimum Floor Area per Rentable Unit 26.5 m2 (285 sc. M.) - (3) Minimum Yards: 5. (a) Front - 7.62 m (25.0 fl.) 6. (b) Side - 3.05 m (10.0 f.) 7. (c) 3.05 m (10.0 (.) - (4) Space Between Buildings Except in the case of remtable units and any other buildings where connected by a continuous roofto form a shelter for motor vehicles, not less than 3.66 m (12.0 ft.) of'clear and unoccupied space shall be provided between each rentable unit and any other building on the lot. - (5) Entrances and Exits Not more than two accesses for vehicles toa road. cach ofa minimum widd of 7.62 m (25.0 I.), shall be permitted. provided homever, that one (1) combined motor vehicle entrance and exit may be permided, not less than 9. m (30.0 M.) in width. - (1)) The disner, Tenant, operator or person in charge ofa moted shall at all times: - (al) maintain the lot and the buiklings, structures and improsements thercon in aclean, neat, tidy and attractise condition and free from all rubbish and debris: - (b) maintain garbage facilities to the satistaction of the Derelopment Authority: - (C) maintain an appropriate fence, where required by the Derelopmen Authority, not less than 5.0 d. in height. around the boundaries of the lot: ankl - (el) landscape and kcep the lot landscaped to the satistaction of the Development Authority. ## 8.18 Moved-In Buildings - (1) The morement of'any building onto a lot, whether permanendly or for a specific period of time, and whether or not the buikdding is portable or can casily be removed from the lot. shall require an approved development permit. - (2) The Derelopmen Authority may require the applican to provide an accoptable security equal to the estimated amount ofrepairs. do ensure completion of'any renorations set out as a condition of'approval of a permit. ## 8.19 Multiple Dwelling Developments - (1) Beforeany application for development of'row housing or an apartment can be considered, the applicant must submitto the Development Authority, in addition to those requirements of Section 41(3) of this Bylaw: 2. (b) Site plans showing the proposed 3. (a) Design plans and working drawings. including clevations: and - (1) Location and position of structures on the lot, including any signs: 5. (ii) Location and number of parking spaces, exits, entrios, and drives: 6. (iii) Location of'an access to garbage storage areas: and 7. (iv) Landscape plan ofthe entire site which shall also show intended fencing and surfacing for drives and parking areas. - (2) The aforementioned plans will append the application. If the des elopment permit is approved, the plans shall be deemed conditions of approval. - (3) The relationship of buikdings to each other and to the landscapc, in particular such matters as architectural appearance, the provision of light, air, privacy, and landscaping, shall be shown upon the sile plans, and said relationships shall be 10 the satisfaction of the Derelopment Auhorily. ## 8.20 Municipal Services, Sanitary Facilities & Road Availability - (1) A development permit shall not be valid for a proposed use without the necessary approvals respecting the proposed typo of sanitary facilities required by Provincial regulation. - (2) A development permit shall not be issucd for residential, recreational, commercial or industrial uses unless the Development Authority is satisfied that water supplies of sufficient quality and quantity are available to support existing and proposed deselopment. - (3) No development shall take place and no derclopment permit shall be approved unless the lot on which the development is to take place has dircel access 1o a developed, all-weather road constructed to municipal standards of beller. Altematively, the Derelopment Authority may establish as a condition of approval that an ali-m cather road he constructed by the developer landon ner to municipal standards or beller from the nearest such road to the lot. ## 8.21 Number of Dwelling Units on a lot - (1) The number of dwelling units allowed on any lot shall not excced one (1) except. 2. (b) where the additional dwelling unit: 3. (a) where a second dwelling unit is proposed to be constructed or located on a lot of 32 ha (79 ac.) or more: or 4. (i) is contained in a building that, or in buildings cach of which, is designed for or divided into (wo (2) or more dwelling units, and which is located within a District where such buildings are allowed as cither a permitled or a discretionary usc; or 5. (ii) is a secondary suile as defined in this Bylaw, and which is located within a District where a secondary suite is allowed as either a permitted or a discretionary use; or 6. (ili) is manufactured home in a manufactured home park; or - (iv) is a building, as defined in the Condominium Property Act, that is the subjcet of a condominium plan to be registered in a land titles office under the Act: or - (V) isto be occupied by a person or persons and located on the lot on a temporary or short-term basis. where the second dwelling is to he used by parents, grandparents, ora disabled relative: or - (V1) isto be occupied by a person or persons and located on the lot on a lemporary or short-term basis while buikling a single family duelling on the same lot. - (2) If approving a derelopment permit under the circumstances described in Subscetion 8.2(1)(b)(v) above the Derclopment Authority shall issue such a permit only for a period of time not to creced three (3) years. All the other regulations ofthis Bylaw must be med by the development. Such permits may be reissued if the landonner or occupant makes application within threc (3) Scars after the permit has been approved, however, such renewal will be subjeet to a complete review bythe Development Authority to determine if the relationship betiseen occupants still exists and. ilissucd, will again be issued only for a period oftime not to ereced three (3) years. Tthe relationship is determined to not exist, arif. forany otherreason the development permit is refused, the second dwelling will be removed forthwith. - (3) 'approving a development permit under the circumstances described in Subsection 8.2(1X(b)(vi) above, the Development Authority shall issue such a permit only for a period of time not to creced one (1) year. All the cher regulations ofthis Bylaw must bo met by the development. Such permits may be reissued if the landowner or occupant makes application one (1) Jene after the permit has been approved: homerer, such renewal will be subject to a complete review bythe Development Authority to determine if the related construction is still underway and. if issued, will again he issued only for a period of time not lo exceed one (1) year. Mthe construction is nod underway or has stalled, or it, for any other reason the derclopment permit is refused. the second du elling will be removed forthwith. - (4) Ithe additional delling unit is as delined in Section 8.2(1) above, the Development Authority may, as a condition of the approval of the sccond or additional dwelling unit, require that the dwelling it be placed on the lot in such a manneras to allow forany future subdivision of parcels of land containing the dwelling units from the remainder ofthe tidled area, with such other conditions relevant thereto that the Development Authority may deem advisable. This regulation does not imply any future commitment regarding the approval of'a subdivision ol'any dwelling units on a parcel of land. - (5) If the additional dwelling unit is as defined in Section 8.2(1) above, the Development Authority may, as a condition of the approval of the second or additional dwelling unit, require that the dwelling unit be a temporary building and/or a manulactured home, except in the case of a secondary suite within a dwelling which is not a manufactured home. ## 8.22 Objects Prohibited or Restricted in Yards - (1) No person shall keep or permit in any Residential District any object, chattel, or other use of land which, in the opinion of the Development Authority is unsightly ortends to adversely affect the amenities of the district. This includes dismaniled or wrecked motor sehicles, and any excavation, stockpiling or storage of materials, explosives, Mammable liquids, diesel fuel, propane and gasoline products. - (2) In addition, no person shall koup or permit in any part of any yard in any Residential District any more than one (1) vehicle, loaded or unloaded, of a gross vehicle weight in excess of 4,800.0 kg (10.560 Ibs) for longer than is reasonably necessary to load or unload the vehicle - (3) No person shall keep or permit in a yard adjacent to a delling. cither: 4. more than four (4) propane tanks; or 5. à propane tank that is larger than 68.2 kg (150 Ibs.); 6. any number of propane tanks with a total capacity which excceds 68.2 kg (150 Ibs.): without first obtaining a desclopment permit. - (4) Notwithstanding Subsection (3) above, on lots in a Residential District which are: 2. (b) where the proponent can prove to the satistaction of the Development| Authority that the location and use of the propane tanks meets acceptable fire code and safery standards: 3. (a) greater than 1.2 ha (3 ac.) in arca; and The Derclopment Authority may, at its sole discretion, allow more than four (4) propano tanks or any number of propane tanks with a capacity which exceeds 91.0 kg (200 Ibs.) to be located on a lot. - (5) Nonvithstanding Subsection (3) above, in Commercial Districts, where the applicant for a development permit can prove to the satisfaction of the Development Authority that the location and use of the proposed propane tanks meets acceptable fire code and safety standards as well as emergency response requirements, the Development Authority may, at its sole discretion, allow more than four (4) propane tanks or any number of propane tanks with a total capacity which excceds 91.0 kg (200 Ibs.) to be located either: - (il) within an individual lot: or - (b) within cach recreational vehicle stall located in an approved campground recreational trailer park. - (0) All derclopment permit applications to allow more than four (4) propano tanks. or any numberof propand lanks with a total capacity which cxccods 91.0 kg (200 Ibs.). to be located within individual stalls, in approved campground or recreational vehicle park. will bo required to include an Emergency Responso Plan, prepared bythe developer, at no cost to the municipality. The Emergency Response Plan will be circulated to the municipality's Fire Department for approval prior to issuance ora derelopment permit, - (71 Derelopment permits issued for more than tour (4) propane tanks or any number of propane tanks with a total capacity which execeds 91.0 kg (200 Ibs.) will only bo granted fora period ofone gear. New deselopment permit applications must be submitted annually if the proponen wishes do estend the deselopment period. ## 8.23 Off-Street Loading - (1) All derelopments shall: 2. (a) provide loading spaces, cach having dimcnsions of not less than 3 m (10 li.) in width. 7.5 m (24.5 li) in length, and 4.2 m (13.75 l.) in height: 3. (c) be sited at an cleration or elevations convenient to a major floor level in the building orto a utility devator serving cach major floor level: and 4. (b) provide vehicular ingress to, and egress from, a street or lane such that no backing or turning movements of'sehicles going to of from the sile cause . interference with traffe in the abutting streets or lands: - (11) be so graded and draincd as to disposc of all storm water runoff. In no case shall drainage be allowed to cross sidewalks. - (2) Number of Of-Street Loading Spaces 7. (a) In a commercial or industrial darehousc or similar desclopment (olher than those indicated in Subsection (b) below): 8. (ii) for hereen 100m'(+951.5 sq. sy. li) and m (24.758 sq. li) ot Moor area, 1000 (2) spaces. 9. (i) of less than m (4951.5 sq. A) of Moor area, one (1) space. 