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TOWN OF BENTLEY
LAND USE BYLAW
Bylaw #250/2024
Prepared by
Parkland Community Planning Services
HOW TO USE THIS BYLAW
The Town of Bentley Land Use Bylaw establishes the regulations which govern how land and
buildings can be developed in our Town. The regulations vary depending on where the land
is located and what kind of development is proposed.
If you are not sure you understand the regulations, or if you would like someone to guide you
through the process, simply call the Town Office at 403.748.4044 or visit us at 4918 - 50th
Avenue, Bentley.
Step 1
Locate the property in question on the Land Use Map attached as Schedule A: Land Use
District Map.
The map divides the Town into Land Use Districts. Each District has a land use designation
such as Low Density Residential District (R1), or General Commercial District (C). Note
which Land Use District the property is located in.
Step 2
Check the Table of Contents and find the District that you are interested in. In each District
you will find a list of permitted and discretionary uses, development standards and other
regulations. Check the list of uses to see if there is a match with what you wish to do with the
property. Uses are defined in the Definitions section at the front of this Land Use Bylaw.
Step 3
Review the Table of Contents to see if there are any general (Part 4) or specific (Part 5)
regulations which may apply to your project. For example, Part 5: Use Specific Regulations
deals with such items as accessory buildings, landscaping, etc. It also includes regulations
for home occupations, bed and breakfasts, and other uses and topics.
Step 4
Discuss your project with the Town's Development Officer. They can assist you with your
application and explain the process, whether you are applying for a development permit,
subdivision, or Land Use Bylaw amendment.
*NOTE: This page is intended only to assist readers and does not form part of the Land Use
Bylaw
Town of Bentley Land Use Bylaw
ii
Contents
PART ONE - LEGAL AND INTERPRETATION ...................................................................... 2
1.1
PURPOSE ....................................................................................................... 2
1.2
Application and Compliance ............................................................................ 2
1.3
Sections Found Invalid .................................................................................... 2
1.4
Rules of Interpretation ..................................................................................... 3
1.5
Effective Date and Transition ............................................................................ 3
1.6
Establishment of Districts ................................................................................ 3
1.7
Definitions ...................................................................................................... 4
PART TWO - ADMINISTRATION AND DEVELOPMENT APPROVAL ..................................... 28
2.1
Development Authority .................................................................................. 28
2.2
Development Officer ..................................................................................... 28
2.3
Municipal Planning Commission .................................................................... 28
2.4
Subdivision Authority ..................................................................................... 29
2.5
Subdivision and Development Appeal Board ................................................... 29
2.6
Establishment of Forms ................................................................................. 29
2.7
Establishment of Fees ................................................................................... 29
2.8
Amendment of the Land Use Bylaw ................................................................ 29
2.9
Repeal of Land Use Bylaw .............................................................................. 33
2.10
Subdivision Approval Application ................................................................ 33
2.11
Enforcement ............................................................................................. 34
2.12
Direct Control Districts .............................................................................. 34
PART THREE - DEVELOPMENT PERMITS, CONTRAVENTION AND APPEAL ........................ 35
3.1
Purpose of Development Permits ................................................................... 35
3.2
Development Not Requiring a Development Permit ......................................... 35
3.3
Permission for Development .......................................................................... 37
3.4
Development Permits and Notices ................................................................. 42
3.5
Expiration and Validity of Development Permits ............................................... 43
Town of Bentley Land Use Bylaw
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3.6
Cancellation ................................................................................................. 44
3.7
Contravention ............................................................................................... 44
3.8
Appeal Procedure ......................................................................................... 45
3.9
Offences and Penalties .................................................................................. 45
3.10
Non-conforming Buildings and Uses ............................................................... 46
PART FOUR - GENERAL LAND USE REGULATIONS ......................................................... 47
4.1
Applicability .................................................................................................. 47
4.2
Buildings ...................................................................................................... 47
4.3.
Yards ............................................................................................................ 52
4.4
Laneless Subdivisions ................................................................................... 55
4.6
Decks .......................................................................................................... 55
4.7
Drainage ...................................................................................................... 55
4.8
Site Grading and Drainage ............................................................................. 55
4.9
Landscaping, Environmental Conservation and Development .......................... 56
4.10
Outdoor Storage ........................................................................................... 57
PART FIVE - USE SPECIFIC REGULATIONS ..................................................................... 58
5.1
Primary Access ............................................................................................. 58
5.2
Home Occupations ....................................................................................... 58
5.3
Private Pools and Decorative Ponds ............................................................... 58
5.4
Dangerous Goods ......................................................................................... 59
5.5
Mechanized Excavation, Stripping and Grading of Parcels ................................ 59
5.6
Development in Proximity to Oil and Gas Wells ................................................ 60
5.7
Development Setbacks from Wastewater Treatment Plants .............................. 60
5.8
Development Setbacks from Landfills and Waste Sites .................................... 60
5.9
Accessory Suite ............................................................................................ 60
5.10
Bed and Breakfast Establishments .............................................................. 63
5.11
Short-Term Residential Rental ..................................................................... 63
5.12
Supportive Housing ................................................................................... 64
5.13
Solar Collectors ......................................................................................... 64
Town of Bentley Land Use Bylaw
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5.14
Wind Turbines ........................................................................................... 64
5.15
Shipping (Sea and Rail) Containers Regulations ........................................... 66
5.16
Cannabis Retail Sales ................................................................................ 67
5.17
Manufactured Homes outside the Manufactured Home District (RM) ............ 69
5.18
Projection ................................................................................................. 70
5.19
Temporary Uses ......................................................................................... 70
5.20
Guidelines for other Land Uses ...................................................................... 71
PART SIX - VEHICLES AND PARKING ............................................................................. 72
6.1
Driveways - Vehicle Access To Buildings .......................................................... 72
6.2
Sight Lines At Intersections Of Roadways ........................................................ 72
6.3
Sight Triangles At Road And Rail Intersections ................................................. 73
6.4
Loading Spaces ............................................................................................. 73
6.5
Parking ......................................................................................................... 73
PART SEVEN - SIGNS ................................................................................................... 78
7.1
General Provisions ........................................................................................ 78
7.2
Fascia and Projecting Signs ............................................................................ 78
7.3
Freestanding Signs and Billboards .................................................................. 79
7.4
Portable Signs ............................................................................................... 79
7.5
Awning Signs................................................................................................. 80
7.6
Other Signs ................................................................................................... 80
7.7
Sign Removal ................................................................................................ 80
7.8
Calculation of Sign Area ................................................................................. 80
7.9
Sign Regulations Variance and Relaxation ....................................................... 80
7.10
Mural Sign ................................................................................................. 81
PART EIGHT - LAND USE DISTRICTS .............................................................................. 81
8.1
Low Density Residential District (R1) .............................................................. 82
8.2
Low Density Residential District (R1C) - Compact ........................................... 84
8.3
General Residential District (R2) ..................................................................... 86
8.4
Multi-Unit Residential District (R3) .................................................................. 89
Town of Bentley Land Use Bylaw
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8.5
Manufactured Home District (RM) .................................................................. 92
8.6
Central Commercial District (C1) ................................................................... 96
8.7
Light Industrial District (I1) ............................................................................. 99
8.8
Heavy Industrial District (I2) ......................................................................... 102
8.9
Public Use District (P) .................................................................................. 105
8.10
Urban Reserve District (UR) .......................................................................... 106
SCHEDULE A
LAND USE MAP ............................................................................ 108
SCHEDULE B
DEVELOPMENT PERMIT APPLICATION FEES .................................... 109
SCHEDULE C LAND USE BYLAW ENFORCEMENT ................................................ 110
Town of Bentley Land Use Bylaw
2
PART ONE - LEGAL AND INTERPRETATION
1.1
PURPOSE
The purpose of this Bylaw is to, amongst other things
(1)
implement the statutory plans of the Town of Bentley.
(2)
divide the Municipality into Districts;
(3)
prescribe and regulate the use for each District;
(4)
establish the Office of the Development Officer;
(5)
establish a process of making decisions on applications and the issuance of a
Development Permits
(6)
establish a method of making decisions on applications for Development Permits
(7)
provide the manner in which notice of the issuance of a Development Permit is to be
given.
1.2
Application and Compliance
(1)
This Bylaw shall apply to all lands and buildings located in the Town of Bentley
boundaries.
(2)
No person shall commence any development within the Town of Bentley except in
conformity with this Bylaw.
