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Beaver County
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BYLAW PAGE
Land Use Bylaw 24-1154
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Beaver County
SUMMARY OF AMENDMENTS
Revision #
Date
Bylaw #
Description
Land Use Bylaw 24-1154
Beaver County
iv
Table of Contents
PART 1: GENERAL ADMINISTRATIVE PROCEDURES
1.0
GENERAL ADMINISTRATIVE PROCEDURES .................................................... 4
1.1
Title............................................................................................................................................... 4
1.2
Purpose ........................................................................................................................................ 4
1.3
Application of this Bylaw ............................................................................................................... 5
1.4
Previous Bylaws ............................................................................................................................ 5
1.5
Effective Date ............................................................................................................................... 5
1.6
Applications in Progress ................................................................................................................ 5
1.7
Severability ................................................................................................................................... 5
1.8
Compliance with Other Legislation ................................................................................................ 5
1.9
Interpretation of this Bylaw ............................................................................................................ 6
2.0
APPROVING AUTHORITIES ............................................................................ 9
2.1
Development Authority.................................................................................................................. 9
2.2
Subdivision Authority .................................................................................................................... 9
3.0
EXEMPTIONS AND NON-CONFORMING ....................................................... 11
3.1
Control of Development .............................................................................................................. 11
3.2
Development Not Requiring A Development Permit .................................................................... 11
3.3
Non-Conforming Uses and Buildings ........................................................................................... 13
3.4
Existing Substandard Lots ........................................................................................................... 14
PART 2: LAND USE DISTRICTS
4.0
ESTABLISHING DISTRICTS + OVERLAYS ...................................................... 17
4.1
General Requirements ................................................................................................................ 17
4.2
Establishment of Overlays ........................................................................................................... 17
4.3
Establishment of Land Use Districts ............................................................................................ 17
4.4
Summary Table ........................................................................................................................... 20
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5.0
LAND USE DISTRICTS + OVERLAY REGULATIONS ....................................... 26
5.1
Agricultural District - A ............................................................................................................... 26
5.2
Urban General District - UG ....................................................................................................... 30
5.3
Rural Commercial District - RC ................................................................................................... 35
5.4
Rural Industrial District - RI ......................................................................................................... 38
5.5
Tourism District - T ..................................................................................................................... 41
5.6
Country Residential District - CR ................................................................................................ 44
5.7
Landfill and Composting District - LC ......................................................................................... 48
5.8
Low Impact Eco-Friendly Industrial District - IE ........................................................................... 51
5.9
Business/Light Industrial District - IL ........................................................................................... 54
5.10
Medium Industrial District - IM .................................................................................................... 57
5.11
Crown Lands District - CL .......................................................................................................... 60
5.12
Direct Control - DC .................................................................................................................... 61
5.13
Airport Protection Overlay ........................................................................................................... 62
5.14
Landfill Setback Overlay ............................................................................................................. 63
5.15
Sanitary Facilities Overlay ........................................................................................................... 63
PART 3: GENERAL REGULATIONS
6.0
GENERAL REGULATIONS ............................................................................. 67
6.1
Access and Parking .................................................................................................................... 67
6.2
Development Near Confined Feeding Operations ....................................................................... 67
6.3
Development Near Highways, Secondary, and Rural Roads........................................................ 68
6.4
Development Near Landfills ........................................................................................................ 74
6.5
Development Near Oil and Gas Wells, and Sour Gas Facilities .................................................... 74
6.6
Development Near Railways ....................................................................................................... 75
6.7
Development Near Sanitary Facilities .......................................................................................... 75
6.8
Development Near Steep Slopes and Waterbodies ..................................................................... 76
6.9
Fencing, Landscaping, Screening ............................................................................................... 77
6.10
Historical and Archaeological Sites ............................................................................................. 79
6.11
Lands Not Suitable for Development ........................................................................................... 80
6.12
Lot Grading and Site Drainage .................................................................................................... 80
6.13
Protection from Exposure Hazards .............................................................................................. 80
6.14
Signs .......................................................................................................................................... 80
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6.15
Site Servicing .............................................................................................................................. 81
PART 4: SPECIFIC USE REGULATIONS
7.0
SPECIFIC USE REGULATIONS ...................................................................... 85
7.1
Automotive and Equipment Sale, Repair, Rental and Storage (both Major and Minor) ................. 85
7.2
Bed and Breakfast Establishments .............................................................................................. 85
7.3
Campgrounds ............................................................................................................................. 85
7.4
Cannabis Production Facility ....................................................................................................... 86
7.5
Cannabis Retail ........................................................................................................................... 88
7.6
Community Recreation ............................................................................................................... 88
7.7
Commercial Green Houses and Plant Nursery ............................................................................ 89
7.8
Dwelling Units on a Lot ............................................................................................................... 89
7.9
Home Occupation ....................................................................................................................... 90
7.10
Manufactured/Mobile Homes and Home Parks ........................................................................... 91
7.11
Kennels ....................................................................................................................................... 93
7.12
Local Industrial Uses ................................................................................................................... 94
7.13
Natural Resource Extraction ....................................................................................................... 95
7.14
Pet Cemeteries ........................................................................................................................... 98
7.15
Recycling Depot.......................................................................................................................... 99
7.16
Residential Security/Caretaker Units ........................................................................................... 99
7.17
Service Stations, Gas Bars, and Bulk Fuel and Oil Sales ........................................................... 100
7.18
Shipping Container ................................................................................................................... 101
7.19
Solar Collectors, Personal ......................................................................................................... 102
7.20
Solar Collectors, Commercial .................................................................................................... 102
7.21
Special Event Venues ............................................................................................................... 103
7.22
Temporary Accommodations .................................................................................................... 104
PART 5: DEVELOPMENT APPLICATION PROCESS
8.0
PROCEDURE FOR DEVELOPMENT APPLICATIONS .................................... 107
8.1
Development Permit Applications.............................................................................................. 107
8.2
Development Permit Application Contents ................................................................................ 107
8.3
Complete Applications .............................................................................................................. 109
8.4
Incomplete Applications ............................................................................................................ 109
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8.5
Application Referrals ................................................................................................................. 110
8.6
Development Permit Decisions ................................................................................................. 111
8.7
Development Permits and Notices ............................................................................................ 113
8.8
Development Permit Extensions ................................................................................................ 115
8.9
Development Permit Revisions .................................................................................................. 115
9.0
PROCEDURE FOR SUBDIVISION APPLICATIONS ........................................ 116
9.1
Subdivision Applications ........................................................................................................... 116
9.2
Complete Subdivision Applications ........................................................................................... 117
9.3
Incomplete Subdivision Applications ......................................................................................... 117
9.4
Subdivision Application Referrals .............................................................................................. 117
9.5
Subdivision Decision Time Period .............................................................................................. 118
9.6
Subdivision Application Decisions ............................................................................................. 118
9.7
Subdivision Approval Time Extensions ...................................................................................... 119
9.8
Approved Subdivision Endorsement Time Period ...................................................................... 120
PART 6: DEVELOPMENT APPEAL PROCESS
10.0
APPEAL PROCESS ..................................................................................... 123
10.1
Appeal Authority ....................................................................................................................... 123
10.2
Procedure for Development Permit, Subdivision, and Stop Order Appeals ................................ 123
10.3
Persons to be Heard at the Hearing .......................................................................................... 125
10.4
Appeal Decision ........................................................................................................................ 125
10.5
Court of Appeal ......................................................................................................................... 126
PART 7: BYLAW AMENDMENT PROCESS
11.0
BYLAW AMENDMENT PROCESS ................................................................ 129
11.1
Amendment Procedure ............................................................................................................. 129
11.2
Amendment Application ............................................................................................................ 129
11.3
Advertising Requirements ......................................................................................................... 131
11.4
Public Hearing .......................................................................................................................... 131
11.5
Amendment Decisions .............................................................................................................. 131
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PART 8: BYLAW ENFORCEMENT
12.0
BYLAW ENFORCEMENT ............................................................................. 135
12.1
Contravention ........................................................................................................................... 135
12.2
Prohibitions ............................................................................................................................... 135
12.3
Cancellation, Suspension or Modification .................................................................................. 135
12.4
Entry to Property Regarding Land Use, Development and Subdivision Matters ......................... 136
12.5
Offences and Fines ................................................................................................................... 136
12.6
Stop Orders and Enforcement .................................................................................................. 137
13.0
DEVELOPMENT PERMIT, SUBDIVISION, REDISTRICTING, AND AGREEMENT
FEES...... ................................................................................................... 138
PART 9: DEFINITIONS
14.0
DEFINITIONS .............................................................................................. 141
14.1
General and Use Definitions ...................................................................................................... 141
PART 10: SCHEDULES
15.0
SCHEDULES .............................................................................................. 165
Schedule A: Airport Protection Overlay Map
Schedule B: Landfill Setback Overlay Map
Schedule C: Sanitary Facilities Overlay Map
Schedule D: Land Use District Maps
Schedule E: Crown Lands District Maps
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Land Use Bylaw 24-1154
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How to Use the Beaver County Land Use Bylaw
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1.0 General Administrative Procedures
1.1
Title
1.1.1.
The title of this bylaw shall be the Beaver County Land Use Bylaw and is referred to as "this Bylaw".
1.2
Purpose
1.2.1.
The purpose of this Bylaw is to regulate and control the use and development of land and buildings
within the County to achieve the orderly development of land, and for that purpose, amongst other
things:
a. provide direction for the orderly, economical, and beneficial development, and use of land for
residents of Beaver County, and
b. regulate and control development or, where necessary, prohibit development without infringing
on the rights of individuals for any public interest except to the extent that is necessary for the
overall greater public interest.
1.2.2.
This Bylaw:
a. implements policies of Beaver County's Municipal Development Plan and other Statutory Plans;
b. divides the County into land use districts;
c. outlines permitted and discretionary uses for each land use district;
d. prescribes the subdivision and development regulations for each land use district, generally and
specifically;
e. outlines the number of dwelling units permitted on a parcel of land;
f. establishes criteria for the Development Authority to make decisions on applications for
development permits, including the issuing of development permits and conditions;
g. sets out the method to appeal a decision made by the Development Authority in regard to this
Bylaw;
h. identifies the manner in which the notice of the issuance of a development permit is given and to
whom; and
i. describes the procedure to make amendments to this Bylaw.
1.2.3.
This Bylaw shall be applied in a manner that is consistent with the County's adopted Statutory Plans,
such as the Municipal Development Plan, the Matters related to Subdivision and Development
Regulation, and provincial land use policies.
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1.3
Application of this Bylaw
1.3.1.
Except as permitted in this Bylaw, no person shall commence a development unless a development
permit for that development has been issued and the appeal period has expired.
1.4
Previous Bylaws
1.4.1.
The Beaver County Land Use Bylaw No. 98-801 and amendments thereto are hereby repealed.
1.5
Effective Date
1.5.1.
This Bylaw comes into force upon the date of final reading and upon signature.
1.6
Applications in Progress
1.6.1.
A development permit application or a subdivision application received and deemed complete prior
to the effective date of this Bylaw shall be processed in accordance with Bylaw No. 98-801.
1.6.2.
No application to amend Bylaw No. 98-801 shall be accepted after this Bylaw comes into effect.
1.7
Severability
1.7.1.
If any provision of this Bylaw is held to be invalid by a decision of a court of competent jurisdiction,
that decision will not affect the validity of the remaining portions of this Bylaw.
1.8
Compliance with Other Legislation
1.8.1.
A person applying for, or in possession of, a subdivision approval or development permit is not
relieved from the responsibility of determining and complying with, or carrying out development in
accordance with:
a. Statutory Plans;
b. other Municipal Bylaws;
c. the Municipal Government Act, RSA 2000 c. M-26;
d. the Alberta Safety Codes Act, RSA 2000, c. S-1, and related regulations such as the National
Building Code - 2023 Alberta Edition;
e. the Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12;
f. the Natural Resources Conservation Board Act, RSA 2000, c. N-3;
g. the Water Act;
h. any other applicable federal, provincial, or other municipal legislation; and
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i. the conditions of any caveat, restrictive covenant, easement, or other instrument affecting a
building or land.
1.9
Interpretation of this Bylaw
1.9.1.
In this Bylaw, the term "use" or "to use" refers to any activity carried out directly or indirectly on any
land, building, or structure by the owner or occupant, or by someone authorized by the owner or
occupant (such as a trustee, tenant, servant, or agent) for the purpose of utilizing the land, building,
or structure, unless the context suggests otherwise.
W O R D S
1.9.2.
The words "shall", "will" and "must" indicate the action is mandatory.
1.9.3.
The word "should" indicate the direction to strive to achieve the outlined action but is not mandatory
and at the discretion of the Development Authority.
1.9.4.
The word "may" indicate the action is discretionary, meaning the action can be implemented if the
County chooses to do so.
1.9.5.
Any reference to "the MGA" or "the Act" in this Bylaw shall mean the Municipal Government Act,
RSA 2000 c. M-26, as amended from time to time.
1.9.6.
Any reference to "the SDR" in this Bylaw shall mean the Matters related to Subdivision and
Development Regulation.
1.9.7.
Any reference to "the MDP" in this Bylaw shall mean the Beaver County's current Municipal
Development Plan Bylaw.
1.9.8.
Any reference to the "municipality" or "the County" in this Bylaw shall mean Beaver County, unless
otherwise noted.
1.9.9.
The term "Council" in this Bylaw shall mean the Council of Beaver County in the Province of Alberta,
unless otherwise noted.
1.9.10.
Any reference to the "Development Authority" in this Bylaw shall mean a person or persons appointed
pursuant to subsection 2.1.
1.9.11.
Any reference to "the IDP" in this Bylaw shall mean any Intermunicipal Development Plan applied to
the County.
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1.9.12.
Words, phrases, and terms not defined in this Bylaw may be given their definition in the MGA, the
Alberta Safety Codes Act, or the Interpretation Act. Other words shall be defined by their usual and
customary meaning, or as outlined in Section 14.0: Definitions.
MEASUREMENTS
1.9.13.
Measurements listed shall adhere and comply to the stated Metric measurements. Imperial
measurements are included in this Bylaw for reference only. If there is a discrepancy in this Bylaw
between the two measurements, the Metric measurements shall be referenced and adhered to.
1.9.14.
Any measurement greater than the exact regulation prescribed in this Bylaw shall be considered in
excess of the requirement and shall not be rounded down.
1.9.15.
The following notations may be used in place of whole words within this Bylaw:
a. "m" shall mean metre(s);
b. "m2"shall mean square metre(s);
c. "km" shall mean kilometre(s);
d. "mi" shall mean mile(s);
e. "ft" shall mean feet;
f. "ft2" shall mean square feet;
g. "ha" shall mean hectare(s);
h. "ac" shall mean acre(s);
i. "lbs" shall mean pounds; and
j. "kg" shall mean kilogram(s).
ILLUSTRATIONS
1.9.16.
Drawings and graphic illustrations used in this Bylaw are for context and to aid in interpreting and
understanding the intent of regulations and provisions. If there is conflict or inconsistency between a
drawing or graphic illustration and the text of this Bylaw, the text shall prevail.
BOUNDARIES
1.9.17.
The boundaries of the Land Use District maps, shall be interpreted as follows:
a. when the boundary of a district follows a public roadway or a public right-of-way it follows the
centre line, unless otherwise indicated;
b. when the boundary of a district abuts a provincial or federal property, railway right-of-way,
pipeline, or utility right-of-way it follows the boundary line;
c. when the boundary of a district is shown as approximately following the County boundary, it
follows the County boundary;
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d. when the boundary of a district is shown as approximately following the edge of any waterbody,
including rivers, lakes, creek, streams, etc., it follows the edge or shoreline of the waterbody;
e. when a boundary of a district is shown as approximately following a lot or parcel line, it follows the
lot or parcel line; and
f. where a land use district boundary is not located in conformity to the preceding provisions and in
effect divides or splits a registered parcel of land, the disposition of such boundary shall be
determined by dimensions indicated on the Land Use District Map or by measurements directly
from that Map.
1.9.18.
If the application of the above interpretations does not result in the exact location of a district
boundary, the Development Authority shall determine the exact location of the boundary in doubt or
in dispute in a manner consistent with the regulations and provisions of this Bylaw, to the degree of
detail that the circumstance requires.
1.9.19.
After the Development Authority has determined the exact location of a district boundary, that portion
of the location of the boundary shall not be altered, except through an amendment to this Bylaw.
1.9.20.
The Development Authority shall maintain a record of all district boundary decisions.
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2.0 Approving Authorities
2.1
Development Authority
2.1.1.
For the purposes of this Bylaw, the position to be known as the Development Authority is hereby
established.
2.1.2.
The Development Authority shall consist of the Chief Administrative Officer or person appointed by
the County's Chief Administrative Officer or planning agency. That person(s) may delegate their
authority and responsibilities to another person or persons as they see fit at their discretion.
2.1.3.
If the appointed person(s) shall die, retire, or resign, another person may be appointed by the
County's Chief Administrative Officer.
2.1.4.
The County's Chief Administrative Officer may remove the person(s) from the position of
Development Authority at any time.
2.1.5.
The Development Authority shall:
a. receive and review development permit applications as to their completeness;
b. refer a development permit application to any County department, adjacent landowners and any
federal, provincial or any other agency, or body deemed appropriate by the Development
Authority to obtain comments on the application;
c. consider and decide upon a development permit application for a permitted use and must approve
such an application provided the application complies with the Bylaw;
d. consider and decide upon an application for a discretionary use;
e. undertake other duties specified in this Bylaw or the MGA;
f. keep and maintain for the inspection of the public during office hours a copy of this Bylaw and all
amendments thereto and ensure that copies of same are available to the public at a reasonable
charge;
g. make available for inspection by the public during office hours a register of all applications for
development permits and the decisions made thereon; and
h. collect fees according to Bylaw approved by Council.
2.2
Subdivision Authority
2.2.1.
The Subdivision Authority, as established by the County's Subdivision Authority Bylaw, shall exercise
subdivision powers and duties on behalf of Beaver County as specified by bylaw.
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2.2.2.
The Subdivision and Development Appeal Board, as established by the County's Subdivision and
Development Appeal Board Bylaw, shall perform such duties as specified by bylaw.
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3.0 Exemptions and Non-Conforming
3.1
Control of Development
3.1.1.
No development other than that identified in subsection 3.2 Development Permit Not Requiring A
Development Permit shall be undertaken within the County unless an application for it has been
approved and a development permit has been issued and has come into effect under the provisions
of this Bylaw.
3.2
Development Not Requiring A Development Permit
3.2.1.
The following development shall not require a development permit, although other permits under the
Alberta Safety Codes Act or other legislation or regulations may be required:
a. The carrying out of works of maintenance or repair to any building, provided that such works do
not include structural alterations or major works of renovation, including:
(i)
minor utilities, the definition of which shall be determined at the sole discretion of the
Development Authority;
(ii) private driveways and patios accessory to a dwelling if in compliance with the County's
Surface Drainage Bylaw;
(iii) an unenclosed deck or a deck enclosed by a rail or parapet wall, with a floor less than 1.0 m
(3.3 ft) in elevation above grade;
(iv) landscaping where the existing grade and surface drainage pattern is not materially altered
and is in compliance with the County's Surface Drainage Bylaw;
b. The completion of a building which was lawfully under construction at the date of the approval of
this Bylaw, provided that the building is completed in accordance with the terms of any permit
granted in respect of it and subject to the conditions to which the permit was granted and provided
also that the building, whether or not a permit was granted in respect of it, is completed within a
period of twelve (12) months from the said date of the approval;
c. The use of any such buildings allowed under subsection 3.2.1(b) of this Bylaw;
d. The erection or construction of gates, fences, or walls or other means of enclosure and the
maintenance, improvement, and other alterations of any such gates, fences, or walls, except as
follows:
(i)
In the Agricultural District, no gates, fences, or walls or other means of enclosure will be
allowed where such gate, fences, or walls abut on a road or a highway used by vehicular
traffic within the setback area shown in Figures 2, 3, 4, 5, and 6 within subsection 6.3
Development Near Highways, Secondary, and Rural Roads;
(ii) In the Country Residential District, a Development Permit will be required for gates, fences,
or walls or other means of enclosure where such gate, fences, or walls abut on a road or a
highway used by vehicular traffic within the setback area shown in Figures 2, 3, 4, 5, and 6
within subsection 6.3 Development Near Highways, Secondary, and Rural Roads; and for
gates, fences, or walls greater than 1.84 m (6 ft) in height in front, rear, or side yards;
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(iii) In the Urban General District, a Development Permit will be required for gates, fences, or
walls or other means of enclosure where such gate, fences, or walls abut on a road or a
highway used by vehicular traffic within the setback area shown in Figures 2, 3, 4, and 5,
and 6 within subsection 6.3 Development Near Highways, Secondary, and Rural Roads; and
for gates, fences, or walls greater than 0.92 m (3 ft) in height in front yards and greater than
1.84 m (6 ft) in height in rear or side yards.
e. A temporary building, the sole purpose of which is incidental to the erection or alteration of a
building for which a permit has been issued under this Bylaw, and which is not a dwelling, used
as a dwelling or a Temporary Accommodation, and which will be removed once the building for
which a permit has been issued has been constructed;
f. The maintenance and repair of public works, services and utilities carried out by or on behalf of
federal, provincial and municipal public authorities on land which is publicly owned or controlled;
g. The erection or construction of fencing for Agricultural Operations, Primary;
h. The development of land for Agricultural Operations, Primary purposes, except for:
(i)
a dwelling;
(ii) a garage;
(iii) permanent farm buildings and dugouts that do not meet the setback regulations of the
district;
i. The development of land for a confined feeding operation or a manure storage facility within the
meaning of the Agricultural Operation Practices Act if the confined feeding operation or the
manure storage facility is the subject of an approval, registration, or authorization under Part 2 of
that Agricultural Operations Practices Act.
j. The demolition or removal of a building or improvement;
k. Change of hours of operation of any permitted use development in the Landfill and Composting
District for which a development permit has been issued.
l. Change of sequence of development of cells within a landfill for which a development permit has
been issued.
m. Solar Collectors, personal, provided it meets the requirements under subsection 7.19 Solar
Collector of this Bylaw.
n. The use of recreational vehicles intended to be temporarily occupied and only up to a consecutive
period of six (6) months provided it meets the requirements under subsection 7.21 Temporary
Accommodations of this Bylaw. This does not include a commercial campground.
o. An accessory building which is equal or less than 18.0 m2 (192 ft2) in size, provided that it meets
all district regulations outlined in Part 2 - Land Use Districts of this Bylaw.
p. Shipping containers, in accordance with subsection 7.18 Shipping Container of this Bylaw.
3.2.2.
Notwithstanding the generality of subsection 6.14 Signs, the following signs may be erected on land
or affixed to the exterior surface of a building or structure without a Development Permit provided
that no such signs shall be illuminated and provided that any necessary permits have been obtained
in accordance with the Highway Development Control Regulations:
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a. Signs for the purpose of identification direction and warning or relating to a person, partnership
or company carrying on a profession, business or trade, or relating to an institution of a religious,
educational, cultural, recreational or similar character or to a hotel, apartment, club or similar
institution, not exceeding 11.0 sq m (12.0 sq ft) and limited to one sign per lot.
b. Temporary advertisement relating to the sale or letting of land, the sale of goods or livestock, the
carrying out of building or similar work, announcement of any local event of a religious,
educational, cultural, political or similar character not exceeding 1.9 sq m (20 sq ft) provided that
all such temporary advertisements shall be removed by the advertiser within fifteen (15) days of
the completion of the event or works to which such advertisements relate.
c. Advertisements or signs in relation to the function of Local Authorities, Utility Boards or other
public or quasi-public bodies.
3.2.3.
Signs used to direct traffic, indicating type of parking spaces, or emergency equipment are exempt
from the regulations in Section 6.14 Signs.
3.3
Non-Conforming Uses and Buildings
3.3.1.
A non-conforming use of land or a building may be continued; however, if that use is discontinued for
a period of six consecutive months or more, any future use of the land or building must conform with
this Bylaw.
3.3.2.
A non-conforming use of part of a building may be extended throughout the building but the building,
whether or not it is a non-conforming building, may not be enlarged or added to and no structural
alterations may be made to it or in it.
3.3.3.
A non-conforming use of part of a lot may not be extended or transferred in whole or in part to any
other part of the lot and no additional buildings may be constructed on the lot while the non-
conforming use continues.
3.3.4.
A non-conforming building may continue to be used but the building may not be enlarged, added to,
rebuilt or structurally altered except:
a. to make it a conforming building;
b. for the routine maintenance of the building, if the Development Authority considers it necessary;
or
c. in accordance with the powers possessed by the Development Authority pursuant to the MGA
and subsection 8.6 Development Permit Decisions of this Bylaw to approve a development permit
notwithstanding any non-compliance with the regulations of this Bylaw.
3.3.5.
If a non-conforming building is damaged or destroyed to the extent of more than 75% of the value of
the building above its foundation, the building may not be repaired or rebuilt except in accordance
with the Land Use Bylaw.
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3.3.6.
The land use or the use of a building is not affected by a change of ownership or tenancy of the land
or building.
3.4
Existing Substandard Lots
3.4.1.
Development on existing substandard lots may be considered by the Development Authority.
Compliance with the Provincial Regulations will be required.
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Land Use Bylaw 24-1154
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Beaver County
4.0 Establishing Districts + Overlays
4.1
General Requirements
4.1.1.
Land use districts and the associated district provisions are established for the County in accordance
with the Section 15.0: Schedules of this Bylaw.
4.1.2.
Schedule D: Land Use District Maps divides the County into districts and specifies the district
provisions applicable to particular lands.
4.1.3.
Provisions listed in Section 6.0: General Regulations and Section 7.0: Specific Use Regulations
comprising all general and specific development regulations, landscaping, parking and loading, and
signage shall govern any Permitted, and Discretionary Uses listed within a district.
4.2
Establishment of Overlays
4.2.1.
Overlays are included in this Bylaw to provide additional development regulations for specific areas
in the County. The first overlay provided is the "Airport Protection Overlay" contained in Schedule A.
This is followed by the "Landfill Setback Overlay" contained in Schedule B, and the "Sanitary Facilities
Overlay" contained in Schedule C.
4.3
Establishment of Land Use Districts
4.3.1.
For the purpose of this Bylaw Beaver County is divided into the following districts:
a. Agricultural
District (A)
The general purpose of the Agricultural District (A) is to permit
activities associated with primary agricultural production, and to
preserve
valuable
agricultural
land
from
inappropriate
development. This district shall not contain a biomedical waste
facility.
b. Urban General
District (UG)
The general purpose of the Urban General District (UG) is to allow
a wider variety of urban type uses within the larger unincorporated
hamlets of the County. Any future developments should be in
accordance with the urban expansion policies of the Municipal
Development Plan and the Community Plans for the Hamlets of
Bruce and Kinsella. This district shall not contain a biomedical
waste facility.
c. Rural Commercial
District (RC)
The general purpose of the Rural Commercial District (RC) is to
regulate the development of commercial uses in accordance with
the policies established in the Municipal Development Plan. This
district shall not contain a biomedical waste facility.
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Beaver County
d. Rural Industrial
District (RI)
The general purpose of the Rural Industrial District (RI) is to
regulate the development of those industries which require large
tracts of land, and which could have a significant impact on the
community and
the environment, and which may not be
appropriate within an urban district. This district shall not contain
a biomedical waste facility.
e. Tourism District
(T)
The general purpose of the Tourism District (T) is to provide
opportunities for tourism -related businesses and activities within
the rural environment that promote the cultural, recreational, and
natural attractions of the county, while balancing impacts on non -
tourism related activities. This district shall not contain a
biomedical waste facility.
f. Country
Residential
District (CR)
The general purpose of the Country Residential District (CR) is to
regulate the development of country residences in accordance
with the policies set out in the Municipal Development Plan. In all
cases, the primary use of land will be residential in nature. Where
a non-residential use is approved, it will be develop ed in a manner
that retains the residential character of the property and
surrounding land. This district shall not contain a biomedical
waste facility.
g. Landfill and
Composting
District (LC)
The general purpose of the Landfill and Composting District (LC)
is to regulate landfill and composting development within the
County. The interpretation of definitions of uses in this district
shall be consistent with their use in the Alberta Environmental
Protection
and
Enhancement
Act,
and
the
Waste
Control
Regulation made under that Act. This district shall not contain a
biomedical waste facility.
h. Low Impact Eco-
Friendly Industrial
District (IE)
The general purpose of the Low Impact Eco-Friendly Industrial
District (IE) is to conserve and enhance the natural function of
ecosystem processes while allowing for limited development of
low impact uses that promote sustainability. Wetland function will
be
maintained
and/or
enhanced
while
allowing
alternate
renewable energy generation methods such as solar collectors
and solar farms. This district shall not contain a biomedical waste
facility.
i.