10. (iii) for cach additional 2300 m (24.758 sq. l.) or traction thereor. one (1) space - (1) Foran office building, place of public assembly, public convalescent home, institution. club or lodge, public utility, school, or for any other use other than a residential usc, for each 2300 m (24.758 so. l.) of floor area of fraction thereot, one (1) space. - (c) For a residential use, if the number of dwelling units exceeds twelve (12), one (1) space. ## 8.24 Off-Street Parking - (1) An off-street parking area or accessory off-street parking area: 2. (b) shall be constructed so that adequate access to and exit from each parking space is to be provided at all times by means of mancuvering aisles designed to the satisfaction of the Development Authority; - (1) shall not be located within 1 m (3.25 ll.) of a lot line; 4. (c) shall have necessary access located and constructed to the satistaction of the Development Authority; and - (1) shall be adequately signed so as to direct access to it. - (2) Dimensions 7. (a) All parking areas shall conform to the following requirements: ## Minimum Parking Standards (in m (fl.)) | (a) Parking Angle in Degrees | Width of Space | (c) Depth of Space Perpendicular lo Maneusering Aisle | (d) Width of Space Paratlel 1o Mancuvering Aisle | (e) Overall Depth | (1) With of Mancurering Aisle (In) | |--------------------------------|------------------|---------------------------------------------------------|----------------------------------------------------|---------------------|--------------------------------------| | | 27(9) | 27 (') | 7.0 (23) | 11(30) | One Way 3.6 (12) | | 30 | 27(9) | 5.2 (17) | 55(18) | 1-4.0 (16) | One Way 3.6 (12) | | 45 | 2.7 (4) | 3.8 (19) | 4.1) (13) | 15.2 (50) | One Way 3.6 (12) | | 60 | 27(9) | 6.1 (20)) | 3.1 (10) | | 18.2 (59) One Way 6.0 (19.5) | | 20) | 27(9) | (1.1 (20) | 27(9) | 195(61.5) | One Way 7.3 (24) | (Sce diagram below for defianions of enfun healings) Figure 1: Parking Lot Lavous  - (b) Within the 011 District the Development Authority may require some parking spaces provided to be a minimum width of 3.0m (10 0) and a minimum depth of 20m (05.5 0). specifically designed for large trucks. Mancuvering aisles and accesses will be sized appropriately to permit vehicular access to these spaces ## (3) Surfacing and Drainage - (a) Brery off-street parking space provided, and the accoss thered, shalt be hard surfaced ifthe access is from a street or lane which is hard surfaced: parking arcas must be paved or of gravel mixture as approved by the Derelopment Authority. - (b) Lach parking area shall be so graded and drained as to disposc of all storm water runoft. Io no case shall drainage be allowed to cross a sidewalk unless allowed otherwise by the Derelopment Authority. - (-) Required Number of Of-Street Parking Spaces The minimum number of off-street parking spaces required for each building or use shall be as in the following table. In the case of use not specifically mentioned, the required number of off-street parking spaces shall be the same as fora similar use as determined by the Development Authority. Where a development falls within more than one class, the required number of spaces shall be the sum of the requirements for cach of the derelopment classes. | Use of Building or Derelopment Residential | Minimum No. of Parking Spaces | |--------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------| | Apartments and ronhousing | 1.5 per dwelling unit | | All other dwellings | I per duelling unit | | Home occupations | | | Bed and breakfast establishments | 1 per bedroom available for rental | | Commercial General retail establishments. personal service shops, banks and other offices | 1 per +6.5m" (500 sq. lt.) ol gross leasable Noor area plus one space pertwo employees on maximum shilt | | Fating and drinking establishments | I per 5 seating spaces plus I space per Z employces on maximum shift | | Hotels and motels | I per stooping unit plus 1 space per 2 employees on maximum shill | | Places of Public Assembly | | | Auditoriums, religious assembly. alls, clubs. theatres, and other amusement or recreation places | To the satistaction of the Development Authority | | Schools | | | Public, separate or private elementary and jr. high schools Public or separate sr. high schools | I per employec on maximum shift plus 5 1 per employce on maximum shilt, plus l requiry 1o resen of any whatever number | ## Industrial Any industral usc or public utility huikling Hospitals and Similar Uses Hospitals. sanitariums. convalescent homes. cle. 1 per 3 employees on maximum shift provided that this standard may he varied bythe Deselopment Authority 1 per 23m' (1001 sq. l.) of floor area, or d per t beds plus | forevery ? employces on masimum shift, whicherer is greater ## 8.25 Projection Into Yards - (1) No portion ofany building shall project onto, over on into a minimum required yard. - (2) Notwithstanding Subsection (1) abore, the portions of an attachment 1o a main building which may project over a minimum required yard are: 3. (a) steps. caves, gutters, sills. patios, and decks, or other similar projections. with the amount of the projection to be as allowed by the Desclopmend Authority: 4. (b) canopies over entrances to buildings, provided such projections are cantilevered and do not excced 0.91 m (3.0 (.): and 5. (C) any other features which, in the opinion ofthe Development Authority, are similar to the foregoing. ## 8.26 Protection From Exposure Hazards - (1) The location ofany liqucfied petroleum gas (LPG) storage lank with a Mater capacity execeding 9080 1(2000 gal.) shall be in accordance with the requirement ofthe Derclopmen Officer, bur in no case be less than a minimum distance of 228 m (748 l1.) from assembly, institutional, mercantile or residential buiklings. Nor shall a storage tank be placed within a minimum of 38m (124.5 fl.) of the centre line of'a grid road, t0m (134.5 0) from the right-of-way of a minor 100lane highway or 70 m (230 A.) from the right-of-way of a major tro-lane highway - (2) EPC containers with a water capacity of less than 9080 1(2000 gal.) shall be located in accordance with regulations under the Alberta Sately Codes Act. - (3) Hammable liquids storage tanksat bulk plants or sorvice stations shall be located in accordance with regulations under the Alberta Safery Codes Act. - (4) Serbacks from pipelines and other wility corridors shall be at the discretion of the Development Authority and be in accordance with the appropriate provincial regulations or acts, but in no case be less than a minimum distance of 30 m (98.4 Îi.) for institutional, commercial, or residential buildings. - (5) The location of the storage tank shall be completely enclosed by a security fence having a minimum height of 1.8m (6 11). - (6) Dangerous Goods warning signs of'an appropriate nature shall be clearly visible at the site. Signs shall be attached to the fence and to the storage tanks - (7) Nolanks forthe storage of anhydrous ammonia shall be allowed within the municipality ## 8.27 Recreational Vehicle Parks - (1) The construction and maintenance of all internal roads areto be tho responsibility ofthe landowner/developer. Internal roads shall have a minimum ofa 6m (20 l.) usable top, except for one-way roads, which shall have a minimum of a 3.65 m (12 ll.) usable top. - (2) Recreational vehicle or camping spaces shall have a minimum of 13.5 m (49 ft.) width and a minimum of 273 m* (2938.5 sq. N.) arca. All such spaces shall be set back a minimum of 30 m (98.4 l.) from the shoreline of any body of water. - (3) The developer shall provide an adequate on-site water supply. - (1) As a condition of approval, the Development Authorily shall require the developer to obtain any necessary permits and approvals from all regulatory authorities and agencies having jurisdiction over the type of development. - (5) The development agreement may require the developer to construct, upgrade, or pay to construct or upgrade the necessary Village roads to access the development. - (6) The developer shall designate an area equivalent to ten percent (10%%) of the total recreational vehicle park area as a playground. This area is to be clearly marked and free from all traffic hazards.  ## 8.28 Recreational Vehicles - (1) Notwithstanding any other provision ofthis Bylaw to the contrary, no person may occupy a recreational rehicle on any lot unlessa development pormit has been received for the placement and use of the recreational vehicle. 2. (il) liahe intendon is dorent the recreational rehicle for any consideration (shether for moncy on for goods or service in kind), a dorclopment permit lor a secreational schicle park must be approved. Such a permit may only be approved in Districts where recreational vehicle parks are listed as a permitted or a discretionary use. 3. (b) behe intention is to have the recreational vehicle occupied by person on persons, but not have any arrangement for any consideration as described i Subsection (i) above, a development permit for the placement of the recreational vehicle as an accessory building and use must be approved Such a permit may only be approved in Districts where residential uses are listed as a pormitted on a discretionary usc. and may only be approved for a period of time. which period shall nod ereced six (6) months. In addition. no more than one (D) recreational vehicle used for such a purpose shall be alloned on any for and the placement oftho reercanional vehicle shall abide by all requirements for accessory buildings on the subject lod 4. (c) Illho intention is to store an unoccupied recreational vehicle, unless a development permit has been issued for Outdoor Storage which includes recreational vehicles, no more than one (1) recrcational vehicle shall bo allowed on any lot do nolument permitshal be required fore - (2) Norwithstanding 8.28(1) abore: within the Residental (R1, R2. R3, RAI and - (3) No recreational dehicle shall bo permanently connected to any utility or municipal service, such as power, gas, water supply or sanitary sewage disposal facilities unless the rcercational vehicle is located in an approved recreational vehicle park. 7. (-+) No recrcational vehicle, shother located within a recreational vehicle park oron a lot, may have associated with it any more than two (2) accessory structures. bundings, or other appurtenances, in addition to fences, bonches, fire pits, picnic lilles, a small shed with a maximum size of m* (107.6 sq. M.), and a screened orroofed patio around or beside the recreationat vehicle. - (5) No structure accessory to a recreational vehicle shall be used as sleeping quarters. - (6) Except for a recreational vehicle on a lot which may have an appurtenant garage for the storage of vehicles or boats, the total Moor area or ground area covered by all accessory structures, buildings or other appurtenances (other than those indicated in Subsection 1. abore) shall not exceed the total Moor area of the recreational vehicle. ## 8.29 Service Stations & Gas Bars - (1) Service stations and gas bars shall be located in such a manner that: 2. No entrance or exit thereto for motor vehicles shall be within 60 m (197 fi.) of an entrance to or exit from freball, public or private school. playground, library, religious assembly, hospital, children's or senior citizen's home, or other public or quasi-public use: 3. (b) No part ofa service station or gas station building or of'any pump or other accessory shall be within 6m (19.5 (.) ol'a side or rear property line: 4. (c) Service stations shall have a fiom yard of not less that 12 m (39.5 (l.) and no fuel pump shall be located closer than 6 m (19.5 f.) to the front property line: and - (11) Storage tanks shall be set back from adjacon buildings in accordance with the Alberta Safety Codes Act and regulations made thereunder, and the Alberta Fire C'ode. - (2) Site Arca and C'overage 7. The minimum sile areas shall be 710 m' (7965.5 sy. ft.) and the maximum buikling coverage shall be 25% of the site arca. For service stations including cariash, the minimum site area shall be 1115 m? (12,002 so. 8. (b) Where a service station forms part of an auto dealership development, the minimum silo area and maximum building coverage may be varied at the discretion of the Derelopment Authority. - (3) Site and Building Requirements 10. (a) AIl parts of the site to which vehicles may have access shall be surfaced and drained to the satisfaction of the Development Authority. 