(3)
No development shall be undertaken within the Town unless an application for it has
been approved and a development permit has been issued except for those items
listed in Part Three, Section 3.2 Development Not Requiring a Development Permit.
(4)
Compliance with the requirements of this Land Use Bylaw does not exempt any person
from
(a) the requirements of any federal, provincial or other municipal legislation;
(b) complying with any easement, covenant, agreement or contract affecting the
development, and the obligation to obtain any other permit, license or other
authorization required by this or any other bylaw.
1.3
Sections Found Invalid
If one or more provisions of this Land Use Bylaw are for any reason declared invalid by a
Court of Law or is overturned by a superior jurisdiction, it is intended that all remaining
provisions are to remain in full force and effect.
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1.4
Rules of Interpretation
(1)
The words "shall" and "must" require mandatory compliance except where a variance
or relaxation has been granted pursuant to this Land Use Bylaw. The word "May" means
a choice is available, with no direction or guidance intended.
(2)
All measurements in this bylaw are metric. Imperial equivalents are provided beside
every metric value in this Land Use Bylaw for convenience. Such equivalents are
rounded to the nearest whole number. The metric value is the actual standard to be
used.
1.5
Effective Date and Transition
(1)
The Town of Bentley Land Use Bylaw No. 189/2016, as amended, is hereby repealed,
and will cease to have effect on the day this bylaw comes into force. This Bylaw comes
into full force and effect on .... Day of .... 2023.
Applications for Subdivision and Development which were submitted and deemed complete
prior to the Bylaw coming into force shall be evaluated under the provisions of Bylaw No.
189/2016.
1.6
Establishment of Districts
(1)
For the purpose of this Land Use Bylaw, the Town of Bentley is divided into the following
Districts:
R1
Low Density Residential
R1C Low Density Residential - Compact
R2
General Residential
R3
Multi-unit Residential
RM
Manufactured Home
C1
Central Commercial
I1
Light Industrial
I2
Heavy Industrial
DC
Direct Control
Town of Bentley Land Use Bylaw
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(2)
The boundaries of the Districts listed above are shown in Schedule A: Land Use District
Map designated in located in this bylaw. All roads, water courses and lakes are
excluded from the Land Use Districts.
(3)
Where the location of district boundaries on the Land Use District Map is not clearly
understood, the following rules shall apply:
(a) a boundary shown as approximately following a parcel boundary shall be deemed
to follow the parcel boundary;
(b) a boundary which does not follow a parcel boundary shall be located by
measurement of the Land Use District Map; and
(c) a boundary location which cannot be satisfactorily resolved, shall be referred to
Council for an official interpretation.
1.7
Definitions
The following definitions pertain to terms and uses within the Land Use Bylaw. All other
words and expressions have the meaning respectively assigned to them in Part 17 of the
Municipal Government Act and the Subdivision and Development Regulation.
In this Land Use Bylaw:
A
Accessory Building/Structure means a building separate and subordinate to the main
building, the use of which is incidental to that main building and is located on the same
parcel of land;
Accessory Residential Building means an accessory building to a residence and includes
such things as garages, garden sheds and greenhouses;
Accessory Suite means a secondary dwelling unit subordinate to the principal residential
building and contains living, sleeping, cooking and sanitation facilities separate from the
principal dwelling. An Accessory Suite may be built in of the followings:
- Garage Suite: an accessory suite which is located above a detached garage
Town of Bentley Land Use Bylaw
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- Garden Suite/Back yard Suite: an accessory suite which is located in the rear yard of
the principal dwelling.
- Secondary Suite/Basement Suite: an accessory suite which is located in the
basement of the principal dwelling.
Accessory use means a use customarily incidental and subordinate to the main use and is
located on the same parcel of land with such main use;
Act means the Municipal Government Act, Revised Statues of Alberta 2000, Ch. M-26, as
amended, and any parallel or successor legislation.
Adjacent Land means land that is contiguous to the parcel of land that is the subject of an
application and includes land that would be contiguous if not for a highway, road, river or
stream, and in the opinion of the Development Officer or Municipal Planning Commission
any other land;
Agricultural Operation means an agricultural activity conducted on agricultural land for
gain or reward
Animal Services means development for the purpose of treatment, boarding, training, or
grooming animals and includes the retail sales of related products. This includes, but is not
necessarily restricted to, veterinary clinics, pet grooming salons, boarding and breeding
kennels, impounding and quarantining facilities, and animal shelters;
Apartment means a residential building consisting of at least 3 dwelling units, but shall not
include buildings containing units with separate exterior entranceway(s);
Town of Bentley Land Use Bylaw
6
Area Redevelopment Plan means a plan adopted by the Council as an Area
Redevelopment Plan pursuant to the Municipal Government Act;
Area Structure Plan means a plan adopted by the Council as an Area Structure Plan
pursuant to the Municipal Government Act;
Average grade means the average elevation at the mid-point along the front parcel line and
the finished ground elevation at the rear of the building. (Refer to building height.)
Auction Mart means a parcel and/or a building used for the temporary storage of goods,
excluding livestock, which are to be sold on the premises by public auction from time to
time;
Auto Wrecking (Salvage) Yard means land and buildings that are used for the storage and
dismantling of old or wrecked cars or trucks for the purpose of recycling their components;
Awning Sign means a sign inscribed on or affixed flat upon the covering material of an
awning;
Appeal Board means the board hearing a subdivision or development permit appeal in
accordance with the Act.
Auto Body Shop means a use where the bodies, but not other parts, of motor vehicles are
repaired and painted
Automotive Service means a use for the servicing and repair of motor vehicles within a
building, excluding an Auto Body Shop.
Automotive Sales means a Development used for the sale, service, and/or rental of motor
vehicles, and may include incidental vehicle servicing and maintenance secondary to the
sale or rental use.
Automotive Wash means a Development providing automated/drive-through or individually
coin/time operated wand wash facilities for vehicles.
B
Basement means a portion of a structure which is mainly underground, and which has less
than 50 percent of the distance, between the floor level and the underside of the ceiling
joists, above adjacent ground elevation;
Town of Bentley Land Use Bylaw
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Bed and Breakfast Establishment means an owner occupied detached dwelling where
temporary accommodation is provided in three or less guest rooms and meals are supplied
on a daily basis to registered guests;
Billboard means a sign to which advertising copy is affixed to permit its periodic
replacement;
Block Face means the side of a street bounded by two intersecting streets, inclusive of all
properties facing that street section.
Boarding and Rooming House means a detached dwelling in which the proprietor supplies
for a fee sleeping accommodations, with or without meals, for at least three (3) but not more
than six (6) persons, exclusive of the proprietor's family;
Building includes 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;
Building Demolition means the pulling down, tearing down or razing of a building;
Building Height means the vertical distance between the average grade and the highest
point on a building, other than any chimney, poles, vents or other things that, in the opinion
of the Development Authority are similar and are not part of the building structure;
Building Permit means permission or authorization in writing to commence the use,
occupancy, relocation, construction or demolition of any building;
Building Relocation means the act of relocating a building to a new location. This may
involve removing a building from one site and placing it on another site, moving a building to
a new location on the same site or bringing a building onto a site;
Bulk Fuel and Sales and Storage Outlets means an outlet for the supply and sale of various
fuels in large quantities, and includes the storage thereof; means a development for the
purpose of handling petroleum products in bulk quantities, and includes dispensing
equipment and supplementary tanker vehicle storage. Card-lock pumps and retail fuel sales
may be incorporated as accessory uses;
Bus Depot means a facility providing for departure and arrival of passengers and freight
carried by bus;
Brewery, Winery and Distillery means a facility where beer, wine, spirits, or other alcoholic
beverages are made on the Site and then sold or distributed. This Use may be approved in
conjunction with a Drinking Establishment, Eating Establishment, or Retail Service provided
both Uses are listed within the district;
Town of Bentley Land Use Bylaw
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Building Inspection Report means a report prepared by a qualified Structural Engineer in
support of a Building Permit application;
Building Setback means the distance from a property line to the point on a parcel where a
building is located measured at a right angle from the property line to which it relates;
Building Supply Center means a use where building materials, household accessories and
other related goods are stored, offered, or kept for sale and may include outdoor storage;
Business Licence means a document issued by the Town which grants the business owner
the right to operate the business;
C
Campground means a use for the purpose of providing temporary accommodation for the
public in recreational vehicles or tents;
Cannabis means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis
plant seeds and any other substance defined as cannabis in the Cannabis Act (Canada) and
its regulations, as amended from time to time and includes edible products that contain
cannabis;
Cannabis Accessory means a thing, including but not limited to, rolling paper or wraps,
holders, pipes, water pipes, bongs and vaporizers, or any other thing described in the
Cannabis Act (Canada) that is used in the consumption or production of cannabis.";
Cannabis Lounges means an establishment where the primary purpose of the facility is the
sale of cannabis and cannabis accessories to the public, for consumption of cannabis within
the premises that is authorized by provincial or federal legislation. This use does not include
Cannabis Production and Distribution.";
Cannabis Production and Distribution means an establishment used principally for one or
more of the following activities as it relates to Cannabis:
(a) The production, cultivation, and growth of Cannabis;
(b) The processing of raw materials;
(c) The making, testing, manufacturing, assembling or in any way altering the
chemical or physical properties of semi-finished or finished goods and products;
Town of Bentley Land Use Bylaw
9
(d) The storage or transshipping of materials, goods and products; or
(e) The distribution and sale of materials, goods and products to Cannabis Retail
Sales stores or to individual customers."