Business/Light
Industrial District
(IL)
The general purpose of the Business/Light Industrial District (IL)
is to provide for light and business industrial uses that do not
adversely affect adjacent land uses or cause any external,
objectionable, or dangerous conditions outside of any building or
the industrial business site. This district is typically applied to
sites adjacent to roadways on the periphery of industrial areas or
on arterial or collector roadways within an industrial area servicing
as a buffer to heavier industrial land uses. This district shall not
contain a biomedical waste facility.
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Beaver County
j.
Medium Industrial
District (IM)
The general purpose of the Medium Industrial District (IM) is to
provide for a variety of general industrial uses including
warehousing,
manufacturing,
assembling
and
fabricating
activities and other industrial land uses which may require an
outside storage component necessary to the operation of the
business. This district may also contain large scale or specialized
operations, where there are no significant external, objectionable,
or dangerous conditions beyond the outer limits of the site. This
district shall not contain a biomedical waste facility.
k. Crown Lands
District (CL)
The general purpose of the Crown Lands District (CL) is to provide
the County the opportunity to provide input on the potential
impact of land uses and development on those lands governed and
managed by the Crown and enter into agreements when the
County's infrastructure is impacted by those uses. This district
shall not contain a biomedical waste facility.
l.
Direct Control
District (DC)
The purpose of the Direct Control District (DC) is to enable
Council
to
exercise
particular
control
over
the
use
and
development of land and buildings in any such manner as Council
may consider necessary.
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Beaver County
4.4
Summary Table
4.4.1.
The land use summary table below provides an overview of the permitted and discretionary uses in
each district. If there are discrepancies between this table and those uses outlined in the districts,
the uses outlined in the districts shall prevail.
Note: The Crown Lands District and the Direct Control District are not in this table as there are not permitted or discretionary uses.
P = PERMITTED USE
D = DISCRETIONARY USE
A
UG
RC
RI
T
CR
LC
IE
IL
IM
Abattoir
D
D
D
D
Accessory Building
P
P
P
P
P
P
P
P
P
P
Accessory Storage Building
P
D
P
P
P
D
P
P
P
P
Accessory Use
P
P
P
P
P
P
P
P
P
P
Agricultural Operations,
Commercial
P
D
P
P
D
P
Agricultural Operations,
Primary
P
D
P
P
D
D
D
D
Agricultural Operations,
Secondary
P
D
P
D
D
P
Agricultural Operations,
Support Service
D
D
P
P
D
D
P
Agricultural Operations, Value
Added
P
P
D
Agricultural, Product
Processing
D
P
D
D
P
Agri-tourism
P
P
P
D
Air Supported and Fabric
Covered Structures
P
P
P
P
D
P
P
Animal Hospital and Shelter
D
D
P
D
D
P
Auctioneering Establishment,
Indoor
D
P
D
P
P
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Beaver County
P = PERMITTED USE
D = DISCRETIONARY USE
A
UG
RC
RI
T
CR
LC
IE
IL
IM
Auctioneering Establishment,
Outdoor
D
P
D
D
P
Automotive and Equipment
Sale, Repair, Rental, and
Storage, Major
D
D
P
D
D
P
Automotive and Equipment
Sale, Repair, Rental, and
Storage, Minor
P
P
P
P
P
P
Bed and Breakfast
Establishment
P
D
D
P
D
Breweries, Wineries, Distilleries
D
D
P
D
P
P
D
Broadcasting Studio
P
P
D
P
D
Business Support Service
D
P
P
P
P
P
Campground
D
D
P
D
Cannabis Cultivation
P
D
D
D
D
P
Cannabis Production Facility
D
D
P
D
D
P
Cannabis Retail Sales
D
P
D
D
D
P
D
Commercial Green Houses
and Plant Nursery
D
P
D
D
P
P
Commercial Renewable and
Alternate Energy Facility
P
P
P
P
P
P
P
Commercial School
D
P
P
D
P
Commercial Storage
D
P
P
P
P
P
Commercial Storage,
Temporary
D
D
P
D
D
P
Communal Living
D
D
Community Recreation
P
P
D
D
D
P
D
D
D
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Beaver County
P = PERMITTED USE
D = DISCRETIONARY USE
A
UG
RC
RI
T
CR
LC
IE
IL
IM
Compost Facilities - Class I
P
Compost Facilities - Class II
P
Custodial Quarters
P
P
P
P
Custom Workshop
D
D
D
P
D
D
P
P
P
Daycare Facility
D
D
P
D
P
Drive-thru Business
D
P
P
D
P
P
Dwelling, Accessory Unit (one)
D
D
D
D
D
Dwelling, Semi Detached
P
Dwelling, Single Detached
P
P
D
P
P
Equestrian Facility and Rodeo
Arena
P
D
P
D
Equipment Rentals
D
D
P
P
P
D
Farm and Industrial Machinery
Sale, Rental, and Service
D
D
P
D
D
P
Fleet Services
D
P
P
P
D
Food and Beverage Products
D
P
P
P
P
P
D
Food Service, Mobile Catering
D
D
P
P
P
D
P
P
D
Food Service, Restaurant
D
D
P
D
P
D
P
P
D
Food Service, Specialty
D
D
P
D
P
D
D
P
D
Fuels and Chemicals Sale and
Storage
D
D
Funeral Services
P
P
P
P
General Commercial Uses
D
D
P
D
D
D
D
P
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Beaver County
P = PERMITTED USE
D = DISCRETIONARY USE
A
UG
RC
RI
T
CR
LC
IE
IL
IM
General Contractor Services
D
D
P
P
P
P
General Retail Stores
D
P
D
D
P
P
D
Government Services
P
P
P
P
P
P
P
P
Group Home, Major
D
D
D
Group Home, Minor
P
P
D
Highway Commercial Use
D
D
P
D
D
P
D
Home Occupations, Home
Office
P
P
P
P
Home Occupations, Type I
P
P
P
P
Home Occupations, Type II
D
D
D
D
Home Parks
D
D
D
D
Indoor Participant Recreation
Uses
D
P
D
P
P
D
Industrial, Heavy
D
D
Industrial, Light
D
D
P
P
P
P
Industrial, Medium
D
D
D
P
Institutional Uses
D
D
P
D
D
D
D
P
Kennel
D
P
D
P
Landfills - Class I
D
Landfills - Class II
P
Landfills - Class III
D
D
P
Liquor Retail Sales
D
P
D
P
D
P
D
Local Industrial Uses
D
D
D
P
D
P
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Beaver County
P = PERMITTED USE
D = DISCRETIONARY USE
A
UG
RC
RI
T
CR
LC
IE
IL
IM
Manufactured/Mobile Homes
P
P
D
P
P
Manufactured Home Parks
D
D
Municipal Shop and Storage
Yard
P
P
P
P
P
P
Natural Resource Extraction
Industry
D
D
D
Oilfield Waste Related Facilities
D
Other Similar and Compatible
Uses
D
D
D
D
D
D
D
D
D
D
Outdoor Sale and Storage
D
P
P
P
P
P
Personal Service Shops
D
P
D
P
P
Pet Care Service
D
D
P
P
P
P
Pet Cemeteries
D
Professional and/or
Administrative Offices
D
P
P
P
P
P
P
Public Parks and Playgrounds
P
P
P
P
P
P
P
P
P
Recreation, Intensive
D
D
D
D
D
D
Recreation, Extensive
P
P
D
P
Recreational Vehicle Uses
P
P
P
P
Recycling Depot
D
D
P
P
D
D
P
P
Recycling Oil Depot
D
D
Recycling Plants
D
P
D
Residential/ Security Caretaker
Unit
P
P
P
P
P
P
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Beaver County
P = PERMITTED USE
D = DISCRETIONARY USE
A
UG
RC
RI
T
CR
LC
IE
IL
IM
Signs
D
P
P
P
P
D
P
P
P
P
Solar Collectors, Commercial
P
P
D
P
P
P
Solar Collectors, Personal
P
P
P
P
P
P
P
P
P
P
Special Event Venue
D
P
D
P
D
D
D
Storage Sites
D
D
D
P
D
Supportive Housing
D
P
P
Temporary Accommodations
P
D
P
D
Utility and Transportation
Uses, Major
D
D
D
D
D
D
Utility and Transportation
Uses, Minor
P
P
P
P
P
P
P
P
P
Vehicle and Equipment
Storage
D
D
P
D
D
P
Veterinary Service
D
D
P
D
D
D
P
P
Visitor Accommodations
P
D
D
P
D
D
Warehouse Sales
P
P
P
P
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Beaver County
5.0 Land Use Districts + Overlay Regulations
5.1
Agricultural District - A
The general purpose of the Agricultural District (A) is to permit activities associated with primary
agricultural
production,
and
to
preserve
valuable
agricultural
land
from
inappropriate
development. This district shall not contain a biomedical waste facility.
5.1.1.
The following uses shall be permitted or discretionary, with or without conditions, provided the
application complies with the regulations in this district and this Bylaw:
a. PERMITTED USES:
- Accessory Building
- Accessory Storage Building
- Accessory Use
- Agricultural Operations, Commercial
- Agricultural Operations, Primary
- Agricultural Operations, Secondary
- Agricultural Operations, Value Added
- Agri-tourism
- Air Supported and Fabric Covered
Structures
- Automotive and Equipment Sale, Repair,
Rental, and Storage, Minor
- Bed and Breakfast Establishment
- Cannabis Cultivation
- Commercial Renewable and Alternative
Energy Facility
- Community Recreation
- Dwelling, Single Detached
- Equestrian Facility and Rodeo Arena
- Government Services
- Group Home, Minor
- Home Occupations, Home Office
- Home Occupations, Type I
- Manufactured/Mobile Homes
- Municipal Shop and Storage Yard
- Public Parks and Playgrounds
- Recreation, Extensive
- Recreational Vehicle Uses
- Solar Collectors, Commercial
- Solar Collectors, Personal
- Temporary Accommodations
- Utility and Transportation Uses, Minor
- Visitor Accommodations
b. DISCRETIONARY USES
-
Abattoir
- Agricultural Operations, Support Service
- Agricultural, Product Processing
- Animal Hospital and Shelter
- Auctioneering Establishment, Indoor
- Auctioneering Establishment, Outdoor
- Automotive and Equipment Sale, Repair,
Rental and Storage, Major
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Beaver County
- Breweries, Wineries, Distilleries
- Cannabis Production Facility
- Campground
- Commercial Green Houses and Plant
Nursery
- Commercial Storage
- Commercial Storage, Temporary
- Communal Living
- Custom Workshop
- Daycare Facility
- Dwelling, Accessory Unit (one)
- Equipment Rentals
- Farm and Industrial Machinery Sale, Rental,
and Service
- Food and Beverage Products
- Food Service, Mobile Catering
- Food Service, Restaurant
- Food Service, Specialty
- General Commercial Uses
- General Contractor Services
- Group Home, Major
- Highway Commercial Use
- Home Occupations, Type II
- Home Parks
- Institutional Uses (educational, medical,
religious, cultural, public administration and
other public uses)
- Kennel
- Landfills - Class III
- Local Industrial Uses
- Natural Resource Extraction Industry
- Other Similar and Compatible Uses
- Outdoor Sale and Storage
- Pet Care Service
- Pet Cemeteries
- Recreation, Intensive
- Recycling Depot
- Renewable and Alternate Energy Facility
- Signs
- Special Event Venue
- Storage Sites
- Supportive Housing
- Utility and Transportation Uses, Major
- Vehicle and Equipment Storage
- Veterinary Service
5.1.2.
Development regulations for development in the Agricultural District (A):
REGULATION
PROVISION
SITE DEVELOPMENT
Parcel Width (minimum)
7.5 m (24.6 ft)
PRINCIPAL BUILDING
Front and Flanking Yard Setback (minimum)
from centre line of a rural road
38.0 m (125.0 ft)
from centre line of a secondary road
63.7 m (209.0 ft)
from the centre line of a Highway
71.6 (235.0 ft)
Side Yard Setback (minimum)
6.1 m (20.0 ft)
Rear Yard Setback (minimum)
7.6 m (25.0 ft)
Building Height (maximum)
for dwellings
12.0 m (39.4 ft)
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Beaver County
REGULATION
PROVISION
ACCESSORY STRUCTURES
Front and Flanking Yard Setback (minimum)
Same as principal building regulations.
Side Yard Setback (minimum)
Rear Yard Setback (minimum)
Building Height (maximum)
NOTE: Reference other sections in this Bylaw for additional development regulations.
S U B D I V I S I O N R E G U L A T I O N S
5.1.3.
The maximum number of lots allowed to be subdivided from a quarter section in the Agricultural
District (A) shall be three (3), including the remnant parcel.
5.1.4.
Regardless of 5.1.3, where a lot is created by the fragmentation caused by road, railroad, or
watercourse, the lot shall be included in the total parcel count within a quarter section. Where a new
road, railroad, or watercourse results in fragmentation, the County may provide an exemption that
allows for more than two (2) single lots on the portion of the land.
5.1.5.
Additionally, regardless of 5.1.3, land subdivided for school sites, community halls, religious
assemblies, small scale utilities, cemeteries, shall be excluded from the total parcel count within a
quarter section.
5.1.6.
The future subdivision of the lot cannot occur unless:
a. a physical or natural feature fragment the lot; or
b. there is an amendment to the Municipal Development Plan providing the policy framework for the
redistricting of lands to a different use.
5.1.7.
Where a subdivision creates multi-lot subdivision a covenant shall be registered against the newly
subdivided lots and the remnant lot noting that further subdivision cannot occur.
5.1.8.
In determining the suitability of an application for a subdivision for a farmstead, fragmented parcel, or
undeveloped country residential site, the Subdivision Authority shall have regard for the following
criteria:
a. The policies for "Single Lot Separations for Country Residential Use" established in the Municipal
Development Plan.
b. A maximum of two (2) single lot country residential subdivisions per quarter section, as either a
farmstead, fragmented parcel, and/or an undeveloped country residential site, shall be allowed.
c. The area of the farmstead subdivision or undeveloped single lot country residential subdivision
shall not normally be more than 4.0 ha (10 ac). However, the Subdivision Authority may approve
a larger lot under the following circumstances:
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Beaver County
(i)
where the location of wells, dugouts, shelter belts, fences, farmstead buildings, watercourses
or other natural features makes it appropriate;
(ii) where the "squaring" off of the farmstead subdivision will form regular dimensions or will
make the farming operation on the balance of the quarter section more economically feasible;
(iii) where it can be shown by the applicant that a farming operation or specialty agricultural
operation can be viable; or
(iv) the regulatory requirements for surface sewage disposal as required by the Alberta Private
Sewage Disposal Regulations may be a reason for a larger farmstead lot.
5.1.9.
The waiver of the maximum 4.0 ha (10.0 ac) parcel size does not entitle the applicant/owner of the
subdivision to further subdivision of the lot in the future.
5.1.10.
A subdivision of a farmstead or undeveloped single lot country residential site may be permitted
provided that the proposed site meets the following conditions:
a. the site exhibits characteristics such as wells, dugouts, shelter belts, fences, ancillary farm
buildings, watercourses, or other natural features suitable for a single lot country residential use;
and
b. there is adequate physical road access to the lot.
5.1.11.
For fragmented parcels:
a. The minimum lot size shall be 0.4 ha (1.0 ac); and
b. No fragmentation to establish a separate lot shall be permitted unless:
(i)
the proposed lot has a suitable building site; and
(ii) there is adequate physical road access to the lot.
5.1.12.
Country residential uses may be permitted on fragmented parcels provided that, in addition to the
requirements of subsection 5.1.10(b) above, the proposed lot is not within the minimum distance
separation (MDS) of a confined feeding operation.
O T H E R R E G U L A T I O N S
5.1.13.
Based off the nature of the development permit application, the County may require the applicant to
enter into a road use agreement.
5.1.14.
In addition to the regulations listed above, permitted, and discretionary uses are subject to the
applicable regulations, provisions and requirements contained within the other sections of this Bylaw.
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Beaver County
5.2
Urban General District - UG
The general purpose of the Urban General District (UG) is to allow a wider variety of urban type
uses within the larger unincorporated hamlets of the County. Any future developments should be
in accordance with the urban expansion policies of the Municipal Development Plan and the
Community Plans for the Hamlets of Bruce and Kinsella. This district shall not contain a biomedical
waste facility.
5.2.1.
The following uses shall be permitted or discretionary, with or without conditions, provided the
application complies with the regulations in this district and this Bylaw:
a. PERMITTED USES:
- Accessory Building
- Accessory Use
- Community Recreation
- Dwelling, Semi Detached
- Dwelling, Single Detached
- Government Services
- Group Home, Minor
- Home Occupations, Home Office
- Home Occupations, Type I
- Manufactured/Mobile Homes
- Public Parks and Playgrounds
- Recreation, Extensive
- Recreational Vehicle Uses
- Solar Collectors, Personal
- Supportive Housing
- Utility and Transportation Uses, Minor
b. DISCRETIONARY USES
- Abattoir
- Accessory Storage Building
- Agricultural Operations, Commercial
- Agricultural Operations, Support Service
- Animal Hospital and Shelter
- Bed and Breakfast Establishment
- Breweries, Wineries, Distilleries
- Business Support Service
- Campground
- Cannabis Retail Sales
- Commercial School
- Communal Living
- Custom Workshop
- Daycare Facility
- Drive-thru Business
- Dwelling, Accessory Unit (one)
- Equestrian Facility and Rodeo Arena
- Equipment Rentals
- Food Service, Mobile Catering
- Food Service, Restaurant
- Food Service, Specialty
- General Commercial Uses
- General Contractor Services
- General Retail Stores
- Group Home, Major
- Highway Commercial Use
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Beaver County
- Home Occupations, Type II
- Home Parks
- Indoor Participant Recreation Uses
- Industrial, Light
- Institutional Uses (educational, medical,
religious, cultural, public administration and
other public uses)
- Liquor Retail Sales
- Local Industrial Uses
- Manufactured Home Parks
- Other Similar and Compatible Uses
- Personal Service Shops
- Pet Care Service
- Professional and/or Administrative Offices
- Recreation, Intensive
- Recycling Depot
- Signs
- Temporary Accommodations
- Veterinary Service
- Visitor Accommodations
5.2.2.
Development regulations for development in the Urban General District (UG):
REGULATION
PROVISION
SITE DEVELOPMENT
Parcel Area (minimum)
Unserviced
Water and Sewer Services
Sewer Service Only
Water Service Only
1,858.1 m2 (20,000 ft2)
557.4 m2 (6,000 ft2)
929.0 m2 (10,000 ft2)
1,393.5 m2 (15,000 ft2)
Parcel Width (minimum)
Unserviced
Water and Sewer Services
Sewer Service Only
Water Service Only
30.5 m (100 ft)
15.2 m (50 ft)
30.5 m (100 ft)
30.5 m (100 ft)
PRINCIPAL BUILDING
Front Yard Setback (minimum)
7.6 m (25.0 ft)
Flanking Yard Setback (minimum)
4.6 m (15.0 ft)
Side Yard Setback (minimum)
10% of the lot width, but not less than
1.5 m (5.0 ft) on each side
Rear Yard Setback (minimum)
7.6 m (25.0 ft)
Building Height (maximum)
12.0 m (39.4 ft)
ACCESSORY STRUCTURES
Front and Flanking Yard Setback (minimum)
Same as principal building regulations.
Side Yard Setback (minimum)
Rear Yard Setback (minimum)
Building Height (maximum)
4.9 m (16.1 ft)
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Beaver County
REGULATION
PROVISION
NOTE: Reference other sections in this Bylaw for additional development regulations.
G E N E R A L R E T A I L S T O R E S
5.2.3.
General retail stores in the Urban General District built adjacent to existing similar uses may be built
without front or side yards where there is an adjacent lane access. Where there is no lane access
one side yard of at least 4.6 m (15.0 ft) shall be provided.
5.2.4.
Regardless of subsection 5.2.3 above, general retail stores built adjacent to existing residential uses
must have a minimum side yard of 1.5 m (5.0 ft).
A C C E S S O R Y S T R U C T U R E S
5.2.5.
An accessory building shall not be used as a dwelling unless it meets all applicable National Building
Code standards, Alberta Safety Code standards, and/or CSA A277 certification for a permanent
dwelling, and a development permit is obtained.
5.2.6.
The siting of a detached garage or other accessory building shall be in accordance with Figure 1.
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Beaver County
▼
Figure 1: Accessory Structures in the Urban General District
Land Use Bylaw 24-1154
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Beaver County
5.2.7.
The siting of an accessory building on an irregular shaped lot shall be as required by the Development
Authority.
5.2.8.
Where a structure is attached to the principal building by a roof, an open or enclosed structure, a
floor, or a foundation, it is to be considered a part of the principal building and is not an accessory
building.
O T H E R R E G U L A T I O N S
5.2.9.
Based off the nature of the development permit application, the County may require the applicant to
enter into a road use agreement.
5.2.10.
In addition to the regulations listed above, permitted, and discretionary uses are subject to the
applicable regulations, provisions and requirements contained within the other sections of this Bylaw.
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Beaver County
5.3
Rural Commercial District - RC
The general purpose of the Rural Commercial District (RC) is to regulate the development of
commercial uses in accordance with the policies established in the Municipal Development Plan.
This district shall not contain a biomedical waste facility.
5.3.1.
The following uses shall be permitted or discretionary, with or without conditions, provided the
application complies with the regulations in this district and this Bylaw:
a. PERMITTED USES:
- Accessory Building
- Accessory Storage Building
- Accessory Use
- Agricultural Operations, Commercial
- Agricultural Operations, Support Service
- Agri-tourism
- Air Supported and Fabric Covered
Structures
- Automotive and Equipment Sale, Repair,
Rental, and Storage, Minor
- Breweries, Wineries, Distilleries
- Broadcasting Studio
- Business Support Service
- Cannabis Retail Sales
- Commercial Green Houses and Plant
Nursery
- Commercial School
- Commercial Storage
- Daycare Facility
- Drive-thru Business
- Equipment Rentals
- Food and Beverage Products
- Food Service, Mobile Catering
- Food Service, Restaurant
- Food Service, Specialty
- Funeral Services
- General Commercial Uses
- General Contractor Services
- General Retail Stores
- Government Services
- Highway Commercial Use
- Home Occupations, Home Office
- Home Occupations, Type I
- Indoor Participant Recreation Uses
- Institutional Uses (educational, medical,
religious, cultural, public administration and
other public uses)
- Liquor Retail Sales
- Outdoor Sale and Storage
- Personal Service Shops
- Pet Care Service
- Professional and/or Administrative Offices
- Public Parks and Playgrounds
- Recycling Depot
- Renewable and Alternate Energy Facility
- Residential/Security Caretaker Unit
- Solar Collectors, Personal
- Special Event Venue
- Utility and Transportation Uses, Minor
- Veterinary Service
- Warehouse Sales
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Beaver County
b. DISCRETIONARY USES
- Abattoir
- Agricultural Operations, Primary
- Agricultural Operations, Secondary
- Automotive and equipment sale, repair, and
storage, Major
- Bed and Breakfast Establishment
- Cannabis Production Facility
- Commercial Storage, Temporary
- Community Recreation
- Custom Workshop
- Dwelling, Accessory Unit (one)
- Dwelling, Single Detached
- Farm and Industrial Machinery Sale, Rental,
and Service
- Fleet Services
- Home Occupations, Type II
- Industrial, Light
- Local Industrial Uses
- Manufactured/Mobile Homes
- Other Similar and Compatible Uses
- Recreation, Intensive
- Signs
- Vehicle and Equipment Storage
- Visitor Accommodations
5.3.2.
Development regulations for development in the Rural Commercial District (RC):
REGULATION
PROVISION
SITE DEVELOPMENT
Parcel Area (minimum)
Unserviced
Water and Sewer Services
Sewer Service Only
Water Service Only
1,858.1 m2 (20,000 ft2)
557.4 m2 (6,000 ft2)
929.0 m2 (10,000 ft2)
1,393.5 m2 (15,000 ft2)
Parcel Width (minimum)
Unserviced
Water and Sewer Services
Sewer Service Only
Water Service Only
30.5 m (100 ft)
15.2 m (50 ft)
30.5 m (100 ft)
30.5 m (100 ft)
PRINCIPAL BUILDING
Front and Flanking Yard Setback (minimum)
7.6 m (25.0 ft)
from centre line of a rural road
38.0 m (125.0 ft ft)
from centre line of a secondary road
63.7 m (209.0 ft ft)
from the centre line of a Highway
71.6 (235.0 ft)
Side Yard Setback (minimum)
6.0 m (20.0 ft)
Rear Yard Setback (minimum)
3.0 m (10.0 ft)
Building Height (maximum)
12.0 (39.4 ft)
ACCESSORY STRUCTURES
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Beaver County
REGULATION
PROVISION
Front and Flanking Yard Setback (minimum)
Same as principal building regulations.
Side Yard Setback (minimum)
Rear Yard Setback (minimum)
Building Height (maximum)
NOTE: Reference other sections in this Bylaw for additional development regulations.
O T H E R R E G U L A T I O N S
5.3.3.
Based off the nature of the development permit application, the County may require the applicant to
enter into a road use agreement.
5.3.4.
In addition to the regulations listed above, permitted, and discretionary uses are subject to the
applicable regulations, provisions and requirements contained within the other sections of this Bylaw.
Land Use Bylaw 24-1154
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Beaver County
5.4
Rural Industrial District - RI
The general purpose of the Rural Industrial District (RI) is to regulate the development of those
industries which require large tracts of land, and which could have a significant impact on the
community and the environment, and which may not be appropriate within an urban district. This
district shall not contain a biomedical waste facility.
5.4.1.
The following uses shall be permitted or discretionary, with or without conditions, provided the
application complies with the regulations in this district and this Bylaw:
a. PERMITTED USES:
- Accessory Building
- Accessory Storage Building
- Accessory Use
- Agricultural Operations, Commercial
- Agricultural Operations, Primary
- Agricultural Operations, Secondary
- Agricultural Operations, Support Service
- Agricultural, Product Processing
- Air Supported and Fabric Covered
Structures
- Animal Hospital and Shelter
- Auctioneering Establishment, Indoor
- Auctioneering Establishment, Outdoor
- Automotive and Equipment Sale, Repair,
Rental, and Storage, Major
- Automotive and Equipment Sale, Repair,
Rental, and Storage, Minor
- Broadcasting Studio
- Business Support Service
- Cannabis Production Facility
- Commercial School
- Commercial Storage
- Commercial Storage, Temporary
- Custodial Quarters
- Custom Workshop
- Drive-thru Business
- Equipment Rentals
- Farm and Industrial Machinery Sale, Rental,
and Service
- Fleet Services
- Food and Beverage Products
- Food Service, Mobile Catering
- Funeral Services
- General Contractor Services
- Government Services
- Industrial, Light
- Kennel
- Local Industrial Uses
- Municipal Shop and Storage Yard
- Outdoor Sale and Storage
- Pet Care Service
- Professional and/or Administrative Offices
- Public Parks and Playgrounds
- Recycling Depot
- Renewable and Alternate Energy Facility
- Residential/Security Caretaker Unit
- Solar Collectors, Commercial
- Solar Collectors, Personal
- Utility and Transportation Uses, Minor
- Vehicle and Equipment Storage
- Warehouse Sales
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Beaver County
b. DISCRETIONARY USES
- Abattoir
- Breweries, Wineries, Distilleries
- Cannabis Cultivation
- Cannabis Retail Sales
- Community Recreation
- Food Service, Restaurant
- Food Service, Specialty
- Fuels and Chemicals Sale and Storage
- General Commercial Uses
- General Retail Stores
- Highway Commercial Use
- Indoor Participant Recreation Uses
- Industrial, Medium
- Institutional Uses (educational, medical,
religious, cultural, public administration and
other public uses)
- Landfills - Class III
- Liquor Retail Sales
- Natural Resource Extraction Industry
- Other Similar and Compatible Uses
- Personal Service Shops
- Recreation, Intensive
- Recycling Oil Depot
- Recycling Plants
- Signs
- Special Event Venue
- Storage Sites
- Utility and Transportation Uses, Major
- Veterinary Service
5.4.2.
Development regulations for development in the Rural Industrial District (RI):
REGULATION
PROVISION
SITE DEVELOPMENT
Parcel Area (minimum)
0.4 ha (1.0 ac)
Parcel Width (minimum)
7.6 m (25.0 ft)
PRINCIPAL BUILDING
Front and Flanking Yard Setback (minimum)
7.6 m (25.0 ft)
from centre line of a rural road
38.0 m (125.0 ft ft)
from centre line of a secondary road
63.7 m (209.0 ft ft)
from the centre line of a Highway
71.6 (235.0 ft)
Side Yard Setback (minimum)
6.0 m (20.0 ft)
Rear Yard Setback (minimum)
3.0 m (10.0 ft)
Building Height (maximum)
12.0 m (39.4 ft)
ACCESSORY STRUCTURES
Front and Flanking Yard Setback (minimum)
Same as principal building regulations.
