Land Use Bylaw No. 004-2019 (full bylaw, amended through Bylaw 004-2021)

Athabasca County, Alberta · No. 004-2019 · summary & facts

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ATHABASCA COUNTY LAND USE BYLAW August 2019 BYLAW No. 004-2019 Amended by Bylaws 002,003 & 005-2020 on February 11, 2020 Amended by Bylaw 004-2021 on March 9, 2021 i This page intentionally left blank. ii ACKNOWLEDGEMENTS MUNICIPAL PLANNING COMMISSION Doris Splane Chair, Municipal Planning Commission Councillor, Boyle Area Larry Armfelt Reeve, Athabasca County Northwest, Baptiste/Island Lake Travais Johnson Deputy Reeve, Athabasca County Grassland Area Warren Griffin Councillor, North of Athabasca River Dwayne Rawson Councillor, Rochester - Perryvale Denis Willcott Councillor, Colinton Area Christi Bilsky Councillor, Southwest Athabasca Kevin Haines Councillor, East Athabasca Penny Stewart Councillor, Wandering River Area PLANNING & DEVELOPMENT Ryan Maier Athabasca County Manager Shirley Moerman Director of Planning & Development Christa Wilkinson Development Officer Tara LeMessurier Planning Administrative Assistant Sara Webb Planning Administrative Assistant CONSULTING TEAM Jane Dauphinee Principal & Senior Planner Brad MacDonald Planner Kyle Miller Planner Allison Rosland Planner iii GUIDE TO USING THE LAND USE BYLAW The Athabasca County Land Use Bylaw establishes the regulations on how land can be developed (that is, how land can be used and buildings can be either constructed or moved in) in Athabasca County. Regulations vary depending on the location and types of development. Other bylaws or regulations of the County, Provincial Government, or Federal Government must also be followed. There are several parts of the Land Use Bylaw that need to be examined to understand how it works: The Land Use District Maps divides the County into various land use districts. The text of the Land Use Bylaw details the uses that are allowed in each land use district. Additional regulations are provided that apply to certain uses or land use districts. The following steps may assist the user: LOCATE the subject property on the Index Map to determine the corresponding Land Use Districts Map (Maps 1 to 6). These maps divide the County into various land use districts. Take note of which land use district the subject property is located in. Also note if the subject property is affected by an Area Structure Plan which may modify some of the uses and regulations of the Land Use Bylaw or impose additional regulations. PLEASE NOTE: Land use districts are often referred to as "Zones" or "Zoning." In order to conform to the language of the Municipal Government Act, this document uses the terms "district" and "districting." CHECK the table of contents and locate the land use district you are interested in. Each land use district is listed starting in Section 