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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
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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
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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.
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TABLE OF CONTENTS
ACKNOWLEDGEMENTS
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GUIDE TO USING THE LAND USE BYLAW
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TABLE OF CONTENTS
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LIST OF FIGURES
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LIST OF TABLES
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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
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3.7 | DEVELOPMENT PERMIT CONDITIONS
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3.8 | DEVELOPMENT PERMIT ISSUANCE AND NOTIFICATION
46
3.9 | SUSPENSION OF A DEVELOPMENT PERMIT
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4 | SUBDIVISION OF LAND
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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
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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
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7.1 | BYLAW ENFORCEMENT OFFICERS
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7.2 | CONTRAVENTION AND PENALTIES
57
7.3 | STOP ORDERS
58
7.4 | INSPECTIONS
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8 | BYLAW AMENDMENT PROCESS
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8.1 | AMENDMENTS TO THE LAND USE BYLAW
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8.2 | DUTY OF THE DEVELOPMENT OFFICER
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8.3 | PUBLIC HEARING PROCESS
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8.4 | LIMIT ON FREQUENCY OF APPLICATIONS
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9 | GENERAL DEVELOPMENT REGULATIONS
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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
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9.24 | SITE CONDITIONS
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9.25 | SOUR GAS FACILITIES
73
9.26 | STRIPPING, EXCAVATION, AND GRADING
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9.27 | WELLS, PIPELINES AND SOUR GAS FACILITIES
74
10 | SPECIFIC USE REGULATIONS
75
10.1 | ACCESSORY BUILDINGS AND USES IN NON-RESIDENTIAL DISTRICTS
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10.2 | ACCESSORY BUILDINGS IN THE HAMLET RESIDENTIAL (HR) DISTRICT, THE MANUFACTURED HOME PARK COMMUNITY
(MHPC) DISTRICT AND IN THE COUNTRY RESIDENTIAL DISTRICTS
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10.3 | ANIMAL BREEDING AND BOARDING FACILITY, ANIMAL SHELTER, PET SERVICES FACILITY, VETERINARY CLINIC AND
VETERINARY HOSPITAL
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10.4 | ANIMAL UNITS
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10.5 | APIARIES
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10.6 | ASSISTED LIVING FACILITY
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10.7 | AUTO WRECKING AND SCRAP METAL YARD
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10.8 | BED AND BREAKFAST ESTABLISHMENTS & GUEST RANCHES
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10.9 | BOARDING HOUSE
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10.10 | CAMPGROUNDS AND RECREATIONAL VEHICLE PARKS
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10.11 | CANNABIS PRODUCTION AND DISTRIBUTION FACILITY
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10.12 | CANNABIS RETAIL SALES
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10.13 | COUNTRY INNS
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10.14 | COUNTRY RESIDENTIAL SUBDIVISION - SINGLE LOT
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10.15 | DRIVE-IN BUSINESS
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10.16 | GROUP CARE FACILITIES, DAY HOMES AND CHILD CARE FACILITIES
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10.17 | GUN RANGES
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10.18 | HOME OFFICE AND HOME BUSINESSES (MAJOR & MINOR)
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10.19 | INDUSTRIAL DEVELOPMENT
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10.20 | INDUSTRIAL HEMP PRODUCTION FACILITY
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10.21 | INTENSIVE AGRICULTURAL AND HORTICULTURAL USES
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10.22 | MANUFACTURED DWELLINGS
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10.23 | MANUFACTURED HOME PARKS
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10.24 | MOTELS AND HOTELS
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10.25 | NATURAL RESOURCE EXTRACTION AND PROCESSING
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10.26 | OUTDOOR STORAGE
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10.27 | RECREATIONAL VEHICLES
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10.28 | RECREATIONAL VEHICLE STORAGE FACILITIES
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10.29 | RECYCLING FACILITY
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10.30 | SEA CANS
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10.31 | SERVICE STATIONS AND GAS BARS
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10.32 | SUITES AND GUEST HOUSES
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10.33 | SOLAR ENERGY COLLECTION SYSTEMS & SOLAR FARMS
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10.34 | WIND ENERGY CONVERSION SYSTEMS, LARGE
99
10.35 | WIND ENERGY CONVERSION SYSTEMS, MICRO
101
10.36 | WIND ENERGY CONVERSION SYSTEMS, SMALL
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10.37 | WIRELESS COMMUNICATIONS FACILITIES
102
10.38 | WORK CAMPS
102
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11 | LAND USE DISTRICTS
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11.1 | ESTABLISHMENT OF LAND USE DISTRICTS
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11.2 | ESTABLISHMENT OF BOUNDARIES
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11.3 | AGRICULTURE (A) DISTRICT
106
11.4 | CROWN LAND (CL) DISTRICT
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11.5 | SPECIAL RECREATION (SR) DISTRICT
110
11.6 | COUNTRY RESIDENTIAL (CR1) DISTRICT
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11.7 | COUNTRY RESIDENTIAL ESTATE (CR2) DISTRICT
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11.8 | COUNTRY RESIDENTIAL LAKE (CR3) DISTRICT
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11.9 | COUNTRY RESIDENTIAL CLUSTER (CR4) DISTRICT
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11.10 | MANUFACTURED HOME PARK COMMUNITY (MHPC) DISTRICT
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11.11 | HAMLET RESIDENTIAL (HR) DISTRICT
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11.12 | HAMLET COMMERCIAL (C1) DISTRICT
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11.13 | GENERAL COMMERCIAL (C2) DISTRICT
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11.14 | HIGHWAY BUSINESS (C3) DISTRICT
129
11.15 | RECREATIONAL COMMERCIAL (C4) DISTRICT
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11.16 | LIGHT INDUSTRIAL (M1) DISTRICT
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11.17 | HEAVY INDUSTRIAL (M2) DISTRICT
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11.18 | SPRUCE VALLEY HEAVY INDUSTRIAL (M3) DISTRICT
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11.19 | SPRUCE VALLEY TRANSITIONAL INDUSTRIAL (M4) DISTRICT
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11.20 | URBAN RESERVE (UR) DISTRICT
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11.21 | DIRECT CONTROL (DC) DISTRICT
141
11.22 | CAMPGROUND COMMERCIAL (C5) DISTRICT
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AIRPORT PROTECTION OVERLAY
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12.1 | AIRPORT PROTECTION OVERLAY
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13 | LAND USE DISTRICT MAPS
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INDEX MAP
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MAP 1 - LAND USE DISTRICTS
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MAP 2 - LAND USE DISTRICTS
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MAP 3 - LAND USE DISTRICTS
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MAP 4 - LAND USE DISTRICTS
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MAP 5 - LAND USE DISTRICTS
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MAP 6 - LAND USE DISTRICTS IN HAMLETS
154
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LIST OF FIGURES
FIGURE 1: ADJACENT LAND EXAMPLES
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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
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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
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LIST OF TABLES
TABLE 1: DWELLING UNITY DENSITY
63
TABLE 2: MINIMUM PARKING LOT DIMENSIONS
68
TABLE 3: MINIMUM REQUIRED PARKING
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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
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TABLE 7: REQUIREMENTS FOR HOME OFFICES AND HOME BUSINESSES
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TABLE 8: MOTEL AND HOTEL REGULATIONS
93
TABLE 9: MAXIMUM RECREATIONAL VEHICLE DENSITY
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TABLE 10: SUITE AND GUEST HOUSE REQUIREMENTS
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TABLE 11: SUITE AND GUEST HOUSE DENSITY REQUIREMENTS
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TABLE 12: LAND USE DISTRICTS
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