Cannabis Retail Sales means an establishment used for the retail sale of cannabis and
cannabis accessories that is authorized by provincial or federal legislation. This use does not
include Cannabis Production and Distribution;
Car Wash/Automotive Wash means a use intended for the washing, cleaning, or polishing
of motor vehicles;
Child Care Services means a Development that provides temporary childcare,
maintenance, supervision and/or education to children for periods of less than twenty-four
(24) hours. Typical uses include day care facilities, play schools, preschools, and
kindergartens but does not include a Day Home or Education Service;
Care Residence means a building with two or more accommodation units designed to
provide long term housing wherein the residents, who because of their circumstances
cannot or do not wish to maintain their own households, are provided with meal services
and may receive such services as housekeeping and personal care assistance;
Cemetery means a use of land or a building for interment of the deceased;
Commercial means the primary use of land, building(s), or structure(s) for the purpose of
buying and selling commodities and supplying professional and personal services for
compensation;
Commercial Card Lock means a petroleum dispensing outlet without full-time attendants;
Commercial Recreation and Entertainment Facility means a facility or establishment
which provides for recreation or entertainment for a gain or a profit;
Condominium means a form of property ownership in which each owner holds title to
his/her individual unit, plus a fractional interest in the common areas of the multi-unit
project;
Contracting Services means a business that contracts work, particularly in any of the
building trades, to supply certain materials or do certain work for a stipulated sum;
Council means the Council of the Town of Bentley;
Crematorium means a facility for the reduction of the human body to ashes by heat;
Town of Bentley Land Use Bylaw
10
Community Facility means a Development for use by the public or public/private groups for
religious, cultural or community activities. Typical uses include churches,community halls,
and public or private clubs;
Community /Public Market means the use of land, buildings or structures, or part thereof,
for the primary purpose of selling agricultural products and handmade merchandise to the
general public. This does not include cannabis retail sales;
Corner parcel means a parcel that abuts two streets which intersect at an angle not
exceeding 135 degrees;
D
Deck means an uncovered horizontal structure that may adjoin a principal building for the
purpose of private amenity area;
Density means a calculation of the number of dwelling units on a hectare (acre) of land and
includes all lands within the lot;
Development Agreement means an agreement that is a contract between a developer and
the municipality regarding the specifications for construction of certain items needed to
service a development or subdivision, as a condition of development or subdivision in
accordance with the Act;
Development Authority means the person or persons appointed pursuant to the
Development Authority Bylaw;
Development Officer means a person appointed as a Development Officer pursuant to this
Land Use Bylaw;
Development Permit means a document authorizing a development issued pursuant to this
Land Use Bylaw;
Discretionary Use means a use of land or a building referred to as a discretionary use in the
Land Use Districts of this Land Use Bylaw which may be compatible with other uses in the
District, for which a development permit may be issued with or without conditions;
District means an area of land designated on the Land Use Map for which a specific set of
land uses and rules have been set forth in this Bylaw;
Drive Thru Business/Service means an establishment with facilities for on-site service to
customers who remain in their motor vehicles. A drive-through business may include
Town of Bentley Land Use Bylaw
11
banking, food services, dry cleaning but does not include a drive-in theatre, cannabis retail
sales or cannabis production and distribution. A drive-thru component of a business shall
be deemed accessory to that business;
Duplex means a residential building consisting of two dwelling units, located one above the
other, each with a separate entrance and not attached to any other residential building;
Dwelling Unit means a complete building or self-contained portion of a building containing
sleeping, cooking, and separate toilet facilities for the residential use of one or more people;
E
Easement means a right to use land, generally for access to other property, or as a right-of-
way for a public utility;
Eating Establishment means a Development where the primary purpose is the preparation
and sale of prepared foods and beverages to the public, for consumption within the premises
or off-site. Typical Uses include fast food restaurants, family restaurants, coffee shops, delis,
and take- out restaurants;
Encroachment means any portion of a building, fence, driveway, retaining wall or other
structure on a parcel which extends beyond the property line onto adjacent public or
privately owned property;
Town of Bentley Land Use Bylaw
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Encroachment agreement means a legal agreement, registered on title between a property
owner and the owner of adjacent property, either a government or private landowner,
confirming that an encroachment has been accepted and authorized;
Enforcement Officer means a person delegated to enforce any or all of the provisions of the
Land Use Bylaw;
Existing residence means an existing, as of the effective date of this bylaw, dwelling unit,
mobile home or modular home and buildings accessory to the dwelling unit and the parcels
upon which it is located, serviced by utilities and access to the satisfaction of the
Development Officer;
F
Fabric Covered structure means a structure made of fabric, with or without a structural
frame made from the fabric itself or different materials;
Farmers market means a temporary physical retail marketplace where farmers sell their
produce, foods, and plants directly to customers;
Fascia Sign means a sign attached to, marked or inscribed on and parallel to the face of a
building wall but does not include a billboard;
Feed Mills and Grain Elevators means buildings in which animal feeds and grain are stored
during shipment to or from farms and in which animal feeds may be prepared;
Fertilizer Sales and Storage means an outlet for the supply and sale of various fertilizers in
large quantities, and includes the storage thereof;
Floor Area means
(a) for residential buildings, the total area of all floors in a building measured from the
outside of exterior walls, but excluding floor areas of basements, attached
garages, sheds, carports, or open porches in all residential buildings, or
(b) for commercial buildings, the total floor area of all floors in a building measured
from the outside of exterior walls including basements but excluding mall areas;
Four-Plex Dwelling means a building containing four dwelling units, each unit comprising
two floor levels and sharing a common party wall with two other units;
Town of Bentley Land Use Bylaw
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Freestanding Sign means a sign that is supported independently of a building wall or
structure but does not include a portable sign;
Front Parcel Boundary means, in the case of an interior parcel, the boundary which abuts
a street and in the case of a corner parcel, means the shorter of the two boundaries which
abut a street;
Front Yard means a yard extending across the full width of a parcel measured
perpendicularly from the front boundary of the parcel to the front wall(s) of the main building
situated on the parcel [see sketch in "Yards" ];
Funeral Home means a business establishment where the bodies of the dead are prepared
for burial or cremation and may include facilities for conducting funeral services.