Side Yard Setback (minimum)
Rear Yard Setback (minimum)
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Beaver County
REGULATION
PROVISION
Building Height (maximum)
Same as principal building regulations.
NOTE: Reference other sections in this Bylaw for additional development regulations.
O T H E R R E G U L A T I O N S
5.4.3.
Based off the nature of the development permit application, the County may require the applicant to
enter into a road use agreement.
5.4.4.
In addition to the regulations listed above, permitted, and discretionary uses are subject to the
applicable regulations, provisions and requirements contained within the other sections of this Bylaw.
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Beaver County
5.5
Tourism District - T
The general purpose of the Tourism District (T) is to provide opportunities for tourism -related
businesses and activities within the rural environment that promote the cultural, recreational, and
natural attractions of the county, while balancing impacts on non -tourism related activities. This
district shall not contain a biomedical waste facility.
5.5.1.
The following uses shall be permitted or discretionary, with or without conditions, provided the
application complies with the regulations in this district and this Bylaw:
a. PERMITTED USES:
- Accessory Building
- Accessory Storage Building
- Accessory Use
- Agricultural Operations, Primary
- Agricultural Operations, Value Added
- Agri-tourism
- Bed and Breakfast Establishment
- Breweries, Wineries, Distilleries
- Campground
- Commercial Green Houses and Plant
Nursery
- Dwelling, Single Detached
- Equestrian Facility and Rodeo Arena
- Food and Beverage Products
- Food Service, Mobile Catering
- Food Service, Restaurant
- Food Service, Specialty
- Indoor Participant Recreation Uses
- Liquor Retail Sales
- Manufactured/Mobile Homes
- Personal Service Shops
- Professional and/or Administrative Offices
- Public Parks and Playgrounds
- Recreation Vehicle Uses
- Residential/Security Caretaker Unit
- Solar Collectors, Personal
- Special Event Venue
- Temporary Accommodations
- Visitor Accommodations
b. DISCRETIONARY USES:
- Cannabis Cultivation
- Cannabis Retail Sales
- Community Recreation
- Custom Workshop
- Dwelling, Accessory Unit (one)
- General Commercial Uses
- General Retail Stores
- Home Parks
- Institutional Uses
- Other Similar and Compatible Uses
- Recreation, Intensive
- Recreation, Extensive
- Solar Collectors, Commercial
- Signs
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Beaver County
5.5.2.
Development regulations for development in the Tourism District (T):
REGULATION
PROVISION
SITE DEVELOPMENT
Parcel Area (minimum)
2.0 ha (4.9 ac)
Parcel Width (minimum)
7.5 m (24.6 ft)
PRINCIPAL BUILDING
Front and Flanking Yard Setback (minimum)
7.6 m (100.0 ft)
from centre line of a rural road
38.0 m (125.0 ft)
from centre line of a secondary road
63.7 m (209.0 ft)
from the centre line of a Highway
71.6 (235.0 ft)
Side Yard Setback (minimum)
6.0 m (20.0 ft)
Rear Yard Setback (minimum)
7.6 m (25.0 ft)
Building Height (maximum)
12.0 m (39.4 ft)
ACCESSORY STRUCTURES
Front and Flanking Yard Setback (minimum)
Same as principal building regulations.
Side Yard Setback (minimum)
Rear Yard Setback (minimum)
Building Height (maximum)
NOTE: Reference other sections in this Bylaw for additional development regulations.
A D D I T I O N A L D E V E L O P M E N T D E S I G N R E G U L A T I O N S
5.5.3.
Outdoor storage and display areas shall be integrated with site landscaping provisions to mitigate the
visual impact on adjacent lands, to the satisfaction of the Development Authority.
5.5.4.
All parking and loading areas shall be visually screened with solid fencing and/or landscaping in a
manner that would screen it from adjacent lands to the satisfaction of the Development Authority.
5.5.5.
Waste and recycling containers, and waste material shall be stored inside or visually screened with
solid fencing and/or landscaping in a manner that would screen it from adjacent lands to the
satisfaction of the Development Authority.
5.5.6.
If external audio equipment is provided, measures shall be taken to mitigate the impact of sound
extending beyond the target audience, including orienting speaker stacks positioned in a way that is
tilted downward.
5.5.7.
Provisions under subsection 7.20 Special Event Venues shall be applicable to all permitted and
discretionary uses in the Tourism District (T).
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Beaver County
A D D I T I O N A L D E V E L O P M E N T P E R M I T R E Q U I R E M E N T S
5.5.8.
On any application for development, the Development Authority shall, in addition to the requirements
in subsection 8.2 Development Permit Application Contents of this Bylaw, request the following
information be provided:
a. Detailed site plans drawn to scale,
b. Estimated water demand and anticipated source,
c. Anticipated transportation routes to be used by users,
d. Storage areas,
e. Landscaping details,
f. Hours of operation,
g. Plans proposed to mitigate such nuisance factors as:
(i)
dust,
(ii) odour,
(iii) visual appearance,
(iv) noise, and
(v) lighting,
h. and/or any such other information as may be reasonably required by the Development Authority.
5.5.9.
The Development Authority may impose conditions requiring that the applicant/developer implement
mitigating measures to reduce the nuisance factors listed in subsection 5.5.8.(g) above as items (i)
to (v).
O T H E R R E G U L A T I O N S
5.5.10.
In addition to the regulations listed above, permitted, and discretionary uses are subject to the
applicable regulations, provisions and requirements contained within the other sections of this Bylaw.
5.5.11.
Based off the nature of the development permit application, the County may require the applicant to
enter into a road use agreement.
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Beaver County
5.6
Country Residential District - CR
The general purpose of the Country Residential District (CR) is to regulate the development of
country residences in accordance with the policies set out in the Municipal Development Plan. In
all cases, the primary use of land will be residential in nature. Where a non -residential use is
approved, it will be developed in a manner that retains the residential character of the property
and surrounding land. This district shall not contain a biomedical waste facility.
5.6.1.
The following uses shall be permitted or discretionary, with or without conditions, provided the
application complies with the regulations in this district and this Bylaw:
a. PERMITTED USES:
- Accessory Building
- Accessory Use
- Community Recreation
- Dwelling, Single Detached
- Government Services
- Home Occupations, Type I
- Home Occupations, Home Office
- Manufactured/Mobile Homes
- Recreational Vehicle Uses
- Supportive Housing
- Solar Collectors, Personal
- Public Parks and Playgrounds
- Utility and Transportation Uses, Minor
b. DISCRETIONARY USES
- Accessory Storage Building
- Agricultural Operations, Primary
- Agricultural Operations, Value Added
- Agri-tourism
- Bed and Breakfast Establishment
- Campground
- Commercial Green Houses and Plant
Nursery
- Custom Workshop
- Daycare Facility
- Dwelling, Accessory Unit (one)
- Equestrian Facility and Rodeo Arena
- Food Service, Mobile Catering
- Food Service, Restaurant
- Food Service Specialty
- General Commercial Uses
- Group Home, Major
- Group Home, Minor
- Home Occupations, Type II
- Home Parks
- Institutional Uses (educational, medical,
religious, cultural, public administration and
other public uses)
- Kennel
- Local Industrial Uses
- Manufactured Home Parks
- Other Similar and Compatible Uses
- Recreation, Intensive
- Recycling Depot
- Signs
- Special Event Venue
- Storage Sites
Land Use Bylaw 24-1154
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Beaver County
- Temporary Accommodations
- Veterinary Service
- Visitor Accommodations
5.6.2.
Development regulations for development in the Country Residential District (CR):
REGULATION
PROVISION
SITE DEVELOPMENT
Parcel Area (minimum)
1.2 ha (3.0 ac)
Parcel Width (minimum)
7.6 m (25.0 ft)
PRINCIPAL BUILDING
Front and Flanking Yard Setback (minimum)
7.6 m (25.0 ft)
from centre line of a rural road
38.0 m (125.0 ft ft)
from centre line of a secondary road
63.7 m (209.0 ft ft)
from the centre line of a Highway
71.6 (235.0 ft)
Side Yard Setback (minimum)
6.1 m (20.0 ft)
Rear Yard Setback (minimum)
7.6 m (25.0 ft)
Building Height (maximum)
At the discretion of the Development
Authority.
ACCESSORY STRUCTURES
Front and Flanking Yard Setback (minimum)
Same as principal building setbacks.
Side Yard Setback (minimum)
Rear Yard Setback (minimum)
Building Height (maximum)
Building Area of Accessory Buildings and Accessory
Storage Buildings (maximum)
223 m2 (2,400 ft2)
NOTE: Reference other sections in this Bylaw for additional development regulations.
A C C E S S O R Y B U I L D I N G S
5.6.3.
Accessory storage buildings on residential lots may be allowed prior to construction of a residence
but must be of a residential nature. Exterior finish will be consistent with the proposed principal
building and the form and character of the residential and accessory buildings in the surrounding
neighbourhood. Examples include a garage or other enclosed building to store materials related to
the construction of a residence or to store equipment related to the residential use of a property (e.g.,
tools, lawn mowers, recreational vehicles, etc.).
M U L T I - L O T S U B D I V I S I O N S
5.6.4.
Where a site is fully or partially treed, all possible means should be undertaken to retain the maximum
amount of tree cover, subject to the application of FireSmart principles.
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Beaver County
5.6.5.
The carrying capacity of the land proposed for subdivision and development must consider site
conditions, environmental impacts, suitability and availability of municipal services and infrastructure,
and other applicable factors.
5.6.6.
Development adjacent to a municipal water and/or sewer system will be constructed with the
necessary infrastructure to connect to the municipal utility system.
5.6.7.
Country residential lots may be clustered or grouped to reduce potential land use conflicts, minimize
service costs, and preserve environmentally sensitive areas, however each lot must contain a
development envelope appropriate for the proposed utility servicing.
5.6.8.
Internal road standards will be of a quality equal to, or higher than, the road to which it is linked. For
example, where internal roads link to a hard-surfaced road, the internal roads will be constructed and
hard surfaced to County standards. Where internal roads link to a gravel road, internal roads will be
constructed and may be graveled or hard-surfaced to County standards.
5.6.9.
The County will support alternative building methods which meet the National Building Code to
encourage the development of more sustainable housing projects including, but not limited to,
methods that reduce energy use and increase water efficiency through such elements as xeriscaping,
innovative individual wastewater technologies, water use reduction, and solar or geothermal heating.
5.6.10.
Multi-lot subdivision proposals may be required to implement wildfire mitigation measures as
contained in the Partners in Protection Program, FireSmart: Protecting Your Community from Wildfire.
5.6.11.
Mitigation measures include the following:
a. buildings should be located, designed, and constructed in a manner to minimize the possibility of
ignition from a wildfire and to minimize the spread of a structural fire to the surrounding wildland;
b. new development should utilize fire retardant roofing and exterior wall materials such as, but not
limited to, tile, metal or asphalt shingles (for roofs) and stucco, stone veneer, cement fiber, wood
clapboard, brick, engineered wood, aluminum and seamless steel (for exterior walls).
c. Wooden shakes and shingles should not be used as roofing material and vinyl siding should not
be used on any new structure.
5.6.12.
The minimum lot sizes in a multi-lot subdivision in the Ministik Buffer Area as identified in the MDP
shall be 16.2 ha (40 ac). Except in extraordinary circumstances, each lot should be generally equal
in length and width.
O T H E R R E G U L A T I O N S
5.6.13.
Personal recreational vehicles (quads, motorcycles, boats, camping trailers, motor homes, etc.) may
be stored on country residential lots unless they are in disrepair and/or unduly interfere with the
enjoyment of neighbouring properties.
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Beaver County
5.6.14.
No commercial storage will be allowed within the Country Residential District.
5.6.15.
Based off the nature of the development permit application, the County may require the applicant to
enter into a road use agreement.
5.6.16.
In addition to the regulations listed above, permitted, and discretionary uses are subject to the
applicable regulations, provisions and requirements contained within the other sections of this Bylaw.
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Beaver County
5.7
Landfill and Composting District - LC
The general purpose of the Landfill and Composting District (LC) is to regulate landfill and
composting development within the County. The interpretation of definitions of uses in this district
shall be consistent with their use in the Alberta Environmental Protection and Enhancement Act,
and the Waste Control Regulation made under that Act. This district shall not contain a biomedical
waste facility.
5.7.1.
The following uses shall be permitted or discretionary in the Landfill and Composting district, with or
without conditions, provided the application complies with the regulations in this Bylaw and to the
satisfaction of the Development Authority:
a. PERMITTED USES:
- Accessory Building
- Accessory Storage Building
- Accessory Use
- Air Supported and Fabric Covered
Structures
- Compost Facilities - Class I
- Compost Facilities - Class II
- Landfills - Class II
- Landfills - Class III
- Municipal Shop and Storage Yard
- Recycling Plants
- Renewable and Alternate Energy Facility
- Solar Collectors, Commercial
- Solar Collectors, Personal
- Storage Sites
- Utility and Transportation Uses, Minor
b. DISCRETIONARY USES
- Industrial, Heavy
- Landfills - Class I
- Oilfield Waste Related Facilities
- Other Similar and Compatible Uses
- Signs
- Utility and Transportation Uses, Major
P R O C E D U R E F O R D E V E L O P M E N T
5.7.2.
Prior to a decision on any application, the developer shall obtain operating approval from Provincial
Authorities.
5.7.3.
When an application for a development permit in the Landfill and Composting District has been
received, the Development Authority shall advise in writing, by regular mail, the adjacent landowners
for all uses. The Development Authority may consider comments from the adjacent landowners and
any other agencies whose interest or jurisdiction may be affected.
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Beaver County
5.7.4.
On any application for development, the Development Authority shall, in addition to the requirements
in subsection 8.2 Development Permit Application Contents of this Bylaw, request the following
information be provided:
a. Construction and engineering blueprints,
b. Site plans drawn to scale,
c. Estimated water demand and anticipated source,
d. Transportation routes to be used (rail and road),
e. Any accessory works required (pipeline, railway, spurs, etc.),
f. Storage facilities and nature of goods to be stored,
g. Landscaping details,
h. Hours of operation,
i. Plans proposed to mitigate such nuisance factors as:
(i)
blowing litter,
(ii) dust,
(iii) excessive noise,
(iv) odour,
(v) debris carried by trucks onto adjacent public roads, and
(vi) damage to adjacent public roads,
j. A contribution to the costs incurred by the County for any such damage to public roads,
k. A process by which members of the public who may be concerned about the operation of the
landfill have access to all public documents (other than of a financial nature) respecting the
operation of the landfill,
l. and/or any such other information as may be reasonably required by the Development Authority.
5.7.5.
The Development Authority may require an Environmental Impact Assessment be prepared by the
applicant, at the applicant's cost, where there is uncertainty as to potential impacts or potential
significant risk from the proposed development.
5.7.6.
The Development Authority may, without in any way restricting their discretion, impose conditions
requiring that the applicant/developer:
a. implement the mitigating actions to reduce the factors listed in subsection 5.7.4(i) above as items
(i) to (v);
b. provide the contribution to costs indicated in subsection 5.7.4(j) above; and
c. implement the recommendations of the Environmental Impact Assessment indicated in
subsection 5.7.4 above to minimize the impact or risk from the proposed development.
5.7.7.
All other regulations and requirements in the Landfill and Composting District shall be established at
the discretion of the Development Authority.
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5.7.8.
Based off the nature of the development permit application, the County may require the applicant to
enter into a road use agreement.
5.7.9.
In addition to the regulations listed above, permitted, and discretionary uses are subject to the
applicable regulations, provisions and requirements contained within the other sections of this Bylaw.
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5.8
Low Impact Eco-Friendly Industrial District - IE
The general purpose of the Low Impact Eco-Friendly Industrial District (IE) is to conserve and
enhance the natural function of ecosystem processes while allowing for limited development of low
impact uses that promote sustainability. Wetland function will be maintained and/or enhanced
while allowing alternate renewable energy gene ration methods such as solar collectors and solar
farms. This district shall not contain a biomedical waste facility.
5.8.1.
The following uses shall be permitted or discretionary in the Low Impact Eco-Friendly Industrial
district, with or without conditions, provided the application complies with the regulations in this
district and this Bylaw:
a. PERMITTED USES:
- Accessory Building
- Accessory Storage Building
- Accessory Use
- Automotive and Equipment Sale, Repair,
Rental, and Storage, Minor
- Business Support Service
- Commercial Green Houses and Plant
Nursery
- Commercial Storage
- Custodial Quarters
- Custom Workshop
- Fleet Services
- Food and Beverage Products
- Food Service, Mobile Catering
- Food Service, Restaurant
- Funeral Services
- General Retail Stores
- Government Services
- Indoor Participant Recreation Uses
- Industrial, Light
- Municipal Shop and Storage Yard
- Outdoor Sale and Storage
- Professional and/or Administrative Offices
- Public Parks and Playgrounds
- Recreation, Extensive
- Renewable and Alternate Energy Facility
- Residential/ Security Caretaker Unit
- Solar Collectors, Commercial
- Solar Collectors, Personal
- Utility and Transportation Uses, Minor
b. DISCRETIONARY USES
- Agricultural Operations, Primary
- Agricultural Operations, Secondary
- Agricultural Operations, Support Service
- Agricultural, Product Processing
- Air Supported and Fabric Covered
Structures
- Animal Hospital and Shelter
- Auctioneering Establishment, Indoor
- Auctioneering Establishment, Outdoor
- Automotive and Equipment Sale, Repair,
Rental, and Storage, Major
- Broadcasting Studio
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- Cannabis Cultivation
- Cannabis Production Facility
- Cannabis Retail Sales
- Commercial School
- Commercial Storage, Temporary
- Community Recreation
- Drive-thru Business
- Farm and Industrial Machinery Sale, Rental,
and Service
- Food Service, Specialty
- General Commercial Uses
- Highway Commercial Use
- Industrial, Medium
- Institutional Uses (educational, medical,
religious, cultural, public administration and
other public uses)
- Liquor Retail Sales
- Other Similar and Compatible Uses
- Recycling Depot
- Signs
- Special Event Venue
- Utility and Transportation Uses, Major
- Vehicle and Equipment Storage
- Veterinary Service
5.8.2.
Development regulations for development in the Low Impact Eco-Friendly Industrial district (IE):
REGULATION
PROVISION
SITE DEVELOPMENT
Parcel Area (minimum)
500 m2 (5,382 ft2)
Parcel Width (minimum)
7.5 m (24.6 ft)
PRINCIPAL BUILDING
Front and Flanking Yard Setback (minimum)
from centre line of a rural road
38.0 m (125.0 ft ft)
from centre line of a secondary road
63.7 m (209.0 ft ft)
from the centre line of a Highway
71.6 (235.0 ft)
Side Yard Setback (minimum)
If bordering the Low Impact Eco-
Friendly Industrial district, Medium
Industrial district or the Business/Light
Industrial district, no setback.
When bordering all other districts, 7.5
m (24.6 ft).
Rear Yard Setback (minimum)
Building Height (maximum)
At the discretion of the Development
Authority.
ACCESSORY STRUCTURES
Front and Flanking Yard Setback (minimum)
Same as principal building regulations.
Side Yard Setback (minimum)
Rear Yard Setback (minimum)
Building Height (maximum)
NOTE: Reference other sections in this Bylaw for additional development regulations.
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O T H E R R E G U L A T I O N S
5.8.3.
Based off the nature of the development permit application, the County may require the applicant to
enter into a road use agreement.
5.8.4.
In addition to the regulations listed above, permitted and discretionary uses are subject to the
applicable regulations, provisions and requirements contained within the other sections of this Bylaw.
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5.9
Business/Light Industrial District - IL
The general purpose of the Business/Light Industrial District (IL) is to provide for light and business
industrial uses that do not adversely affect adjacent land uses or cause any external,
objectionable, or dangerous conditions outside of any building or the industrial business site. This
district is typically applied to sites adjacent to roadways on the periphery of industrial areas or on
arterial or collector roadways within an industrial area servicing as a buffer to heavier industrial
land uses. This district shall not contain a biomedical waste facility.
5.9.1.
The following uses shall be permitted or discretionary in the Business/Light Industrial district, with or
without conditions, provided the application complies with the regulations in this district and this
Bylaw:
a. PERMITTED USES:
- Accessory Building
- Accessory Storage Building
- Accessory Use
- Air Supported and Fabric Covered
Structures
- Auctioneering Establishment, Indoor
- Automotive and Equipment Sale, Repair,
Rental, and Storage, Minor
- Breweries, Wineries, Distilleries
- Broadcasting Studio
- Business Support Service
- Cannabis Retail Sales
- Commercial Green Houses and Plant
Nursery
- Commercial School
- Commercial Storage
- Custodial Quarters
- Custom Workshop
- Daycare Facility
- Drive-thru Business
- Equipment Rentals
- Fleet Services
- Food and Beverage Products
- Food Service, Mobile Catering
- Food Service, Restaurant
- Food Service, Specialty
- Funeral Services
- General Commercial Uses
- General Contractor Services
- General Retail Stores
- Government Services
- Highway Commercial Use
- Industrial, Light
- Institutional Uses (educational, medical,
religious, cultural, public administration and
other public uses)
- Liquor Retail Sales
- Local Industrial Uses
- Municipal Shop and Storage Yard
- Outdoor Sale and Storage
- Personal Service Shops
- Pet Care Service
- Professional and/or Administrative Offices
- Public Parks and Playgrounds
- Recycling Depot
- Renewable and Alternate Energy Facility
- Residential/ Security Caretaker Unit
- Solar Collectors, Personal
- Utility and Transportation Uses, Minor
- Veterinary Service
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- Warehouse Sales
b. DISCRETIONARY USES
- Agricultural Operations, Commercial
- Agricultural Operations, Primary
- Agricultural Operations, Secondary
- Agricultural Operations, Support Service
- Agricultural, Product Processing
- Animal Hospital and Shelter
- Automotive and Equipment Sale, Repair,
Rental, and Storage, Major
- Auctioneering Establishment, Outdoor
- Cannabis Cultivation
- Cannabis Production Facility
- Commercial Storage, Temporary
- Community Recreation
- Farm and Industrial Machinery Sale, Rental,
and Service
- Indoor Participant Recreation Uses
- Industrial, Medium
- Other Similar and Compatible Uses
- Signs
- Special Event Venue
- Utility and Transportation Uses, Major
- Vehicle and Equipment Storage
- Visitor Accommodations
5.9.2.
Development regulations for development in the Business/Light Industrial district (IL):
REGULATION
PROVISION
SITE DEVELOPMENT
Parcel Area (minimum)
500 m2 (5,382 ft2)
Parcel Width (minimum)
7.5 m (24.6 ft)
PRINCIPAL BUILDING
Front and Flanking Yard Setback (minimum)
3.0 m (9.8 ft)
from centre line of a rural road
38.0 m (125.0 ft ft)
from centre line of a secondary road
63.7 m (209.0 ft ft)
from the centre line of a Highway
71.6 (235.0 ft)
Side Yard Setback (minimum)
If bordering the Medium Industrial
district or the Business/Light Industrial
district, no setback.
When bordering all other districts, 7.5
m (24.6 ft).
Rear Yard Setback (minimum)
Building Height (maximum)
12.0 m (39.4 ft)
ACCESSORY STRUCTURES
Front and Flanking Yard Setback (minimum)
Same as principal building regulations.
Side Yard Setback (minimum)
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REGULATION
PROVISION
Rear Yard Setback (minimum)
Building Height (maximum)
NOTE: Reference other sections in this Bylaw for additional development regulations.
O T H E R R E G U L A T I O N S
5.9.3.
Based off the nature of the development permit application, the County may require the applicant to
enter into a road use agreement.
5.9.4.
In addition to the regulations listed above, permitted, and discretionary uses are subject to the
applicable regulations, provisions and requirements contained within the other sections of this Bylaw.
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5.10 Medium Industrial District - IM
The general purpose of the Medium Industrial District (IM) is to provide for a variety of general
industrial uses including warehousing, manufacturing, assembling and fabricating activities and
other industrial land uses which may require an outside storage component necessary to the
operation of the business. This district may also contain large scale or specialized operations,
where there are no significant external, objectionable, or dangerous conditions beyond the outer
limits of the site. This district shall not contain a biomedical waste facility.
5.10.1.
The following uses shall be permitted or discretionary in the Medium Industrial district, with or without
conditions, provided the application complies with the regulations in this district and this Bylaw:
a. PERMITTED USES:
- Accessory Building
- Accessory Storage Building
- Accessory Use
- Agricultural Operations, Commercial
- Agricultural Operations, Secondary
- Agricultural Operations, Support Service
- Agricultural, Product Processing
- Air Supported and Fabric Covered
Structures
- Animal Hospital and Shelter
- Automotive and Equipment Sale, Repair,
Rental, and Storage, Major
- Automotive and Equipment Sale, Repair,
Rental, and Storage, Minor
- Auctioneering Establishment, Indoor
- Auctioneering Establishment, Outdoor
- Business Support Service
- Cannabis Cultivation
- Cannabis Production Facility
- Commercial Storage
- Commercial Storage, Temporary
- Custodial Quarters
- Custom Workshop
- Drive-thru Business
- Farm and Industrial Machinery Sale, Rental,
and Service
- General Contractor Services
- Government Services
- Industrial, Light
- Industrial, Medium
- Kennel
- Municipal Shop and Storage Yard
- Outdoor Sale and Storage
- Pet Care Service
- Professional and/or Administrative Offices
- Public Parks and Playgrounds
- Recycling Depot
- Renewable and Alternate Energy Facility
- Residential/ Security Caretaker Unit
- Solar Collectors, Commercial
- Solar Collectors, Personal
- Utility and Transportation Uses, Minor
- Vehicle and Equipment Storage
- Veterinary Service
- Warehouse Sales
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b. DISCRETIONARY USES
- Agricultural Operations, Primary
- Breweries, Wineries, Distilleries
- Broadcasting Studio
- Cannabis Retail Sales
- Community Recreation
- Equipment Rentals
- Fleet Services
- Food and Beverage Products
- Food Service, Mobile Catering
- Food Service, Restaurant
- Food Service, Specialty
- Fuels and Chemicals Sale and Storage
- General Retail Stores
- Highway Commercial Use
- Industrial, Heavy
- Liquor Retail Sales
- Natural Resource Extraction Industry
- Other Similar and Compatible Uses
- Recycling Oil Depot
- Recycling Plants
- Signs
- Storage Sites
- Utility and Transportation Uses, Major
5.10.2.
Development regulations for development in the Medium Industrial district (IM):
REGULATION
PROVISION
SITE DEVELOPMENT
Parcel Area (minimum)
500 m2 (5,382 ft2)
Parcel Width (minimum)
7.5 m (24.6 ft)
PRINCIPAL BUILDING
Front and Flanking Yard Setback (minimum)
3.0 m (9.8 ft)
from centre line of a rural road
38.0 m (125.0 ft)
from centre line of a secondary road
63.7 m (209.0 ft)
from the centre line of a Highway
71.6 (235.0 ft)
Side Yard Setback (minimum)
If bordering the Medium Industrial
district, no setback.
When bordering all other districts, 7.5
m (24.6 ft)
Rear Yard Setback (minimum)
Building Height (maximum)
No maximum
REGULATION
PROVISION
ACCESSORY STRUCTURES
Front and Flanking Yard Setback (minimum)
Same as principal building regulations.
Side Yard Setback (minimum)
Rear Yard Setback (minimum)
Building Height (maximum)
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REGULATION
PROVISION
NOTE: Reference other sections in this Bylaw for additional development regulations.
O T H E R R E G U L A T I O N S
5.10.3.
Based off the nature of the development permit application, the County may require the applicant to
enter into a road use agreement.
5.10.4.
In addition to the regulations listed above, permitted, and discretionary uses are subject to the
applicable regulations, provisions and requirements contained within the other sections of this Bylaw.
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5.11 Crown Lands District - CL
The general purpose of the Crown Lands District (CL) is to provide the County the opportunity to
provide input on the potential impact of land uses and development on those lands governed and
managed by the Crown and enter into agreements when the County's infrastructure is impacted
by those uses. This district shall not contain a biomedical waste facility.
5.11.1.
All uses in the Crown Lands District shall be determined by provincial or federal agencies with input
from the County.
5.11.2.
All regulations in the Crown Lands District shall be at the discretion of the Development Authority and
shall be determined in collaboration with the appropriate provincial or federal department(s) and the
applicant.
5.11.3.
If the development leverages municipal roadways for access, the County may require that the
applicant enter into a road use agreement.
5.11.4.
If the development leverages any other County infrastructure, the applicant may be required to enter
into an agreement with the County for the use of the infrastructure.
5.11.5.
If the Crown sells the land to another entity where it is no longer considered Crown Land, the owner
will be required to amend this Bylaw to redistrict the lands to the appropriate district that meets the
existing use or proposed use.
5.11.6.
If the Crown signs a long-term lease agreement (20+ years) with an applicant, the County shall align
the use with the appropriate district and apply the applicable regulations of that district. The lands
shall be redistricted accordingly.