11. In each land use district you will find a list of permitted and discretionary uses, subdivision regulations, development regulations and other miscellaneous regulations. This determines how and what can be developed in any given land use district. There are definitions in Section 1.6 that should also be consulted to ensure that words and terms used in the Land Use Bylaw are understood. REVIEW the Table of Contents to see if there are any general regulations that apply to the situation or use in question. For example, Section 7 describes the Enforcement Procedure. Section 9 contains General Development Regulations affecting Corner & Double Fronting Lots, Site Grading & Drainage and Landscaping just to name a few. DISCUSS your proposal or concern with County Planning and Development staff. County staff are well trained and eager to assist you with your development, subdivision or general inquiry issues and to explain procedures. They can also assist with other situations such as enforcement or a Land Use Bylaw amendment. NOTE: THIS PAGE IS INTENDED ONLY TO ASSIST USERS AND DOES NOT FORM PART OF THIS BYLAW. 1 2 3 iv TABLE OF CONTENTS ACKNOWLEDGEMENTS ii GUIDE TO USING THE LAND USE BYLAW iii TABLE OF CONTENTS iv LIST OF FIGURES viii LIST OF TABLES viii 1 | INTRODUCTION 1 1.1 | TITLE 1 1.2 | PURPOSE 1 1.3 | REPEAL 1 1.4 | SEVERABILITY 1 1.5 | RULES OF INTERPRETATION 1 1.6 | DEFINITIONS 2 2 | AGENCIES 31 2.1 | DEVELOPMENT AUTHORITY 31 2.2 | DEVELOPMENT OFFICER 31 2.3 | MUNICIPAL PLANNING COMMISSION 31 2.4 | COUNCIL 32 2.5 | SUBDIVISION AUTHORITY 32 3 | DEVELOPMENT PERMITS, RULES, AND PROCEDURES 33 3.1 | CONTROL OF DEVELOPMENT 33 3.2 | DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT 33 3.3 | NON-CONFORMING BUILDINGS AND USES 35 3.4 | APPLICATION FOR DEVELOPMENT 35 3.5 | DEVELOPMENT PERMIT PROCESS 43 3.6 | VARIANCE PROVISIONS FOR DEVELOPMENT PERMITS 44 3.7 | DEVELOPMENT PERMIT CONDITIONS 45 3.8 | DEVELOPMENT PERMIT ISSUANCE AND NOTIFICATION 46 3.9 | SUSPENSION OF A DEVELOPMENT PERMIT 47 4 | SUBDIVISION OF LAND 48 4.1 | SUBDIVISION APPLICATION REQUIREMENTS 48 4.2 | SUBDIVISION PROCESS 49 4.3 | SUBDIVISION REQUIREMENTS & CONDITIONS 51 5 | REFERRAL OF APPLICATIONS 52 5.1 | APPROVING AUTHORITY 52 5.2 | HISTORICAL RESOURCES 52 5.3 | ALBERTA TRANSPORTATION 52 v 5.4 | ADJACENT MUNICIPALITIES 52 5.5 | DEVELOPMENT WITHIN KEY WILDLIFE AND BIODIVERSITY ZONES 52 5.6 | DEVELOPMENT WITHIN THE TAWATINAW RIVER CORRIDOR AND ATHABASCA RIVER CORRIDOR 52 5.7 | DEVELOPMENT IN PROXIMITY TO EXISTING CONFINED FEEDING OPERATIONS 52 6 | APPEAL PROCESS 53 6.1 | DEVELOPMENT APPEALS 53 6.2 | SUBDIVISION APPEALS 54 6.3 | APPEAL HEARINGS 54 6.4 | APPEAL DECISION 55 7 | STOP ORDERS AND ENFORCEMENT 57 7.1 | BYLAW ENFORCEMENT OFFICERS 57 7.2 | CONTRAVENTION AND PENALTIES 57 7.3 | STOP ORDERS 58 7.4 | INSPECTIONS 58 8 | BYLAW AMENDMENT PROCESS 59 8.1 | AMENDMENTS TO THE LAND USE BYLAW 59 8.2 | DUTY OF THE DEVELOPMENT OFFICER 60 8.3 | PUBLIC HEARING PROCESS 60 8.4 | LIMIT ON FREQUENCY OF APPLICATIONS 60 9 | GENERAL DEVELOPMENT REGULATIONS 61 9.1 | BUILDING EXTERIORS 61 9.2 | CONDOMINIUMS & MULTIPLE OWNERSHIP 61 9.3 | CONFINED FEEDING OPERATIONS 61 9.4 | CORNER & DOUBLE FRONTING LOTS 61 9.5 | CORNER SITE & SITE LINE PROTECTION IN THE RESIDENTIAL DISTRICTS 62 9.6 | DEVELOPERS RESPONSIBILITY 62 9.7 | DWELLING UNITS ON A PARCEL 63 9.8 | EASEMENTS 63 9.9 | ENVIRONMENTAL SCREENING 63 9.10 | EXISTING SUBSTANDARD LOT 63 9.11 | HAZARDOUS MATERIALS 64 9.12 | HISTORICAL AND ARCHAEOLOGICAL SITES 64 9.13 | LANDSCAPING 65 9.14 | LIGHTING AND SURVEILLANCE EQUIPMENT 65 9.15 | LOCATION OF BUILDINGS AND IMPROVEMENTS ADJACENT TO ROADS AND HIGHWAYS 66 9.16 | MUNICIPAL SERVICES/SANITARY FACILITIES 67 9.17 | OBJECTS PROHIBITED OR RESTRICTED IN YARDS WITHIN THE RESIDENTIAL DISTRICTS 67 9.18 | ON-SITE & OFF-SITE IMPROVEMENTS 67 9.19 | OFF-STREET LOADING 67 9.20 | OFF-STREET PARKING 68 9.21 | RELOCATION OF BUILDINGS 71 9.22 | SIGNS 71 9.23 | SITE GRADING & DRAINAGE 71 vi 9.24 | SITE CONDITIONS 72 9.25 | SOUR GAS FACILITIES 73 9.26 | STRIPPING, EXCAVATION, AND GRADING 74 9.27 | WELLS, PIPELINES AND SOUR GAS FACILITIES 74 10 | SPECIFIC USE REGULATIONS 75 10.1 | ACCESSORY BUILDINGS AND USES IN NON-RESIDENTIAL DISTRICTS 75 10.2 | ACCESSORY BUILDINGS IN THE HAMLET RESIDENTIAL (HR) DISTRICT, THE MANUFACTURED HOME PARK COMMUNITY (MHPC) DISTRICT AND IN THE COUNTRY RESIDENTIAL DISTRICTS 75 10.3 | ANIMAL BREEDING AND BOARDING FACILITY, ANIMAL SHELTER, PET SERVICES FACILITY, VETERINARY CLINIC AND VETERINARY HOSPITAL 76 10.4 | ANIMAL UNITS 77 10.5 | APIARIES 78 10.6 | ASSISTED LIVING FACILITY 79 10.7 | AUTO WRECKING AND SCRAP METAL YARD 79 10.8 | BED AND BREAKFAST ESTABLISHMENTS & GUEST RANCHES 80 10.9 | BOARDING HOUSE 80 10.10 | CAMPGROUNDS AND RECREATIONAL VEHICLE PARKS 81 10.11 | CANNABIS PRODUCTION AND DISTRIBUTION FACILITY 82 10.12 | CANNABIS RETAIL SALES 84 10.13 | COUNTRY INNS 85 10.14 | COUNTRY RESIDENTIAL SUBDIVISION - SINGLE LOT 85 10.15 | DRIVE-IN BUSINESS 85 10.16 | GROUP CARE FACILITIES, DAY HOMES AND CHILD CARE FACILITIES 86 10.17 | GUN RANGES 86 10.18 | HOME OFFICE AND HOME BUSINESSES (MAJOR & MINOR) 87 10.19 | INDUSTRIAL DEVELOPMENT 89 10.20 | INDUSTRIAL HEMP PRODUCTION FACILITY 89 10.21 | INTENSIVE AGRICULTURAL AND HORTICULTURAL USES 91 10.22 | MANUFACTURED DWELLINGS 91 10.23 | MANUFACTURED HOME PARKS 91 10.24 | MOTELS AND HOTELS 93 10.25 | NATURAL RESOURCE EXTRACTION AND PROCESSING 93 10.26 | OUTDOOR STORAGE 95 10.27 | RECREATIONAL VEHICLES 96 10.28 | RECREATIONAL VEHICLE STORAGE FACILITIES 96 10.29 | RECYCLING FACILITY 96 10.30 | SEA CANS 97 10.31 | SERVICE STATIONS AND GAS BARS 97 10.32 | SUITES AND GUEST HOUSES 98 10.33 | SOLAR ENERGY COLLECTION SYSTEMS & SOLAR FARMS 99 10.34 | WIND