Crematoriums are considered a separate use;
G
Garden Suite (refers to Accesoory Suite);
Gas Bar means one or more pump islands, each consisting of one or more gasoline pumps
and shelter having a floor area of not more than 10m², excluding washrooms, which shall not
be used for repairs, oil changes or greasing;
Gas Station means a development primarily used for servicing or repairing motor vehicles,
and may include the sale of fuels and lubricating oils and other fluids and accessories for
motor vehicles and may include the sale of a limited range of convenience goods. A gas
station may include a car wash but does not include an auto-body or painting shop or a car
sales lot;
Grade means the ground elevation established for the purpose of regulating the height of a
building. The building grade shall be the finished ground elevation adjacent to the walls of
the building if the finished grade is level. If the finished grade is not entirely level, the grade
shall be determined by averaging the finished ground elevation for each face of the building";
Greenhouse, Commercial means a building for the growing of flowers, plants, shrubs, trees
and similar vegetation which are sold directly from the parcel at retail or wholesale and may
include the accessory sale of related supplies;
Group Home means a building or portion of a building used for the care or rehabilitation of
no more than six (6) children, adolescents or adults;
Town of Bentley Land Use Bylaw
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H
"Hard Landscaping" means the use of non-vegetative material, such as concrete, asphalt,
or gravel, brick, stone, wood or other similar materials as part of a landscaped area. Hard
landscaping does not include walkways or sidewalks deemed integral to building access;
"Heavy Equipment Assembly, Sales and Service" means the assembly, sales, rental and
service of any heavy vehicle or equipment used in commercial, industrial or agricultural
activities;
"Heavy Manufacturing" means the manufacture of products, the process of which
generates fumes, gases, smoke, vapours, vibrations, noise or glare, or similar nuisance
factors which have a high probability of occurring and which may cause adverse effects to
the users of adjacent land;
"Home Occupation, Major" means an accessory use of a residential building or a building
accessory thereto by a resident for the purpose of financial gain and which may, in the
opinion of the Development Authority, generate any additional vehicular traffic. Bed and
breakfast establishments and day care facilities are separate uses;
"Home Occupation, Minor'' means an accessory use of a residential building or a building
accessory thereto by a resident for the purpose of financial gain and which does not, in the
opinion of the Development Authority, generate any additional vehicular traffic. Typical uses
include self-employed persons providing professional and office services. Bed and
breakfast establishments and day care facilities are separate uses;
"Highway" means highway pursuant to the Public Highways Development Act;
I
"Indoor Merchandise Sales" means the indoor sale or display of merchandise, including
indoor storage of merchandise in quantities limited to the needs of the outlet;
Town of Bentley Land Use Bylaw
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"lntermunicipal Development Plan" means a plan adopted by the Council of the Town of
Bentley and the Council of Lacombe County as an lntermunicipal Development Plan
pursuant to the Municipal Government Act;
L
Landscaping means the modification and enhancement of a Parcel or site through the use
of the following elements:
(a)
natural landscaping consisting of vegetation such as trees, shrubs, hedges,
grass and other similar ground cover, or
(b)
hard landscaping consisting of materials such as brick, stone, concrete
blocks, tile, wood or other similar materials, or
(c)
a combination of natural landscaping and hard landscaping, but does not
include walkways or sidewalks deemed integral to building access;
Lane means a public thoroughfare which provides a secondary means of access to a parcel
or parcels, and which is registered in a land titles office;
Light Manufacturing means the manufacture of products, the process of which does not
create and emit fumes, gases, smoke, vapours, vibrations, noise or glare or other factors
which are regarded as nuisances which would cause adverse effects to the users of adjacent
land;
Liquor Store means a building or part of a building for the retail sale of alcohol, including
wine and cold beer to the public for consumption off the premises, and may include the retail
sale of related products such as soft drinks and snack foods;
Livestock Auction Mart means a facility where agricultural related items including cattle are
bought and sold by public auction;
Lot/Parcel Coverage means the percentage of a Lot which is covered by Buildings,
Accessory Buildings and other Structures, but does not include the percentage of a Lot
which is covered by hard landscaping, Decks, Patios, Driveways, Parking Pads, exterior
storage and swimming pools, or as specified in the Development Standards for a District;
Town of Bentley Land Use Bylaw
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Lot Width means the shortest distance between the Side Property Lines, for irregular or pie-
shaped Lots, the Lot Width shall be measured at 6.0 m back from the centre of the Front
Property Line;
M
Main Building means a building in which the main or principal use of the parcel is
conducted;
Main Use means the principal purpose for which a building or parcel is used;
Manufactured Home means a residential building containing one dwelling unit constructed
off site in one or more sections and intended to be occupied in a place other than where it
was manufactured;
Manufactured Home Park means a parcel comprehensively designed, developed,
operated and maintained to provide sites and facilities for the placement and occupancy of
manufactured homes on a long-term basis;
Mechanized Excavation, Stripping and Grading means the use of motorized equipment to
remove, relocate or stockpile soil or vegetation in excess of normal landscape maintenance
requirements;
Mixed Use means a mix of land uses that facilitate the mixing rather than the separation of
land uses in one distinctive environment, either vertically in the same building or horizontally
adjacent and is intended to be compatible with adjacent uses;
Town of Bentley Land Use Bylaw
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Multiple Unit Dwelling means a residential building containing three (3) or more dwelling
units separated by common walls and located either on a single lot or each unit is on its own
individual lot, and each dwelling unit having a separate, direct entrance from the exterior.
This definition applies to forms of housing that include, but is not limited to, townhouses,
row houses, triplexes and fourplexes;
Multiple Housing Development means two or more buildings containing dwelling units,
located on a parcel of land, where all the buildings, recreation areas, vehicular areas,
landscaping and all other features have been planned as an integrated development;
Municipal Development Plan means a plan adopted by Council as a Municipal
Development Plan pursuant to the Municipal Government Act;
Municipal Government Act means the Municipal Government Act, Chapter M-26 of the
Revised Statutes of Alberta, and amendments thereto;
Municipal Planning Commission means a Municipal Planning Commission established by
Council pursuant to Section 626 of the Municipal Government Act;
N
Non-conforming Building means a building where a development permit has been issued,
however the enactment of this Land Use Bylaw or any amendment thereto would render the
building in respect of which the permit was issued, a building that no longer complies with
this Land Use Bylaw.
Non-conforming Use means a use of land where a development permit has been issued,
however the enactment of this Land Use Bylaw or any amendment thereto would render the
use, in respect of which the permit was issued, a use that no longer complies with this Land
Use Bylaw.
Non-renewable Resource Extraction means the mining or removal from the ground of
deposits of coal, sand, gravel, clay and other minerals;
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O
Occupancy Permit means a document authorizing the use of a development undertaken in
accordance with a development permit issued pursuant to this Land Use Bylaw;
Off-Site Levy means a levy imposed pursuant to the Municipal Government Act;
Outdoor Storage means the storing, stockpiling, or accumulation of goods, equipment or
materials in an area that is open or exposed to the natural elements, and includes vehicles,
recreational vehicles and boats, waste materials, debris or garbage;
Outline Plan means a non-statutory, comprehensive future land use and development plan
approved by Council. An outline plan shall include detailed information regarding future
lands uses, site servicing, roads and phasing;
Outdoor Boiler means any type of solid, gas or combination fuel burning unit located
separate from the principal building or any accessory buildings or as a stand alone building
for the generation of space heating or water heating;
P
Parcel means the aggregate of the one 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;
Parcel Coverage means the area covered by buildings, parking facilities, driveways, storage
areas and display areas;
Parcel of Land means
(a)
where there has been a subdivision, any lot or block shown on a plan of
subdivision that has been registered in a land titles office;
(b)
where a building affixed to the land that would without special mention be
transferred by a transfer of land has been erected on 2 or more lots or blocks
shown on a plan of subdivision that has been registered in a land titles office,
all those lots or blocks;
(c)
a quarter section of land according to the system of surveys under the Surveys
Act or any other area of land described on a certificate of title;
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Parking Facility means a structure or an area providing for the parking of motor vehicles;
Parks and Playgrounds means areas of public land known for their natural scenery and/or
preservation for public recreation either active or passive;
Permanent Foundation means
i)
a foundation meeting the Alberta Building Code, or
ii)
an engineer approved wood foundation, or
iii)
a poured concrete basement, or
iv)
a concrete block basement.
Permitted Use means a use which is compatible with other uses in the District and for which
a development permit shall be issued provided it otherwise conforms with this Land Use
Bylaw;
Personal Service means the provision of a service to individuals on a commercial basis, and
includes such services as photographers, travel agencies, beauty salons, restaurants and
dry cleaners;
Private Pool means any outdoor private swimming pool or hot tub, whether above or below
the ground, containing water for the purpose of swimming, wading or immersion of human
beings;
Projecting Sign means a sign which projects from a structure or a building face;
Portable Sign means a sign which is not in a permanently installed or affixed position;
Principal Building means a building which accommodates a principal or main use;
Principal Use means the primary or main purpose for which a parcel, building, site or
dwelling unit is used or intended to be used;
Projection means a portion or part of a building that extends horizontally above and beyond
the foundation of the building including, but not limited to, decks, landings, verandas,
unenclosed steps, cantilevered windows, cantilevered living space, fireplace chaises, or
eaves;
Public and Quasi-public Use means a use of land or a building for purposes of public
administration and service and shall also include a building for the purpose of assembly,
instruction, culture, recreation or other community activity.