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5.12 Direct Control - DC
The purpose of the Direct Control District (DC) is to enable Council to exercise particular control
over the use and development of land and buildings in any such manner as Council may consider
necessary.
5.12.1.
In those areas shown as Direct Control on the Land Use District Maps, Council may, subject to the
Municipal Development Plan, regulate and control the use or development of land or buildings in any
manner it considers necessary.
5.12.2.
The Direct Control Districts shall only be applied to an area or parcel to regulate a specific proposed
development under the following circumstances:
a. The proposed development exceeds the development provisions of the closest equivalent
conventional district;
b. The proposed development requires specific comprehensive regulations to ensure land use
conflicts with surrounding properties are minimized;
c. The site for the proposed development has unique characteristics that require specific regulations;
or
d. The ongoing operation of the proposed development requires specific regulations.
L A N D U S E A M E N D M E N T A P P L I C A T I O N S A N D S T A N D A R D S
5.12.3.
The applicant shall submit a site plan and a written description explaining why the Direct Control
District is warranted to the satisfaction of the Development Authority. The site plan shall be appended
to the Direct Control Bylaw, and development shall generally conform to the Plan.
5.12.4.
A public hearing on the application will be held in accordance with the MGA to receive input from the
applicant and affected landowners. The public hearing shall be advertised at least two (2) weeks prior
to the hearing date, a sign shall be posted on the subject property describing the amendment, and
adjacent landowners will be notified of the amendment.
5.12.5.
All Land Use Bylaw Regulations of general application shall apply to the Direct Control District unless
such Regulations are specifically excluded or modified by Council.
A D D I T I O N A L R E G U L A T I O N S
5.12.6.
Uses allowed shall be at the discretion of Council.
5.12.7.
All development regulations shall be at the discretion of Council.
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5.12.8.
This District should not be used in substitution for any other District that could be used to achieve the
same objective either with or without variances or relaxations of this Bylaw or to regulate matters
typically addressed through Subdivision or Development Permit approval conditions.
D E V E L O P M E N T A P P L I C A T I O N D E C I S I O N S
5.12.9.
All development applications within a Direct Control District shall be referred to Council or Council's
delegate(s) for a decision. The Council may impose any conditions which may be deemed necessary
to minimize conflicts with neighboring properties.
5.12.10. If the development application is minor in nature and does not change the intent of the original Land
Use Amendment Application, Council may waive the public hearing requirement in accordance with
Section 692(6) of the MGA.
5.12.11. The Development Officer shall issue a development permit in accordance with the Council decision
as if it were a Permitted Use.
5.12.12. There is no appeal of a development permit within a Direct Control District unless the Development
Authority did not follow statutory procedure when issuing a decision in accordance with the MGA.
5.12.13. Any future changes in use or change in size to the building or structure will require the approval of
Council.
5.13 Airport Protection Overlay
5.13.1.
The purpose of the Airport Protection Overlay is to regulate and control the use and development of
land and buildings adjacent to, or in the vicinity of, the Airports to ensure compatibility between Airport
operations and development within the Airport Protection Overlay boundary.
5.13.2.
Within the areas shown in Schedule A: Airport Protection Overlay, the Development Authority shall
consider the potential impact of any proposed development over 10.0 m (32.8 ft.) in height on the
operations of the airport. Conditions of any approval may take the potential impact into account.
5.13.3.
No person shall use or develop, or permit another person to use or develop land in a manner that
causes interference with any signal or communication:
a. to or from an aircraft; or
b. to or from any facility used to provide services to aeronautics.
5.13.4.
If a development permit application is made for a development located within the Airport Protection
Overlay, the Development Authority may request the applicant to provide data and information, from
a qualified company and/or individual, on the impact of the proposed development on any signal or
communication:
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a. to or from an aircraft; or
b. to or from any facility used to provide services to aeronautics.
5.13.5.
No person shall use or develop or permit another person to use or develop lands in any way that may
attract wildlife, particularly birds, that may create a hazard for aviation safety. Stormwater management
should use dry ponds versus wet ponds within the overlay area outlined in Schedule A.
5.14 Landfill Setback Overlay
5.14.1.
The purpose of the Landfill Overlay is to regulate and control the use and development of land and
buildings adjacent to, or in the vicinity of, waste facilities to achieve compatibility between uses.
5.14.2.
Within the areas shown in Schedule B: Landfill Setback Overlay, the Development Authority shall
consider the potential non-compatibility of proposed land uses, specifically those outlined in
subsection 6.4 Development Near Landfills, and otherwise regulated by provincial or federal
authorities.
5.15 Sanitary Facilities Overlay
5.15.1.
The purpose of the Sanitary Facilities Overlay is to regulate and control the use and development of
land and buildings adjacent to, or in the vicinity of, Sanitary Facilities to achieve compatibility.
5.15.2.
Where areas shown in Schedule C: Sanitary Facilities Overlay, the Development Authority shall
consider the potential non-compatibility of proposed land uses, specifically those outlined in
subsection 6.7 Development Near Sanitary Facilities and otherwise regulated by provincial or federal
authorities.
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6.0 General Regulations
6.1
Access and Parking
6.1.1.
In all districts, approaches and exits onto public roadways shall only be permitted at locations
approved by the Development Authority (see subsection 6.3 Development Near Highways,
Secondary, and Rural Roads).
6.1.2.
No parking on municipal roads is permitted in the County, unless explicit consent has been provided
by the Development Authority.
6.1.3.
A parking space shall not be less than 2.5 m (8.5 ft) in width nor less than 5.5 m (18.0 ft) in length
and shall be located on the same lot as the principal building or use.
6.1.4.
Unless otherwise approved by the Development Authority, a loading space shall be located on the
same lot as the principal building or use.
6.1.5.
In all districts, if not otherwise provided for, in regulating the facilities for off-street parking, the owner
of the land to be developed may, subject to the approval of the Development Authority, provide the
required off-street parking on land other than that to be developed.
6.2
Development Near Confined Feeding Operations
6.2.1.
Confined feeding operations are regulated by the Natural Resources Conservation Board in
accordance with provincial regulations and are exempt from municipal control under this Bylaw.
6.2.2.
Regardless of subsection 6.2.1 above, confined feeding operations shall be consistent with applicable
policies from the Municipal Development Plan and the Minimum Distance Separation (MDS) under
the provincial regulations.
6.2.3.
Development adjacent to confined feeding operations shall follow all minimum setback requirements
as prescribed by provincial legislation and applicable regulation. The Development Authority shall
restrict the development of incompatible land uses adjacent to confined feeding operations and shall
ensure that an appropriate setback based on the Minimum Distance Separation (MDS) formula is
maintained.
6.2.4.
Upon receipt of a development or subdivision application for a non-intensive agricultural use or a non-
agricultural use within the Agricultural District, the Development Authority shall:
a. plot the location of the proposed development on the most recent available land use map showing
the location of known confined feeding operations;
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b. determine whether there are any existing confined feeding operations within 1,000 m (3,280 ft) of
the proposed development;
c. where an apparent conflict is present, attempt to make contact with the operator of the confined
feeding operation to determine the current operational status of the facility and to advise of the
proposed development;
d. where potential conflict appears likely, undertake a site inspection to determine the capacity of
the confined feeding operation and the separation distance from the proposed development in
accordance with the procedures established pursuant to the current version of the Agricultural
Operations Practices Act, Part 2 Livestock and Manure; and
e. calculate the Minimum Distance Separation (MDS) for Non-Agricultural Development.
6.3
Development Near Highways, Secondary, and Rural
Roads
6.3.1.
No development permit shall be issued for development within 1.6 km (1.0 mi) of the boundary of the
right-of-way of a highway until a permit under regulations made in accordance with the Public
Highways Development Act, has been issued by the appropriate provincial authority.
6.3.2.
Standard Development Setback
a. No development may occur within 71.6 m (235 ft) of the centre line of a highway right-of way.
b. No development may occur within 63.7 m (209 ft) of the centre line of a secondary road right-of-
way.
c. No development may occur within 38.0 m (125 ft) of the centre line of a rural road right-of-way.
6.3.3.
Development Setback at Intersections and Curves
a. At the intersection of a secondary road with a rural road, no development shall be permitted within
the areas as illustrated in Figure 2.
b. At the intersection to two secondary roads, no development shall be permitted within the area as
illustrated in Figure 3.
c. Where a secondary road intersects a highway, all regulations pertaining to development adjacent
to the highway shall apply to development adjacent to the secondary road where it intersects.
d. In the inside of a road curve, no development shall be permitted within the areas as illustrated in
Figure 4.
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▼
Figure 2: Intersection between secondary and rural roads
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Figure 3: Intersection between two secondary roads
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▼
Figure 4:Degree of curvature greater than 20 degrees
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▼
Figure 5: Intersection between rural roads and internal roads
6.3.4.
Access/Egress Setback (As illustrated in Figures 2, 3 and 4)
a. No vehicle access/egress may be located within 304.8 m (1000 ft) of the intersection of two
highways.
b. No vehicle access/egress may be located within 304.8 m (1000 ft) of the intersection of a highway
and a secondary road.
c. No vehicle access/egress may be located on a secondary road within 152.4 m (500 ft) of the
intersection of a secondary road and a rural road.
d. No vehicle access/egress may be located on a rural road within 91.4 m (300 ft) of the intersection
of a rural road and a secondary road.
e. No access/egress to a secondary road shall be located within 152.4 m (500 ft) of the beginning
or end of a road curve of greater than 20 degrees unless in the opinion of the Development
Authority it would not pose a traffic safety problem or impede visibility.
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6.3.5.
No buildings, fences, trees, haystacks, or other structures that obscure visibility shall be permitted at
the intersection of two rural roads as indicated in Figure 6.
▼
Figure 6: Location of buildings at rural road intersections
6.3.6.
Access/egress to a secondary road shall not be permitted where it would be:
a. less than 152.4 m (500 ft) from an existing access/egress on the same side of the road;
b. less than 152.4 m (500 ft) from a bridge;
c. less than 152.4 m (500 ft) from an at-grade railway crossing;
d. at a point where the gradient of the road is in excess of three (3%) percent when the existing
surveyed road has been constructed to secondary road standards; in the case of an existing
surveyed road not constructed to secondary road standards access/egress will be permitted only
if construction to secondary road standards is expected within two years and the grade will then
be less than three (3%) percent.
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6.3.7.
The dumping of rocks and/or any other refuse within any road right-of-way is prohibited.
6.3.8.
Alberta Transportation approval will be required for all development permit applications within 300 m
(984.3 ft) of a provincial highway boundary or within 800 m (2,624.7 ft) of the centre point of an
intersection of a provincial highway with another County-road before the Development Authority can
make a decision on the application.
6.4
Development Near Landfills
6.4.1.
The construction of landfills shall comply with all applicable provincial regulations and Alberta Safety
Codes Act and standards.
6.4.2.
Development adjacent to landfills requires special consideration. The provincial department
responsible for regulating the standards and requirements for landfills in Alberta requires the following
setback distances:
a. Operating Landfill - the setback distance from a residence, school, hospital, food establishment
or water well for human consumption is 450.0 m (1,476.4 ft).
b. Non-operating Landfill and Waste Storage Sites - the setback distance from a residence, school,
hospital, or food establishment is 300.0 m (984.3 ft).
6.4.3.
Hazardous Waste Management Facility - the setback distance from a residence, school, hospital,
food establishment, or water well for human consumption is 450.0 m (1,476.4 ft).
6.5
Development Near Oil and Gas Wells, and Sour Gas
Facilities
6.5.1.
Both the Subdivision and Development Authorities shall ensure that the setbacks around well sites
will allow for the maintenance of the well site to occur, to protect the well site and to avoid damage
to any construction or excavation equipment that may be used in construction of buildings or utilities
on the site. Incorporating the setbacks and access area associated with a well site, into a subdivision
and development decision will help to determine an effective subdivision design, the location of
building sites, siting of underground utilities and grading of land.
6.5.2.
Both the Subdivision and Development Authorities shall not approve a subdivision or a development
if it would result in a permanent overnight accommodation, business or public facility being
constructed within 100 m (328.1 ft) of an active gas or oil well, and 1.5 km (0.9 mi) for sour gas
facilities, unless a lesser distance is approved in writing by the Alberta Energy Regulator.
6.5.3.
Setbacks from an abandoned well shall be established in accordance with the Matters related to
Subdivision and Development Regulations and the most current Directive as adopted by the Alberta
Energy Regulator.
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6.5.4.
Both the Subdivision and Development Authorities shall make it a condition of the subdivision
application and the development permit application to require the registration of a Restrictive
Covenant against the title of the property that contains a reclaimed well identifying the setback
requirements identified in subsection 6.5.3 above.
6.5.5.
For the purposes of this section, distances are measured from the well head to the wall of the
proposed building.
6.6
Development Near Railways
6.6.1.
New development that includes residential uses shall be required to follow the following setbacks
measured from the property line abutting the railway development to the nearest point of the dwelling:
a. 300.0 m (984.3 ft) from a freight rail yard
b. 30.0 m (98.4 ft) from a principal or secondary main line; and
c. 15.0 m (49.2 ft) from a principal or secondary branch line, or spur line.
6.6.2.
The Development Authority may request a noise impact assessment, prepared by a qualified
professional, as part of the development permit application for multi-lot subdivisions when the
proposed multi-lot subdivision is within the following distances from the property line of a railway
corridor:
a. 1,000.0 m (3280.8 ft) from a freight rail yard;
b. 300.0 m (984.3 ft) from a principal main line;
c. 250.0 m (820.2 ft) from a secondary main line;
d. 150.0 m (492.1 ft) from a principal branch line; and
e. 75.0 m (245.1 ft) from a secondary branch line or spur lines.
6.6.3.
Pending outcomes from a noise assessment, the Development Authority may ask for design
measures to be implemented to mitigate the impacts of the railway corridor, including the use of noise
barriers, berms, vegetation, and/or building orientation and materials.
6.6.4.
The Development Authority may request a vibration study, prepared from a qualified professional, as
part of the development permit application for any new development within 75.0 m (245.1 ft) from
the property line of the railway corridor.
6.7
Development Near Sanitary Facilities
6.7.1.
The construction of sewage/wastewater lagoons shall comply with all applicable provincial regulations
and safety codes.
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6.7.2.
Development adjacent to sewage/wastewater lagoons requires special consideration. The provincial
department responsible for regulating the standards and requirements for sewage/ wastewater
lagoons in Alberta requires the following setback distances:
a. On-site location - the working area of lagoons shall be setback from all property lines by a
minimum of 30.0 m (98.4 ft).
b. Municipal road - the setback distance from the road centreline of a municipal roadway is 40.0 m
(131.2 ft).
c. Railway - the setback distance from the road centreline of a railway is 30.0 m (98.4 ft).
d. Provincial highway - the setback distance from the right-of-way of a provincial highway is 100.0
m (328.1 ft).
e. Residence, school, hospital, or food establishment - the setback distance from the nearest
building on lands that contain a residence, school, hospital, or food establishment is 300.0 m
(984.3 ft).
6.8
Development Near Steep Slopes and Waterbodies
6.8.1.
Where a parcel of land borders on or contains a coulee, ravine or valley, without a watercourse, the
minimum required setback of a building from the top of the coulee, ravine or valley shall be 7.5 m (25
ft) or three (3) times the depth of the coulee, ravine or valley as defined by a registered surveyor,
whichever is the greater distance, unless the Development Authority is satisfied through the
submission of a detailed geotechnical engineering study from a registered engineer that a lesser
setback is warranted.
6.8.2.
Land within the setback areas defined in subsection 6.8.1 above shall be kept in its natural state.
Existing vegetation or tree removal shall not be permitted unless the Development Authority is
satisfied, through the submission of a detailed geotechnical engineering study from a registered
engineer, that the removal of the vegetation or trees will not have an adverse effect on the integrity
of the slope. Where vegetation is to be retained a covenant shall be registered against the property
preventing future removal or damage of the vegetation.
6.8.3.
Development shall not be allowed on unstable slopes or land characterized by soil instability unless
it can be demonstrated to the satisfaction of the Development Authority by a registered engineer that
the development is safe for construction.
6.8.4.
The Development Authority may increase any minimum yard or setback requirement for lands within
close proximity to unstable or steep slopes based on the outcomes of a geotechnical report.
6.8.5.
A minimum setback of 30.0 m (100 ft) shall be provided for all buildings from the top of the physical
bank, defined by a registered surveyor, of any watercourse, or from the top of the ravine or other
topographical feature in which a watercourse is located, or from any water body unless the
Development Authority is satisfied, through the submission of a detailed geotechnical engineering
study from a registered engineer, that a lesser setback is warranted. This requirement shall not apply
to fences and boat houses, which may be allowed within this strip.
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6.8.6.
The Development Authority may increase any minimum yard or setback requirement, where any
permitted or discretionary use or accessory development may be detrimental to the preservation of
shoreland, or adversely affected by reason of such use being in a floodplain.
6.9
Fencing, Landscaping, Screening
G E N E R A L F E N C I N G , L A N D S C A P I N G , A N D S C R E E N I N G
6.9.1.
Unless described under the circumstances in subsection 3.2 Development Not Requiring a
Development Permit, fencing, landscaping and/or screening shall require an approved development
permit prior to construction or erection and shall be required to comply with the County's Surface
Drainage Bylaw.
6.9.2.
The Development Authority may require landscaping or screening for any development permit
application, if, in their opinion, it would improve the compatibility with adjacent properties, or mitigate
the impacts of the development or use.
6.9.3.
In most instances, the Development Authority may require commercial or industrial uses to include
landscaping, screening and/or fencing as part of the development, particularly when those
developments are adjacent to transportation corridors, are within commercial or industrial parks, are
within a hamlet, or abut residential uses.
6.9.4.
When associated with a non-residential use that requires a Development Permit, the following shall
be enclosed from view, or screened to soften the visual impact on adjacent or proximal sites, public
roadways, and public thoroughfares, to the satisfaction of the Development Authority:
a. outside storage areas;
b. exterior work areas;
c. garbage, waste, and waste handling and collection areas;
d. wrecked or damaged motor vehicles;
e. outdoor service areas, including any loading and vehicular service areas, that are visible from an
adjacent residential property or from a public road other than a lane;
f. bulk outdoor storage, including but not limited to auto wrecking, lumber yards, pipe storage,
vehicle storage and similar uses; and
g. the parking or storage of large trucks, tractor-trailers, and heavy industrial equipment.
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F E N C I N G
6.9.5.
No fences shall be permitted within an intersection in accordance with Figures 2, 3, 4, 5, and 6
located in subsection 6.3 Development Near Highways, Secondary, and Rural Roads (shaded area
indicates restricted area).
6.9.6.
Within the Country Residential District, the Urban General District and the Tourism District, a fence
is allowed up to a maximum height of 2.4 m (8.0 ft). Any fence that extends beyond this is required
to submit a variance request and receive approval from the Development Authority prior to
construction.
6.9.7.
Notwithstanding subsection 6.9.6, where the Development Authority determines that the location or
height of a proposed fence will negatively affect sightlines or safety on a road or abutting driveway,
the Development Authority will refuse the application.
6.9.8.
Electric fences will not be permitted on any parcel within the Country Residential District or Urban
General District.
L A N D S C A P I N G
6.9.9.
The Development Authority may require that a landscape plan/design be prepared by a qualified
professional be submitted for review and approval by the County has part of the development permit
application, or as a condition of a development permit approval.
6.9.10.
Landscaping may consist of any of the following:
a. trees, shrubs, lawn, flowers;
b. large feature rocks, bark chips, field stone;
c. berming, terracing;
d. other innovative landscaping features.
6.9.11.
In addition to any other provisions of this Bylaw, landfill sites, gravel pits, sewage lagoons, sewage
treatment plants, commercial or industrial storage yards and other similar forms of development may
be required to be screened from view by a vegetative buffer strip or some other form of screening.
6.9.12.
The Development Authority, in considering a development permit application, may impose conditions
requiring the retention of trees or additional plantings of such a type and extent that are considered
necessary.
6.9.13.
All tree and shrub plantings shall be based on the Beaver County climatic growing zone, constraints
of location, effectiveness in screening where required to do so, resistance to disease and insect
attack, cleanliness, appearance, and ease of maintenance.
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6.9.14.
Additional landscaping that may be required at the discretion of the Development Authority may
include, but is not limited to, the following:
a. additional separation, or buffering, between adjacent land uses;
b. the use of trees, shrubs, fences, walls, and berms to buffer or screen uses of negative impact;
and
c. the use of trees, shrubs, planting beds, street furniture and surface treatments to enhance the
appearance of a proposed development.
S C R E E N I N G
6.9.15.
Where any parcel, or part of a parcel, adjacent to a provincial highway is used for outdoor storage of
goods, machinery, vehicles, buildings, or waste materials, the Development Authority may require
screening by buildings, fences, hedges, trees, berming, or other landscaping features to their
satisfaction.
6.9.16.
The Development Authority may prescribe, or approve, screening for uses which involve the outdoor
storage of goods, machinery, vehicles, building materials, waste materials, and other similar goods
or materials.
6.9.17.
For commercial, industrial, and institutional uses, fencing shall only be utilized for the visual screening
of outside storage, waste/garbage, equipment, product, vehicles or for security purposes if in the side
or rear yards of the principal building. The Development Authority may allow decorative fencing in the
front yard of a principal building if it is in compliance with subsection 6.9.19 below.
6.9.18.
The location, type, height, or size of visual screening that may be required shall be at the discretion
of the Development Authority.
6.9.19.
The location, length, thickness, and height of screening shall be in accordance with the approved
landscaping plan or the approved development permit.
6.9.20.
Screening shall be maintained to mitigate visual impact from the ground to a maximum height of 2.0
m (6.6 ft).
6.9.21.
Regardless of subsection 6.9.19 above, the Development Authority may in their discretion require
screening greater than 2.0 m (6.6 ft) in height to mitigate the visual impact of the development.
6.10 Historical and Archaeological Sites
6.10.1.
Historical sites, or archaeological sites, identified pursuant to the Alberta Historical Resources Act
shall be protected in accordance with guidelines established by the province, and the policies within
the County's MDP.
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6.11 Lands Not Suitable for Development
6.11.1.
Unless unique site requirements determine otherwise or considerable measures have been taken in
the building or site design to address concerns, the Development Authority should not approve
development permit applications where the proposed development would be:
a. on steep slopes (in excess of 15 degrees);
b. on unstable slopes or lands characterized by soil instability;
c. on lands exhibiting evidence of poor drainage or flooding, or being located in an identified
floodplain;
d. on lands containing important wildlife habitat;
e. on lands containing unique endangered flora; or
f. on lands adjacent to or within delineated wetlands.
6.12 Lot Grading and Site Drainage
6.12.1.
Lot grading and site drainage shall be in accordance with the County's Surface Drainage Bylaw.
6.13 Protection from Exposure Hazards
6.13.1.
The location of an anhydrous ammonia or liquefied petroleum gas (AA or LPG) storage tank with a
water capacity exceeding 9,092.2 l (2000 gal) shall be in accordance with the requirements of the
Development Authority but in no case be less than a minimum distance of 121.9 m (400 ft) from
assembly, institutional, commercial, or residential buildings.
6.13.2.
AA or LPG containers with a water capacity of less than 9,092.2 l (2000 gal.) shall be located in
accordance with regulations under the Alberta Safety Codes Act.
6.13.3.
Flammable liquids storage tanks at bulk plants or service stations shall be located in accordance with
regulations under the Alberta Safety Codes Act.
6.13.4.
Setbacks from pipelines and other utility corridors shall be at the discretion of the Development
Authority and be in accordance with the appropriate Provincial Regulations or Acts.
6.14 Signs
6.14.1.
No signs or advertising structures of a commercial, directional, or informative nature shall be erected
on land or affixed to an exterior surface of any building or structure unless an application for this
purpose has been approved and a development permit has been issued.
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6.14.2.
The maximum number of stand alone signs for a parcel of land shall be one (1). Where there is a
consecutive series of properties that create a commercial shopping area, the properties shall
collaborate to create a single stand lone sign no greater than 18.6 sq m (200 sq ft) in area.
6.14.3.
The maximum size of a stand alone sign shall not exceed 6.5 sq m (70 sq ft).
6.14.4.
Any façade sign shall not exceed beyond the parapet of the building or fifty (50%) percent of the area
of the building façade. The calculation shall be based on the cumulative total of signs on a building
façade.
6.14.5.
No signs or advertising structures shall be erected on or affixed to private property without the prior
consent of the registered owner or tenant.
6.14.6.
No signs, billboards, advertising structures or signboards shall be erected on or affixed to public
property without the prior consent of the appropriate public body.
6.14.7.
No sign or advertisement shall resemble or conflict with a traffic sign, nor shall it be a traffic hazard.
6.14.8.
All advertisements shall be kept in a safe, clean and tidy condition, and may by resolution of Council,
be required to be renovated or removed.
6.14.9.
No signs or advertising structures other than those specified in subsection 3.2.2. Development Not
Requiring a Development Permit shall be permitted in the Country Residential District.
6.14.10. No signs or advertising structures of any kind shall be permitted within 0.8 km (0.5 mi) of any highway
unless the prior approval of Alberta Transportation has been obtained.
6.14.11. Electronic flashing signs are not permitted.
6.15 Site Servicing
6.15.1.
All buildings erected, placed, or moved into districts established by this Bylaw, to be used for a
residential, commercial or industrial purpose, shall be provided with sanitary facilities to the
satisfaction of Provincial Regulations.
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7.0 Specific Use Regulations
7.1
Automotive and Equipment Sale, Repair, Rental and
Storage (both Major and Minor)
7.1.1.
The following shall apply to an Automotive and Equipment Sale, Repair, Rental and Storage:
a. If outdoor storage is an accessory component of the operation, all outdoor storage areas shall be
screened from adjacent properties and roadways in accordance with subsection 6.9 Fencing,
Landscaping, Screening;
b. any object which, in the opinion of the Development Authority, is unsightly or tends to adversely
affect the amenities of the district; needs to be screened and fenced in accordance with
subsection 6.9 Fencing, Landscaping, Screening; and
c. All outdoor storage or stockpiles of materials shall not be vertically higher than the approved
screening.
7.2
Bed and Breakfast Establishments
7.2.1.
A bed and breakfast establishment shall comply with the following regulations:
a. All bed and breakfast facilities are required to obtain written approval to operate from the local
Regional Health Authority prior to obtaining a Beaver County Development permit.
b. A bed and breakfast establishment shall not change the principal character or external
appearance of the dwelling involved and shall have a maximum of four (4) sleeping bedrooms.
c. Cooking facilities shall not be located within the sleeping bedrooms.
d. In addition to any other parking requirements of this Bylaw, one (1) additional parking space shall
be provided for each sleeping unit.
e. A bed and breakfast establishment shall comply with all of the requirements for a Home
Occupations - Type II described in this Bylaw, except for the number of clients permitted on a
site.
f. The Development Authority may establish as a condition of the approval of any development
permit for a Bed and Breakfast Establishment any other conditions the Development Authority
deems appropriate to maintain the character or amenity of the area in which the Bed and
Breakfast Establishment is located.
7.3
Campgrounds
7.3.1.
Where a commercial campground proposal is received for any number of campsites, cabins, or other
structures used to accommodate campers, a master plan or conceptual plan for the entire
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development shall be submitted and approved by the Development Authority prior to submitting a
development permit application for any site-specific development.
7.3.2.
The master plan or conceptual plan shall include detailed plans for fire safety, potable water supply,
wastewater management (including the use of refuse containers that protect against insects, rodents,
animals, and fire hazards), stormwater management, solid waste management, and a traffic impact
assessment for the initial stage, as well as any subsequent stages of development. The master plan
or conceptual plan shall detail internal circulation requirements, lane widths, pedestrian circulation,
site access and egress, emergency access, parking areas, storage areas, toilet and wash areas,
recreational areas and campsite areas, and other amenity facilities.
7.3.3.
A minimum of 10% of the campground's gross area shall be set aside for common recreation use
and shall be developed and maintained as a park, playground, or other useable outdoor space.
7.3.4.
Campgrounds shall be setback a minimum of 300.0 m (984.3 ft) from the Country Residential District,
or multi-lot subdivision as measured from property boundary to property boundary.
7.3.5.
Campgrounds proposed to be located within the boundary of a hamlet shall setback campsites,
cabins, or other structures used to accommodate campers a minimum of 30.0 m (98.4 ft) from the
boundary of a lot containing a dwelling, single detached or dwelling, semi-detached and shall provide
screening and buffering by way of a solid fence and year-round vegetation with a minimum height of
2.0 m (6.6 ft), to the satisfaction of the Development Authority.
7.3.6.
Campgrounds shall provide visitor parking in common areas within a commercial campground
property to the satisfaction of a Development Authority and two (2) parking spaces on each campsite
or for each cabin.
7.3.7.