11. (b) No activity may be carried on which constitutes an undue nuisance or annoyance to persons occupying land in the immediate vicinity of the sile, by reason of dust, noise, gases, odour, smoke or vibration. - (c) The site ofthe buildings shall be maintained in a clean and tidy condition and free from all rubbish and debris. ## 8.30 Signs In addition do the other regulations ofthis Bylan, the following additional regulations shall apply lo signs: - (1) Limitations 2. (a) Except as provided in Section 3.2 ofthis Bylaw: no person shall erect. relocate or structurally alter or enlarge any sign. including an election sign, unless he has complied with the requirements of this Section and any other relevant provisions ofthis Bylaw, and has been issued a development pormit in respect thercol. 3. (b) The Development Authority may issuc a desclopment pormit for a sign as part of the development permit for the use of the building to which the sign pertains. provided the deselopmen permit application indicates that there is to beasign and provided further that all infonnation requirements for a der clopment permit application for a sign are met to the satisfaction of the Derelopment Authorits: 4. (C) Provisions for election signs and property for sale or rent signs are provided in Section 3.2 of this Bylaw. - (2) Information Requirements for a Deselopment Permit for a Sign In addition to the requirements of Section 4l ofthis Bylaw. a derclopment pernat application fora sign shall include the following information: - (a) a letter of consent from the property on ner. - (b) io copies of colour drawings, drawn to scale, showing the sign, any structural supports, and the dimensions, thickness, area, and colours, of tho - (c) any animation. moving copy, or other moving features of the sign. if applicable. - (d) method of illumination. if applicable. - (c) mounting details, - (1) the location and size ofall other existing and proposed signs on the building laçade or site. - (g) mounting heights and clearances to grade, and - (h1) the amount of projection of the sign from a building it' any. - (3) Signs as Permitted or Discretionary Uses - (a) No sign, other than an off-site sign in the Districts indicated in Subsection (b) below, on a sign which is othervise exempted from the requirement of obtaining a development permit as indicated in Section 3.2 of this Bylaw. shall be allowed unless it is accessory to an existing usc. - (b) Notwithstanding any other provision of this Bylaw to the contrary, except as otherwise indicated in this section, off-site signs shall be considered to be discretionary developments in all Commercial Districts, in all Industrial Districts, and in the Urban Reserve (UR) District. - (+) Procedures for the Consideration of Development Permit Applications for Signs All development permit applications for signs shall follow the process outlined in Part dofthis Bylaw and be subjectto appeal if applicable in accordance with Part Softhis Bylaw - (5) General Sign Regulations 2. (i) its position. size, shape. colour, format or illumination obstructs the view of, or may be confused with, an official traffic sign, signal or device or other official sign, or otherwise poses a polential hazard to brallie, 3. (a) A sign shall not be erected, operated used or maintained if, in the opinion ofthe Development Authority: 4. (ii) il displays lights which may be mistaken for the Mashing lights customarily associated with danger or with those used by police. fire, or other emergency vehicles, on 5. (iii) it would be situated within the area regulated by Section 8.7 of this Bylaw. - (1) A sign shall be integrated with the building on which it is to be located and compatible with the general architectural lines and forms of the nearby buildings or of adjoining derclopments. 7. (c) Where possible, signs shall not cover architectural details such as arches, sills, mouldings, cornices and transom windows. 8. (d) A sign or sign structure shall be set back a minimum of 0.5 m (1.6 lt.) from any property boundary and no part of a sign may encroach onto an adjacent lot or a road or lane. 9. (e) Except as otherwise specified in this Bylaw, the maximum area of'any sign shall be 18.0 m' (193.6 sq. ll.). - (1) Al the discretion ofthe Development Authority a maximum of five (5) signs may be allowed on a lot inclading temporary signs and portable sIgns: 2. (gl Signs will nor be allowed on fences in Residential Districts or Commercial Districts - (6) Care and Maintenance of Signs 4. (a) All signs shall be maintained in good and sale structural condition and shall be periodically repainted 5. (b) Where the Development Authority determines that a sign is abandoned or in an overall state of disrepair they may, by notice in writing to the owner ofthe land on shich the sign is located and, if it is indicated on the sign, the owner or operator of the sign, order the ou ner of the land and the duner or operator of the sign to: 6. (i) remove the sign and all related structure components within what the Development Authority deems to be a reasonable period of line, or 7. (ii) take such mcasures as they may specify in the notice to after andor refurbish and or repair the sign. 8. (C) Failure to remore the sign or to comply with the measures specified in tho notice described in Subsection (b) above may result in the issuance ofa violation ticket as described in this Bylan. 9. (cl) The notice described in Subsection (b) above shall be considered to bea stop order for the purposes of this Bylaw. - (7) Type of Signs 11. (a) A-Frame Signs 12. (i) Notwithstanding any other provision ofthis Bylaw to the contrary, A-framo signs shall be allowed only in Commorcial Districts. 13. (ii) The maximum arca of'cach A-frame sign face which is located on a sidewalk shall be (0.7 m° (7.5 sq. n.). Figure 27 illustrates area and height requirements for A-frame signs. 14. (ili) The maximum area of'each A-frame sign face located in another location, approved bythe development authority, shall be 1.5 m? (16,0 su. li) - (iv) The maximum height of an A-frame sign which is located on a sidewalk shall be 1.0 m (3,3 (l.). - (V) No A-frame sign shall be located on a sidewalk in such a manner so as lo obstruct pedestrian flow. - (v1) The maximum height of'an A-dame sign placed in other locations shall be 1.8 m (6 N.), measured perpendicular distance from the ground to the highest point of the sign when set up. - (vii) No more than one (1) A-frame sign shall be allowed per business frontage. - (viii) Where the back of'an A-frame sign is visible, it shall be suitably painted or otherwise covered to present a neat and clean appearance. Angle iron shall not be open to public vien unless finished in an aesthetically pleasing manner to the satisfaction of the Development Authority. - (iN) The area around an A-framo sign shall be kept clean. All vegetation shall be cleared away to a distance ol'at least 1.5 m (4.9 1.) around the A-frame sign. - (x) A-frame signs are not to be used in conjunction with projecting signs at grade level. - (b) Canopy Signs Where a canopy is constructed solely as a support structure for a sign, the following regulations shall be adhered to: - (ii) the bollom of the canopy shall be not less than 2.5 m (8.2 fl.) - (i) the maximum area of all canopy signs on one face of a canopy shall not exceed S0% of the area of the face of the canopy, - (iii) no part of the canopy shall project over a road or lane. - (iv) unless othenvise approved by the Development Authorily, the vertical dimension of the canopy shall not excced 1.5 m (4.9 (.), - (v) signs suspended under a canopy shall have a vertical clearance of'a minimum of 2.5 m (8.2 (l.) from grade, - (vi) each tenant of a building shall be allowed one (1) under-canopy sign of'no more than 0.5 m" (5.4 su. f.) in area, and - (vii) all canopy signs shall be crected in such a manner that the structural support elements are designed to appear as an integral part of the overall sign design and concealed such that no angle iron bracinge guy wires or similar support elements are visible from a road or lane. ## (c) Freestanding Signs - (1) The sign area for a single or multi-faceled frecstanding sign shall bethe average ofthe total arca of'all frecstanding sign faces 2. (1i) One (1) freestanding sign per business frontage may be erected on a site having a minimum basiness frontago of 15.0 m (49.2 f.) al road level. 3. (iti) Notwithstanding Subsection (b) above, a maximum of'one (1) freestanding sign may be allowed per site escept: 4. (A) Where a site has more than a 90.0 m (295.3 It.) frontage. one (1) additional freestanding sign may be crected at the discretion ofthe Derclopment Authorily. 5. 1(°) deklitional signs may be allowed at the discretion of the Development Authorily: 6. (B) " here a sile is considered by the Development Authority to be a double fonting sile, cach frontage may bavd freestanding signs providing that the ficestanding signs are at least 90.0 m (295.3 ll.) apart. 7. (is ) The total sign area ofall freestanding signs on a site shall not execed 0.3 m°13.2 sy. d.) in area for cach lincal metre of frontage. to a maximum of8.tm' (90 sq. l.). 8. (V) The maximum height of'a freestanding sign shall be 7.0 m (23.0) 9. (vi) Where a freestanding sign and a projecting sign are located along the samo frontage of'a site, a minimum distance of 10.0 m (32.8 l.) shall be maintained between the signs. 10. (sii) Any support structure for a freestanding sign shall be set back a minimum 0f0.3m (10 0) Grom any site line and no part of the freestanding sign itself shall encroach onto or on erhang an adjacent sile. road or land. ## (d) Portable Signs - (1) Any support structure for a portable sign shall be ser back a minimum of 0.5 m (16 A.) Gom any site line and no part of a portable sign shall encroach onto or overhang an adjacon site. road or land. 2. (ii) No more than one (1) portable sign shall bo located on a sile. - (111) Notwithstanding Subsection (ii) abore. one (1) portable sign may be allosed for each business in a multiple-occupancy deselopment provided that no portable sign is located closor than 15.0m (19.2 fì.) to another portable sign. 4. (iv) All portable signs shall be double-faced 108:41 - (V) No portable sign shall exceed a height of 2.5 m (8.2 ft.) above - (vI) Portable signs shall not be placed on a site so as to conflict with or lake up space for parking. loading. or walkways. - (vii) Notwithstanding any other provision of this Bylaw to the contrary. portable signs shall not be allowed in any Residential District. - (c) Projecting Signs - A projecting sign shall have a vertical clearance of a minimum of 3.05 m (10 f.) from grade. - No projecting sign shall project over another site, a road, or a land. - No more than one (1) projecting sign of 0.5 m'(5.4 fl' in size shall be allowed foreach frontage of a commercial or industrial use. - All projecting signs shall be erected in such a manner that the structural support elements are designed to appear as an integral part of the overall sign design and concealed such that no angle iron bracing, guy wires, or similar support elements are visible from a road. - (1) Roof Signs - No supporting structure for a roof sign shall bo visible do the public unless finished in an asthetically pleasing manner to the satisfaction of the Development Authorily. - Rool signs must be manufactured and erected in such a way that they appearas an architectural feature and they shall be finished in such a manner that the visual appearance from all sides makes them appear to he part of the building itself. - All roof signs shall be set back a minimum of 1.0m (3.3 t.) From the edge of the building on which the roof sign is located. - (g) Fascia Signs - The portion of a wall which can be used for or which can be covcred by a wall sign on the front of a building shall be the