Public Utility means a public utility as defined in Part 17 of the Municipal Government Act;
Town of Bentley Land Use Bylaw
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Public Utility Building means a building in which the proprietor of a public utility maintains
an office, or maintains or houses equipment used in connection with the public utility;
R
Railway Uses means a use of land or a building directly related to the building or operation
of a railroad system;
Rear Yard means a yard extending across the full width of a parcel measured
perpendicularly from the rear wall(s) of the main building situated on the parcel to the rear
property boundary of the parcel [see sketch in "Yards"];
Rear Yard Setback means the distance that a Development or a specified portion of it, must
be set back from a Rear Property Line
Recreation Facilities means a public building and grounds for community entertainment,
relaxation, social activity and other leisure needs;
Recreational Vehicle means a motor home, camper, watercraft on a trailer, trailer, tent
trailer, or any form of vehicle used or intended to be used for recreational or holiday
accommodation;
Recreational Vehicle Sales and Service means a Development used for the sales, rental,
and service of Recreational Units.
Recycle Depot means a facility for collecting, sorting, and temporarily storing recyclable
materials such as bottles, cans, paper, boxes and small household goods, but does not
include auto wreckers;
Repair Services (with or without outdoor storage) means a development where broken,
damaged, or failed devices, equipment, parts, or goods are restored to an acceptable
operating or usable condition or state. This does not include a Gas Station. Where outdoor
storage is allowed, the use shall be listed as such within the District.
Residential means the use of land, buildings or structures primarily for human habitation.
Rrestaurant means an establishment for the preparation or sale of food for consumption on
the premises and may include takeout food service and entertainment, excluding adult
entertainment, as accessory uses.
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Retail Sales/Service means the use of a building or portion thereof for the display and retail
sale of merchandise to the public, and includes storage in the building of merchandise
associated with such display and sale;
Road means land:
(a)
shown as a road on a plan of survey that has been filed or registered in a land titles
office, or
(b)
used as a public road and includes a bridge forming part of a public road and any
structure incidental to a public road, but does not include a highway;
S
Sales and Service Outlet for Automobiles, Trucks, Recreational Vehicles or
Manufactured Homes means a facility providing for the sale, rental, service and repair of
automobiles, trucks, recreational vehicle or manufactured homes;
Sales and Service Outlet for Farm Equipment means a facility providing for the sale, rental,
service or repair of farm equipment;
Screen means a fence, berm, hedge, wall or building used to separate areas or functions
which detract from the appearance of the street scene and the view from the surrounding
areas;
SDAB means the Municipality Subdivision and Development Appeal Board and/or the
provincial Land and Property Rights Tribunal as provided for in accordance with the Act.
Secondary Suite means a separate, subordinate and self-contained dwelling unit with a
cooking facility, located within a principal dwelling. A suite must contain a separate
entrance from the principal dwelling;
Secondary Dwelling Unit for the Occupancy of the Owner, Operator or Caretaker means
a dwelling unit which is accessory to other development on the parcel;
Seed Cleaning Plant means a building for the storage and preparation of seed used in
agriculture;
Semi-Detached: refers to a building containing two separate dwellings that are attached on
one side only, sharing a common wall and each unit has its own individual entrance.
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Setback means the distance between the building foundation and the front, side or rear
lot/property line of the lot, measured at right angles to that lot line.
Sight Triangle means an area at the intersection of roadways or roadways and railways in
which all buildings, fences, vegetation and finished ground elevations shall be less than 1 m
(3.28 ft.) in height above the average elevation of the carriageways/rails, in order that vehicle
operators may see approaching vehicles;
Shipping Container (Rail or Sea Can) means a steel storage container designed to be used
for sea, rail, or intermodal shipping and which is used strictly for the storage of materials
associated with the principal use of the parcel.
Shipping Container Transformed means a modified shipping container that its
architectural function and appearance with installing new windows, exterior finishing,
painting etc. has significantly improved and meets the National Safety Standards.
Short Term Residential Rental means a furnished dwelling unit leased out to customers for
a period of less than 30 consecutive nights.
Side Yard means a yard extending from the front yard to the rear yard between the side
boundary of the parcel property line and the nearest wall of main building thereon, and shall
be measured at right angles to the side property boundary (see sketch in "Yards");
Sign means any word, letter, model, placard, board, notice, device, or representation,
whether illuminated or not, in the nature of and employed wholly or in part for the purposes
of advertisement, announcement or direction;
Sign, Awning means a sign inscribed on or affixed flat upon the covering material of an
awning;
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Sign, Billboard means a sign to which advertising copy is affixed to permit its periodic
replacement;
Sign, Facia means a sign attached to, marked or inscribed on and parallel to the face of a
building wall but does not include a billboard;
Sign, Freestanding means a sign that is exclusively supported by post(s) that extend below
the frost line;
Sign Area means the entire area of the sign on which the content is intended to be placed;
not including any support structure;
Small Wind Energy System means a use where a wind energy conversion system consisting
of a wind turbine, a tower and associated control or conversion electronics which is intended
to primarily provide electrical power for the on-site consumption;
Small Wind Turbine Type A means a structure(s) that incorporates rotor blades attached to
an engine that produces electricity that has a height greater than 12.0 m and less than 30.0
m (including rotor blades) and does not exceed a rated capacity of 100 KW;
Small Wind Turbine Type B means a structure(s) that incorporates rotor blades attached to
an engine that produces electricity that has a height less than 12.0 metres and does not
exceed a rated capacity of 100 KW;
Soft Landscaping means the use of vegetative material as part of a landscaped area;
Soft Sided Building means any building that is faced or finished, on any portion of the
building exterior, with flexible sheeting capable of being rolled or folded;
Solar Energy Infrastructure means infrastructure designed to convert solar radiation into
electrical or thermal energy. Where structures are required to support the infrastructure, the
structures will require a development permit;
Solid Waste Transfer Station means a facility for the collection and temporary holding of
solid waste in a storage container;
Subdivision and Development Regulation means the Subdivision and Development
Regulation (AR 43/2002), as amended;
Solar Panel (Collector) means a device that collects and/or
concentrates solar energy from the sun for the purpose of heating or electrical energy
production for the on-site consumption.
A Solar Panel (system) may be:
Town of Bentley Land Use Bylaw
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(a) Ground Mounted: the structure is mounted on or attached directly to the ground
surface.
(b) Pole Mounted: the structure is attached to a pole.
(c) Roof Mounted: the structure is attached to the roof of a building.
Side Yard Setback means the distance that a Development or a specified portion of it, must
be set back from a Side Property Line;
Sleeping Unit means one or more habitable rooms or portions thereof provided as a
sleeping facility.
Statutory Plan means a Municipal Development Plan, Intermunicipal Development Plan,
Area Structure Plan and Area Redevelopment Plan adopted by a bylaw of the Municipality, or
any one or more of them;
Storage Area or Outdoor Storage means an area of land provided for the purpose of storing
vehicles, equipment, seasonal recreational equipment and/or other items which are
associated with the principal use of the parcel.
Street means any category of road except a lane;
Structure means anything constructed or erected, the use of which requires location on the
ground or attachment to something located on the ground, but does not include pavements,
curbs, walks or open air surfaced areas;
Structural Alterations means altering the main building components which support a
building;
Subdivision Authority means the person, persons or organization appointed pursuant to
the Town of Bentley Subdivision Authority Bylaw;
Subdivision and Development Appeal Board means the board established by Council
pursuant to the Municipal Government Act;
Subdivision and Development Regulation means the Subdivision and Development
Regulation (AR 43/2002), as amended;
Supportive housing means institutional care facilities that provide residential
accommodation alongside professional care, supervision, and health treatment services.
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T
Temporary Building means a building or structure without a foundation or footing and which
is removed when the Development Permit for such a building has expired. Temporary
buildings include soft-sided or fabric covered structures and includes a building that is faced
or finished with flexible sheeting capable or being rolled or folded;
Temporary Commercial Sales/Service means the temporary use of a property not
exceeding six (6) months for the purpose of mobile commercial sales (e.g. fish trucks, fruit
trucks) for which a business license is obtained from the Town and the location is to the
satisfaction of the Development Officer. This does not include cannabis retail sales or
medical cannabis counselling;
Temporary Use means a specific Use of land on a specific site that is permitted by a
Development Authority for a restricted time.