All campgrounds and sites shall have clear access and identification acceptable to the Development
Authority for the purposes of accommodating emergency, fire, and maintenance vehicles.
7.3.8.
All campsites shall be accessible by means of an access at least 3.0 m (9.84 ft) in width where the
access is for one-way traffic, or at least 6.0 m (19.7 ft) in width where the access is for two-way traffic.
7.3.9.
Campgrounds, containing campsites, cabins, or other structures used to accommodate campers are
considered temporary accommodations, and consequently, the maximum occupancy is two hundred
and forty (240) days per calendar year.
7.4
Cannabis Production Facility
7.4.1.
Cannabis production facility uses shall, at all times, comply with federal, provincial, and municipal
regulations and legislation which apply to the development.
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7.4.2.
All cannabis production facility uses shall be developed and operated in accordance with the
development permit approved by the Development Authority.
7.4.3.
In districts where cannabis production facility uses are discretionary, the Development Authority shall
assess applications for cannabis production facility uses based on compatibility with surrounding
areas.
7.4.4.
All activities related to the cannabis production facility uses, including processing, loading, receiving,
and shipping of cannabis and other goods, materials or supplies, garbage containers, storage
containers and waste materials, shall be entirely within the on-site building containing the use.
7.4.5.
One (1) caretaker unit is permitted as an accessory use to an approved cannabis production facility.
7.4.6.
All cannabis production facilities shall include equipment that removes odors from the air prior to
leaving the building where the use is occurring, when part of a ventilation system.
7.4.7.
Advertising shall be in accordance with subsection 6.14 Signs of this Bylaw, and any
provincial/federal regulations.
7.4.8.
Landscaping and parking requirements for a cannabis production facility use is at the discretion of
the Development Authority.
7.4.9.
A cannabis production facility use that has been non-operational for a period of one (1) or more years
may be required, at the discretion of the Development Authority, to be decommissioned and
remediated in compliance with any provincial or federal regulations.
7.4.10.
The lot boundary of cannabis production facility use shall be located a minimum of 500.0 m (1,640.4
ft) away from lot boundary of the following uses:
a. a school established by provincial legislation and regulations;
b. a provincial health care facility;
c. a parcel of land designated as municipal or school reserve under the Municipal Government Act;
d. a school established by provincial legislation and regulations; or
e. an existing dwelling.
7.4.11.
All applications for cannabis processing and distribution uses shall include:
a. a fire safety plan;
b. a waste management plan;
c. a water and wastewater management plan;
d. a stormwater management plan;
e. a ventilation system prepared by a qualified professional; and
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f. any other information considered to be appropriate, which may include, but is not limited to, any
application requirements required in accordance with subsection 8.2 Development Permit
Application Contents of this Bylaw.
7.5
Cannabis Retail
7.5.1.
The location of any cannabis retail facility as defined in the Cannabis Act (Canada) shall maintain a
minimum distance of 100.0 m (328.1 ft) from the facility to:
a. a provincial health care facility, or a boundary of the parcel of land on which the facility is located;
or
b. a building containing a school or a boundary of the parcel of land which the facility is located; or
c. the boundary of any parcel of land that is designated as a school reserve or municipal and school
reserve as defined under the MGA.
7.5.2.
The following uses shall be required to meet the minimum separation distance of at least 100.0 m
(328.1 ft) from locating to an established cannabis retail facilities' boundary:
a. a provincial health care facility, or a boundary of the parcel of land on which the facility is located;
or
b. a building containing a school or a boundary of the parcel of land which the facility is located; or
c. the boundary of any parcel of land that is designated as a school reserve or municipal and school
reserve as defined under the MGA.
7.5.3.
The separation distance shall be measured from the exterior wall of the cannabis retail facility to the
nearest parcel boundary of those uses listed in subsection 7.5.1 and 7.5.2 above. The Development
Authority may ask for proof that cannabis retail facility meets the required setbacks indicated in
subsection 7.5.1 and 7.5.2 above.
7.5.4.
Cannabis facilities shall comply with the Alberta Gaming, Liquor and Cannabis (AGLC) policies, and
all provincial and federal regulations.
7.6
Community Recreation
7.6.1.
Community recreation shall provide adequate ingress and egress to parking areas which is separate
from special event venue, campground, etc.:
a. 10 parking spaces per 100.0 m² of gross floor area, which shall not be reduced by including
parking required or provided on an adjacent site;
b. 2 parking spaces for each additional 10.0 m² where there is a multiple purpose area, room or
space within the community recreation facility, which exceeds 100.0 m² in gross floor area,
provided that such multiple purpose areas shall not include dressing rooms, change rooms,
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washrooms, storage areas, cooking or kitchen areas which are normally incidental to the primary
function of community recreation;
c. where a Community Recreation Services parking area immediately abuts a parking area for a
school, a maximum of 50% of the additional parking spaces required may be provided by including
the parking on the abutting school site.
7.7
Commercial Green Houses and Plant Nursery
7.7.1.
All commercial greenhouse use applications will be reviewed to ensure the proposal will not negatively
impact the surrounding area in which it is located.
7.7.2.
The applicant shall submit to the County plans for fire safety, wastewater management, stormwater
management, solid waste management, and a traffic impact assessment with their development
application.
7.7.3.
All commercial greenhouses that require specific lighting for the purpose of stimulating and/or
enhancing the growth of a greenhouse crop shall be required to contain 80% of the artificial light from
illuminating upwards and outwards at all times as a condition of development approval, unless an
exemption has been provided from the Development Authority. Exemptions shall only be provided if
the applicant can prove that the artificial light is not a nuisance to adjoining properties, at the
discretion of the Development Authority.
7.7.4.
The applicant shall be required to submit a detailed description of the artificial lighting control that
prevents the light from illuminating upward and outward.
7.8
Dwelling Units on a Lot
7.8.1.
Unless otherwise specified in districts permitting multiple dwelling unit uses, the maximum number of
dwelling units on a titled parcel shall consist of one (1) principal dwelling unit and one (1) accessory
dwelling unit. All dwelling units and accessory dwelling units on a parcel shall meet all applicable
National Building Code standards, Alberta Safety Code standards, and/or CSA A277 certification for
a permanent dwelling.
7.8.2.
Development permit applications for any dwelling unit or accessory dwelling unit shall be required to
demonstrate that there is adequate water and wastewater servicing available or that there is available
on-site capacity, to the satisfaction of the Development Authority.
7.8.3.
Provisions outlined in subsection 7.8 Dwelling Units on a Lot do not relate to the Communal Living
use as defined in this Bylaw.
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7.9
Home Occupation
H O M E O C CU PA T I ON , H OM E OF FI C E
7.9.1.
The Home Occupation, Home Office use and the storage of goods, materials, commodities, or
finished products must be located in the principal building or accessory building(s).
7.9.2.
Home Occupation, Home Office use shall not change the external appearance or residential
character of land or buildings.
7.9.3.
The Home Occupation, Home Office use shall have no external signage.
7.9.4.
There shall be no on-site attendance of clients at a Home Occupation, Home Office use.
7.9.5.
Only the resident(s) of the property may work on-site at a Home Occupation, Home Office use.
H O M E O C CU PA T I ON , T Y P E I
7.9.6.
The outside storage of equipment, goods, materials, commodities, or finished products related to a
Home Occupation, Type I use may be permitted if it is screened from adjacent parcels and from
public roadways.
7.9.7.
Home Occupation, Type I use shall not change the external appearance or residential character of
land or buildings.
7.9.8.
The Home Occupation, Type I use shall not generate excessive or unacceptable increases in traffic
within the neighbourhood or immediate area.
7.9.9.
The Home Occupation, Type I use shall not generate noise, smoke, steam, odour, dust, fumes,
exhaust, vibration, heat, glare or refuse matter considered offensive or excessive by the Development
Authority that creates a nuisance extending beyond the parcel.
7.9.10.
At all times the privacy of the adjacent residential dwellings shall be preserved and the Home
Occupation, Type I use shall not unduly offend surrounding or adjacent residents by way of example,
but not limited to, excessive lighting, excessive noise, traffic congestion, or excessive on-street or off-
street parking, at the discretion of the Development Authority.
7.9.11.
The parking of one (1) commercial vehicle with (1) accessory trailer, or one (1) three-ton truck or
similar vehicle may be permitted by the Development Authority on a discretionary basis.
7.9.12.
The parking location of any commercial vehicles shall be at the discretion of the Development
Authority.
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7.9.13.
Only the resident and those who permanently reside in the residential dwelling on the subject lot may
be permitted as employees.
H O M E O C CU PA T I ON , T Y P E II
7.9.14.
The outside storage of equipment, goods, materials, commodities, or finished products related to a
Home Occupation, Type II use may be permitted if it is screened from adjacent parcels and from
public roadways.
7.9.15.
Home Occupation, Type II use shall not change the external appearance or residential character of
land or buildings.
7.9.16.
The outside storage of equipment, goods, materials, commodities, or finished products related to a
Home Occupation, Type II use that is not screened shall be at the discretion of the Development
Authority.
7.9.17.
The Home Occupation, Type II use shall not generate noise, smoke, steam, odour, dust, fumes,
exhaust, vibration, heat, glare, refuse matter and storage of hazard or combustible materials
considered offensive or excessive in the opinion of the Development Authority.
7.9.18.
At all times the privacy of the adjacent residential dwellings shall be preserved and the Home
Occupation, Type II use shall not unduly offend surrounding or adjacent residents by way of example
but not limited to excessive lighting, excessive noise, traffic congestion, or excessive on-street or off-
street parking.
7.9.19.
The parking of any commercial vehicles, including the number considered and location, shall be at
the discretion of the Development Authority.
7.9.20.
Adequate onsite parking for employees and the business must be provided, the number of parking
spaces and location shall be at the discretion of the Development Authority.
7.9.21.
In addition to those individuals who permanently reside in the residential building on the subject
parcel, up to four (4) other employees are permitted as part of the approval and operation of a Home
Occupation, Type II use.
7.10 Manufactured/Mobile Homes and Home Parks
7.10.1.
All accessory structures to Manufactured Homes, Mobile Homes, and within Home Parks, such as
porches and additions shall be:
a. factory-prefabricated units or the equivalent thereof, and so designed and erected as to
harmonize with the manufactured homes;
b. considered as part of the principal building, but only if fully enclosed; and
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c. erected only after obtaining a development permit.
7.10.2.
The following regulations apply to Manufactured/Mobile Homes:
a. A manufactured/mobile home shall be skirted from the floor level to the ground level and shall
match the existing finish of the manufactured/mobile home;
b. The hitch and wheels are to be removed from the manufactured/mobile home;
c. The minimum size for a manufactured/mobile home stall shall be 371.6 sq. m. (4000 sq. ft.);
d. Manufactured/mobile homes shall be separated from each other by at least 6.1 m (20 ft.) side-to-
side and 3.0 m (10 ft) from either front, side or rear stall line provided further that any porch or
addition to the manufactured home is regarded as part of the manufactured home for the purpose
of spacing; and
e. No accessory building, use or parking space shall be located in the front yard of a
manufactured/mobile home stall.
7.10.3.
The construction and maintenance of all internal roads shall be the responsibility of the
landowner/developer. Internal roads shall have a minimum right-of-way of 9.1 m (30 ft). All roads shall
be constructed and maintained to the satisfaction of the Development Authority.
7.10.4.
The Home Park stalls shall be located at least 3.0 m (10 ft) from a lot boundary. This strip shall be
landscaped and/or fenced to the satisfaction of the Development Authority.
7.10.5.
A development agreement may be required relating to the construction standards that will need to
be met by the landowner/developer including any off-site infrastructure work.
7.10.6.
All dwellings within a Home Park shall have full servicing, either using municipal servicing or on-site
communal systems. All municipal utilities shall be provided underground to stalls.
7.10.7.
Street lighting shall be to the same standard as that in a conventional residential neighborhood.
7.10.8.
The minimum lot area of a Home Park shall be 2.0 ha (5.0 ac).
7.10.9.
Development permit applications for Home Parks shall include a detailed landscaping plan describing
all physical features, existing or proposed, including shrubs, trees, flower beds, berm contours, walls,
fences, outdoor furniture, surface utilities, and decorative paving. The design of the park shall be to
the satisfaction of the Development Authority.
7.10.10. Each manufactured/mobile home stall shall be clearly marked off by means of stakes, countersunk
steel posts, fences, curbs or hedges.
7.10.11. All parks shall be provided with safe, convenient, all season pedestrian access of at least 0.9 m (3 ft)
in width for intended use between individual manufactured/mobile homes, the park roads and all
community facilities provided for park residents.
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7.10.12. Visitor parking space shall be provided at a ratio of at least one space for every two manufactured
homes and shall be located at convenient location throughout the manufactured/mobile home park,
and shall not be used for the storage of boats, trailers, etc.
7.10.13. Any furniture, domestic equipment or seasonally used equipment shall be stored in adequate covered
storage or screened either individually on the stall or communally.
7.10.14. 5% of the gross lot area shall be devoted to recreational use. This recreation space shall be placed
in locations convenient to all park residents, free from traffic hazards, shall not be included in areas
designated as buffer strips and shall be clearly defined.
7.10.15. All areas not occupied by manufactured homes and their additions, internal roads, footpaths,
driveways, permanent buildings, and any other developed facilities shall be fully landscaped to the
satisfaction of the Development Authority. Screen fences or walls shall be erected where deemed
necessary by the Development Authority around laundry yards, refuse collection points and
playgrounds.
7.10.16. No part of the Home Park shall be used for non-residential purposes except such uses as are required
for the direct servicing and well-being of the park residents and for the management and maintenance
of the park.
7.10.17. Only one main, free-standing, identification sign of residential character and appearance shall be
erected at the entrance to a manufactured/mobile home park unless the Development Authority is of
the opinion that a further and similar sign shall be allowed under exceptional circumstances involving
the layout, location and size of the park in relation to the surrounding areas. The sign or signs shall
be of a size, type and construction acceptable to the Development Authority.
7.10.18. Directional signs within the Home Park must be integrated in design and appearance, be kept in scale
with the immediate surroundings and constructed of durable material.
7.10.19. The maximum permissible density for a manufactured home park shall be 208 manufactured/mobile
homes per gross developable hectare (8 per gross developable acre) of the area actually being
developed at each stage of the development.
7.11 Kennels
7.11.1.
The subdivision of land in the Agricultural and Country Residential Districts for the exclusive purpose
of establishing a boarding or private kennel shall not be permitted.
7.11.2.
In determining the total number of animals, animals less than six (6) months of age shall not be
included.
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7.11.3.
All exterior exercise areas (exterior runs) shall be enclosed with a fence acceptable to the
Development Authority, no lower than 2.0 m (6.6 ft) in height and with lockable gates(s).
7.11.4.
All facilities, including buildings and exterior exercise areas, shall be sited behind the principal
building.
7.11.5.
All facilities shall be visually screened from existing dwellings on adjoining lots.
7.11.6.
No animals, regardless of age, shall be allowed outdoors between the hours of 10:00 p.m. to 7:00
a.m. daily.
7.11.7.
All animal facilities shall be cleaned on a daily basis, and all feces shall be stored in an enclosed
container and disposed of in a sanitary manner.
7.11.8.
Where possible, existing vegetation should be maintained in order to provide a visual and/or acoustic
buffer to adjacent land uses.
7.11.9.
The operation of a kennel shall at no time unduly interfere with the general enjoyment of adjoining
parcels.
7.11.10. No kennel structure shall be allowed within 150.0 m (492 ft) of any dwelling unit located on adjoining
lands, or within 75.0 m (246 ft) of the boundary of any adjoining parcel.
7.11.11. The operation of a kennel shall comply with the Beaver County Animal Control Bylaw, Animal
Protection Act, and all provincial and federal regulations.
7.12 Local Industrial Uses
7.12.1.
The owner's principal residence shall be located on the lot and the local industrial use shall be
operated by the landowner, although non-resident employees may be permitted to the extent as
determined appropriate by the Development Authority, but at no time shall the number of employees
on the lot exceed 5.
7.12.2.
A local industrial use shall not generate offensive or objectionable effects, as determined by the
Development Authority, that may be detectable beyond the site.
7.12.3.
A local industrial use shall be appropriately screened by natural features, by man-made barriers, or
by a combination thereof.
7.12.4.
A minimum yard of 30.0 m (98.4 ft) from any property line shall be provided to the nearest point that
the local industrial use is occurring when bordering a district that allows for dwelling, single detached
as a permitted use.
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7.13 Natural Resource Extraction
7.13.1.
Sand and/or gravel developments contained within the Natural Resource Extraction/ Processing use
shall not occur within a multi-lot subdivision.
7.13.2.
There shall be no sand and/or gravel developments within 300.0 m (984.2 ft) of the boundary of a
multi-lot or hamlet residential subdivision.
7.13.3.
The Development Authority may only consider a variance or a waiver to subsection 7.13.2 above
provided that:
a. No crushing, processing, washing, or similar activity is occurring within the 300.0 m (984.2 ft)
setback requirement;
b. Extraction and reclamation activities within the 300.0 m (984.2 ft) requirement may only occur
between 8:00 a.m. and 5:00 p.m. Monday to Friday;
c. The applicant/owner provides appropriate measures, to the satisfaction of the Development
Authority, to mitigate any nuisance or potential nuisance from the pit area; and
d. The Development Authority is satisfied that extraction and reclamation activities occur
expeditiously and in a manner that poses minimum affect to residents within the multi-lot
residential subdivision.
7.13.4.
The Development Authority shall require as a condition of development permit approval for a new or
renewal aggregate extraction use, or an expansion to an existing aggregate extraction operation,
that the applicant(s) acquire all necessary provincial permits and approvals pertinent to the proposed
development. Further, the applicant(s) shall be required to supply a copy of any such provincial permit
or approval to the County for its records.
7.13.5.
When considering whether to approve aggregate extraction as a discretionary use, the Development
Authority may also consider the uniqueness of each application for a new or renewal aggregate
extraction use, or an expansion to an existing aggregate extraction operation, and have additional
due regard for the following:
a. the purpose of this Bylaw and the general purpose of the district in which the development is
located, and the future use of the site as proposed in a reclamation plan;
b. the provisions of the Municipal Development Plan and any relevant statutory plan;
c. relevant guidelines prepared by Alberta Environment and their comments on applications made
for provincial approval;
d. the desirability to utilize the aggregate resource as a regional benefit;
e. conservation of topsoil for agricultural use on this or another site;
f. conservation of any identified designated historical resources;
g. conservation of trees and maintenance of habitat;
h. methods to control weeds on-site;
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i. conservation of environmentally significant and sensitive areas, including areas identified in the
Environmental Conservation Plan;
j. conservation of watercourses; and
k. the safety and potential nuisance effect(s) on adjacent properties, including both operation and
hauling activities.
H O UR S OF O P ERA T IO N
7.13.6.
The hours of operation for the pit, including extraction, reclamation, and the processing (crushing) of
materials shall be specified by the Development Authority. The Development Authority shall have
regard to, but is not bound by, the following guidelines:
a. Extraction, reclamation, and processing (crushing) activities within the 300.0 m (984.2 ft)
requirement should only occur between 8:00 a.m. and 5:00 p.m. Monday to Friday; and
b. No operation Saturday and Sunday unless otherwise approved as a condition of the development
permit.
D U S T A N D N OIS E
7.13.7.
The applicant shall prevent dust and noise from becoming an annoyance to surrounding landowners
at the request of and to the satisfaction of the Development Authority. Required prevention may
include, but is not limited to:
a. locating stockpiles to act as sound barriers and using methods of minimizing or reducing noise
created by machinery and equipment;
b. installation of noise monitors shall be required as a condition of a development permit;
c. noise that exceeds the level as specified in the by the Development Authority is an indication that
noise may be an annoyance; and
d. ensure compliance with the Environmental Protection & Enhancement Act regarding dust and air
quality.
7.13.8.
The applicant(s) shall locate appropriate safety and traffic signage on and about the subject site and
road accesses, to the satisfaction of the Development Authority.
7.13.9.
A Road Use Agreement, between Beaver County and the landowner/developer of aggregate
extraction incorporating, but not limited to, such things as haul routes, maintenance, dust control,
security, signage, participation in the Alberta Sand and Gravel Association central truck registry
numbering system, notification to local residents, and other related clauses is required as a condition
of a development permit.
H O UR S F O R HAU L ING
7.13.10. The removal of sand and/or gravel from the pit location (hauling) shall take place only within the hours
specified by the Development Authority. The Development Authority shall have regard to but is not
bound by the following guidelines:
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a. 6:00 a.m. to 6:00 p.m. Monday to Friday
b. 8:00 a.m. to 4:00 p.m. Saturday
c. No hauling on Sunday
7.13.11. No new aggregate extraction or expansion of an existing operation shall be located within 20.0 m
(65.6 ft) of any public road, unless otherwise approved by the Development Authority. The
Development Authority may require certain buffering/screening measures within this setback.
7.13.12. All stripping, excavation, and grading shall be in conformance with stripping, excavation, and grading
provisions of this Bylaw.
7.13.13. The applicant shall keep the area, subject to the development permit, in a clean and tidy condition
free from rubbish and non-aggregate debris, including any required screening or buffering to the
satisfaction of the Development Authority, at all times.
A P P LI CA T I ON F OR AG G R E GA T E EX TR A CTI O N
7.13.14. For an application proposing a new aggregate extraction use or an expansion to an existing
aggregate extraction use, the Development Authority shall require the applicant to submit plans and
a narrative including the following information:
a. survey plan indicating the location and area of the site on which the excavation is to take place
and the phasing plan of the pit;
b. the expected life of the deposit if applicable;
c. the existing land use;
d. a site analysis of the geology, groundwater, surface water, natural vegetation, and wildlife features
of the site;
e. the proposed extraction, operation, and staging of the aggregate extraction use (including years,
dates, hours of operation, guidelines for meeting recommended noise levels, aesthetics, etc.);
f. the proposed access and hauling activities (including number of trucks, tonnage, hours of hauling,
methods of preventing/controlling/reducing erosion or dust, methods for weed control etc.);
g. a copy of the development and reclamation plans that are to be submitted by the applicant(s) to
Alberta Environment and Sustainable Resource Development for the development and
reclamation of the aggregate extraction use; and
h. details of the proposed community consultation, including the pre-application consultation with
potentially affected landowners, and the further communications that will be carried out to inform
landowners of the ongoing aggregate extraction use and to address any issues or concerns
landowners may have regarding the aggregate extraction use.
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C O N SI D ER A TI ON S FO R TH E D E V E L OP M EN T A UT H ORI T Y
7.13.15. A development permit for a resource extraction industry should only be issued when a development
and reclamation plan has been prepared to the satisfaction of the County, which adequately
addresses such items as:
a. the sequence and extent of development;
b. the proposed use of land after the development has been concluded;
c. whether the area contains higher capability agricultural land;
d. any anticipated interference with surface or subsurface water;
e. any anticipated impact on fish and wildlife habitat;
f. the measures to be taken to mitigate any negative impacts identified in (d) and (e);
g. whether the area contains potential historic resources;
h. methods for weed management and control; and
i. the measures to be taken to reclaim the subject site, together with the costs of such reclamation,
and the means whereby such reclamation is to be ensured.
7.14 Pet Cemeteries
7.14.1.
The disposal of dead domestic animals must comply with the applicable Federal and Provincial
legislation. Regulations include, but are not limited to, the following:
a. setback distances from water sources, livestock facilities, residences, road allowances, etc.;
b. type of pit cover;
c. depth of pit;
d. proximity of pits to each other;
e. weight of dead animals; and
f. storage of dead animals prior to burial.
7.14.2.
Development of the cemetery shall adhere to setback restrictions from registered utility rights-of-way.
7.14.3.
Access to the cemetery from a public road must meet the specifications and requirements of the
Development Authority.
7.14.4.
Adequate onsite parking shall be provided. No parking shall be allowed on a public roadway.
7.14.5.
Directional or advertising signage shall comply with this Bylaw.
7.14.6.
In addition to the requirements of subsection 8.2 Development Permit Application Contents, the
Development Authority may request the following information be provided:
a. site plans;
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b. hours of operation;
c. traffic patterns;
d. reason for specific location;
e. number of expected employees;
f. storage facilities and nature of goods to be stored; and
g. landscaping details.
7.14.7.
The Development Authority may refer an application for a pet cemetery to adjacent landowners or
any other agency whose interest or jurisdiction may be affected or who has expertise relating to the
application for a development permit.
7.15 Recycling Depot
7.15.1.
The following shall apply to a Recycling Depot:
a. A Recycling Depot shall not be approved without the construction of a principal building for the
enclosed/interior receiving, sorting and/or processing of materials;
b. If outdoor storage is an accessory component of the operation, all outdoor storage areas shall be
screened from adjacent properties and roadways;
c. Any object which, in the opinion of the Development Authority, is unsightly or tends to adversely
affect the amenities of the district requires screening;
d. All outdoor storage or stockpiles of materials shall not be vertically higher than the approved
screening;
e. The owner/applicant may be required to provide a Debris and Dust Control Plan;
f. If household waste and/or organics are received as an accessory use of the operation, there shall
be no outdoor storage. Household waste and organics must be regularly removed from the site;
g. The owner/applicant may be required to undertake mitigating measures to minimize any odour
escaping the facility, at the discretion of the Development Authority
7.16 Residential Security/Caretaker Units
7.16.1.
A residential security/caretaker unit shall comply with the following regulations:
a. Only one residential security/caretaker unit may be located on a parcel of land. It may be located
within the building in which the business is being conducted or may be detached from that
building. In all cases, it shall be a self-contained dwelling unit and the residential space shall not
exceed 70.0 m2 (753.4 ft2).
b. Any detached residential security/caretaker unit shall be located a minimum of 3.0 m (9.8 ft) from
any other building on the parcel and shall be located no closer to the front of the parcel than the
front line of the principal building in which the business is being operated.
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c. The Development Authority may impose any other setback, design, or landscape conditions they
deem appropriate for each situation considering, but not restricted to, the type of business being
operated, the condition and design of the existing buildings, and the amenities of the
neighbourhood.
d. The duration of a development permit issued for a residential security/caretaker unit shall be
limited to the operation of the specific business for which the applicant of the permit applied.
7.17 Service Stations, Gas Bars, and Bulk Fuel and Oil Sales
7.17.1.
Service stations, gas bars, and bulk fuel and oil sales establishments shall be located in such a
manner that:
a. no entrance or exit thereto for motor vehicles is within 61.0 m (200 ft) of an entrance to or exit
from a fire hall, school, playground, library, religious assembly, hospital, children's or seniors'
lodge or other similar public or quasi-public institutions.
b. no part of a building, pump or other accessory building shall be within 6.1 m (20 ft) of a side or
rear property line.
c. service stations, gas bars, and bulk fuel and oil sales establishments shall have a minimum front
yard of not less than 12.2 m (40 ft), except that gasoline pumps may be located as close as 6.1
m (20 ft) to the front property line; and
d. underground storage tanks shall be set back from adjacent buildings in accordance with all
regulations passed pursuant to the Alberta Safety Codes Act and the Alberta Fire Code.
7.17.2.
The minimum lot area shall be 743.2 m2 (8,000 ft2) and the maximum building coverage shall be 25
percent. For service stations or gas bars including a car wash the minimum lot area shall be 1114.8
m2 (12,000 ft2).
7.17.3.
Where a service station or a gas bar forms part of a shopping centre or auto dealership development,
the minimum lot area and maximum building coverage may be varied at the discretion of the
Development Authority.
7.17.4.
All parts of the site to which vehicles may have access shall be hard surfaced and drained to the
satisfaction of the Development Authority.
7.17.5.
No activity may be carried on which constitutes a nuisance or annoyance to persons occupying land
in the immediate vicinity of the site, by reason of dust, noise, gases, odours, smoke, or vibration.
7.17.6.
The site of the buildings shall be maintained in a clean and tidy condition and free from all debris.
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7.18 Shipping Container
7.18.1.
Shipping containers shall only be used as accessory structures for storage purposes.
7.18.2.
If the structure of a shipping container is altered to accommodate another use other than storage
and meets the National Building Code and any applicable Alberta Safety Code for that use, it is no
longer considered a shipping container use.
7.18.3.
The maximum size of a shipping container shall be a length of 13.72 m (45.0 ft), the width of 2.44 m
(8.0 ft), and a height of 2.9 m (9.5 ft).
7.18.4.
The Development Authority may require additional setback for shipping containers in addition to the
respective accessory building set back regulation.
7.18.5.
Shipping containers shall only be placed in the side or rear yard of the parcel.
7.18.6.
Shipping containers shall be visually screened from neighbouring properties.
7.18.7.
Temporary placement of shipping containers may be permitted if required for construction or
development of a parcel, subject to subsection 3.2.1 of this Bylaw.
7.18.8.
Approval from the Development Authority is required for placement of shipping containers within the
Country Residential district and the Urban General district.
7.18.9.