ENERGY CONVERSION SYSTEMS, LARGE 99 10.35 | WIND ENERGY CONVERSION SYSTEMS, MICRO 101 10.36 | WIND ENERGY CONVERSION SYSTEMS, SMALL 101 10.37 | WIRELESS COMMUNICATIONS FACILITIES 102 10.38 | WORK CAMPS 102 vii 11 | LAND USE DISTRICTS 104 11.1 | ESTABLISHMENT OF LAND USE DISTRICTS 104 11.2 | ESTABLISHMENT OF BOUNDARIES 104 11.3 | AGRICULTURE (A) DISTRICT 106 11.4 | CROWN LAND (CL) DISTRICT 109 11.5 | SPECIAL RECREATION (SR) DISTRICT 110 11.6 | COUNTRY RESIDENTIAL (CR1) DISTRICT 112 11.7 | COUNTRY RESIDENTIAL ESTATE (CR2) DISTRICT 114 11.8 | COUNTRY RESIDENTIAL LAKE (CR3) DISTRICT 116 11.9 | COUNTRY RESIDENTIAL CLUSTER (CR4) DISTRICT 118 11.10 | MANUFACTURED HOME PARK COMMUNITY (MHPC) DISTRICT 120 11.11 | HAMLET RESIDENTIAL (HR) DISTRICT 122 11.12 | HAMLET COMMERCIAL (C1) DISTRICT 125 11.13 | GENERAL COMMERCIAL (C2) DISTRICT 127 11.14 | HIGHWAY BUSINESS (C3) DISTRICT 129 11.15 | RECREATIONAL COMMERCIAL (C4) DISTRICT 131 11.16 | LIGHT INDUSTRIAL (M1) DISTRICT 133 11.17 | HEAVY INDUSTRIAL (M2) DISTRICT 135 11.18 | SPRUCE VALLEY HEAVY INDUSTRIAL (M3) DISTRICT 136 11.19 | SPRUCE VALLEY TRANSITIONAL INDUSTRIAL (M4) DISTRICT 138 11.20 | URBAN RESERVE (UR) DISTRICT 140 11.21 | DIRECT CONTROL (DC) DISTRICT 141 11.22 | CAMPGROUND COMMERCIAL (C5) DISTRICT 143 AIRPORT PROTECTION OVERLAY 146 12.1 | AIRPORT PROTECTION OVERLAY 146 13 | LAND USE DISTRICT MAPS 147 INDEX MAP 148 MAP 1 - LAND USE DISTRICTS 149 MAP 2 - LAND USE DISTRICTS 150 MAP 3 - LAND USE DISTRICTS 151 MAP 4 - LAND USE DISTRICTS 152 MAP 5 - LAND USE DISTRICTS 153 MAP 6 - LAND USE DISTRICTS IN HAMLETS 154 viii LIST OF FIGURES FIGURE 1: ADJACENT LAND EXAMPLES 3 FIGURE 2: BUILDING HEIGHT 6 FIGURE 3: CANNABIS 6 FIGURE 4: CANNABIS PRODUCTION AND DISTRIBUTION FACILITY 7 FIGURE 5: CANNABIS RETAIL SALES 7 FIGURE 6: DWELLING UNITS 10 FIGURE 7: ESTABLISHED GRADE 11 FIGURE 8: LOT TYPES 16 FIGURE 9: MIXED USE DEVELOPMENT 18 FIGURE 10: SEA CAN 23 FIGURE 11: SETBACK EXAMPLES 24 FIGURE 12: SIGN EXAMPLES 25 FIGURE 13: SUITE EXAMPLES 26 FIGURE 14: EXAMPLES OF YARDS 61 FIGURE 15: PROJECTIONS INTO SIDE YARDS 62 FIGURE 16: CORNER SITE SETBACKS 62 FIGURE 17: LOCATION OF BUILDINGS ADJACENT TO ROADS AND HIGHWAYS 66 FIGURE 18: PARKING STALL AND AISLE REQUIREMENTS 69 FIGURE 19: SITING REQUIREMENTS FOR ACCESSORY BUILDINGS 75 LIST OF TABLES TABLE 1: DWELLING UNITY DENSITY 63 TABLE 2: MINIMUM PARKING LOT DIMENSIONS 68 TABLE 3: MINIMUM REQUIRED PARKING 70 TABLE 4: RECREATIONAL VEHICLE AND PARK MODEL STALL DESIGN 81 TABLE 5: RECREATIONAL VEHICLE AND PARK MODEL DEVELOPMENT REGULATIONS 81 TABLE 6: DRIVE-IN BUSINESS 85 TABLE 7: REQUIREMENTS FOR HOME OFFICES AND HOME BUSINESSES 89 TABLE 8: MOTEL AND HOTEL REGULATIONS 93 TABLE 9: MAXIMUM RECREATIONAL VEHICLE DENSITY 96 TABLE 10: SUITE AND GUEST HOUSE REQUIREMENTS 98 TABLE 11: SUITE AND GUEST HOUSE DENSITY REQUIREMENTS 99 TABLE 12: LAND USE DISTRICTS 104