Town House Dwelling means a dwelling, designed as one cohesive building in terms of
architectural design, which contains three (3) or more similar attached dwelling units each
of which fronts on a street, has direct access to the outside at grade and is not wholly or
partly above another dwelling;
Trucking Establishment means the use of land, buildings or structures for the purpose of
storing, servicing, repairing or loading trucks, transport trailers and/or buses;
Truck wash means building containing facilities for a self-service truck wash;
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V
Variance means an alteration or change to a development standard prescribed by this Bylaw
that is authorized by the Subdivision Authority or the Development Authority;
Veterinary Clinic means a facility for the medical care and treatment of domestic animals,
and includes provision for their overnight accommodation but does not include kennels,
outdoor pens, runs or enclosures;
Veterinary Hospital means a facility for the medical care and treatment of domestic
animals and livestock and includes provision for their accommodation and confinement and
includes an outdoor pen, run or enclosure;
W
Warehousing means a facility for the indoor storage of goods and merchandise, excluding
dangerous or hazardous materials, derelict vehicles thereof, or any waste material, and may
include offices related to the administration of the warehouse facility, a showroom and/or
the retail sale of goods stored in the warehouse as accessory uses. This does not include
self-service storage;
Wind turbine generator means a structure designed to convert wind energy into
mechanical or electrical energy;
Worship Facility / Place of Worship means a use for the purpose of spiritual worship.
Examples may be, but are not limited to, churches, temples, mosques and synagogues;
Y
Yard means an open space on the same site as a building and which is unoccupied and
unobstructed from the ground upward except as otherwise provided herein.
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A
Width of the Parcel
B
Front Yard
C
Side Yard
CC
Side Yard (Corner Parcel)
D
Rear Yard
E
Garage Setback
F
Accessory Building Setback
Z
Zoning means land use zoning, or district, established under this Bylaw;
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PART TWO - ADMINISTRATION AND
DEVELOPMENT APPROVAL
2.1
Development Authority
(1)
Pursuant to the Town of Bentley Development Authority Bylaw, the Development
Authority shall exercise powers and perform duties on behalf of the municipality in
accordance with the Act.
(2)
The Development Authorities are:
(a) Development Officer
(b) Municipal Planning Commission
2.2
Development Officer
(1)
The Office of the Development Officer is hereby established, and such Office shall be
filled by a person or persons to be appointed by resolution of Council.
(2)
The Development Officer shall perform such duties that are specified in this Land Use
Bylaw, including among other things
(c) (a) keeping and maintaining for the inspection of the public during all reasonable
hours, a copy of this Land Use Bylaw and all amendments thereto, and keeping a
register of all applications for Development, including the decisions thereon and
the reasons, therefore.
(3)
The Development Officer may approve, with or without conditions as an enlargement,
alteration or addition to a non-conforming building if the non-conforming building
complies with the uses prescribed for that land in this Bylaw and the proposed
development would not, in their opinion:
(a)
unduly interfere with the amenities of the neighbourhood; or
(b)
materially interfere with or affect the use, enjoyment or value of neighbouring
properties.
(4)
Pursuant to section 3, the Development Officer may relax up to ten (10) percent of the
provisions of this bylaw.
(a)
Any variance greater than ten (10) percent shall be approved by Municipal
Planning Board.
2.3
Municipal Planning Commission
(1)
The Municipal Planning Commission, established under Bylaw No. 04/95, shall:
Town of Bentley Land Use Bylaw
29
(a)
issue decisions and if necessary, state the terms and conditions for
Development Permit applications for those uses listed as Permitted Uses
which the Development Officer refers to the Municipal Planning Commission,
(b)
issue decisions, and if necessary, state the terms and conditions for
Development Permit applications for those uses listed as Discretionary Uses,
(c)
consider, and if necessary, state the terms and conditions or provide direction
on any other planning or Development matter referred by the Development
Officer or Administration.
2.4
Subdivision Authority
(1)
The position of Subdivision Authority, as established by "Subdivision Authority Bylaw,
Bylaw No 208/2019 shall perform duties on behalf of the municipality in accordance
with the Act, the Land Use Bylaw and all relevant Town of Bentley planning documents.
2.5
Subdivision and Development Appeal Board
The Subdivision and Development Appeal Board shall be the Board established and
appointed by Council pursuant to the Assessment Review Board Bylaw 243-2023
2.6
Establishment of Forms
(1)
For the purpose of administering this Land Use Bylaw, the Development Authority shall
prepare such forms and notices as he/she may deem necessary.
(2)
Any such forms or notices are deemed to have the full force and effect of this Land Use
Bylaw in the execution of the purpose for which they were designed, authorized and
issued.
2.7
Establishment of Fees
The Development Permit application fee and fees for other matters arising through this Land
Use Bylaw shall be established by resolution of Council. Council may at anytime, by
resolution, increase, decrease or establish new fees for matters covered by this Bylaw. The
Development Permit application fees and fees for other matters are established in Schedule
B.
2.8
Amendment of the Land Use Bylaw
(1)
Council on its own initiative may give first reading to a Bylaw to amend this Land Use
Bylaw.
(2)
A person may make application to the Development Officer for amendment to this
Land Use Bylaw. The application shall include:
(a)
a statement of the specific amendment requested;
(b)
the purpose and reasons for the application;
(c)
if the application is for a change of District, the legal description of the lands,
or a plan showing the location and dimensions of the lands;
Town of Bentley Land Use Bylaw
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(d)
the applicant's interest in the lands; and
(e)
an application fee to be established by resolution of Council.
(3)
If the amendment is for a redesignation of land, the Development Officer may require:
(f)
an outline plan for the area to be redesignated, to the level of detail specified
by the Development Officer; and
(g)
payment of a fee equal to the costs incurred by the Town to review the
proposed redesignation and/or related outline plan, or if necessary to prepare
an outline plan.
(4)
Upon receipt of an application to amend this Land Use Bylaw, the Development Officer
shall analyze the potential impacts of development that would result from the
proposed amendment. This analysis must consider the full development potential for
the proposed amendment and shall, among other things, consider the following
impact criteria:
(a)
relationship to and compliance with approved Statutory Plans and Council
policies,
(b)
relationship to and compliance with Statutory Plans or outline plans in
preparation,
(c)
compatibility with surrounding development in terms of land use function and
scale of development,
(d)
traffic impacts,
(e)
relationship to, or impacts on, water and sewage systems, and other public
utilities and facilities such as Recreation Facilities and schools,
(f)
relationship to Town land, right-of-way or easement requirements,
(g)
effect on stability, retention and rehabilitation of desirable existing land uses,
buildings, or both in the area,
(h)
necessity and appropriateness of the proposed amendment in view of the
stated intentions of the applicant, and
(i)
relationship to the documented concerns and opinions of area residents
regarding development implications.
(5)
Upon receipt of an application for amendment to this Land Use Bylaw, the
Development Officer shall determine when the application will be placed before the
Council and shall issue not less than 5 days notice to the applicant advising that he or
she may appear before the Council at that time, and speak to the application. An
application for amendment shall be placed before the Council within 60 days of its
receipt by the Development Officer.
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31
(6)
The Council, in considering an application for an amendment to this Land Use Bylaw,
may at its sole discretion:
(a)
refuse the application; or
(b)
refer the application for further information; or
(c)
pass first reading to a bylaw to amend this Land Use Bylaw, with or without
conditions or amendments; or
(d)
defeat first reading of a bylaw to amend this Land Use Bylaw; or
(e)
pass first reading of an alternative amendment to this Land Use Bylaw, with or
without conditions.
(7)
Following first reading of an amending bylaw, the Council shall
(a)
establish the date, time and place for a public hearing on the proposed bylaw;
(b)
if a bylaw to establish procedures for public hearings has not been passed
(i) outline the procedures to be followed by any person, group of persons
or person representing them who wish to be heard at the public
hearing, and
(ii) outline the procedure for conducting the public hearing.
(8)
Following first reading of an amending bylaw, the Development Officer must give notice
of the public hearing by
(a)
publishing notice at least once a week for 2 consecutive weeks in at least one
newspaper or other publication circulating in the area to which the proposed
bylaw relates, or
(b)
mailing or delivering notice to every residence in the area to which the
proposed bylaw relates.
(9)
A notice of a public hearing must be advertised at least 5 days before the public hearing
occurs.
(10) A notice must contain
(a)
a statement of the general purpose of the proposed bylaw and public hearing,
(b)
the address where a copy of the proposed bylaw and any document relating
to it or the public hearing may be inspected,
(c)
the date, place and time where the public hearing will be held.