space defined by the following lower and upper limits: - the loser limit of the portion shall be the lower limit of the linted or the window head of the first storcy, but in no case loser than 2.4 m (7.9 ll.) abore grade, Figure 2: Fascia Sign placement on a one stores building  - (B) in the case of'a one storcy building. the upper limit of the portion shalf be cither: - the roolline of a Hat-roofed building, or. where there is an existing majority of wall signs which exceed the roofline. the upper limit of such existing wall signs. or 2. a maximum of 0.Sm (31.5 inches) above the line of the caves. ifthere is a parapet wall. provided that the sign does not project above the upper cage of the parapet. or 3. the line of the caves. Figure 3: Example of' a Parapet Wall and Eaves  - (C) in the case of a building that is not a one storey building, the upper limit of the portion shall be the window sill of the second storey or, in the absence of any windows on the second storey, 0.8 m (31.5 inches) above the floor elevation of the second storey. - (ii) Notwithstanding Subsection (a) abore, a wall sign may be located: (A) below the area delined in Subsection (a) above, provided: 2. the sign states no more than the name of the building or the principal tenant of the building, and 1. the sign consists of individual letters, symbols, or logos that are direedly attached to the building face, 3. the sign area does not excced 20% of the building face below the arca delined in Subsection (a) above. - (B) between the second storcy window lintel and the third storey window sill, or, in the case of a to storey buikling. berseen the second storey window lintel and the roof or - parapet, preten sta the sign states no more than the name of the buikling or the principal tenand of the building, and 2. the sign area does not exceed 2.5 m? (26.9 sq. ll.). - ((') above the third storey window sill, provided: - the sign states no more than the name of the building or principal tenant of the building, and Figure t: Fascia Sign placement on a two storey building  2. there is no more than one (1) sign per building face above the third storcy. - (111) A wall sign may be allowed on the side wall of a buikling lacing a roach behere a des elopment is located on a corner sile provided that the sign is integrated with the other signage on the building and is of the same height and width. 3. (11 ) Any other location for a wall sign shall be at the discretion of the Derelopmen Authority, who shall have consideration for the aesthetic quality and compatibility of the proposed wall sign with adjacent des clopments. 4. (h) Inflatable Signs 5. A small inflatable style sign can be placed on an approved temporary sign location, and does not require a development permit. provided it is, no larger than S.5 mr (50.2 so. fi.) as applicable. - (11) Larger inflatable signs require that a developmen permit he applied for, and approval obtained before installation. 7. (iii) One inflatable sign may be localed on a site and must be rethored «anchored so that it is touching the ground surface to which it is anchored. 8. (iv) The maximum bcight of'an inflatable sign shall be the allowed height of a freestanding sign for the site. - (1) An inflatable sign can only bo located on a silo oice in a calendar yearand not for longer than 30 consecutive days. - (11) Inflatable signs cannot be located on the roof of a structure. - (8) Signs in or Adjacent to Residental Districts 12. (a) Except as provided in Subsections (b) and fo) below. no sign shall be perilled in Residential Districts excope for places of worship, schools or other public institutions. 13. (b) An approred major home occupation may display a sign. not larger than 0,2 m (2 so. li) in the sindows of the dwelling. - (0) An approsed bed and breakfast may display a sign. not larger than 0.2 m? (2.0) so. fl.). M'outside, the sign shall be placed in a location that is satisfactory do the Development Authority. Alternatively. the sign may bo displayed from inside a window of the dwelling 15. (el) One (1) freestanding sign per site may be allowed for the purposc of identifying the name ola multi-family dwelling, a manulacred home park. a neighbourhood ora subdivision, provided: 16. the sign area doos not erccod 5.0m (53.8 s4. M.). - (ii) the height of the sign does not execed 2.0 m (6.6 f.). and - (ili) the sign is not internally illuminated, though it may be lit from the front. - (e) Name or number signs shall have a surface area of'no more than 0.3 m (3.0 suj. fl.). - (1) When an illuminated sign is located in a District adjacent to a Residential District, the illumination from that sign shall be deflected away from the Residential Districi. - (g) When, in the opinion ofthe Development Auhority, a proposed sign in any District adjacent to a Residential District might be objectionable to a resident in the Residential Distriet, the Developmen Authority may impose such other requirements as they deem necessary, to protect the amenities of the Residential District. - (9) Signs Relating to Institutional Uscs In any District where a place of'worship on a school or another institutional use is allosed, one (1) sign of not more than 5.0m (53.8 sq. d.) in area shall be allowed to be erected on the site occupied by the place of worship. school, or other institutional usc. ## 8.31 Site Conditions - Derelopment shall not be allowed on unstable slopes, land characterized by soil instability, or land exhibiting evidence of poor drainage or Hooding unless it can be demonstrated to the satisfaction of'the Derelopment Authority that unique sile regurements warrant otherwise. - (2) Lands Subjcer to Flooding or Subsidence - (a) Nobithstanding that a proposed development conforms in all respects with this Bylaw, where the application is for development on lands that are or may be subject to flooding or subsidence, or in an area polentially subject to a 1:100 year flood, the Development Authority shall not approve a development permit unless the applicant can demonstrate that preventive engineering and construction measures can bo instituted to make the side suitable for the proposed development or to protect the development from the potential Hooding hazard. - (b) Ia development is subsequently approved in such an area, the developer shall be required to implement the preventive measures referred to in Subsection (a)   above, and agrce within an agreement that can be cavcated against the titles of the affected lands. that he andor any subsequent landowners shall be responsible for any damage or loss caused by Mooding or subsidence - (3) The Derelopment Authority may impose conditions on the approval of' a development permit requiring the retention oftrees, or additional planting of'such a type and eston that is considered necessary. - (4) The Development Authority may prescribe serback and'or buttering requirements foruses which may be incompatible with adjacent land uses. - (5) The Derclopment Authority may prescribe on approve serconing for uses which isolve the outdoor storage of goods. machinery: schieles, building materials. waste materials, and other similar uses. ## 8.32 Solar Energy Collection Systems - (1) Solar energy collection systems shall only be allowed as accessory desclopments. - (2) Ground mounted solar collectors shall be located in a side or rear yard only. - (3) When a solar energy collection system is installed oma lot, accessory structures or vegetation on an abutting lot should not be located so as to block the solar collector's access to solar energy: The portion of'a solar collector that is prolected is the portion which: 4. (a) is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 pon by a hypothetical 3.66m (12 A) obstruction docated on the kon line; and. 5. (b) has an area not greater Chan one-half'of the healed door area of The structure. or the largest of the structures, to be served, Norwithstanding the foregoing the Village shall not be held responsible for protecting access to solar energy on private land. - (1) No solar energy collection system that is lied into a grid shall be installed until evidence has been given that the utility has been informed of the customer's intent lo install an interconnected customer-on nor generator. A copy of a letter to the applicant's utility is suflicient. No response or evidence of approval from the utility is required, Of-grid systems and grid-tied systems that are not capable of feeding onto the grid with advanced control grid fault protection and disconnect sivitches covered under the clectrical code shall be exempt from the requirement. ## 8.33 Sour Gas Facilities - (1) No development shall be allowed within 100 m (328 l.) ofa Lovel 1 sour gas facility (consisting of a well) as determined by the Alberta Energy Resources Conservation Board (ERCB). - (2) Inthe case ofa Level 2 sour gas facility as determined by the ERCB: 3. (a) no permanent dwelling shall be allowcd within 100 m (328 lt.) of the sour gas facility; and 4. (b) no institutional use shall be allowed within 500 m (1610 (.) of the sour gas facility. - (3) In the case of Level 3 sour gas facility as determined by the ERC'B: 6. (a) no permanen delling shall be allosed within 100 m (328 (.) Of the sour gas facility; 7. (c) no institutional use shall be allowed within 1500 m (4921 П.) of the sour gas facility: 8. (b) no residential derelopment with a density of more than cight (8) dueling units per quarter section shall be allowed within 500m (1670 (.) of the sour gas facility; and ## 8.34 Subdivision of Land - (1) Where the derelopment of land requires a subdivision, no development permit shall be issued unit the proposed subdivision has received tentative approval from the Subdivision Authority for the Village. - (2) Development agreements shall be required as a condition of approval for subdivision of land within the Village. ## 8.35 Topsoil Removal - (1) A development permit is required for the removal of top soil, sand. or gravel for commercial purposes. - (2) The Development Authority may refer a copy of a development permit application for topsoil removal to the appropriate provincial agencies for input prior to making a decision. ## 8.36 Wind Energy Conversion Systems, Large - (1) Priorto making a decision on an application for a development permit for a large wind energy conversion system, the Derelopment Authority shall consider input from: - (a) any adjacent mumcipality should the proposed development be located within 2 km (1.2 mi.) ofthe municipality; and - (b) landowners within 2 km (1.2 mi.) of the proposed desclopment. - (2) When making an application for a desclopment permit for a Large Wind Energy Conversion System, the developer shall provide to the Derclopment Amhority appropriate reports and on approvals from the follow ing: - (a) Transport Canada - (b) NavCanada - (c) Alberta Culture and Community Spirit - (ci) Alberta Environment - (c) Alberta Sustainable Resource Development - (1) Alberta Tourism, Parks and Recreation - (g) Alberta Transportation - (3) Should a large wind energy conversion system discontinue producing power for a minimum ofto (2) years, the system operator shall be required to provide a status report to the Development Authority. The Development Authority may then regure that the system be decommissioned. Failure to comply with a deconnnissioning requirement shall be considered to be a breach of this Bylan, and subicet to the enforcement provisions of this Bylaw: - (-) A large wind energy conversion system shall comply with all the setbacks related to roads and highways that govem the principal use in the district in which it is located - (5) Where in the opinion ofthe Desclopment Authority, the setbacks referred to in Section 837(4) above are not sufficient to reduce the impact of a large wind energy conversion system from a road or highsay. the Dorclopment Authority may merease the required sotback. - (6) The turbine base shall beno closer to the property line than four times the height ofthe wind turbind lower. Where in the opinion of the Development Amhority the setback from the property line should be varied, the Development Authority may require an acoustical study to establish appropriato serbacks. - (7) The minimum vertical blade clearanco from grade shall be 7.4 m (24.6 l.) for a wind energy conversion system emploving a horizontal axis rotor unless oherise required by the Developmend Authority. - (8) Toensure public safely, the Development Authority may require that: (a) a secure fence not less than 1.S m (5.0 (.) in heighe with a lockable gate surround a wind energy conversion system tomer if the tower is climbable or subject to vandalism that could threaten lower integrity; - (b) no ladder or permanent tower access device be located less than 3.7 m (12.1 fl.) from grade: - (C) a locked device be installed on the tomer to preclude access to the top of the tourer: and - (d) such additional safety mechanisms on procedures be provided as the Development Authority may consider reasonable and appropriale. The use of tubular lowers, with locked door access, may, at the sole discretion of the Derelopment Authority, make unnecessary the above requirements. - (9) All power lines on the site ol'a large wind energy conversion system to the power grid or a poser substation will be underground except where the Development Authority specifically approves overhead or abore grade installations. 