The table below indicates the number of shipping containers allowed within each district and when,
and what type, of development permit application is needed:
P = PERMITTED USE
D = DISCRETIONARY USE
E = EXEMPT
NA = NOT ALLOWED
MAXIMUM NUMBER OF
SHIPPING CONTAINERS
ALLOWED
A
UG
RC
RI
T
CR
LC
IE
IL
IM
1
E
D
E
E
E
P
E
E
E
E
2
E
D
P
E
P
D
P
E
E
E
3 - 5
P
D
D
P
P
D
D
E
E
E
6 - 10
D
NA
D
D
D
NA
D
P
P
E
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P = PERMITTED USE
D = DISCRETIONARY USE
E = EXEMPT
NA = NOT ALLOWED
MAXIMUM NUMBER OF
SHIPPING CONTAINERS
ALLOWED
A
UG
RC
RI
T
CR
LC
IE
IL
IM
10+
D
NA
NA
D
D
NA
D
D
D
P
7.19 Solar Collectors, Personal
7.19.1.
Solar Collectors must be located such that they do not create undue glare on neighbouring parcels
or public roadways.
7.19.2.
The following regulations apply to solar collectors not requiring a development permit:
a. Solar Collectors, Structure Mount subject to meeting the following requirements:
(i)
roof-mounted solar collectors may project a maximum of 1.22 m (4 ft) from the surface of
the roof;
(ii) must not extend beyond the outermost edge of the roof; and
(iii) shall be located as to not impede access to the roof structure for emergency purposes.
b. Solar Collectors, Ground Mount and associated equipment which covers a total area equal to or
less than 10.0 m² (107.0 ft²) and/or must not exceed 2.44 m (8 ft) in height above existing grade.
c. In addition to (a) and (b) above, the solar collector is utilized (primarily) for private or on-site use,
although contribution to the grid may be possible.
7.20 Solar Collectors, Commercial
7.20.1.
Approval from the Alberta Utilities Commission (AUC) and any other provincial or federal agency or
utility company may be required prior to the operation of any grid-connected solar energy system.
7.20.2.
Solar Collectors must be located such that they do not create undue glare on neighbouring parcels
or public roadways.
7.20.3.
The following regulations apply to Solar Collectors, Commercial:
a. Setback requirements of the district must be met or setback requirements shall be as required by
the Development Authority.
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b. A landscaping plan may be required for commercial solar collectors indicating efforts made by the
owner/operator to mitigate the potential impacts.
c. A weed control management plan is required to mitigate weeds spreading beyond the site.
d. If the commercial solar collectors have been decommissioned, the owner/operator shall return the
project location to the same or better land capability it had before the project started. A
decommissioning and or mitigation plan may be required.
7.21 Special Event Venues
7.21.1.
All special event venues must prepare an Emergency Response Plan and Noise Management Plan
approved by the Development Authority, at its discretion.
7.21.2.
Special event venues shall provide adequate ingress and egress to parking areas, to the satisfaction
of the Development Authority.
7.21.3.
Unless otherwise approved by the Development Authority, special event venues shall only host a
continuous event for a maximum of ten (10) consecutive calendar days, excluding the time required
to prepare, erect, cleanup, and dismantle the event.
7.21.4.
Special event venue shall ensure all persons who occupy the site, shall not make or cause unusual
or unnecessary noise which will disturb or is likely to disturb adjacent landowners during the hosting
of events, beyond the boundaries of the property between the hours of 11:01 p.m., and 7:00 a.m.
7.21.5.
Special event venues shall ensure sound systems for events are directed away from adjacent
residential dwellings, with noise levels not exceeding 35 dBA when measured from the exterior of
adjacent residential dwelling between the hours of 11:01 p.m. and 7:00 a.m.
7.21.6.
The site shall be maintained in a neat and orderly manner including the containment of all construction
and the removal of all garbage and waste from the lands.
7.21.7.
All necessary approvals will be required from applicable municipal, provincial, and federal bodies,
including Alberta Health Services, Alberta Gaming, Liquor and Cannabis, and the Royal Canadian
Mounted Police, prior to a development permit being issued.
7.21.8.
In districts where special event venue uses are discretionary, the Development Authority shall assess
applications for special event venue uses based on compatibility with surrounding areas, including
maintaining the privacy of adjacent residential uses.
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7.22 Temporary Accommodations
7.22.1.
A development permit is required for temporary accommodation continuously occupied for more than
six (6) months.
7.22.2.
The maximum number recreational vehicles for a parcel of land exempt from requiring a development
permit shall be no more than two (2). If additional recreational vehicles are desired on a parcel of
land, it will require a development permit and there has to be indication that additional recreational
vehicles are allowed under a separate use.
7.22.3.
In all cases where a development permit for a temporary accommodation use is being issued, the
terms of occupancy may be specified in the conditions of the development permit.
7.22.4.
Occupied temporary accommodations shall have the sewage and wastewater disposed of in a
manner satisfactory to the Development Authority. A Stop Order may be issued requiring the private
sewage disposal system to be improved or requiring the recreational vehicle to be removed if sewage
is not disposed of satisfactory.
7.22.5.
No modifications such as an attached canopy, deck, lean-to, or any other attached accessory
building shall be made to the temporary accommodations unless engineered drawings are submitted
to the Development Authority and approved by an Accredited Safety Codes Agency.
7.22.6.
No recreational vehicle shall be affixed to a foundation or slab.
7.22.7.
All seasonal cabins shall require a development permit, as seasonal cabins are not allowed to be
inhabited exceeding a consecutive period of six (6) months but are allowed to have occupants
periodically throughout the year.
7.22.8.
The above regulations do not apply to campgrounds approved in accordance with subsection 7.3
Campgrounds of this Bylaw.
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8.0 Procedure for Development Applications
8.1
Development Permit Applications
8.1.1.
In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to ensure
and obtain other approvals or licenses that may be required by other regulatory departments or
agencies.
8.1.2.
Development permit applications shall be completed and submitted to the Development Authority in
writing or electronically for any proposed development, using the development permit form, except
for circumstances outlined in Section 3.0: Exemptions and Non-Conforming.
8.1.3.
A use described as "other uses" in this Bylaw shall be considered a discretionary use. It will be
assessed on whether it meets the intent of the district, the objectives, and policies of the MDP, and
the potential impacts on the surrounding community when the Development Authority considers the
approval of the development permit application.
8.2
Development Permit Application Contents
8.2.1.
All development permit applications shall include the development permit requirements listed below,
when applicable:
a. A complete development permit application form with the signature of the landowner(s) or an
agent authorized by the landowner(s) to prepare and submit the application.
b. Permission for reasonable right-of-entry by County staff for site inspection.
c. A statement outlining the proposed use of the land and building(s).
d. A copy of the Certificate of Title for the subject property, issued within thirty (30) calendar days of
the day the application is submitted.
e. A site plan drawn to scale and in metres, showing the following information:
-
north arrow and scale;
-
the legal land description;
-
front, rear, and side yard setbacks;
-
adjacent roads and highways;
-
exact location and dimensions of existing and proposed buildings;
-
outlines of roof overhangs and dimensions;
-
location, dimensions, and number of on-site loading, vehicle parking and heavy truck
and equipment locations, if applicable;
-
location and dimensions of access and egress points to the site;
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-
hard surfacing, landscaping, and identification of surface treatment for all areas, if
applicable;
-
existing and proposed fencing, if applicable;
-
existing and proposed sign locations, if applicable;
-
all rights-of-way and easements within or abutting the subject property, if applicable;
-
location of lighting, lighting standards, hydrants, and utility fixtures, where applicable;
-
location of existing and abandoned well and battery sites, if applicable;
-
foundation plans and elevations, if applicable;
-
related proposed development such as sidewalks, patios, driveways, playgrounds, and
other enclosures, if applicable;
-
location of existing and proposed infrastructure, if applicable;
-
location of dugouts, if applicable;
-
any buildings or structures that are to be removed, demolished, or re-located to
accommodate the proposed development, if applicable; and
-
existing and proposed site grades and drainage patterns, if applicable.
f. The location and boundaries of the physical bank, determined by an Alberta Land Surveyor, of
any permanent stream or waterbody that is within or adjacent to the site, if applicable.
g. Identification of all bodies of water, water courses, drainage courses and flood hazard areas on
or abutting the site including arrows indicating the direction of water flow, if applicable.
h. Landscaping information, including the location of vegetation that is proposed to be retained and
removed with general type, size, number, spacing and height of plantings, if applicable.
i. Adjacent land uses and locations of buildings and/or structures, if applicable.
j. Setback distances from existing developments that contain cannabis related facilities, sewage
lagoons, landfills, hazardous lands, etc., if applicable.
k. Supporting technical studies as required by the Development Authority, if applicable.
l. A description of the proposed variance, if applicable.
m. A description of the proposed sign and contents, if applicable.
n. The estimated project value of the proposed development, excluding the land.
o. A grading plan showing how stormwater will be managed, if applicable.
p. The estimated start and completion dates of construction, if applicable.
q. A Roadside Development Permit from Alberta Transportation, when required.
r. Applicable fees accordance with the Fees, Rates, and Charges Bylaw, amended from time to
time.
s. Any other items deemed necessary by the Development Authority.
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8.3
Complete Applications
8.3.1.
The Development Authority shall receive all development permit applications and determine within
twenty (20) days after the receipt of a development permit application whether it is complete in
accordance with the information requirements of this Bylaw.
8.3.2.
The Development Authority shall inform the applicant by electronic or standard mail, within twenty
(20) days after the receipt of a development permit application if the application is considered
complete.
8.3.3.
If the Development Authority does not decide on completeness of the application within twenty (20)
days, and a time extension has not been agreed to in writing between the applicant and the
Development Authority, the development permit application will be deemed complete.
8.4
Incomplete Applications
8.4.1.
A development permit application shall not be considered complete by the County until the
requirements in subsection 8.2 Development Permit Application Contents have been met to the
satisfaction of the Development Authority.
8.4.2.
If an application for a development permit does not contain all the necessary information or does not
contain sufficient details to complete an evaluation of the application and to make a proper decision,
the Development Authority shall find the application to be incomplete and inform the applicant by
electronic or standard mail within twenty (20) days after the receipt of a development permit
application that the application is considered incomplete. The Development Authority may require
details or information not specifically referred to in subsection 8.2 Development Permit Application
Contents if in the Development Authority's opinion, the details or information are necessary to
evaluate the application and make a decision.
8.4.3.
When notifying an applicant that their development permit application is incomplete, the Development
Authority shall inform the applicant what outstanding documents and information must be submitted
by the date set out in the notice or a later date agreed on between the applicant and the Development
Authority in order for the application to be considered complete.
8.4.4.
The Development Authority shall inform the applicant by electronic or standard mail within twenty
(20) days after the receipt of the updated application, that the application is considered complete or
incomplete.
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8.5
Application Referrals
8.5.1.
The Development Authority or Subdivision Authority shall refer any development permit application,
subdivision applications, and redistricting application in accordance with the following:
Man dat ory Re ferral
Referral Des crip tio n
ADJACENT RURAL
MUNICIPALITY
Within 3.2 km of the jurisdictional boundary and in accordance with any
adopted IDP:
- Discretionary Development Permit Applications
- Subdivision Applications
- Redistricting Applications
ALBERTA
TRANSPORTATION
Within 300 m from the highway right of way boundary or 800 m of a
highway centre line:
- Development Permit Applications
Within 1.6 km of a highway centre line:
- Subdivision Applications
- Redistricting Applications
ADJACENT URBAN
MUNICIPALITIES
In accordance with any adopted IDP:
- Discretionary Development Permit Applications
- Subdivision Applications
- Redistricting Applications
ADJACENT
LANDOWNERS
All adjacent landowners:
- Discretionary Development Permit Applications, excluding
accessory uses to an already approved Discretionary Use
- Development Permit Applications with Variances
- Subdivision Applications
- Redistricting Applications
OTHER MANDATORY
REFERRALS
- The County shall also refer all subdivision applications in
accordance with the Matters Related to Subdivision and
Development and the MGA.
8.5.2.
Given the nature and location of the application, the Development Authority or Subdivision Authority
may, at their discretion, also refer development permit applications, subdivision applications, and
redistricting applications to the following agencies:
a. The department responsible for regulating the oil and gas industry in Alberta;
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b. The department responsible for regulating the environment and parks in Alberta;
c. The department(s) responsible for regulating critical wildlife, vegetation, and physical
environments;
d. The department responsible for regulating the health and protection of citizens in Alberta; and
e. Any other agency the Development Authority deems appropriate.
8.5.3.
Comments received during the referral process may inform the Development Authority's decision.
8.6
Development Permit Decisions
8.6.1.
The Development Authority shall review each development permit application and determine its
compliance with this Bylaw. When a development permit application includes variances request or
discretionary uses the Development Authority shall assess the application as outlined based on the
following criteria in accordance with Section 640(6) of the MGA:
a. unduly interfere with the amenities of the neighbourhood, or materially interfere with or affect the
use, enjoyment, or value of neighbouring parcels of land,
b. the proposed development conforms with the use prescribed for that land or building in the land
use Bylaw.
8.6.2.
The Development Authority shall make a decision on development permit applications within forty
(40) days of when the application has been deemed complete in accordance with subsection 8.2
Development Permit Application Contents. If the Development Authority does not make a decision
within forty (40) days, the development permit application is deemed refused, unless an extension
has been agreed to in writing by both the applicant and the Development Authority.
8.6.3.
When making the decision on a development permit application, the Development Authority may
approve the application unconditionally, approve the application with conditions, approve the
development permit application indefinitely or for a limited period of time, or refuse the application.
8.6.4.
As a condition of a development permit approval, including a variance, the Development Authority
may require that the applicant enter into a development agreement to:
a. construct or pay for the construction of roads, pedestrian walkways or parking areas that serve
the development, or which connect the walkway with another walkway system that serves or is
proposed to serve an adjacent development;
b. install or pay for the installation of municipal servicing infrastructure;
c. provide a security to ensure that the terms of the agreement noted are carried out;
d. outline hours of operations;
e. comply with plans that have been submitted as part of the application;
f. monitor the development;
g. carry out the recommendations of any supporting technical reports relating to the application; and
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h. mitigate the impacts identified through the assessment process.
8.6.5.
The Development Authority in considering an application may impose conditions requiring the
retention of trees, or additional planting of such a type and extent that is considered necessary on
any application for development.
8.6.6.
The Development Authority may impose a minimum buffer strip from the top of the bank of any river,
creek, watercourse, or water body and may disallow any structures of any kind from being permitted
within this strip to ensure there is no risk or adverse effect on development or environmentally
sensitive area(s). The Development Authority may require an environmental and geotechnical
assessment prepared by a qualified professional in order to determine the appropriate depth of the
buffer strip. Such report must demonstrate:
a. An appropriate setback between the proposed development and environmentally sensitive
area(s);
b. Whether any specific construction features should be required to address the possibility of
subsidence, flooding or other adverse effects; and
c. historical analysis of the lands, including water-levels, topography, vegetation, waterbodies and
watercourses. The Development Authority shall not approve a development permit application
without the applicant demonstrating they can safely install a sanitary facility that meets provincial
standards, when applicable.
8.6.7.
The Development Authority shall not approve a development permit application until the Development
Authority is satisfied that water supplies are of sufficient quality and quantity to support existing and
proposed development, which may also include on-site water storage to meet the development's fire
suppression requirements.
8.6.8.
A development permit application shall not be approved unless the lot where the development is
proposed to take place has direct access to a public road that meets the municipality's standards.
8.6.9.
If the Development Authority refuses a development permit application, the decision shall contain
reasons for the refusal.
8.6.10.
If the development permit application is refused based on the merits of the application and not due
to the applicant failing to submit all outstanding information and documents, the Development
Authority will not accept the same development permit application for at least six (6) months following
the decision.
8.6.11.
Further to subsection 8.6.10 above, if the development permit application is refused due to the
applicant failing to submit all outstanding information and documents, the Development Authority will
accept a new development permit application for the same use immediately following the refusal.
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8.7
Development Permits and Notices
8.7.1.
A notice for decision made by the Development Authority for a development permit application shall
be provided in accordance with the following:
Develo pme nt p ermit
Appli cati on
Pro ce ss of No tice
PERMITTED USES THAT
COMPLY WITH THIS
BYLAW OR MAY BE MADE
TO DO SO BY APPROVAL
CONDITIONS AND
EXTENSION OF AN
EXISTING PERMIT
- Notice of the decision and development permit immediately
issued to the applicant through ordinary or electronic mail,
whichever the applicant indicates on their application.
- County website
PERMITTED USES
APPROVED WITH
VARIANCES
ACCESSORY
BUILDINGS/USES TO AN
ALREADY APPROVED
DISCRETIONARY USE
- Notice of the decision immediately sent to the applicant
through ordinary or electronic mail, whichever the applicant
indicates on their application.
- County website
- Notice of the decision immediately sent to the applicant
through ordinary or electronic mail, whichever the applicant
indicates on their application.
- Adjacent landowners are notified in writing of the decision and
provided a twenty-one (21) day appeal period.
- County website
- Development permit valid if no appeals received, or if an appeal
to the SDAB or LPRT has been received, after the appeal
board has made its decision (and the decision confirms the
permit).
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Develo pme nt p ermit
Appli cati on
Pro ce ss of No tice
DISCRETIONARY USES
- Notice of the decision immediately sent to the applicant
through ordinary or electronic mail, whichever the applicant
indicates on their application.
- Adjacent landowners are notified in writing of the decision.
- Decisions shall be posted for one (1) week in the newspaper
circulating in the area of the municipality where the land is
located.
- County website
- Twenty-one (21) day appeal period.
- Development permit valid if no appeals received, or if an appeal
to the SDAB or LPRT has been received, after the appeal
board has made its decision (and the decision confirms the
permit).
REFUSED APPLICATIONS
- Notice of the decision immediately sent to the applicant
through ordinary or electronic mail, whichever the applicant
indicates on their application, outlining reason(s) for the refusal.
- Adjacent landowners are notified in writing of the decision.
- Other landowners who have submitted written comments
regarding the application are notified in writing of the decision.
- County website
INCOMPLETE
APPLICATIONS WHICH
ARE THEREFORE DEEMED
REFUSED
- Notice of the decision immediately sent to the applicant
through ordinary or electronic mail, whichever the applicant
indicates on their application, outlining reason(s) for the refusal
and/or the missing or incomplete information.
8.7.2.
A copy of the Development Authority's decision shall be sent to any authority, agency or person
consulted in accordance with subsection 8.5 Application Referrals.
8.7.3.
Notification of a development permit application submitted to Council for decision for a Direct Control
District shall be:
a. published in two (2) consecutive issues of the newspaper operating in the area of the municipality
where the land is located; and
b. mailed by regular mail to each landowner of the properties adjacent to the land that the Direct
Control District would apply to.
8.7.4.
Applicants shall have twelve (12) months to start the development indicated on their approved
development permit and two (2) years to complete the development indicated on their approved
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development permit, from the date the development permit was issued. Failure to meet these
timeframes will result in the development permit being void unless the Development Authority grants
an extension.
8.8
Development Permit Extensions
8.8.1.
The Development Authority may extend periods of time related to development permit approvals as
follows:
a. development permit approval for a use which remains compatible with adjacent land uses and
which continues to conform to the Bylaw may be extended, in six (6) month increments, to a
maximum of four (4) extensions; and
b. a development permit approval extension may be granted one (1) time without the review of
conditions and there may be not more than four (4) additional extensions that are subject to the
applicant showing substantial completion of the majority of the conditions. The Development
Authority may grant three (3) extensions, but after the third extension the applicants are subject
to any amended regulations.
8.8.2.
A development permit approval where the use that would result from the development coming into
conflict with adjacent land uses or which no longer conforms to the Bylaw must not be extended.
8.8.3.
A development permit approval granted two (2) years from the date of the extended approvals may
not be extended.
8.9
Development Permit Revisions
8.9.1.
Applicants may revise their development permit applications at any time prior to the Development
Authority circulating the application to the appropriate authorities for comments. If the applicant
requests revisions to the application after it has been circulated, the Development Authority shall
determine if the application must be recirculated to the appropriate authorities in order to provide the
opportunity to comment on the revision prior to a decision being made.
8.9.2.
Additional public notice shall not be required if a revised development permit application:
a. is minor in nature; and
b. includes a storm water management plan that allows for increased storm water arising from
increased site coverage.
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9.0 Procedure for Subdivision Applications
9.1
Subdivision Applications
9.1.1.
Subdivision applications shall be completed and submitted to the Subdivision Authority in writing or
electronically for any proposed subdivision, using the subdivision application form.
9.1.2.
All subdivision applications shall adhere to the minimum requirements as determined by the
Subdivision Authority and shall include the following mandatory subdivision application requirements:
a. A complete subdivision application form with the signature of the landowner(s) or an agent
authorized by the landowner(s) to prepare and submit the application;
b. Permission for reasonable right-of-entry by County staff for site inspection.
c. Current Certificate of Title dated within thirty (30) days prior to the application date.
d. Location of existing and abandoned well and battery sites, or a declaration stating that they are
not present.
e. A site plan drawn to scale and in metres, indicating the location, dimensions, and boundaries of
the parcel to be subdivided.
f. The proposed lot(s) to be registered in a Land Titles Office.
g. A site plan indicating the location, dimensions, and boundaries of:
(i)
every new lot to be created;
(ii) municipal and environmental reserves;
(iii) easements and utility rights-of-way;
(iv) internal roadways;
(v) land uses;
(vi) water and wastewater servicing;
(vii) stormwater servicing; and
(viii) location of buildings and their support infrastructure (e.g., party areas, accessory buildings,
etc.), if applicable
h. All applicable fees.
9.1.3.
The Subdivision Authority, at its discretion, may also request other information as identified in Part 2,
Section 6(7) of the Matters related to Subdivision and Development Regulation.
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9.2
Complete Subdivision Applications
9.2.1.
The Subdivision Authority shall receive all subdivision applications and determine within twenty (20)
days after the receipt of the application whether it is complete in accordance with the information
requirements of this Bylaw, in accordance with Section 653.1(1) of the MGA.
9.2.2.
The subdivision application is considered complete if it contains all the information listed in subsection
9.1 Subdivision Applications, as required by the Subdivision Authority.
9.2.3.
If the Subdivision Authority does not make a decision within twenty (20) days, and a time extension
has not been agreed between the applicant and the Subdivision Authority, the subdivision application
shall be deemed complete.
9.2.4.
The Subdivision Authority shall inform the applicant by electronic, or standard mail, within twenty (20)
days after the receipt of a development permit application that the application is considered complete.
9.3
Incomplete Subdivision Applications
9.3.1.
If an application is found incomplete, the Subdivision Authority shall issue a letter to the applicant that
lists the outstanding documents and information to be submitted within a specified timeframe to be
considered a complete application.
9.3.2.
After the outstanding documents and information are submitted, to the satisfaction of the Subdivision
Authority, and reviewed to determine if the application is complete, the Subdivision Authority shall
send a notice in writing to the applicant to confirm the application is complete.
9.3.3.
In accordance with the MGA, additional information and/or documentation necessary to review a
subdivision application may be required from the applicant during the course of a file review.
9.3.4.
If a subdivision application is deemed incomplete because the applicant/landowner fails to provide
the information within the agreed timeframe as outlined in subsection 9.3.1 above, the application
shall be refused with reasons by the Subdivision Authority unless the applicant/landowner had
previously expressed, in writing, to have the subdivision application withdrawn or agree to an
extension in writing.
9.4
Subdivision Application Referrals
9.4.1.
The Subdivision Authority shall refer subdivision applications in alignment with subsection 8.5
Application Referrals and the Matters related to Subdivision and Development Regulation.
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9.4.2.
After thirty (30) calendar days from the date of referral to authorities, agencies, or landowners, the
Subdivision Authority may make a decision on the subdivision application, whether or not comments
have been received.
9.4.3.
The Subdivision Authority is not required to refer a subdivision application to any agency outlined in
Part 2, Section 7(8) of the Matters related to Subdivision and Development Regulation if the
subdivision is within an approved Area Structure Plan or Conceptual Scheme that was referred to
those agencies.
9.5
Subdivision Decision Time Period
9.5.1.
If the Subdivision Authority fails to make a decision on an application for subdivision within sixty (60)
days of the date on which the application was accepted, the applicant may, within fourteen (14) days
after the 60-day period has expired:
a. enter into an agreement with the Subdivision Authority to extend the period beyond sixty (60)
days; or
b. treat the application as "deemed refused" and file an appeal.
9.5.2.
If the subdivision application is refused, the Subdivision Authority shall not accept an application for
subdivision from the applicant in respect of the same lands for at least six (6) months following the
decision.
9.6
Subdivision Application Decisions
9.6.1.
The Subdivision Authority must receive, consider, and make decisions on all subdivision applications.
9.6.2.
The Subdivision Authority shall assess subdivision applications based on Section 654(1) MGA, the
regulations in this Bylaw, and in accordance with the Matters related to Subdivision and Development
Regulation.
9.6.3.
In their decision, the Subdivision Authority may:
a. approve an application with conditions;
b. refuse the application; or
c. if the applicant fails to submit all the outstanding information and documents on or before the date
referred in notification to the applicant of an incomplete application, the application is deemed to
be refused.
9.6.4.
If the Subdivision Authority refuses an application as outlined in subsection 9.6.3 above, reasons for
the Subdivision Authority's decision must be provided in writing.
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9.6.5.
The Subdivision Authority may impose conditions considered appropriate for the development and
as provided for in the MGA, the Regulation or in this Bylaw on a subdivision approval.
9.6.6.
A subdivision application that creates a new lot or boundary adjustment where an existing dwelling
or other activity requires on-site servicing shall not be approved unless the Subdivision Authority is
satisfied that it can be demonstrated that sanitary servicing can be adequately provided on-site.
9.6.7.
A subdivision application that creates a new lot or boundary adjustment where an existing dwelling
or other activity requires on site water must supply a sufficient quality and quantity to support the
existing and proposed future development on the new lot, which may also include on-site water
storage to meet the development's fire suppression requirements.
9.6.8.
A subdivision application shall not be approved unless the Subdivision Authority is satisfied with the
management of stormwater and can meet the requirements of the Subdivision Authority.
9.6.9.
At the discretion of the Subdivision Authority, the provision of a water reservoir, dugout or other similar
facility may be required in a residential development of more than three (3) lots for the purpose of
firefighting protection.
9.6.10.
New subdivision(s) shall not be permitted on land where a dwelling, school, hospital, or food
establishment could not be developed on the lot because of the setback regulations for landfills,
wastewater, sewage lagoon, or sour gas facilities, unless a caveat is registered against the title
prohibiting these uses.
9.7
Subdivision Approval Time Extensions
9.7.1.
Council delegates the power to the Subdivision Authority to extend periods of time related to
subdivision approvals as follows:
a. a subdivision approval for a use, which remains compatible with adjacent land uses and continues
to conform to the Bylaw, may be extended in one-year increments;
b. a single extension for subdivision approval may be granted without the need for reviewing the
conditions. Up to four (4) additional extensions can be considered, but for each of these, the
applicant must demonstrate substantial completion of the majority of the conditions. The
Subdivision Authority has the discretion to approve three (3) of these extensions, but starting from
the fourth extension, applicants may be subject to any amended County regulations or policies;
c. a subdivision approval, where the use that would result from the subdivision coming into conflict
with adjacent land uses or which no longer conforms to the Bylaw, must not be extended; and
d. a subdivision approval granted five (5) years from the date of the extended approvals may not be
extended.
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9.8
Approved Subdivision Endorsement Time Period
9.8.1.
The plan of subdivision, or instrument, must be submitted to the Subdivision Authority for
endorsement within one year of the subdivision's approval date or by the time prescribed by the
Subdivision Authority beyond one (1) year; otherwise, the subdivision approval is void.
9.8.2.
The plan of subdivision, or instrument, must be submitted to the Land Titles office for registration
within one (1) year from the time of endorsement or by the time prescribed by Council or its delegate
beyond one (1) year; otherwise, the subdivision approval of the plan or instrument and the
endorsement is void unless an extension has been granted.
9.8.3.
The Subdivision Authority may grant not more than one (1) extension, to a maximum of five (5) years
of the period referred to in subsection 9.8.2 above.
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10.0 Appeal Process
10.1 Appeal Authority
10.1.1.
In this Bylaw, the Appeal Authority is the Subdivision and Development Appeal Board (hereinafter
referred to as the "SDAB") as established by Bylaw, in accordance with Section 627 of the MGA or
the Land and Property Rights Tribunal (hereinafter referred to as the "LPRT"), as determined by the
MGA.
10.2 Procedure for Development Permit, Subdivision, and
Stop Order Appeals
10.2.1.
Development Permit, Subdivision, and Stop Order Appeals shall be to the Appeal Authority in
accordance with the MGA and consistent with the applicable procedures of the SDAB or the LPRT.
D E V E L O PM E N T P ERM I T A P P EA L S
10.2.2.