(11) In the case of an amendment to change the District designation of a Parcel of Land, the
Development Officer must, in addition to the requirements of subsection (7),
(a)
include in the notice
(i) the municipal address, if any, and the legal address of the parcel of
land, and
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32
(ii) a map showing the location of the parcel of land,
(b)
give written notice containing the information described in clause (a) and
subsection (7) to the assessed owner of that parcel of land at the name and
address shown in the assessment roll of the municipality, and
(c)
give written notice containing the information described in clause (a) and
subsection (7) to each owner of adjacent land at the name and address shown
for each owner on the assessment roll of the municipality.
(12) If the land referred to in subsection (11)(c) is in Lacombe County, the written notice
must be given to that Municipality and to each owner of adjacent land at the name and
address shown for each owner on the tax roll of Lacombe County.
(13) Notwithstanding subsection (6), the Land Use Bylaw may be amended without giving
notice or holding a public hearing if the amendment corrects clerical, technical,
grammatical or typographical errors and does not materially affect the Land Use Bylaw
in principle or substance.
(14) In the public hearing, the Council
(a)
must hear any person, group of persons, or person representing them, who
claim(s) 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
the Council agrees to hear.
(15) After considering the representations made to it about the proposed bylaw at the
public hearing and after considering any other matter it considers appropriate, Council
may
(c)
pass the bylaw,
(d)
refer it for further information or comment,
(e)
make any amendment to the bylaw it considers necessary and proceed to
pass it without further advertisement or hearing, or
(f)
defeat the bylaw.
(16) Prior to third reading of the proposed bylaw, Council may require the applicant to apply
for a development permit and negotiate a development agreement in respect of the
proposal which initiated the application for amendment.
(17) After third reading of the proposed bylaw, the Development Officer shall send a copy
of it to:
(a)
the applicant;
(b)
the registered owner of the land if not the applicant;
(c)
the Director of Parkland Community Planning Services;
Town of Bentley Land Use Bylaw
33
(d)
Lacombe County, if it received a copy of the proposed Bylaw pursuant to
subsection (11).
(18) In this section, "Owner" means the person shown as the owner of land on the
assessment roll prepared pursuant to the Municipal Government Act.
(19) The Development Officer shall not accept an application for an amendment which is
identical or similar to an application which was refused by Council, for a period of 3
months after the date of the refusal unless, in the opinion of the Development Officer,
the reasons for refusal have been adequately addressed or the circumstances of the
application have changed significantly.
2.9
Repeal of Land Use Bylaw
Land Use Bylaw No. to 189/2016 is hereby repealed and this Bylaw shall take effect on the
day of the final passing thereof
2.10 Subdivision Approval Application
(1)
Upon receipt of an application, the Subdivision Authority shall within 20 days
determine whether the application is complete. An application is complete, if in the
opinion of the Subdivision Authority, the application contains the documents and other
information necessary to review the application. The 20 day timeline may be extended
if agreed upon in writing between the applicant and the Subdivision Authority.
(2)
If the Subdivision Authority deems a subdivision application to be complete, the
Subdivision Authority shall issue a letter to the applicant indicating:
(a)
The date the application was received and deemed complete;
(b)
Confirmation the Subdivision Authority will begin processing the application
and;
(c)
The date the 60 days to process the application expires.
(3)
If the Subdivision Authority determines an application is incomplete, the Subdivision
Authority shall issue a notice in writing to the applicant, indicating the following;
(a)
The application is considered incomplete.
(b)
A detailed list of the outstanding documents and/or information required by
the Subdivision Authority in order for the application to be considered
complete.
(c)
The date which the required outstanding document and/or information must
be submitted to the Subdivision Authority, as either set out in the notice, or as
agreed upon between the applicant and Subdivision Authority. prior to the
expiry of the 20 day period.
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2.11 Enforcement
(1)
A Development Officer pursuant to the Bylaw is a Designated Officer for the purposes
of carrying out inspections, remedial actions, and enforcement of this Bylaw pursuant
to the Act. The bylaw enforcement, offences and fines are in accordance with Part 8 of
this Bylaw.
2.12 Direct Control Districts
The purpose of a Direct Control District is to provide for Development with unique
characteristics, unusual Site constraints or innovative design that requires specific
considerations that are unavailable under any other land use Districts.
2.12.1 A Direct Control District shall only be applied to lands where Council has determined:
(a)
The proposed Development is appropriate for the lands, having regard for the
goals, objectives and policies of the Municipal Development Plan and other
applicable statutory or non-statutory plans or policy documents;
(b)
The application of an existing land use District to accommodate the proposed
Development would result in potential conflicts with existing or surrounding
Developments, should the partial or full Development potential of the existing
land use District be realized; or
(c)
The proposed Development is unique or of a complexity that is not
contemplated or reasonably regulated by an existing District.
2.12.2 An application for a Direct Control District shall include:
(a)
All information required by this Bylaw for an amendment application;
(b)
Written rationale indicating why, in the applicant's opinion, a Direct Control
District is necessary and why the use of another District within this Bylaw is
not appropriate;
(c)
A list of Permitted and Discretionary Uses proposed for the Site;
(d)
Plans and elevations or other documentation that would help substantiate the
need for the Direct Control District; and e. Any other information as may be
required by the Development Authority and Council.
2.12.3 Council may impose standards and conditions it considers appropriate to regulate a
Use and/or Development in a Direct Control District.
2.12.4 Council may decide on a Development Permit application within a Direct Control
District or may delegate the Development Authority to the Development Officer, or
the MPC.
2.12.5 Where a Lot is designated Direct Control, the requirements set out in this Bylaw will
continue to apply except to the extent expressly modified by the Direct Control
District bylaw.
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PART THREE - DEVELOPMENT PERMITS,
CONTRAVENTION AND APPEAL
3.1 Purpose of Development Permits
Development Permits are required to ensure that all Development is achieved in an orderly
manner.
3.2
Development Not Requiring a Development Permit
All Development undertaken in the Municipality requires an approved Development Permit
prior to commencement, except:
(a)
the carrying out of works of improvement, maintenance or renovation to any
Building provided that such works do not include Structural Alterations,
additions, or change the Use or intensity of the Use of the Building;
(b)
the completion of any Development which has lawfully commenced before
the passage of this Land Use Bylaw or any amendment thereof, provided that
the Development is completed in accordance with the terms of any permit
granted in respect of it, and provided that it is completed within 12 months of
the date of commencement;
(c)
the Use of any such Development as is referred to in subsection (b) for the
purpose for which the Development was commenced;
(d)
the erection or construction of gates, fences, walls or other means of
enclosure less than 1 m (3.28 ft.) in height in Front Yards and less than 2 m
(6.56 ft.) in other Yards, and the maintenance, improvement and other
alterations of any gates, fences, or walls or other means of enclosure;
(e)
a Temporary Building, the sole purpose of which is incidental to the carrying
out of a Development for which a permit has been issued under this Land Use
Bylaw. Such Building is to be removed within 30 days of substantial
completion of the Development or as otherwise determined by the
Development Authority;
(f)
Temporary Commercial Sales on a Parcel in the Central Commercial District
(C) not exceeding 6 months for the sole purpose of mobile commercial sales
(e.g. fish trucks, fruit trucks, etc.), providing a business license is obtained
from the Municipality and the location of the business is to the satisfaction of
the Development Officer;
(g)
the installation, maintenance and repair of utilities;
(h)
any Development carried out by or on behalf of the Crown but not including
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that carried out by or on behalf of a Crown Corporation;
(i)
any Development carried out by or on behalf of the Municipality provided that
such Development complies with all applicable provisions of this Land Use
Bylaw;
(j)
the construction or placement of one Accessory Building used as a garden or
tool shed on a residential Parcel having a Floor Area of less than 11.15 m2 (120
sq. ft.), not exceeding 3.05 m (10 ft) in height, meeting all requirements for
Accessory Buildings in this Land Use Bylaw;
(k)
Development specified in Section 618 of the Municipal Government Act,
which includes:
(i)
a Highway or Road,
(ii)
a well or battery within the meaning of the Oil and Gas Conservation
Act,
(iii)
a pipeline or an installation or structure incidental to the operation of a
pipeline, or
(iv)
any other action, person, or thing specified by the Lieutenant Governor
in Council by regulation;
(l)
the erection of one unilluminated Sign of the following nature and size for each
Use within a Building or on a Parcel, provided such Signs do not resemble or
conflict with traffic Signs:
(i)
a Fascia Sign for the purpose of identification, direction and warning
not exceeding 0.2 m² (2.15 sq. ft.),
(ii)
a Fascia Sign relating to a person, partnership or company carrying on
a profession, business or trade not exceeding 0.3 m² (3.23 sq. ft.),
(iii)
a Fascia or Freestanding Sign relating to a religious, educational,
cultural, recreational or similar institution, or to an Apartment not
exceeding 1 m² (10.76 sq. ft.),
(iv)
a Portable Sign or notice, relating to the sale or lease of land or
Buildings, sale of goods or livestock by auction, carrying out of
construction, or the announcement of any local event of a religious,
educational, cultural, political, or governmental nature not exceeding
3.0 m² (32.29 sq. ft.) and limited in display to the period of completion
of the sale, lease, construction or event,
(v)
a flag attached to a single upright flag-pole.