2. Unless otherwise required by the Developmen Authority, a large wind energy conversion system shall be finished in a non-reflectise malle and in a colour which minimizes the obtrusive impact of'a system to the sole requirements of the Development Authority. - (11) No lettering, advertising or other symbol shall appear on the towers or blades. On other parts of the large wind energy conversion system, the only lettering or symbol allowed will bethe manufacturer's and or onner's identification or symbol and then, only upon the approval of and at the sole discretion of the Development Authority. - (12) The Derelopment Authority may approve a large wind energy conversion system on a case-by-case basis having regard for: 5. (a) information provided in the application: 6. (b) the proximity ofthe proposed development to other land uses; 7. (C) the cumulative effect ofall wind energy conversion systems approved or proposed in the arca; 8. (d) underlying utilities; and 9. (c) information received from the circulation of the application and from the public. - (13) Large wind energy systems must comply with applicable air trafic safely regulations. Transport C'anada must be notified of the location (latitude and longitude) and height of'all wind turbine installations through the acronautical clearance application process.  ## 8.37 Wind Energy Conversion Systems, Small - (1) Small wind energy conversion systems shall only be alloned as accessory developmenis. - (2) For property sizes berseen O.1 ha (0.25 ac.) and 0.2 ha (0.5 ac.) the wind turbine toner height shall be limited to 25.0 m (82.0 0). For property sizes of 0.2 ha (0.5 ac.) or more. there is no limitation on wind turbine tower height, subject to the setback requirements below, and provided that the application includes evidence that the proposed height does not execed the height recommended by the manufacturer o any distributor ofthe sastem - (3) The turbine base shall be no closer to the property line than the height of the wind turbine tower, and no part ofthe system structure, including guy wire anchors. may extend closer that 3,0m (98 A)do the property boundaries of the installation site, Acklitionally. the outer and innermost guy wires must bo marked and clearly visibleto a height of (o6 l) above the guy wire anchors. The Derelopment Authority may waise sctback requirements from adjacent properties if such adjacent property onner agrees to grant an casement binding on current and future - (1) Themean value of the sound pressure lovel from small wind cnergy systems shall not execed more than 6 decibels (dBA) abore background sound, as measured an the exterior of the closest neighbouring inhabited delling Cat the time of installation or during operation). For wind speeds belon 10 m porsccond (22 mph) and except during short-term events such as utility outages and'or severe wind StormIs - (5) Derelopment permit applications for small wind energy systems shall be accompanied by standard dasings ofthe wind turbine structure. including the losser. hase, footings, anchoring method and drawn to scale. An engineering analysis of the wind turbine tower showing compliance with the Inemational Building Code and cortilied by a licensed professional mechanical, structural. or civil engincer shall also be submitted. Documentation of this analysis supplied by the manufacturer shall be accepted. - (6) Small wind energy systems must comply with applicable air traftic safely regulations A statement on compliance by the applicant is sufficient. Transpor C'anada must be notified ofthe location (latitude and longitude) and height of all wind turbine installations through tho acronautical clearance application process Small wind turbine towers shall not be artificially lit except as required by Nav Canada. - (7) Building permit applications for small wind energy systems shall be accompanied bya line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to existing electrical codes. This information is frequently supplied by the manufacturer. - (8) No small wind energy system that is tied into a grid shall be installed until evidence has been given that the utility has been informed of the customer's intent t0 install an interconnected customer-owner generator. A copy of a letter to the applicant's utility is sufficient. No response or evidence of approval from the utility is required. Off-grid systems and grid-tied systems that are not capable of feeding onto the grid with adranced control grid fault protection and disconnect switches covered under the electrical code shall be exempt from the requirement. - (9) One Small Wind Energy System is allowed per single detached celling on a lot. ## 8.38 Wireless Communication Facilities - (1) The municipality will encourage developers of wireless communications facilities 1o demonstrate good planning and design with foremost regard to safety of the general public: adherence to established construction standards in industry: minimizing impacts to the natural environment: minimizing the visual impacts on nearby residents: and ensuring public consultation in the carly development stages. A letter of support will be provided to licensing and approving authorities for applications mecting these criteria. A leder of non-support will be provided to licensing and approving authorities for applications not meeting these criteria. - (2) Developers ofa wireless communications facility that plan for the facility and can accommodate other wireless operators on the site will be given priority status. - (3) The application for des clopment of'a wireless communications facility is encouraged to engage existing owneroporators of these structures for co-location opportunities. Existing operators are encouraged to participate in the process by charging reasonable rates for this privilege. - (4) Applications for development of'structures outside of the Alberta Building Code suchas lattice lowers shall include a document from authoritative sources demonstrating structural adequacy of the specified structure for the location and loading defined in the application. Such authorities include: the Canadian Standards Association and qualified structural engincers. Stamps and Seals of approval shall accompany the documentation. - (5) Guyed-fourer structures are to be located on properties that allow for a distance from the base to boundary setbacks that is no less than equal to the final structure height. In all cases that base and anchor structures must be designed for the soil conditions presentA professional engincered design with supporting soil profles must accompany the application for development. Precise location (Latitude and Longitude) of the base and anchors must be rescaled. Self-suppon towers are to be located respecting the buikding and safery codes for the community: In all cases the base structures must be designed for the soil conditions presented professional engincered design with supporting soil profiles must accompany the application for des clopment. - (6) Multiple tomer structures pill require individual derelopment permit applications. 2. 171 Applications forthe development of'wireless facilities must include in the derelopment application letters fiom the follow ing authorities: 3. (a) Transport Canada govering painting and lighting ofthe applicant's tower for acronautical safery: 4. (b) Nav Canada goreming aireraft communication and instrumentation immunity from the applicant's dower transmissions: 5. (c) Industry C'anada governing the frequeney of operations and public safety from non-ionized radiation in accordance with Satery Code 6. Licensed Exempt operators must provide a stamped loller from a licensed professional RE engincer guaranteeing these conditions will be met; and - (8) Appropriate fencing around the basc, anchors and site limiting public access to thetower and exposture to high Rl energy fickds must be provided with consideration of community aesthetics - (9) The application for deselopment must include consideration to minimizing environmental damage through the following mcasures: 8. (b) The application for development shall include a signed letter from the applicant detailing conceive actiones) to remediate any environmental damages, 9. (a) C'onsultation with Federal and Prosincial cns ironmental agencies 1o ensure the site selected and the resultand construction does not impact upon sensitive conlogies nor interfere with migrating birds or animals C'onfirming letters from these agencies must accompany the application for derelopment. - (10) As a condition ofobtaining a devclopment permit the applicant agrees to the following: 11. (a) The site will be reclaimed within sis (6) months of cessation of operation. 12. (b) The site reclamation will comply with Alberta Environmental Laus to be provided by Alberta Environment or their agent. - (11) A public consultative process shall commence within the intent to establish a wireless facility advertisement in the local newspapers and b letter to the neighbouring property owners 120 days prior to the anticipated date of construction. The municipality will arrange for the public meetings at its discretion and at the sole expense of the applicant. ## 9 Land Use District Regulations ## 9.1 R1 - Large Lot Residential District Tho general purpose of this District is to allow the derclopment of single family - (1) Ciencral Purpose dwellings on large lols ## (2) Permitted Uses - (a) Ninor home occupations - (b) Parks, playgrounds and similar recreational uses - (C) Public utilities, not including an enclosed building - (e) Buiklings and uses accessory to permited uses - (1) Single family cellings ## (3) Discretionary Uses - (al) Back and breakfast establishments - (b) Day homes - (c) Family care facilities - (d) Major home occupations - (c) Modular delhngs. - (1) Public or quasi-public uses - (g ) Religious assemblics - (h1) Sccondary suites - (i) Show homes - (j) Solar energy collection systems - (k) Buikdings and uses accessory to discretionary uses ## (1) Requiremens - (i) Minimum Lot Area for Single Family Dwellings 5574m' (6000 sq.N.) - (b) Minimum Lod Arca for Other Usesc as required by the Development Amhority - (i) Minimum Led Widh for Single Family Dwellings 15.24 m (50.0 l.) - (11) Minimum Lot Width for Other Uses -- as required by the Development Authorily. 