A development permit appeal may be made by the following:
a. the applicant of a development permit if the Development Authority:
(i)
refuses a development permit;
(ii) issues a development permit subject to conditions; or
(iii) fails to make a decision with respect to an application within forty (40) days of receipt of a
complete application or within such longer period as the applicant may have approved in
writing.
b. by any person claiming to be affected by a development permit decision.
10.2.3.
A development permit appeal shall be made by serving a written Notice of Appeal accompanied by
the applicable fee, containing reasons for the Appeal to the Appeal Authority as specified in Section
686(1) of the MGA:
a. in the case of an appeal made by a person referred to in subsection 10.2.2.(a) above within
twenty-one (21) calendar days after:
(i)
the date on which the decision of the development permit was given; or
(ii) if no decision is made with respect to the application within the forty (40) calendar day period
or within any extension of this time limit referred to under subsections 8.6.2. Development
Permit Decisions, the date the period or extension expires.
10.2.4.
No appeal may be made in respect of the issuance of a development permit for a Permitted Use
unless the provisions of this Bylaw were relaxed, varied, or misinterpreted.
10.2.5.
No appeal may be made in respect of a decision of Council or their delegated Development Authority
of a development permit in a Direct Control District.
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S U B DI VIS I ON A P P EAL
10.2.6.
Specified in Section 678.1c of the MGA, the decision of a Subdivision Authority on an application for
subdivision approval may be appealed by the Council of the municipality in which the land to be
subdivided is located if the Council, a Designated Officer of the municipality or the municipal planning
commission of the municipality is not the Subdivision Authority.
10.2.7.
An appeal with regard to a subdivision application may be made by the following:
a. by the applicant of a subdivision application if the Subdivision Authority:
(i)
issues a subdivision approval subject to conditions;
(ii) refuses a subdivision with reasons;
(iii) fails to make a decision with respect to an application within sixty (60) days of receipt of a
complete application if the application was referred to external agencies, or in twenty-one
(21) days if it was not referred to external agencies, or within such longer period as the
applicant may have approved in writing; or
b. by any provincial department that required referral by the Matters related to Subdivision and
Development Regulation or a local school board.
10.2.8.
A Subdivision Appeal shall be made by serving a written Notice of Appeal, containing reasons for the
Appeal to the Appeal Authority as specified in Section 678(2) of the MGA:
a. within fourteen (14) calendar days after:
(i)
receipt of the Notice of Decision; or
(ii) if no decision is made with respect to the application within the sixty (60) calendar days or
within any extension of this time limit referred to under subsection 9.5 Subdivision Decision
Time Period, the date the period or extension expires.
10.2.9.
In accordance with Section 678(3) of the MGA, the date of receipt of the decision is deemed to be
seven (7) calendar days from the date the decision is mailed.
S T O P OR D ER A PP E AL
10.2.10. An appeal with regard to a Stop Order made under Section 645 of the MGA and Section 12.0: Bylaw
Enforcement of this Bylaw may be made by the following:
a. the person(s) who received the Order; or
b. by any person claiming to be affected by the Order.
10.2.11. A Stop Order Appeal shall be made by serving a written Notice of Appeal, containing reasons for the
Appeal to the Appeal Authority within twenty-one (21) calendar days after the date on which the
Order was made, in accordance with Section 686(1) of the MGA.
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10.3 Persons to be Heard at the Hearing
10.3.1.
As per Section 686(1) of the MGA, at the hearing of a development permit or subdivision approval
appeal, the Appeal Authority must hear:
a. the applicant or any person acting on behalf of the applicant;
b. the appellant or any person acting on behalf of the appellant;
c. a municipality or any of those to whom the application was referred to or given notice in
accordance with this Bylaw and the MGA;
d. the Development Authority or Subdivision Authority from whose order, decision or development
permit the appeal is made, or the person acting on their behalf; and
e. any other person who claims to be affected and that the Subdivision and Development Appeal
Board agrees to hear or someone acting on that person's behalf.
10.4 Appeal Decision
10.4.1.
In determining a development permit or subdivision permit appeal, the Appeal Authority:
a. shall comply with the provincial land use policies;
b. must comply with applicable land use policies and statutory plans, in accordance with Section
638(1) of the MGA;
c. must comply with any land use policies and bylaw in effect, in accordance with Section 687(3)
clauses (a.1) and (a.3) of the MGA;
d. Must comply with the applicable requirements of the regulations under the Gaming, Liquor and
Cannabis Act, in accordance with Section 687(3) clause (a.4) respecting the location of premises
described in a cannabis licence and distances between those premises and other premises;
e. may confirm, revoke, or vary the order, decision or development permit or any condition attached
to it or may make or substitute an order, decision, or development permit of its own;
f. may make an order or decision or issue or confirm the issuance of a development permit even
though the proposed development does not comply with this Bylaw if, in its opinion, the proposed
development conforms with the prescribed use for the land or building as defined in this Bylaw,
and would not:
(i)
unduly interfere with or affect the use, enjoyment, or value of neighbouring properties; and
(ii) materially interfere with or affect the use, enjoyment, or value of neighbouring properties.
10.4.2.
Decisions for development permit appeals are subject to Section 687 of the MGA and decisions for
subdivision permit appeals are subject to Section 680 of the MGA.
10.4.3.
The Appeal Authority must give its decision in writing together with reasons for the decision within
fifteen (15) days of concluding the hearing.
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10.5 Court of Appeal
10.5.1.
In accordance with Section 688(1) of the MGA, an appeal lies to the Court of Appeal on a question
of jurisdiction or law with respect to a decision of the Appeal Authority.
10.5.2.
An application for permission to appeal in accordance with subsection 10.5.1 above must be filed
and served within thirty (30) days after the issuance of the decision sought to be appealed, and notice
of the application must be given to:
a. the County;
b. the Subdivision and Development Appeal Board; and
c. any other person(s) that the court directs.
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11.0
Bylaw Amendment Process
11.1 Amendment Procedure
11.1.1.
All amendments to this Bylaw shall be made by Council by Bylaw and in accordance with Section
692 of the MGA, and following a public hearing, in accordance with Section 216.4 of the MGA.
11.1.2.
Council may, at any time, initiate an amendment to this Bylaw affecting any parcel of land, in
accordance with the MGA, without the landowner's consent.
11.1.3.
Any person may apply to amend this Bylaw by submitting an application to the Development Authority
in writing, with the required supporting documentation and by paying the appropriate fee.
11.1.4.
If the proposed amendment to this Bylaw is contradictory to an adopted Statutory Plan(s) or planning
document, the Development Authority shall advise the applicant that an amendment must be made
to the Statutory Plan(s) or planning document prior to, or concurrently with, the amendment to this
Bylaw.
11.1.5.
Upon receipt of a complete application to amend this Bylaw, the Development Authority shall
determine when the application will be placed before Council and shall issue at least fourteen (14)
days' notice to the applicant advising that they may appear before Council to speak to the application.
An application to amend this Bylaw shall be placed before Council on a date to be determined by the
Development Authority upon receiving the application and deeming it complete as outline in
subsection 11.2 Amendment Application.
11.1.6.
The Development Authority shall assess a proposed redistricting by considering the potential impact
any of the uses of the district may have on the existing community and prepare a recommendation
to Council in accordance with its assessment. If there is a potential of significant impacts arising from
one of the uses and/or the redistricting does not align with the MDP and/or other Statutory Plans, the
recommendation shall be to decline the application.
11.2 Amendment Application
11.2.1.
The Development Authority may refuse to accept an application to amend this Bylaw if the required
information has not been supplied or if the information is of inadequate quality to properly evaluate
the application.
F O R R E D IS TR I CT IN G
11.2.2.
All applications to amend districting within this Bylaw shall use the appropriate application form, and
shall include at least the following:
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a. the appropriate application fees;
b. completed application form;
c. the name, physical and email address and phone number of the applicant and the landowner of
the subject parcel and a notice of who will act as the contact person for the application;
d. a letter of authorization signed by all landowner(s), their agent, or other persons having legal or
equitable interest in the land, unless the application is initiated by Council;
e. if applicable, the municipal address(es) of the subject parcel of land(s);
f. a copy of the Certificate of Title for the subject parcel(s), issued within thirty (30) days prior to the
application date;
g. copy of any restrictive covenant(s) or caveats registered on the Certificate of Title;
h. a written statement from the applicant explaining the reasons for the proposed amendment and
how the amendment will not materially impact the existing community and conforms with any
relevant Statutory Plan(s) or planning document(s);
i. a properly dimensioned map of an appropriate scale indicating the parcel of land(s) proposed for
amendment, an assessment compatibility with existing land uses within a 400 m (1,312.3 ft) radius
of the boundaries of the lot or parcel of land(s) and including any prominent geographic or natural
features when required;
j. any other information as established by this Bylaw; and
k. any other information or documents deemed necessary by the Development Authority.
11.2.3.
When assessing a redistricting application, the County shall take into consideration all the uses and
the potential impact they may have on the surrounding environment and determine whether the
regulations of the new District are sufficient to mitigate those impacts and that it aligns with other
statutory documents, such as the MDP and any adopted Area Structure Plan.
F O R T E XT A M EN DM EN T S
11.2.4.
An application for a text amendment to this Bylaw shall include the following:
a. a written statement from the applicant explaining the reasons for the proposed Bylaw amendment
and how the amendment conforms with relevant Statutory Plan(s) or planning document(s), and
what, if any, potential impacts on the surrounding community;
b. the exact content of the proposed text amendment;
c. the appropriate fee;
d. a description of how the proposed text amendment may affect properties or developments of a
similar nature;
e. any other information or documents deemed necessary by the Development Authority.
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11.3 Advertising Requirements
11.3.1.
In accordance with Section 606, 606.1, and 692 of the MGA, upon receipt of a complete application
for amendment to this Bylaw, and prior to second reading of the amending Bylaw, the Development
Authority shall:
a. provide notice to:
(i)
the applicant;
(ii) the assessed owner(s) of the land if not the applicant;
(iii) the registered owner(s) of adjacent land if the proposed Bylaw provides for a change of
district;
(iv) other landowners that may be affected by the amendment, at the discretion of the
Development Authority; and
(v) adjacent municipalities and other external agencies in accordance with subsection 8.5
Application Referrals.
11.3.2.
The Development Authority may require that the applicant hold at least one (1) public meeting prior
to the public hearing.
11.3.3.
Notwithstanding subsections 11.3.1 and 11.3.2 above, this Bylaw may be amended without giving
notice or holding a public hearing, if the amendment constitutes a clerical (which can include
mapping), technical, grammatical, or typographical error or does not materially affect this Bylaw in
principle or substance, in accordance with Section 692(6) of the MGA.
11.4 Public Hearing
11.4.1.
At the Public Hearing, Council:
a. must hear any person, group of persons, or person representing them, who claims to be affected
by the proposed bylaw and who has complied with the procedures outlined by Council, and
b. may hear any other person who wishes to make representations and whom Council agrees to
hear.
11.5 Amendment Decisions
11.5.1.
Council should assess amendments to this Bylaw based on the information contained within the
amendment application when determining if the redistricting is appropriate. Specifically, Council
should assess applications to amend this Bylaw based on the following criteria:
a. the reasons for amendment;
b. alignment with the MDP and any other applicable Statutory Plan(s);
c. the potential impact on the community;
d. the potential impact on municipal infrastructure;
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e. the potential impact on the environment; and
f. the potential impact on the municipality's capital, operating, and maintenance budgets.
11.5.2.
After considering the amendment application, and the criteria contained in subsection 11.5.1,
representations at the Public Hearing, applicable and relevant Statutory Plans, recommendations
from administration, and any other matter it considers appropriate, Council may:
a. approve the proposed Bylaw;
b. amend the proposed Bylaw and then approve it;
c. refer the proposed Bylaw to administration for further review and/or changes, and reschedule the
application for further consideration; or
d. refuse the proposed Bylaw.
11.5.3.
If Council defeats an amendment application for this Bylaw, another application for the same, or
substantially the same amendment shall not be considered within six (6) months of the date of defeat,
unless Council directs otherwise.
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12.0
Bylaw Enforcement
12.1 Contravention
12.1.1.
In accordance with Section 645 of the MGA, the Development Authority may enforce provisions of
the MGA and the Matters related to Subdivision and Development Regulation, the conditions of a
development permit, subdivision approval, and this Bylaw. Enforcement may be made by written
notice of contravention, written stop order notice, or any other authorized action to ensure
compliance.
12.1.2.
In accordance with Section 645 of the MGA, the Development Authority may enforce the provisions
of the MGA and this Bylaw by written order requiring the person responsible for the contravention to
remedy it if the circumstances so require.
12.2 Prohibitions
12.2.1.
No person shall contravene or permit a contravention of this Bylaw on property they own or occupy.
12.2.2.
No person shall commence or undertake a development, subdivision, or use that is not allowed by
this Bylaw.
12.2.3.
No person shall contravene a condition of a permit or approval issued under this Bylaw, or an
agreement required as a condition of approval.
12.2.4.
No person shall authorize or pursue any development that varies with the description, specifications,
or plans that were the basis for the issuance of a development permit.
12.2.5.
No person shall modify any description, specifications, or plans that were the basis for the issuance
of any permit by an Approving Authority.
12.3 Cancellation, Suspension or Modification
12.3.1.
The Development Authority may cancel or suspend a development permit by written notice to the
permit holder if, after a development permit has been approved and/or issued, the Development
Authority becomes aware that:
a. the development application contains a misrepresentation;
b. facts concerning the application, or the development were not disclosed which should have been
disclosed at the time the application was considered;
c. the development permit was issued in error;
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d. the applicant withdrew the application by way of written notice; or
e. the development permit or the condition(s) imposed in the development permit have not been
complied with.
12.3.2.
The Development Authority may by written notice, order the owner, the person in possession of the
land or building or the person responsible for a contravention of the development approval to stop
and carry out actions as to comply with a subdivision approval.
12.3.3.
A person whose development permit is cancelled, or suspended, or a person who received a written
notice for a subdivision or development permit contravention, under this subsection may appeal to
the Appeal Authority in accordance with Section 10.0: Appeal Process.
12.3.4.
Modifications to an issued development permit shall only be allowed if, at the discretion of the
Development Authority, the modifications are minor that does not render the development in non-
compliance or increased non-compliance, and does not unduly interfere with the amenities of the
neighbourhood, or materially interfere with or affect the use, enjoyment, or value of neighbouring
parcels of land,
12.4 Entry to Property Regarding Land Use, Development
and Subdivision Matters
12.4.1.
After providing reasonable notice to the owner or occupant in accordance with Section 542 of the
MGA, the Development Authority and Subdivision Authority may enter the property at any reasonable
time to ensure that the Bylaw requirements are being complied with.
12.4.2.
Entry to the property shall be in accordance with Section 542 of the MGA.
12.5 Offences and Fines
12.5.1.
A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offence
and is liable upon summary of conviction to a fine not exceeding $10,000.00 or to imprisonment for
not more than one year, or to both fine and imprisonment, in accordance with Section 566 of the
MGA.
12.5.2.
A person who contravenes or fails to comply with any provision of a development permit or subdivision
approval is guilty of an offence and subject to a specified penalty of:
a. $500.00 penalty for the first offence; and
b. $1,000.00 penalty for the second and subsequent offences within the same calendar year.
12.5.3.
Anyone contravening a stop order issued by the Development Authority is subject to a specified
penalty of:
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a. $5,000.00 for the first offence; and
b. $10,000.00 for the second and subsequent offences if the breach continues for more than thirty
(30) days.
12.5.4.
In addition to the process and penalties described above, the Development Authority shall be
authorized to inspect any development to confirm compliance, and if not in compliance to issue
violation tickets in respect to any contravention of this Bylaw.
12.6 Stop Orders and Enforcement
12.6.1.
The Development Authority may, by written notice, order the registered owner, the person in
possession of the land or buildings, or the person responsible for the contravention or all or any of
them to:
a. stop the development or use of the land or buildings in whole or in part as directed by the notice;
b. demolish, remove, replace the development or landscaping; and/or
c. take such other measures as are specified in the notice so that the development or use of the land
or buildings is in accordance with the MGA, a development permit, subdivision approval, or this
Bylaw as the case may be, within the time specified by the notice.
12.6.2.
The Order shall specify a deadline for compliance and shall:
a. state that if the person does not comply with the Order within the specified time, the municipality
will take the action or measure at the expense of the person;
b. state the date the Order was made; and
c. be sent to the person(s) that is subject to the Order on the same day the Order is made.
12.6.3.
The County may register a caveat, under the Land Titles Act, against the certificate of title for the
land that is subject to the Order, provided that the caveat is discharged when the Order has been
complied with.
12.6.4.
The County's costs of carrying out any actions required for compliance may be added to the tax roll
of the land subject to the Order, in accordance with the MGA.
12.6.5.
Stop Orders can be appealed in accordance with the MGA. Refer to Section 10.0: Appeal Process.
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13.0
Development Permit, Subdivision,
Redistricting, and Agreement Fees
13.1.1.
Council may, from time to time, establish by Bylaw the fees, application forms, and agreements as
may be required for the purpose of this Bylaw.
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14.0
Definitions
14.1 General and Use Definitions
14.1.1.
Words, terms, and phrases that occur in this Bylaw which are also defined in the MGA or other
provincial legislation, shall retain the same definition.
14.1.2.
Any words, terms, and phrases that occur in this Bylaw that are not provided for in Section 14.0:
Definitions and are not defined in the MGA or other provincial legislation, shall use their ordinary and
customary definitions.
14.1.3.
The following words, terms, and phrases, wherever they occur in this Bylaw, shall have the meaning
assigned to them in the following table.
TERM
DEFINITION
Use
Abattoir
means a premise where animals are slaughtered and meat is
prepared, packaged, or stored. This includes multi-location or mobile
abattoirs.
Use
Accessory
Building
means an enclosed building which is subordinate or incidental to an
existing principal building on a site and which is not attached above
grade to the principal building. Examples include garages, shops, air
supported, and fabric covered structures, personal use greenhouses,
and sheds.
Use
Accessory
Storage Building
means an enclosed building which is subordinate or incidental to the
principal building on the site but is constructed in advance of the
principal building. Examples include small sheds to store tools,
lawnmowers, and small equipment, garages, and may include shops
provided the purpose is to complement the intended primary use of
the site.
Use
Accessory Use
means a use which is subordinate or incidental to the principal use of
the site and located on the same lot as a principal use.
General
Act or MGA
means the Municipal Government Act being Chapter M-26 of the
Revised Statutes of Alberta 2000, as amended. The Municipal
Government Act sets out the legislated roles and responsibilities of
municipalities and elected officials.
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General
Adjacent Land
means land that is touching the parcel of land or land that would be
touching if not for a highway, road, river, or stream.
General
Appeal Authority
means the Subdivision and Development Appeal Board ("SDAB") or
the Land and Property Rights Tribunal ("LPRT") appointed by the
Municipal Council pursuant to the MGA.
Use
Agricultural
Operations,
Commercial
means the on-site commercial sale of agricultural and agricultural
related products to the general public, including, but not limited to
seed cleaning and/or treating plant for commercial use; pesticide
sales' retail facility for commercial sales of products from other
agricultural operations; and abattoir for commercial sales.
Use
Agricultural
Operations,
Primary
means an agricultural activity conducted on agricultural land for gain
or reward or in the hope or expectation of gain or reward, including,
but not limited to: the cultivation of land; the raising of livestock,
including diversified livestock animals within the meaning of the
Livestock Industry Diversification Act and poultry; the raising of fur-
bearing animals, pheasants or fish; the production of agricultural field
crops; the production of fruit, vegetables, berries, herbs, spices,
hemp, sod, trees, shrubs and other specialty horticultural crops;
hydroponic and other growth medium crop production; the production
of eggs and milk; the production of honey; operation of secondary
processing facilities including drying, cleaning, separating and
packaging of primary agriculture products; the operation of
agricultural machinery and equipment, including irrigation pumps; the
application of fertilizers, insecticides, pesticides, fungicides and
herbicides, including application by ground and aerial spraying, for
agricultural purposes; and the collection, transportation, storage,
application, use, transfer and disposal of manure, composting
materials, and compost. This use class does not include Cannabis
Cultivation, Cannabis production facility, or Confined Feeding
Operations. This includes Industrial Hemp. The rearing of livestock
either in conjunction with or separate from an Agricultural Operation,
Primary use where the number of animals on the subject Parcel falls
below the registration threshold of a Confined Feeding Operation as
per the AOPA, Agricultural Operations Practices Act, Part 2 Livestock
and Manure, Schedule 2.
Use
Agricultural
Operations,
Secondary
means the operation of secondary processing facilities for agricultural
products, including but not limited to drying, cleaning, separating, and
packaging of primary agriculture products for end use only; and
abattoir for end use only.
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Use
Agricultural
Operations,
Support Service
means the use of land, buildings, and structures for the purposes of
supply of goods, materials, or services directly and primarily to the
agricultural industry. This may include, but is not limited to, the sale,
cleaning, and storage of seed, feed, fertilizer and chemical products
and the repair of agricultural equipment.
Use
Agricultural
Operations, Value
Added
means a development of small-scale production, manufacturing, food
processing, retail activities and food service operations as a direct
extension of an agricultural or farming operation related to the site.
The intent of these developments is to promote the diversification of
farming and agricultural operations and to provide landowners
opportunity for economic benefit of changing a primary product into
one that has an increased consumer appeal. This includes but is not
limited to milling wheat into flour, on-site butchering of livestock and
poultry for on-site retail sales, marketing, and sales of organic
products, micro distilling, or agritourism opportunities like pick your
own fruit, corn mazes, and farmer's markets.
Use
Agricultural,
Product
Processing
means a premise for the purpose of processing agricultural products
including: mixing, drying, canning, size reduction, fermentation, heat
treatments, cold treatments, chemical treatments and biological
treatments of plant matter; or cutting, curing, smoking, aging,
wrapping or freezing of meat. This may include accessory uses,
including but not limited to office, sales, technical, administrative
support, storage, or warehousing.
Use
Agri-tourism
means a tourist-oriented activity, event, service and/or facility that is
part of an agricultural operation that promotes the products grown,
raised and/or processed on that agricultural operation. This includes,
but is not limited to u-pick, corn mazes, etc.
Use
Air Supported and
Fabric Covered
Structures
means an accessory building where the outer shell is supported by
artificially produced and constantly maintained air pressure above
local atmospheric level or the outer shell is made of artificial fabric
spanned across rigid trusses.
Use
Animal Hospital
and Shelter
means development used for the temporary accommodation and care
or impoundment of animals and livestock within an enclosed building
and may have outdoor corrals or pens.
Use
Auctioneering
Establishment,
Indoor
means a development intended for the auctioning of livestock, goods,
and/or equipment, including the temporary storage of such livestock,
goods, and/or equipment indoors, but does not include garage sales,
flea markets, or sale of such items on an irregular basis.
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Use
Auctioneering
Establishment,
Outdoor
means a development intended for the auctioning of livestock, goods,
and/or equipment, including the temporary storage of such livestock,
goods, and/or equipment outdoors, but does not include garage
sales, flea markets, or sale of such items on an irregular basis.
Use
Automotive and
Equipment Sale,
Repair, Rental,
and Storage,
Major
means development used for the rental, lease, sale, storage, service,
restoration, inspection and/or mechanical repair of heavy equipment
vehicles, such as: industrial vehicles, farm implement vehicles, semi-
trucks & trailers, busses, among others.
Use
Automotive and
Equipment Sale,
Repair, Rental,
and Storage,
Minor
means the sale, servicing, rental, mechanical repair, and/or storage
of automobiles, light trucks, and utility and recreational vehicles,
motorcycles, snowmobiles, and similar vehicles, and the sale,
installation, servicing, rental, or storage of related accessories and
parts. This includes automobile, light truck, and recreational vehicle
dealerships,
rental
agencies,
and
motorcycle
dealerships,
transmission shops, muffler shops, tire shops, auto body shops, and
automotive glass and upholstery shops. This does not include auto
wrecking.
Use
Bed and Breakfast
Establishment
means a development within a dwelling which possesses a dwelling
unit, where temporary sleeping accommodations, up to a maximum
of four (4) bedrooms, with or without meals, are provided for
remuneration to members of the public.
Use
Breweries,
Wineries,
Distilleries
means the manufacturing, packaging, bottling, canning of beer, wine,
spirits, or other alcoholic beverages for on-site or for sale for off-site
consumption. These developments may include the preparation and
sale of food for on-site or off-site consumption.
Use
Broadcasting
Studio
means a premise used for the production and/or broadcasting of
audio and visual programming typically associated with radio,
television, and motion picture studios.
General
Building
means anything constructed or placed on, in, over or under land but
does not include a highway or road or a bridge forming part of a
highway or road.
Use
Business Support
Service
means a premise used to provide support services to other
businesses. This may include one or more of the following:
a. the use of minor mechanical equipment for printing, duplicating,
binding or photographic processing; the provision of office
security;
b. the sale, rental, repair, or servicing of office equipment, furniture,
and machines; and
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the sale, rental, repair or servicing of computers, cellular phones, and
fax machines.
General
Cannabis
means any part of a cannabis plant, including the Phyto cannabinoids
produced by, or found in, such a plant, regardless of whether that part
has been processed or not.
Use
Cannabis
Cultivation
means the cultivation of cannabis products for commercial purposes
and requiring licensing from provincial and/or federal authorities.
Use
Cannabis
Production Facility
means any building in which an activity authorized by a license issued
under the Federal Government or any successor or replacement
legislation or regulation, is or may be conducted including such
activities as processing, labelling, and packaging, storing, and
transporting of marijuana. This does not include the cannabis retail
sales.
Use
Cannabis Retail
Sales
means a building used for the retail sale of cannabis that is authorized
by Provincial or Federal legislation and may include the retail sale of
cannabis accessories as approved by Alberta Gaming, Liquor &
Cannabis (AGLC).
Use
Campground
means a commercial recreational development for the purpose of
providing short-term or temporary accommodation for recreational
vehicles or tents (see definition for temporary accommodations). A
campground is not construed to mean a development for the purpose
of accommodating permanent occupancy.
Use
Commercial Green
Houses and Plant
Nursery
means a commercial development for the growing, acclimating,
propagating, harvesting, displaying, and selling of fruits, vegetables,
bedding, household, and ornamental plants directly to the consumer,
and may include accessory uses related to the storing, displaying, and
selling of gardening, nursery, and related products. The green house,
plant nursery, and market garden use does not include a cannabis
facility.
Use
Commercial
Renewable and
Alternate Energy
Facility
means a facility or development, either stand alone or adjoining
another development, that either generates energy using natural or
renewable resources, such as, wind, geothermal, sun biofuels, or
biomass, or generates energy using an energy generation process
that reduces the amount of harmful emissions to the environment,
when compared to conventional systems, such as district heating or
cogeneration. This does not include Solar Collectors, Commercial or
Solar Collectors, Personal.
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Use
Commercial
School
means development used for training and instruction in a specific
trade, skill, or service. This use class does not include schools defined
as Public Education or Private Education. Typical uses include
secretarial, business, hairdressing, beauty culture, dancing, or music
schools, driver training.
Use
Commercial
Storage
means a building or group of buildings containing lockers available for
rent for the storage of personal goods or a facility used exclusively to
store bulk goods of a non-hazardous nature. This does not include
temporary or outdoor storage.
Use
Commercial
Storage,
Temporary
means development used exclusively for temporary outdoor storage
of goods and materials where such storage of goods and materials
does not involve the erection of permanent structures or the material
alteration of the existing state of the land for a period up to one (1)
year. Typical uses include pipe yards, or vehicle or heavy equipment
storage compounds.
Use
Communal Living
means an arrangement of permanent dwellings as an integral part of
an agricultural, religious, or educational facility operated by a
recognized
communal
organization.
This
does
not
include
accommodations that are seasonal or for temporary purposes.
Use
Community
Recreation
means recreational, social, or multi-purpose uses without fixed
seating and with an occupancy seating of fewer than 300 people,
primarily intended for local community purposes. Typical uses include
community halls, community centers and community league buildings
operated by local residents' organizations.
Use
Compost Facilities
- Class I
means a waste management facility where waste, not including
biomedical and hazardous waste, is brought in from offsite locations
and is decomposed through a controlled bio-oxidation process that
results in a stable humus-like material but does not include a
residential composter or when part of an agricultural operation.
Use
Compost Facilities
- Class II
means a waste management facility where only vegetative matter or
manure are brought in from offsite locations and decomposed through
a controlled bio-oxidation process that results in a stable humus-like
material but does not include a residential composter or when part of
an agricultural operation.
General
Corner Lot
means a lot with boundary lines on two separate roads or highways
or a single road or highway that curves at an angle of sixty (60)
degrees or more at the subject lot. For the purposes of this definition,
a road or highway shall not include a lane.
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General
Council
means the Council of Beaver County in the Province of Alberta.
General
Country
Residential Use,
Single Lot
means a dwelling on a lot resulting from a subdivision for a farmstead,
fragmented parcel, or undeveloped country residential site.
General
County
means Beaver County unless otherwise noted.
Use
Custodial Quarters
means:
a. dwelling unit, within the Equity Industrial Park Area Structure Plan
area, primarily in an industrial district where the occupant of the
dwelling unit performs a custodial or security function that is
necessary for the operation of the development with which the
custodial quarters are combined;
b. must not be approved on a site unless another development has
been approved for that site; and
must be located in the same building as the principal use unless
otherwise authorized by the Development Authority.
Use
Custom Workshop
means
the
use
of
premises
for
the
production
or
manufacture/processing of clothing, articles, and/or craft objects. This
use may include the provision of classes or workshops to members of
the public; however, this shall be accessory to the principal use.
Use
Daycare Facility
means daytime personal care and education of children or the elderly
licensed by the Provincial government but does not include overnight
accommodation. Typical uses include day-care centres, day
nurseries, kindergartens, nursery schools, and play schools.
General
Development
means a change of use of land or a building; the construction of a
building; an extraction or stockpile; or change in intensity of use, as
per the definition in the Municipal Government Act.
General
Development
Authority
means the Development Authority established by this Bylaw.
General
Development
Permit
means a document authorizing a development issued pursuant to a
land use bylaw or the land use regulations.
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Beaver County
General
Discretionary Use
means the use of land or a building provided for in this Bylaw for which
a development permit may be issued upon an application having been
made.
Use
Drive-thru
Business
means an establishment with facilities for on-site service to customers
who remain in their motor vehicles but does not include a drive-in
theatre. This also includes any business which has a drive-thru as an
accessory component. Typical uses include oil change garages, and
fast-food restaurants.
General
Dwelling Unit
means a complete self-contained residence which contains sleeping,
cooking, and sanitary facilities, intended for domestic use, and used
or intended to be used for permanent accommodation. A dwelling unit
must have a separate private entrance from the exterior of a building
or from a common hall, lobby, or stairway inside a building. A dwelling
unit includes accessory dwelling unit as defined in this Bylaw.
Use
Dwelling,
Accessory Unit
means a self-contained dwelling unit, that is located on the same titled
parcel, and accessory to a single-detached dwelling that meets the
National Building Code or CSA A277. Accessory dwelling units are
clearly secondary in size to the principal dwelling, may be located
within the principal building, an accessory building or detached.
Accessory dwelling units may or may not share access to the outside
and/or other facilities with the main dwelling unit. Typical dwelling units
include mobile homes, garden suites, garage suites, and guest
houses.
Use
Dwelling, Semi
Detached
means a dwelling containing two dwelling units sharing a common wall
and located side by side or one above the other.
Use
Dwelling, Single
Detached
means a building containing one primary dwelling unit which is
separate from any other primary dwelling unit or building on a
property. Single-detached dwellings include tiny homes, modular
homes, and any other building/ structure that meets the National
Building Code or CSA A277 for permanent occupancy.
Use
Equestrian Facility
and Rodeo Arena
The use of lands, buildings, or structures for the boarding of horses,
the training of horses and riders, and the staging of equestrian and
rodeo events, but does not include the racing of horses.
Use
Equipment Rentals
means development used for the rental of tools, appliances,
recreation craft, office machines, furniture, light construction
equipment, or similar items. This use class does not include the rental
of motor vehicles or industrial equipment.
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Beaver County
Use
Farm and
Industrial
Machinery Sale,
Rental, and
Service
means development used for the sale, rental, or service of heavy
vehicles, machinery, or mechanical equipment typically used in
building, roadway, pipeline, oilfield, and mining construction,
manufacturing, assembling, and processing operations, and
agricultural production.
General
Farming
means the use of the land or buildings for the raising or producing of
crops/and or livestock and does not include a confined feeding
operation.
General
Farmstead
means the habitable dwelling or other improvements used in
connection with an agricultural operation and situated on a lot used in
connection with such agricultural operation.
General
Farmstead
Separation
means the subdivision of a parcel of land (typically out of a quarter
section) where there is an existing residence and associated
improvements.
Use
Fleet Services
means a premise that uses a fleet of vehicles for the delivery of people,
goods, or services, where such vehicles are not available for sale or
long-term lease. This includes, but is not limited to ambulance
services, taxi services, bus lines (including school buses), and
messenger and courier services. This does not include moving or
cartage firms involving trucks with a gross vehicle weight of more than
3,000 kg.
Use
Food and
Beverage
Products
means a commercial facility in which food or beverage products or
both are manufactured, produced, or otherwise prepared for human
consumption but not consumed on the premises. This may include a
retail component; however, this retail component shall be accessory
to the principal use. Typical uses may include a bakery, pre-packaged
foods, water bottling and catering facilities. This does not include food
service or mobile catering. The impact of this use shall not extend
beyond the boundaries of the building.
Use
Food Service,
Mobile Catering
means the delivery and sale of food to the public using a fleet of
vehicles.
Use
Food Service,
Restaurant
means a premise where the primary purpose is the sale of prepared
foods and beverages to the public for consumption on or off the site.
This use typically has a varied menu, with a fully equipped kitchen and
preparation area.
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Use
Food Service,
Specialty
means a premise where limited types of prepared foods and
beverages are offered for sale to the public for consumption on or off
the site. This use relies primarily on walk-in clientele. Typical uses are
coffee, donut, bagel, sandwich, or dessert shops.
General
Fragmented
Parcel
means a part of a lot that is separated from the balance of a lot by a
permanent water body or watercourse or by a physical barrier such
as a road, highway, or a railway.
Use
Fuels and
Chemicals Sale
and Storage
means lands, buildings, or structures where refined or crude oil, other
petroleum products, or liquid or solid chemicals, such as fertilizer, are
for sale and storage. This includes the sale of fuel, lubricants, and
other automotive fluids, including key lock retail sales, and the sales
and storage of other chemicals, such as fertilizer.
Use
Funeral services
means premises for the preparation of the dead for burial or
cremation, and the holding of memorial services. This includes funeral
homes and undertaking establishments.
Use
General
Commercial Uses
means a development where products or services are made available
to consumers. This includes but is not limited to automotive and
equipment repair shops; automotive and minor recreation vehicle
sales and rentals; equipment rentals; fleet services; and household
repair services.
Use
General
Contractor
Services
means a development used for providing building construction,
landscaping, concrete, electrical, plumbing, heating, drain cleaning,
woodworking, and similar services of a construction nature. These
developments typically require on-site storage for materials,
equipment and vehicles associated with the service.
Use
General Retail
Stores
means a building where goods, wares, merchandise, substances,
articles, or things are stored, offered, or kept for sale at retail prices
and includes storage on or about the store premises of limited
quantities of such goods, wares, merchandise, substances, articles,
or things sufficient only to service the store but does not include any
retail outlet otherwise listed or defined in this Bylaw.
Use
Government
Services
means a premise providing for crown corporation, municipal,
provincial, or federal government services directly to the public. This
does not include detention and correction services, minor utility
services, major utility services, and public education. Typical uses
include County, Provincial and Federal Offices, courthouses, postal
offices, protection services, police stations, and social service offices.
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Use
Group Home,
Major
means a development which is recognized, authorized, licensed, or
certified by a public authority as a social care facility intended to
provide room and board for foster children or disabled persons, or for
persons with physical, mental, social, or behavioural problems, and
which may be for the personal rehabilitation of its residents either
through self-help or professional care, guidance, and supervision.
This does not include homes or halfway houses for people under
jurisdiction of the federal or provincial justice systems, or other
treatment facilities. Group Homes, major have more than six (6) full
time residences, not including those employed to care/supervise for
the residents.
Use
Group Home,
Minor
means a development which is recognized, authorized, licensed, or
certified by a public authority as a social care facility intended to
provide room and board for foster children or disabled persons, or for
persons with physical, mental, social, or behavioural problems, and
which may be for the personal rehabilitation of its residents either
through self-help or professional care, guidance, and supervision.
This does not include homes or halfway houses for people under
jurisdiction of the federal or provincial justice systems, or other
treatment facilities. Group Homes, major have more than six (6) full
time residences, not including those employed to care/supervise for
the residents.
General
Hamlet
refers to the unincorporated communities of Bruce and Kinsella.
General
Hard Surfacing
means roof tops, walkways, patios, driveways, parking lots or storage
areas, concrete or asphalt paving, and oiled surfaces which impede
the natural infiltration of storm water.
General
Highway
means land used or surveyed for use as a public highway or road and
is controlled and managed by the Province.
Use
Highway
Commercial Use
means a commercial development established near highways or
secondary roads which provides the most common and regular
service requirements of the highway traveling public. Such
development would include service stations, gas bars, bulk fuel and
oil sales, restaurants, motels, and campsites.
Use
Home
Occupations,
Home Office
means occupation, trade or craft carried out by the occupant(s) of a
dwelling as a use secondary to the residential use of a building or
parcel. Home-Based Business, home office has no external
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Beaver County
employees or visitors, and activities are contained entirely within the
dwelling or accessory building.
Use
Home
Occupations, Type
I
means occupation, trade or craft carried out by the occupant(s) of a
dwelling as a use secondary to the residential use of a building or
parcel. Home-Based Business, minor have limited on-site employees
and visitors daily, with activities occurring primarily within the dwelling
or accessory building.
Use
Home
Occupations, Type
II
means occupation, trade or craft carried out by the occupant(s) of a
dwelling as a use secondary to the residential use of a building or
parcel. Home-Based Business, major have more intrusive activities
that may impact the surrounding community, with greater on-site
employees and/or visitors daily and activities that may extend into
outdoor areas on the parcel.
Use
Home Parks
means a development for multiple dwellings or recreational vehicle -
park models that do not have a registered plan for subdivision. This
includes, but is not limited to, dwellings that are used for rental
purposes, long term leases, or bare land condominiums.
Use
Indoor Participant
Recreation Uses
means development providing facilities within an enclosed building for
sports and active recreation where patrons are predominantly
participants, and any spectators are incidental and attend on a non-
recurring basis. Typical uses include athletic clubs, health, and fitness
clubs; curling, roller skating and hockey rinks; swimming pools; rifle
and pistol ranges; bowling alleys; soccer and racquet clubs. This use
does not include rodeo arena or equestrian facilities.
Use
Industrial, Heavy
means those developments which may have a significant detrimental
effect on the safety, use, amenity, or enjoyment of adjacent or nearby
sites due to appearance, noise, odour, emission of contaminants, fire
or explosive hazards, or dangerous goods.
Use
Industrial, Light
means a development where the comment activities includes: the
processing of raw materials, including agricultural products; the
manufacturing, repairing or assembling of goods, products or
equipment, including clothing, articles, and/or craft objects; food and
beverage products; and automotive related activities; the cleaning,
servicing, repairing or testing of materials, goods and equipment
normally associated with industrial or commercial businesses or
cleaning, servicing and repair operations to goods and equipment
associated with personal or household use, and contractor services,
where such operations create impacts that would make them
incompatible in non-industrial districts; the storage or transshipping of
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Beaver County
materials, goods and equipment, including petro-chemical products
and supplies; fuels and chemicals sale and storage; municipal shop
and storage yard; outside sale and storage yard; vehicle and
equipment storage; commercial storage and temporary storage; the
training of personnel in general industrial operations; the supplying of
goods, materials, or services directly and primarily to the agricultural
industry including agricultural support services; farm and industrial
machinery sale, rental, and service; it may include any indoor display,
office, technical, administrative support areas or any sales operation
accessory, business support services, custom workshops, to the
general industrial uses. This does not include a biomedical waste
facility.
Use
Industrial, Medium
means those developments in which all or a portion of the activities
and use are carried out outdoors, without any significant nuisance
factor such as noise, appearance, or odour, extending beyond the
boundaries of the site. Any development where the risk of interfering
with the safety and amenity of adjacent or nearby sites, because of
the nature of the site, materials, or processes, cannot be successfully
mitigated, shall be considered an Industrial, Heavy use. This does not
include a biomedical waste facility.
Use
Institutional Uses
(educational,
medical, religious,
cultural, public
administration and
other public uses)
includes but is not limited to hospitals, educational facilities (both
public and private), religious assemblies, libraries, and senior citizen
housing.
General
Internal Road
means a road included in a registered plan of subdivision for multi-lot
country residential use.
Use
Kennel
means any building or facility in which more than three (3) dogs are
maintained, boarded, bred, trained, cared for, kept for commercial
purposes, or boarded overnight for a period greater than twenty-four
(24) hours. A kennel may provide for the incidental sale of products
relating to the services provided by the use. A kennel may include
outside enclosures, pens, runs or exercise areas. This use class does
not include pet care services, animal hospitals and shelters or
veterinary services.
General
Lake
means a permanent body of water, free from large quantities of
aquatic vegetation, and characterized by relatively large open water
(limnetic) and deep water (profundal) zones compared with the shore
(littoral) zone; and, as designated by the Council of Beaver County.
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Use
Landfills - Class I
Landfill - Class I(a) means a landfill for the disposal of waste and that
has:
a. two liners of which at least one is a synthetic liner,
b. a leachate collection and removal system,
c. a leak detection system between the two liners, and
d. a groundwater monitoring system.
Landfill - Class I(b) means a landfill for the disposal of waste and that
has:
a. a synthetic or clay liner,
b. a leachate collection and removal system, and
a groundwater monitoring system.
Use
Landfills - Class II
means a landfill for the disposal of waste, not including hazardous
waste.
Use
Landfills - Class III
means a landfill for the disposal of waste:
a. that is solid;
b. that, on disposal in a landfill, is not reasonably expected to
undergo physical, chemical, or biological changes to such an
extent as to produce substances that may cause an adverse
effect; and
includes but is not limited to demolition debris, concrete, asphalt,
glass, ceramic materials, scrap metal, and dry timber or wood that
has not been chemically treated but does not include hazardous
waste.
Use
Liquor Retail Sales
means a development primarily used for the retail sales of alcoholic
beverages for off-site consumption as authorized by Alberta Gaming,
Liquor, & Cannabis.
General
Livestock
means livestock as defined in the Agricultural Operation Practices
Act.
Use
Local Industrial
Uses
means farm support businesses and minor service, storage, repair,
and minor manufacturing activities in the rural area. Typical uses
include limited contractor services; custom workshops; auto body,
auto wrecking, automotive and equipment repair; outdoor sale and
storage; vehicle and equipment storage; and household repair
services at a scale and size compatible with adjacent development.
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Beaver County
General
Lot
means a quarter section; river lot shown on an official plan, as defined
in the Survey's Act, that is filed or lodged in a Land Titles Office;
settlement lot shown on an official plan, as defined in the Survey's Act,
that is filed or lodged in a Land Titles Office; part of 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 part of a parcel of land described in a Certificate of Title
if the boundaries of the part are described in the Certificate of Title by
reference to a Plan of Subdivision.
General
Lot Width
means the distance between the property lines of a lot at the minimum
permissible front yard, measured parallel to the road or to the tangent
on a curved road.
Use
Manufactured/
Mobile Homes
means a prefabricated dwelling unit that is completely self-contained
and is constructed according to the CSA Z-240 standard.
Manufactured/mobile homes may have steel lateral beams as both
part of the transportation and the floor system and are equipped for
connections to utilities. This does not include a recreational vehicle,
park model trailer, or industrial camp trailer.
Use
Manufactured
Home Parks
means any lot on which two or more occupied manufactured homes
are harboured or are permitted to be harboured without regard to
whether a fee or charge is paid or made, and shall include any
building, structure, tent, vehicle, or enclosure used or intended for use
as a part of the equipment of such manufactured home park, which
complies
with
relevant
government
regulations
governing
manufactured home parks.
General
Maximum Building
Height
means the maximum permitted height of a building within a land use
district and is measured based on the average elevation of the corners
of the building.
General
Multi-Lot Country
Residential
Subdivision
means the subdivision of lands that consists of more than three (3)
lots, including the balance of the quarter section. Fragmentation by
road, railroad, or watercourse is included in the total parcel count
within a quarter section.
Use
Municipal shop
and Storage Yard
means the facility used by a municipality for the storage of materials
used in fulfilling its various functions and the housing and repair of its
equipment.
General
Municipality
means Beaver County, unless the context of the text requires
otherwise.
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Beaver County
Use
Natural Resource
Extraction Industry
means the extraction of natural resources, including, but not limited
to, minerals, sand, gravel, coal, peat, limestone, gypsum, granite, and
salt found on or under the site, or accessible from the site. Processing
may include crushing, washing, screening and the preparation of
asphalt.
Use
Oilfield Waste
Related Facilities
means a facility that is approved by the Alberta Energy and Utilities
Board to treat, dispose of, store, or recycle oilfield waste.
Use
Other Similar and
Compatible Uses
means uses that are consistent with the Definition or General Purpose
of the applicable Land Use District as approved by the appropriate
Development Authority.
Use
Outdoor Sale and
Storage
means land that is used for the sales and storage of products, goods
or equipment in an area that is open or exposed to the natural
elements; and where such storage of products, goods or equipment
is accessory to the Principal Use of the site.
General
Owner
means the person shown as the owner of land on the assessment roll.
General
Off-street Parking
means a lot or portion thereof, excluding a public roadway, which is
used or intended to be used as a parking area for motor vehicles.
General
Parcel
means the aggregate of the one (1) or more areas of land described
in a certificate of title or described in a certificate of title by reference
to a plan filed or registered in a land titles office.
General
Permitted Use
means the use of land or a building provided for in a land use bylaw
for which a development permit shall be issued upon an application
having been made if the proposal satisfies the regulations of this Bylaw
or provides the requirements as established by the Development
Authority where, in this Bylaw, the Development Authority is given the
authority and responsibility to establish requirements or regulations.
Use
Personal Service
Shops
means a development that provides personal services to an individual.
This includes, but is not limited to barbershops, hairdressers, beauty
salons, tailors, dry cleaning establishments and laundromats.
Use
Pet Care Service
means a use:
a. where animals are washed, groomed, or trained;
b. where the animals shall not be boarded overnight; and
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that may involve the incidental sale of products relating to the services
provided by the use.
Use
Pet Cemeteries
means that portion of land used for the burial of domesticated animals
(cats, dogs, birds, iguanas, and other animals that can be defined as
pets) and may include horses and other livestock in limited numbers.
General
Principal Building
or Use
means the building or use of land or buildings which constitutes the
dominant structure or activity of the lot.
Use
Professional
and/or
Administrative
Offices
means development primarily used for the provision of professional,
management, administrative, consulting, and financial services.
Typical uses include the offices of lawyers, accountants, engineers,
and architects; offices for real estate and insurance firms; clerical,
secretarial, employment, telephone answering, and similar office
support services; and banks, credit unions, loan offices, and similar
financial uses.
General
Property Line
means a line of record bounding a parcel that divides one parcel from
another parcel or from a public roadway or any other public space.
Use
Public Parks and
Playgrounds
means land set aside through municipal or environmental reserve
dedication or conservation easement for outdoor recreation or
education, or to protect sensitive natural features and/or areas of
cultural or scenic value. Without restricting the generality of the
foregoing, parkland may accommodate more active recreational
pursuits including but not limited to play structures, walkways, and
organized play fields.
Use
Recreation,
Intensive
means a recreational development conducted on a unified basis on a
single site where the prime reason for location is to take advantage of
natural physical features including the availability of large areas of land
to provide day-to-day sporting and athletic facilities and the structures
incidental thereto. Examples include ski slopes, golf courses, archery,
trap and rifle ranges, race tracks, boating, riding, swimming,
picnicking, camping and other similar uses, and may include a
refreshment stand incidental to the primary use.
Use
Recreation,
Extensive
means the use of land primarily for recreational uses which generally
utilizes undeveloped tracts of land and which generally do not require
building, facility, or structures. Examples include cross-country ski
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trails, walking or riding paths, natural wildlife park, gardens,
playground, or sports fields without viewing stands.
General
Recreation Vehicle
means a portable structure intended to be carried on a vehicle or to
be transported on its own wheels to provide temporary living
accommodation for travel and recreational purposes and includes
such vehicles as a motor home, a camper, a travel trailer, a tent trailer,
and a boat, but does not include a mobile home.
Use
Recreational
Vehicle Uses
means the use of recreational vehicles intended to be occupied for
more than six (6) months to provide temporary living accommodation
beyond travel and recreational purposes, not for permanent use.
Use
Recycling Depot
means a development, for the buying and temporary storage of
bottles, cans, newspapers, and other similar household goods for
reuse where all storage is contained within an enclosed building or
designated compound site.
Use
Recycling Oil
Depot
means a development, within the Equity Industrial Park Area Structure
Plan area, specifically intended for temporary storage of used
automotive petroleum products and containers excluding any
dangerous or hazardous materials or containers. Materials
temporarily stored onsite shall be limited to residential products.
Use
Recycling Plants
means a site where recyclable waste is processed.
Use
Residential/
Security Caretaker
Unit
means a self-contained, accessory dwelling unit, reserved for the
exclusive use of an on-site caretaker or security person. The on-site
caretaker and/or security person shall not be the owner or a
shareholder of the owner of either the parcel of land or the business
being conducted on the parcel. The use of the parcel as a business
must be the primary activity on the property, and not the residential
occupation of the parcel.
General
Restrictive
Covenant
means a condition or covenant under which land, or any specified
portion of land, is not to be built on, or is to be or not to be used in a
particular manner, or any other condition or covenant running with or
capable of being legally annexed to land.
General
Road Use
Agreement
means
an
agreement
between
Beaver
County
and
a
landowner/developer that determines the restrictions, formal
compensation, and procedures for road use by individuals or
companies with municipal road use.
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General
Rural Road
means any public road other than a highway, a secondary road, a
service road to a highway or a secondary road, or an internal road in
a subdivision or hamlet.
General
Secondary Road
means a road designated as such by Ministerial Order pursuant to the
Public Highways Development Act and described by plates published
in the Albert Gazette pursuant to Alberta Regulation 164/69 as 500,
600, 700 and 800 series and is controlled and managed by the
Province.
General
Setback
means the perpendicular distance that a development is setback from
the front, side and rear lot boundaries or rights-of-way as specified in
the applicable District. The minimum horizontal distance is measured
perpendicularly from the nearest point of development to the lot
boundary, excluding corner cuts.
General
Setback, Front
means the distance measured perpendicularly from the front property
line of the parcel to the nearest point of the building excluding the
eaves and/or projections.
General
Setback, Rear
means the distance measured perpendicularly from the rear line of the
parcel to the nearest point of the building excluding the eaves and/or
projections.
General
Setback, Side
means the distance measured perpendicularly from the sideline of the
lot to the nearest point of the building excluding eaves and/or
projections.
Use
Shipping
Containers
means a large, standardized metal box used for transporting goods
across different modes of transport, such as ships, trains, and trucks.
Shipping Containers can be used to for storage purposes that can be
weatherproof and tamper-resistant for both temporary and long-term
storage needs.
Use
Signs
means a development:
a. constructed and permanently affixed directly or indirectly to any
building, structure, window, or a parcel of land; and
b. which is used to advertise, identify or display a commercial or non-
commercial activity, product, place, organization, institution,
person, service, event or location, by any means, including words,
letters, figures, design, symbols, fixtures, colours, illumination or
projected images and in such a manner to be visible from any
public place, but does not include a real estate sign, window
display, political poster, flag, athletic scoreboard, traffic or
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directional and informational sign erected by the municipality, the
Province of Alberta or federal government.
General
Site
means one or more lots for which a development permit application is
being made, and may include streets, lanes, walkways, and any other
land surface upon which development is proposed.
General
Site Coverage
means the portion of the land area covered by all buildings, structures,
and
impermeable
surfaces.
Impermeable
surfaces
include
hardscaped areas such as concrete or brick patios and driveways,
but does not include steps, eaves, and chattels.
Use
Solar Collectors,
Personal
means a solar energy collection system that is designed exclusively to
provide for the personal, onsite use of electricity.
Use
Solar Collectors,
Commercial
means solar energy collection system that is designed exclusively to
provide for the commercial distribution of electricity.
Use
Special Event
Venue
means a permanent venue established for hosting special events,
including weddings, performances, reunions, etc. This use does not
include community halls, facilities owned by the County, any local
school district, or locations where temporary special events irregularly
occur and last less than thirty-six (36) hours.
Use
Storage Sites
means a waste management facility, where waste, other than
biomedical or hazardous waste, is
a. stored,
b. sorted, compacted, shredded, ground, or processed, or
collected and held for removal to another waste management facility.
General
Subdivision and
Development
Appeal Board
means a Subdivision and Development Appeal Board ("SDAB")
established and appointed by Council in accordance with the
Subdivision and Development Appeal Board Bylaw adopted pursuant
to the MGA.
General
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 which the lot is located.
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Use
Supportive
Housing
means a residential development for elderly, disabled persons and/or
persons that require additional care, with on-site or off-site supports
to ensure their daily needs are met. This includes but is not limited to
seniors' housing, independent living, supportive living, long-term care
facilities, and complex care.
General
Temporary
means a development lasting for a limited period of time.
Use
Temporary
Accommodations
means accommodations that do not meet the requirements of the
National Building Code and/or CSA for a permanent dwelling, and
instead is meant to provide accommodation seasonally or for
temporary purposes. This includes recreational vehicles, park models,
cabins, etc.
General
Use
means the purpose or function of land or building as determined by
the Development Authority.
Use
Utility and
Transportation
Uses, Major
means development for public or private utility infrastructure purposes
which is likely to have a major impact on the environment or adjacent
land uses by virtue of their emissions, effect, or appearance. Typical
facilities would include sewage and/or water treatment plants, power
generating stations, cooling plants, and incinerators. This includes
buildings and structures associated with the public utility or use.
Use
Utility and
Transportation
Uses, Minor
means development for public or private utility infrastructure purposes
which are both basic and common to the development of a
municipality and has relatively minor impact on the environment or
adjacent land uses by virtue of their emissions, effect, or appearance.
Typical facilities would include natural gas lines and regulating
stations, telephone exchanges and lines, water and sewer lines,
public roadways, local electrical transmission, and distribution
facilities, and television cable lines. This includes buildings and
structures associated with the public utility or use.
General
Variance
means a deviation from existing regulations as outlined in this Bylaw.
This includes, but is not limited to, lot sizes and widths, and building
setbacks and heights.
Use
Vehicle and
Equipment
Storage
means a development used for the outdoor storage of recreational
vehicles and other equipment and does not involve the erection of
permanent structures.
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Use
Veterinary Service
means development used for the care and treatment of animals where
the veterinary services primarily involve outpatient care and minor
medical procedures involving care for fewer than four (4) days. All
animals shall be kept within an enclosed building. This use class
includes pet clinics, animal veterinary clinics, and veterinary offices.
This use class does not include animal hospitals and shelters.
Use
Visitor
Accommodations
means a building or group of buildings not intended for residential use
where sleeping facilities are provided for persons on a temporary
basis. Visitor accommodation may also contain recreational facilities,
commercial uses and additional facilities including but not limited to
eating establishments, drinking establishments, room service,
meeting rooms, public convention rooms, and laundry service. This
does not include bed and breakfast establishments.
Use
Warehouse Sales
means development used for the wholesale or retail sale of a limited
range of bulky goods from within an enclosed building where the size
and nature of the principal goods being sold typically require large
floor areas for direct display to the purchaser or consumer. This use
class includes developments where principal goods being sold are
items such as furniture, carpet, major appliances, fertilizer, and
building materials.
General
Yard, Flanking
Side
means a yard extending along the full length of a corner lot, measured
from the road right-of-way to the foundation wall of the principal
building. Flanking is typically determined as the side of the property
that is situated within a corner lot that is adjacent to one of two
intersecting streets and is the side that is not considered to be the
front of the property.
General
Yard, Front
means a yard extending across the full width of a lot from the front line
of the lot to the nearest wall of the principal building situated on the
lot.
General
Yard, Rear
means a yard extending across the full rear width of a lot measured
from the rear wall of the principal building situated on the lot to the
rear line of the lot.
General
Yard, Side
means the land defined by the full length of the side of a principal
building and/or accessory building situated on a lot and any side
boundary line of the same lot.
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15.0
Schedules
Schedule A: Airport Protection Overlay Map
Map 1
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Map 2
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Schedule B: Landfill Setback Overlay Map
Map 1
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Map 2
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Map 3
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Map 4
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Map 5
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Map 6
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Schedule C: Sanitary Facilities Overlay Map
Map 1
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Map 2
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Map 3
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Map 4
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Map 5
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Map 6
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Schedule D: Land Use District Maps
Map 10.1
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Map 10.2
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Map 10.3
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Map 10.4
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Map 10.5
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Map 10.6
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Map 10.7
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Map 10.8
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Map 10.9
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Map 10.10
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Map 10.11
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Map 10.12
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Map 10.13
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Schedule E: Crown Lands District Maps
Map 10.14 (Combined)
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Map 10.14 (Page 1)
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Map 10.14 (Page 2)
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Map 10.14 (Page 3)
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Map 10.14 (Page 4)
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