2. (c) Development on existing substandard lots may be considered by the Derelopment Authority, Compliance with provincial plumbing, drainage and health Regulations will be required. - (1) Minimum Floor Area for Residential Uses 883m (950 sq. It.) for each dwelling unit 4. (g) Minimum Yard Requirements: 5. (i) Front yard 7.5 m (24.0 1l.) 6. (i) Excopt as nored below, side yard - 10% of the lot width 7. (iv) Side yard where there is no lane and where no attached garage is provided -3.0m (9.84 l.) 8. (iii) Side yard abutting a road in the case ofa comer 101 - 1.5 m (14.75 (.) / 9. (V) Rear yard - 7.5 m (24.6 l.) Norwithstanding these regulations, any requirements established pursuant to the Alberta Safety Codes Act must be provided - (h) Maximum Lot Coscrage - (1) Dwellings 23°0 - (ii) Accessory buildings -12% - (i) Design. Character and Appearame of Buildings: - (1) Buikdings may be either of new construction or moved in. Exterior finish to be wood, metal or similar siding, brick or stucco to the satisfaction of the Development Authority. - (ii) AIl modular dwellings shall be lactory built or of a quality equivalent thereto with walls of pre-lished siding, stucco, brek, or equivalent, as required by the Development Authority. Solid foolings and a concrete or wood block foundation, wall or skirting shall be provided so that the appearance, design and construction compliment the modular direlling - (iii) All accessory structures such as patios, porches, additions, skirting and storage facilities attached to a modular dwelling shall be factory prefabricated units, or ofa quality equivalent thereto, so that the appearance, design and construction will compliment the modular dwelling. - (j) Other Requirements:   - (1) livery fence enclosing an outdoor so imming pool or hot tub exceeding 09m (3 11) in depth shall be at least 1.7 m (5.6 1) in height and shall designe soas to try to deter children from climbing over or crawling through or underat do gam access. Crates in the fence shall be the same height as the fence and shall be cquipped with a solf-latching device located on the inside orche lence: - (11) The maxmam height of any bukling shall be 10m (32.8 (.).- ## 9.2 R2 - Small Lot Residential District ## (1) General Purposc The general purpose of this Distriet is to allow the development of primarily smaller single family dwellings on large lots, with the possibility of some duplex development at the discretion of the Development Auhority. ## (2) Permitted Uses - (a) Minor home occupations - (b) Parks, playgrounds and similar recreational uses - (C) Public utilities, not including an enclosed building - (d) Single family dellings - (c) Buildings and uses accessory do permitted uses ## (3) Discretionary Uses - Bed and breakfast establishments - Day homes - Family care facilities - Major home occupations - Modular dwellings - Public or quasi-public uses - Religious assemblics - (1) Sccondary suites - (j) Semi-detached direllings - (k) Show homes - (1) Solar energy collection systems - (111) Buiklings and uses accessory do discretionary uses ## (1) Requirements - (al) Relating to Single Family Dwellings - (i) Minimum Lot Arca 161.0m (4997 so. 11) - (il) Minimam Lod Width - 11.8m (37 fl.) - (iii) Derelopment on existing substandard lots may be considered by the Development Authority. Compliance with provincial plumbing. drainage and health Regulations will be required. - (iv) Minimum Floor Area - B. One and one-hall storey buildings - 92.0 m? (990 sq. fl.) - A. One storcy buildings - 74.0m' (796.5 sq. (.) - C. Tiestorey buildings - 111 m(1195 se. lig 2. (v) Minimum Yard Requirements 3. Front yard - 75m (24.6 li.) 13. Except as noted below, side gard 10", orche lon width 5. (. Side yard abutting a road in the case of a corner or 4.5 m (14.75 li.) - D. Side yard where there is no lancand where no attached garage is provided 3.0m (9x4 l.) 7. Rear yard 7.5m (21.61.) Notwithstanding these regulations, any requirements established pursuan to the Alberla Safery Codes der must he provided. - (vi) Minimum Lot Corcrage - Dwellings 23% - B. Accessory buildings 12°r - (b) Relating to Dupleves and Semi-detached Dwellings - (i) Minimum Lot Area for Dupleses 576m2 06200 sq. li) provided that the total door space ofthe mo dwelling units docs not excced 185,8 m(2000 sq. li.) - (ii) Minimum Lot Area for Semi-delached Duellings 13. 668.0m1" (7190 sg. 1i.) in all other situations - A. 743.0m (7997 sy. li) it a corner lon - (iii) Minimum floor Arca 55.7m1 (600 sg. De) per dwelling unit - (iv) Minimum Yard Requiremens tho same as for single family dwellings - (V) Afinimum Lot C'overage 35"" - (C) Relating 1o All other Uses - (i) All regulations shalt be as required by the Development Authority - (c) Relating 1o All Uses - (i) Maximum Lot C'overage 35", - (ii) Design. Character and Appearance of Buiklings: - A. Buildings may be either of new construction or moved in. Exterior finish to be wood, metal or similar siding, brick or stucco to the satisfaction of the Development Authority. - B. All modular dwellings shall be factory built or of a quality equivalent thereto with walls of pre-finished siding, stucco, brick or equivalent, as required bythe Development Authority. Solid foolings and a concrete or wood block foundation, wall or skirting shall be provided so that the appearance, design and construction compliment the modular dwelling. 3. (. All accessory structures such as patios, porches, additions, skirting and storage facilitics attached to a modular dwelling shall be factory pre-labricated units, or ofa quality equivalent thereto, so that the appearance, design and construction will compliment the modular delling. 4. (Hi) (ther Requirements: 5. Every fence enclosing an outdoor swimming pool or hot lub exceeding 0.9 m (3 lt.) in depth shall be at least 1.7 m (5.6 ft.) in height and shall designed so as to try to deter children Gom climbing over or cravling through or under it to gain access. Gates in the fence shall be the same height as the fence and shall beequipped with a selflaching device localed on the inside of the fence. - B. The maximum height of any building shall be 10 m (32.8 0). ## 9.3 R3 - Moderate Density Residential District - (1) Cieneral Purpose The general purpose ofthis District is to allow the desclopment of'a mixture of residential uses at an overall moderate density. with the derclopment. including its design. being entirely at the discretion ofthe Donclopment Authority - (21 Permitted Uses None - (3) Discretionary Uses - (a) Apartments - (1) Be and breakfast establishments - (C) Day homes - (0) Duplexes - (c) Family care facilities - (. 1) Major and minor home occupations - 1g Parks. playgrounds and similar recreational uses - (h1) Public or quasi-public uses - Public milities, not including an enclosed buikling - (k) Row housing - Religious assemblies - (1) Secondary suites - (131) Semi-detached dwellings - (11) Show homes - (0) Solar energy collection systems - (p) Buiklings and uses accessory to discretionary uses ## (-1) Requirements - (a) Relating to Single Family Dwellings - (i) Minimum 101 Area 1640m (1001 s. li) - (ii) Minimum Lot Width 11.$m (37 fi) - (iii) Desclopment on existing substandard lots may be considered by tho Derelopment Authority. Compliance with prosincial plumbing. drainage and health Regulations will be required. - (iv) Minimum Floor Area - A. One storey buildings 74.0m (796.5 sq. l.) - (. Two storey buildings 111 m' (1195 sq. li) - B. One and one-half storcy buildings - 92.0m° (990 su. l.) - (V) Minimum Yard Requirements - A. Front yard - 7.5 m (24.6 ft.) - B. Except as noted below, side yard - 10% of the lot width - (. Side yard abutting a road in the case of a corner lot - 4.5 m - D. Side yard where there is no land and where no attached garage is provided - 3.0m (9.8+ l.) - Rear yard - 7.5 m (24.6 l.) Notwithstanding these regulations, any requirements established pursuant to the Alberta Safety Codes Act must be provided - (vi) Minimum Lot Coverage - A Disellings 23%% - Accessory buildings - 12° ## (b) Relating to Duplexes and Semi-detached Dwellings - (i) Minimum Lot Area for Duplexes - 576 m* (6200 sq. (.) provided that the total floor space of the two dwelling units does not execed 185.8 m° (2000 sq. l) - (ii) Minimum Lot Area for Semi detached Dwellings - 668.0 m' (7190 sy. fl.) in all other situations - 743.0m (7997 sy. N.) if a comer lot - (iii) Minimum Floor Area 55.7m (600 sq. A.) per delling unit - (iv) Minimum Yard Requirements . te same as for single family direllings - (V) Minimum Lot Coverage -- 35 ## (c) Relating to Row Housing - (i) Minimum Lot Requirements for Row Housing - at the discretion of the Development Authorily, who shall have regard for the amenities of the neighbourhood in which the site is located, and all other requirements of this section. - (ii) Maximum density - 40 dwelling units per ha (16 per ac.) - (iii) Minimum Yard Requirements - A Front yard 7.5m (24.6 fi.) - B. except as noed below, side yard the greater of 10% of the lot with or 3.0 m (9.81 fi.) - Side yard aborting a road in the case ol'a comer lot 4.5 m (14.75 ll.) - 1). Side yard where there isno lane and where no attached garage is provided 30m (9.84 n.) - Rear yard - 7.5 m (24.6 li.) - (iv) Each dwelling unit shall have an outdoor living arca immodiately alfacent to it and accessible do it via an entranceway. The minimum depth of this area shall be 7.5 m (21.6 d.). Within this area, there shall be a privacy zone measuring a minimum of 4.5 m (1-4.75 li) in depth. contained by a fence with a minimum height of 1.5 m (5 ll) - (d) Kelalng to Apartments - (i) Maximum density - 85 delling units per ha (34 per ac.) - (ii) Minimum Lot dca 800m 86l1 sy. i - (iii) Maximum Building Height 11.0m (30 l.) - (iv) Maximum Lot Coverage - 30" - (1) Maximum Hoor Area Ratio - 0.60 - (vi) Minimum Yard Requiremens - A. Front yard - 9.1 m (30 l.) - B. The greater of t0% ofthe building height or 15% of the lot with - (. Rear yard 9.1m (30 li.) - (vii) A minimum of 10°0 ofthe lot area shall be landscaped to the satisfaction ofthe Development Authority - (viii) Each development shall provide, outside ofrequired side yards. landscaped arco on the basis of the following formula: - A. for each bachelor celling unit - 18.5 m' (200 su. l.) - B3. For each one bedroom dwelling unie 28.0 m (300 so. (.) - 1). For each darelling unit with three or more bedrooms 2.3.0111 (1000 sc. lt.) - (. For cach two bedroom dwelling unic 70m' (750 sq. .) ## (0) Relating 1o All other Uses - All regulations shall be as required by the Development Authority ## (1) Relating 10 All Uses - (i) Design, C'haracter and Appearance of Buildings: - The design characteristics of the overall development. including landscaping, driveway patter, and the spatial relationship of the various uses on a lot shall be to the satisfaction of the Development Authority. - B. All modular dwellings shall be factory built or of a quality equivalent thereto with walls of pre-finished siding, stucco, brick, or equivalent, as required by the Development Authority Solid footings and a concrete or wood block foundation, wall « skirting shall bo provided so that the appearance, design and construction compliment the modular dwelling - (. All accessory structures such as patios, porches, additions. skirting and storage facilities attached to a modular dwelling shall be lactory pro-fabricaled units, orofa quality equivalen thereto, so that the appoarance, design and construction will compliment the mudular evelling. ## (iii) Other Requirements: - Every fence enclosing an outdoor swimming pool or hot lub excceding 0.9 m (3 1) in depth shall be at least 1.7 m (5.6 (.) in height and shall designed so as to try to deter children from climbing over or crassling through or under it to gain access. Cates in the fence shall be the same height as the fence and shall be cquipped with a self latching device located on the inside of the fence. - B. The maximum height of any building shall be 10 m (32.8 0). ## 9.4 RMH1 - Residential Manufacture Home Subdivision District ## 11) Cieneral Purpose The general purpose ofthis District is do allon the deselopment of manufactured home subdivisions, in which cach manulactured home is located on a separate lot. ## (2) Permitted Uses - (a) Manufactured homes 10 years or less in age at the time of development permit application - (b) Minor home occupations - (c) Parks, playgrounds and similar recreational uses - (c) Buiklings and uses accessory to permitted uses - (d) Public utilities, not including an enclosed buikling ## (3) Discretionany Uses - (il) Bed and breakfast establishments - (b) Day homes - (c) Family care facilities - ((1) Major home occupations - (1) Publie or quasi-public uscs - (0) Manufactured homes older than 10 years in age al the time of development permit application - (g) Religious assemblies - (lE) Secondary suites - (i) Show homes - (1) Single family dwellings - (1) Buildings and uses accessory do discretionary uses - (K) Solar energy collection systems ## (-) keyunrements - (a) Minimum Lot Area - (i) For manufactured homes and single family cellings 4610m° (4991 54. 1i.) - (ii) Forall other oses -as required by the Desclopment Authority - (b) Minimum Lod Width - (i) For manufactured homes and single family dollings - 15.2 m (49.9 (.) - (ii) Forall other uses cas required bythe Desclopment Authority - (c) Minimum Hoor Area (not including any attached porches) - (i) For manufactured homes and single family dwellings - 55.0m? (592 sq. fl.) - (ii) Forall otheruses - as required by the Development Authority - (cl) Maximum Height of Buildings - For manufactured homes and single family cellings 4.6m (15.1 11) - For accessory buildings - 4.6 m (15.1 fl.) - (ili) Forall other buildings · as allowed by the Development Authority - (c) Maximum Lot Coverage - For manulactured homes and single lamily dwellings - 23% - (ii) Foraccessory buildings - 12% - (iii) Forall other buildings as allowed by the Development Authorily - (1) Minimum Yard Requirements - (1) From yard 4.5 m (14.75 ll.) - (iii) Side yard abutting a road in the case of'a comer lot - 4.5 m (14.75 ll.) - (ii) Except as noted below, side yard - 3.0 m (9.84 0) - (iv) Rear yard - A. Interior lot - 6.00 m (20 N.) - B. Corner Lor - 4.5 m (14.75 f.) Notwithstanding these regulations, any requirements established pursuant to the Alberta Safery Codes Act must he provided. - (g) Design, Character and Appearance of Buildings: - Buikdings may be cither ofner construction or moved in. Exterior finish to be wood, metal or similar siding, brick or stucco to the satistaction of the Development Authorily. - (ii) AlI dwellings shall be factory built or of'a quality equivalent thereto with walls of pre-linished siding, stucco, brick, or cquivalent, as required by the Derelopment Authority. Solid footings and a concrete orwood block foundation, wall or skirting shall be provided so that the appearance, design and construction compliment the dwelling. - (iii) All accessory structures such as patios, porches, additions, skirting and storage facilities attached to a dwelling shall be factory pre-fabricated units, or ofa quality cquivalent thereto, so that the appearance, design and construction will compliment the modular dwelling. - (iN) The undercarriage ofcach manufactured home shall be screoned from dest byskirting or such other means satisfactory to the Development Authority: - th) Cher Requirements: - (1) Perory fence enclosing i budden soimming pood or hot tub creceding " 1(3 l.) in depth shall be at least 1.7 m (5.6 lt.) in boight and shall designed so is to try to deter children from climbing over or crawling through oronder it to gain access. Ciates in the fonce shall bo the same bright as the fence and shall be cquippod with a self-latching device located on the inside of'the fence. ## 9.5 RMHP - Manufactured Home Park District ## (1) Cieneral Purposc The general purpose ofthis District is to provide for the development of manufactured homo parks where stalls are provided on a rental basis. ## (2) Permitted Uses - (a) Manufactured homes which are both - (1) within a manufactured homo park for which a desclopment permit has been approved. and - (ii) 10 years or less in age at the time of derelopment permit application - (c) Parks, playgrounds and similar recreational uxes - (b) Minor home occupations - (11) Public utilities, not including an enclosed building - (c) Buikdings and uses accessory do permitted uses ## (3) Discretionary Uses - (a) Day hones - (b) Major home occupations - (C) Manufactured homes other than those described in Section 9.5(2)(a) above - (11) Manufactured home parks - (C) Public or quasi-public uses - (1) Shows homes - (g) Solar energy collection systems - (h) Uses directly related to the convenience ofthe manofactured home park residents or management - (i) Buildings and uses accessory to discretionary uses ## (4) Requiremenis - (a) Minimum Stall Area 165m (5005 sy. lt.) - (b) Minimum Stall Width 1500m (49.2 1) - (c) Minimum lotarea sire for a manufactured home park 2 ha (5 ac.) - (d) Maximum area coverago for manufactured home and accessory buildings on a stall 10°0 - (c) Maximum Density 20) manufactured homes per ha (8 per ac.) - (1) Minimum Yards for a Manufactured Home Park: - (i) Front 7.0m (25 f.) - (ii) Side adjacent to a road - 7.0 m (25. lt.) - (111) Norwichstanding these regulations, any reyuirements cstablished pursuant lo the Aborta Satens Codes det must he provided - Setback Repuirements for Manolacted Homes withind Manuctured Home Stall - (1) Fontseback don an intenal roadwas on porking arca 3.7 m (13 li.). - (i1) Vamulectural bomes melling adached suctes shall be at toast ASSIST tronans manufactured home. including any allached ditcares copermanen pook sectores located directly on the opposte - Minueen Side Serbak Normanufactured home shall be locied within 15m (15 0) ol another and no portion o'a manathctured home or accessory huikling shall be placed chosen than Lames do logside lind. No manufactured homes shall be permitted within a block of parcelseesigned or - designated for zero lon line placemen. - risy Mimmem rear clack 23m17511 - 15) Manufactured Home Park Requirents - (a) Storage. - (1) Communales indisidoal sonage arcas for behicles, decrcation sehicles. Valoreath, and other dens that cannot bo stored on a manufactured hernestalk baldbepros ided it a tale pat lease 186m' 0220 sq. 1) ot solarge ancie por mandactured home salt - Fre Denelopment dathority may doguire that a storage area be enclosed or sorcened botrees damscano features or fences or a combination hercetto the satisfaction ofthe Deselopmen Authority: - (HI) No schide greater than "m d30 de) in length may be parked on a manufactured home stalk or manufacted bome park street. - (i1) Vol more than one rectation vehicle en trailer may be parked on a manufacted home vall - (b) Visitors Ol-Shed Parking: Im addition to the parking roquirements articulated in this Bylan, one (1) parking stall for erery fire (5) manufactured home salls shall be provided in the manufactured home park, as common parking for guests or as required by the Derelopment Authonly. - (c) Open Space: minimum oftop othe gross park area shall be set aside as common open space recrcation arca and no portion of any manolactured home stall shall be included in this open spacc All utility lines shall be placcd underground on as stipulated in a desclopment - (ch Virilitics: agreement - (cl Appomance: - All accessors stuctures such as patios, porches, inditions. skirting and storage facilities shall be factory pre-dubricated units, orof a quality cynisaten thereto, so that the appearance, design and construction will compliment the mamalactured home - (ii) 1he undercariage of cach manufactured bome shall be sercencd from vie baskinting orsuch other means satisfactory tothe Development Authorits. - (iii) Outdoor lighting shall be of a design and appearance satislackory to the Development Authorily. - (iv) All areas of manufactured home park not des cloped or occupicd by park roads. walkoars, driveways, parking aprons, burldings. communal storage areas, orother des cloped facilities shall be grassed and landscaped. - (N) Fences and Screching: The manufactured home park shall be sereoned from view with a vegetated butter strip of a minimum of0m 630 B) and or other serconing of'a visually pleasing nature as required by the Development Authority - (g) Butter  A landscaped butter of nod loss than 10m d33 flora midth satisfactory to the Desclopmen Authority shall be proside mound de perimeter of the manulactured home park. - (1) des clopment perat shall pod be issued for a mandactured home pisth anal the Development Anthony basreccised assurance ton appropine anhorities indicating that the proposed sen age disposal system has been apprened. 2. (i) elegate on-site recreation areas such as playgrounds and too hots may be required it decmed appropriate: 3. (iii). I acadsia manuactured home park sball be sontaced, and well drained and maintained to the satisfaction ofthe Developmen uhosits Minimum dising face width shall be 73m 124 l.). 4. A panks shall be pos bleed with safe, consensent, all-scason pedevim access olar leave COmes 25 demidin for intended use beliscen indisidoal mamalacture homes the park street and all community facilitics prosided to park residents 5. The design donamodened home ponds shall bedo the ballistacion vibe Developmen Authorin 6. A manicipad eilines shall boprobled underground to salls in a manolachmed home park. 7. (rin) Tepan orthe park shall be asce for mon resential pooposes creepy sucases is are required forthe direct servicing and sell being oddhe ponk residents and fin the management and mamlename of the park. 8. erikamalactured bome park focalides shall be arranged to create a homelike atmosphere. This obicctise is achieved be sariations in sleet patter, block shapes and location of'mandacred home 9. (is) Back manutacured home salt shall be clears marked offby means of stakes, counterank seed posts, fences, curbsen hodges. 10. (N) Only one main, dice-standing, identification sign of resalential character and appearance shall be creded at the entrance 1o a manufactuce home park unless the Desclopment Authority is of the opinion that a further and similar sign shall be allowed under deceptional circumstances involsing the layout. location and sire ofthe park in relation to the samounding arcas. The sign or signs shall be ola size. type and construction accoptable to the Disclopment Authority. - (NI) Dircotional signs within the manufactured home park must be infograted in design and appearance, bo kept in scale with the immediale surroundings and constructed of durable material. - (vii) Manulactorce homes sball be soparated from cach other he at least 6m (195 0) side to side - AND Norsidhstanding any other pressisions of this Balan to the contrary, manufactured homes shall not be placed "sideways" on a lodessith their longer dimension (length) parallel or nearly parallel do the bond line. unless the lot wadth escocds 15.00 m (147.6 11). ## 9.6 C1 - Downtown Commercial District - Cieneral Pupose The general perpose otis Disenet is do proside ton a bide bario ofcommercial uses within the Village's dossosn core ## (21 Permitelle - (al) Bassiness suppos services establishmes - (h) Pating and dinking establishments - (() Cicneral rotat cablishanonis - (11) Citernment services - (c) - (1) Holch - (g) Houscodd repair sorsices - (h1) Indeon amasement establishments - (1) Tabasses and eurat chilis - (1) - (k) l'ersonal service shops - (1) Barildings maderes accessons toponnuler uses ## 131 Discretions l ses - (al) ductioncerng establements - (c) Automorise and ecercational schiele sales remals establishments - (h) Automotise and cquipmene repair shops - (dl) Bis depoli - (c) Nas care taclilies - 11) Prise in businesses - ( 2) Interainment establishments - (h) Funipmens renad establishments - (1) - (|) (ilconhonses - ıkl Institutional uses - Intensite recreation - (111) limited contact sorieus - (11) Liquor sures - (0) Matchs - (p) Oukoon amusement eslabhstanents - (4) Parking lors - (1) - (s) Protectise and emergeney serices - (11) Public or quasi-public usen - (1) Public en quasi-publie buikdings - (1) l'ublic parks - (11) l'ubhe militics - (1) Pubic ultity butkiings - (1) Religious assemblies - (1) Senion citizens drop in centres 4. (an) Service stations 5. (ab) Surveillance suite (masimum of onc per lot) 6. (ac) Vehicle repair estahlistments 7. (alch) V'elcrimary clinics 8. (ic) Warchouse sales establishments 9. (al) Derellings within buildings in which the predominand use is ond or more of the abose-listed permitted or discretionary uses, provided. honorer, that the dwellings have direct access do the outside of the building 10. (all) Bankings and uses accessory to discretionans uses 11. (ag) (other ases which are, in the opinion ofthe Development Authority, similar to the abore-listed permitted and discretionary uscs ## (1) Requirements - (a) Minimum Nca Nca 100m sg. 1) - (h) Minamum los Wide 15m (1175 g) - (c) Minimum Yard Requirements - (1) Tronetard None. escope shere the Desclopmen Authority may logare it setback in order forcemen with evisting adjacent denclopmen - (ii) Side yard - bEthe subject lodis bounded on both sides by land cliessifice « l. moside dard shall be required. - bethe subject los is borderced be a lot in a Residential District. the minimum side band required shall bo m (1.9 B) - When a side dand is proided it shall not be less than 7.5 m (216 l) - (cl) Mirsimum Lod Corerage sO"». prosided that provision has been made for on-site parking, loading, sorage and Maste disposal to the saisfaction of the Derelopment Authority. - (c) Nodes clopment shalt be allowed that will. in any way and in the sole opinion «the Desclopment Authori. become obnosious by was of noise. adour. dust. or tunes. - (1) Designed baracterand Appearance of Buildings: - (1) Buikdings may he cither of new construction or mosed in. lesteror finish to be wood metal or simplar sading. brick or stucco do the satisfaction of the Des clopment Amhority 2. All accessory structures ball be lactors pre-labricated units. or ofa quality cquisalent thereto, so that the appearance, design andl consanelon will complament the mun barkdg ## 9.7 C2.. General Commercial District - (1) Cieneral Purpose The general purpose ofthis District is toadlen forawide daniels of commercial uses ishich are somen hat more land enfensive. - (2) Penmitted Uscs 2. (a) Light industriad uses relating to a Madesperson 3. (b) (lice uses 4. (C) Buiklings and uses accessors to pennilled uses ## (3) Discretionary Lises - (a) Auctioncoring establishmens - (b) Automotise and crippone repair shops - -(c) dulomonse and rechentional dolele sales bentals establishments - (el) Bulk luct sorage and sales - (c) Bus depor - (1) Dive-in businesses - (g) Interlainment establistments - (h) Fquipment rental establishments - (1) Polensise recrcation - (1) Cieneral contractor services - (k) Circenhouses - (1) Heady truck and aguipment snage - (111). Industrial behicle and equipment sales contal establishments - (11) Institutional usts - (0) Intensite recrcation - (p) limited contact sons ices - (4) - (1) Motels - (5) Calloon ammsement establishments - (1) Outcons storage - (11) Parking kos - (1) Pritate clubs - (11) l'rotectise and emergency services - (X) Publice quasi-public buildings - (y) Public or quasi-public uses - (1) Public parks - (ia) Public uilitics - (ab) Public utility buildings - (ile) Recreaional vehicle parks - (ad) Recreational vehicle storage - (ac) Reyeling depots - (al) Service stations - Stusculance suite (masimum of one per loo - (an) Vehicle repair establishments - (ah) Trucking and cantage establishments - (al) Veterinars clinics - (ak) Warehouse sales evablishments - (ill) Otherases which are, in the opinion of the Desclopment dehonds, similr to theatose-listed permined and discchonans uses - Bankings andeses accessory to deeredionan uses - (a) Minimum to red 3m 02500 s4 D) - Minimom let Wide 762m 025 li - (cl Minim Sand Requirement - (1) Fond sand None. decept ahore the Desclopment Amhority mas require a setback in order do conform with esisting adjacent deselopment - (11) Siles l - The subject dod is bounded on bond sides by land classified el · ?. no side yard shall be requined - When a side gard is pron ided. it shalt pod be less than 7.5m (216 li) - lithesubject lodis bordered byca lot in a Residental Disinet. the minimum side bard required shall bo 1.5 11 (09 l - Marian doddecage so prosided that prodision has been made for disite parking. loading, sobage and Maste disposal do the satisfaction of the Derelopment Authonly. - (cl Voderdlopmend ball be allon del that will. in any way and in the sole opanon al the Deselopmen duthority: become obnosions be pay of noise. odom. dust. or lanes, - (0) Designed haracerand Appenance of Building». - (1) Baldings may be either diness consuction or mosed in losteror tinish to be word metal on similar siding. brick or alacen to the satisfaction ofthe Desclopment Authorits - (iN) Alaccessory structores shalt be factors pro-fabricated units. or ofa quality cynivalent thereto,so that the appomance. deven and construction will compliment the main building. ## 9.8 M1 .. Industrial District - (1) General Purpose The general purpose ofthis District is to provide for industrial actisities in the Village, No industrial development shall take place which may bose a detamental effect on the mancipality on its cnironment ## (2) Permilled L'ses - (a) Light indastrial uses - (b) limited contractor services - (c) (lice uses - (‹1) Protectise and emergency services - () Public or quasi public uses - (c) Public or quasi-public buildings - (g) Buikdings and uses accessors to pemiled nes - 13) Discretionary Uses - (il) Agriculumal industes - (h) Bulk fuel storage and sales - (5) Drive-in businesses, bat not incheding daise-in desaurants - (d) Tapipment schicle rentals - (c) Equipment rental establishments - (N) Heavy truck and equipment storage - (g) Industral rehicle and compment sales tonals establisments - (h) (illickd and gas field sericing - (1) Pipe and cquipment storage yards - (1) Outdoor storage - (k) Salvage yards and on anto wreckers - (1) Serage lagoons and other sonage broament facilities - (11) V'ehicle repair establishments - (111) Surveillance suite (masimom of one per lol) - (0) Coheruses which are, in the opinion ofthe Desclopment Authority, similar fo the abode-lister permitted and discretionary uses - (1) Buiklings and uses arcessory to discretionans tics ## (1) Requirements - (a) Minimum Lot Area as required by the Deselopment Amhority - (h) Mininuum Yards: - (i) Fond 90m (2%5 B) or as required by the Derclopment Authority: - (ii) Side 15m 6181l orasrequired by the Desclopment Authority: - Rear )0me5 doloras required byde Desclopment ## 9.9 P- Community District ## (1) Cieneral Purpose The general perpose ofthis District is to allow theese of land for service. mainly of a public nature, which has a primary orientation to the community, Dand within the l District must be ounce by the municipalic orpher goremment. or will be so anned within six months of being so designated ## (2) Pemaled Loses - (il) INensive recreation - (b) Natural teas - (C) Public parkis - (0) Buikdngs and bes accessor do pomitted uses ## (3) Discretionary l ses - (it) Publice quasi public bukdings - (h) Public or quasi public uses - (c) Public utilities - (c) Cilice tses solelatein the opinion ofthe Desclopment Authority, similar to the abone-listed permitted and discretionary ases - (C) Buildings and uses accessory to discretionary uses ## 11) Requirements All requirements sbalt beas degured be the Desclopment Anthonn. ## 9.10 I. Institutional District - 11 Cienerd Purpose The general porpose elthis Disces to condol the des clopment of public and quasi- public buildings andases, including decreational facilities within hamlets. - (a) Nas care facilities - (hi Ciotemmend sonices - (c) (iroup hones - (el) Health services - (c) Institutional uses - 11) - (flice lies - Protective and emergency services - l'ublic education facilities - Pubic or quasi public buildings - (k) Public a quasi public uses - (1) Public parks - (m) Recreational uses - {11) Religions assembl - Buikdings and uses accesson to penniled uses - (11) Senior enizens homes and similar des clopments ## 13) Decay Les - (a) ( cincterics - (1)) Intensite recication - (cl Private chul - (il) theadame-listed permitted and discretiona uses - (c) Buildings amdases accessors to discretionary does ## (1) Requirements - (1) All senior citizens homes and similar deselopments shall be deseloped in iscordance with the regunements forapanmens inthe RA Disne 2. (b) All other des clopment shall be descoped in accordance with requirements as detenmined by the Deselopment Aunts ## 9.11 UR - Urban Reserve District - (1) General Purpose The general purpose ofthis Disinct is foresense lands for future community grow ch and derelopnient. - (2) Permitted Lises 2. (a) Elensive agriculture 3. (b) Buildings and uses accessory to pommitted uses - (3) Discretionary Uses 5. (a) Idensive recreation 6. (b) Intensise agriculture. bot not inchading kemels 7. (C) Parks and playgrounds 8. (cl) Public on quasi-public buiklugs 9. (c) Public or quasi-public uses - (1) Public utilities 11. (g) Any temporary ascen barkling which, in the opinion ofthe Desclopment Authority, will not prejudice the possibility of conveniently and economically re-subaliidingen descloping the area in the future at urban densities 12. (h1) (cher uses alich are, in the opinion ofthe Development Authority, similar 1o the ahore-listed permitted and discretionary uses - (1) Buildings and uses accessory to discretionary uses ## ( +) Requiremens - (al) The mininuam parcel area shali he Shad20ac, or asrequired be the Declopment Authority - (b) Minimum Yard Requirements: - (1) lond vard - 7.5m (24.611) - (11) Side yard - 7.5m1216 l) - Rear yard - 7.5m (21.6 l.) - (c) Thomasimam height of any building on stucture shall be 10 m (32.8 (.) - (d) Other Requirements; - (1) Edensive Agricultural uses shall not bo offensite in nature, and shall not include the breeding and raising of livestock ol'any kind. - (ii) Any permit issueat the discretion ofthe Desclopment Authority for a comporary use shall be for the period of up to a gear only, on for a specified length oftime to ensure that the use does not adversely affect future subdivision, servicing and urban deselopment of such lands. (  Applican doedend de domperry ese tor a ponod of'a scar mas be covidocd arthe discretion ofthe Derclopment uthorily   ## 10 Land Use District Map - R1 - Large Lot Residential - ARZ - Small Lot Residential - I R3-Moderale Density Residential - ARMHI Residential Manufactured Home Subdivision - BRMHP - Pesidential Manufactured Hone Pork - Le C1 - Downtown Commercial  I CZ - General Commercial - Industrial - institutional - Communily - JUR Urban Reserve Digital Care of acres Condo Matona Topological Seric; Giotore and Geogris & Altais Geratic coudinse polen and projection: COM NAD NAD Do Do: 70n 200 FOR MORE INTORMARON commend to #008, Asemue ArmeN Fomeniten AB 15S 165 1804861991  MPS  ## VILLAGE OF ANDREW ## BYLAW NO. 2013-03 A Bylaw ofthe Village of Andrew, in the Province of Alberta for the purposc of adopting a Land Use Bolaw for the Village of Andren. WHEREAS the Municipal Choremment Act R.S.A. 2000, as amended, requires the Council of municipality to enact a land use bylaw to regulate and control the use and development of land and buildings within the municipality: and WHEREAS the Council ofthe Village of Andrew deems it desirable, expedient and in the best interest ofthe Village oN Andrew to adopt a new land use bylan. NOW THEREFORE, the Council ofthe Village of Andrew, doly assembled cnacts as follows: - This new Bylaw may be cited as "The Village of Andrew Land Use Bylan" - The Land Use Bylaw ofthe Village of Andrew attached hereto as Schedule "A" 10) this Bylaw is hereby adopted 3. Bylaw No. 98-03 as amended, being the provious Land Use Bylaw of the Village o Andrew: is hereby repcaled. - This Bylas may be amended by Bylaw in accordance with the Municipal Cincomment Act. R.S.A., 2000. as amended. Tus Bylaw comes into elect upon the date ofthe final reading thercol. DONE AND PASSED asa Bylaw ortho Village of Andrew adthe Village of Andrew in the Province of Alberta this ad day of past A.I). 2013.    Dedon Fenie KLAD A HRST TIN dis 12 dayor. Jüne READA SECOND TIME dis 28 dynt August READ A THIRD TIME THIS 28 dayor August A.1.. 2013 A.I).. 2013 A.I).,2013