(m)
one satellite dish antenna, less than 1.0 m (3.3 ft.) in diameter, per Parcel
provided it is sited to the satisfaction of the Development Authority.
(n)
demolition of a Building less than 25.0 m² (269.1 sq. ft.)
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3.3
Permission for Development
(1)
(a)
An application for a Development Permit shall be made to the Development
Officer in writing on the prescribed form and shall be accompanied by:
(i)
a scaled site plan in duplicate showing the treatment of Landscaped
Areas if required, the legal description, the front, rear, and side Yards,
if any; any provision for off-street loading and vehicle parking and
access and egress points to the Parcel;
(ii)
scaled floor plans, elevations and sections in duplicate;
(iii)
a statement of existing and proposed Uses;
(iv)
a copy of the Certificate of Title to the land and, if the applicant is not
the Owner, a statement of the applicants interest in the land together
with the written consent of the Owner to the application;
(v)
the estimated commencement and completion dates;
(vi)
the estimated cost of the project or contract price; and
(vii)
such other plans and information as the Development Authority may
consider necessary to properly evaluate the proposed Development.
(b)
The Development Authority may refuse to accept an application for a
Development Permit where the information required by subsection 3.3(1)(a)
has not been supplied or where, in the opinion of the Development Authority,
the quality of the material supplied is inadequate to properly evaluate the
application.
(c)
The Development Authority may deal with an application and make a decision
without all of the information required by subsection 3.3(1)(a), if it is the
opinion of the Development Authority that a decision on the application can
be properly made without such information.
(d)
Upon receipt of an application, the Development Authority shall within 20
days determine whether the application is complete. An application is
complete if in the opinion of the Development Authority, the application
contains the documents and other information necessary to review the
application. The 20 day timeline may be extended if agreed upon in writing
between the applicant and the Development Authority.
(e)
If the Development Authority deems a development permit application to be
complete, the Development Authority shall issue a letter to the applicant
indicating;
a. The date the application was received and deemed complete.
b. Confirmation the Development Authority will begin processing the
application, and
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c. The date the 40 days to process the application expires.
Incomplete Applications
(f)
If the Development Authority determines an application is incomplete, the
Development Authority shall issue a notice in writing to the applicant,
indicating the following:
a. The application is considered incomplete,
b. A detailed list of the outstanding documents and/or information
required by the Development Authority in order for the application to be
considered complete,
c. The date which the required outstanding documents and/or information
must be submitted to the Development Authority, as either set out in the
notice, or as agreed upon between the applicant and Development
Authority, prior to the expiry of the 20 day review period.
(g)
Additional information the Development Authority may request for a
development permit application includes, but is not limited to:
a. Hosting a public meeting in the community and submitting a record of
the meeting and summary of input;
b. Traffic Impact Assessment to determine possible effects of the
development on the transportation and traffic system;
c. Environmental Site Assessment to identify potential site contamination;
d. Noise Impact Assessment to examine the noise emitted from the
development/facility;
e. Lighting Impact Assessment to determine the potential light impact to
adjacent properties during construction and operation of the site;
f. Sun Shadow Impact study to determine the impact of development in
terms of sun and daylight access to surrounding property;
g. Servicing Study to assess the capacity of municipal servicing to
accommodate future development;
h. Geotechnical Assessment of the site for design of structures;
i. Real Property Report illustrating locations of property improvements
relative to property boundaries;
j. Flood proofing assessment of the development if it is located in a flood
prone area;
k. Slope Assessment to assess the safe design of a slope;
l. Risk Assessment for hazards associated with the use or storage on site;
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39
m. CPTED Analysis to analyze the built form in reducing the incidence of
crime;
n. Parking Demand Study to estimate the parking demand of the proposed
use;
o. Such other plans and information as the Development Authority may
consider necessary to properly evaluate the proposed development.
All submitted documents are to be prepared by qualified registered
Professional in their respective fields. All submitted documents shall include
certification by the professional who prepared the document.
(h)
If the Development Authority determines that the information and documents
submitted by the applicant at the request of the Development Authority are
complete, the Development Authority must issue a letter to the applicant
indicating:
a. The application is complete
b. Confirmation the Development Authority will begin processing the
application
c. The date of 40 days to process the application expires.
(i)
If the applicant fails to submit the outstanding information and documents
requested by the Development Authority to complete the application on or
before the date referred to in the notice issued to the applicant, the
application is deemed to be refused.
(j)
If the application is deemed refused because the applicant failed to provide
the Development Authority with the requested information, the Development
Authority shall issue to the applicant a letter indicating the Application has
been refused and the reason(s) for the refusal, within 7 Days of the expiry date.
(k)
Despite that the Development Authority has issued a letter acknowledging an
application as complete, in the course of reviewing the application, the
Development Authority may request additional information or documentation
from the applicant that the Development Authority considers necessary to
review the application.
(l)
If the Development Authority does not make a determination of an
application's completeness within 20 days of receiving the application or
within an alternative timeline agreed upon between the applicant and
Development Authority, the application is deemed to be complete.
Time Limits
(m)
The Development Authority shall, within 20 days after the receipt of an
Application for a development permit, determine whether the application is
complete, or within such longer period as the applicant may have agreed to in
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40
writing.
(n)
The Development Authority shall consider and decide on any application for a
development permit, within 40 days of the date of issuance of a letter to an
applicant indicating the application is complete, or within such period as the
applicant may have agreed to in writing.
(2)
Each application for a Development Permit shall be accompanied by a non-returnable
processing fee, the amount of which shall be determined from time to time by
resolution of Council.
(3)
The Development Officer shall:
(a)
receive all applications for a Development Permit; and
(b)
refer all applications for Development which would result in permanent
overnight accommodation, including dwellings, or public facilities to the
Energy Resources Conservation Board, if any of the land which is the subject
of the application is within 1.5 km (0.93 miles) of a sour gas facility and the
proposed Development is not, in the opinion of the Development Officer, an
infill Development; and
(c)
consider and decide on applications for a Development Permit for those Uses,
listed in Part 8, which constitute a Permitted Use in a District; and
(d)
refer his/her recommendations to the Municipal Planning Commission for its
consideration and decision applications for a Development Permit for those
Uses listed in Part 8 which constitute a Discretionary Use; and
(e)
at his/her discretion refer to the Municipal Planning Commission any
application which in his/her opinion should be decided by the Municipal
Planning Commission; and
(f)
refer any application to an adjacent Municipality or any other agency or person
which in his/her opinion may provide relevant comments or advice respecting
the application.
(4)
For a Permitted Use in any District,
(a)
the Development Authority shall approve, with or without conditions, an
application for a Development Permit where the proposed Development
conforms in every respect to this Land Use Bylaw, or
(b)
subject to the provisions of subsection (6), the Development Authority shall
refuse an application for a Development Permit if the proposed Development
does not conform in every respect to this Land Use Bylaw.
(5)
For a Discretionary Use in any District,
(a)
the Municipal Planning Commission may approve an application for a
Development Permit
(i)
with or without conditions,
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41
(ii)
based on the merits of the proposed Development including its
relationship to any approved Statutory Plan or approved policy
affecting the site,
(iii)
where the proposed Development conforms in every respect to
this Land Use Bylaw; or
(b)
the Municipal Planning Commission may refuse an application for a
Development Permit based on the merits of the proposed Development, even
though it meets the requirements of this Land Use Bylaw; or
(c)
subject to the provisions of subsection (6), the Municipal Planning
Commission shall refuse an application for a Development Permit if the
proposed Development does not conform in every respect to this Land Use
Bylaw.
(6)
The Development Officer or Municipal Planning Commission, as the case may
be, may:
(a)
approve, with or without conditions, an application for a Development Permit,
or
(b)
advise that a real property report appears to conform with the Land Use Bylaw,
or
(c)
recommend approval of an application for subdivision approval,
notwithstanding that the proposed Development or subdivision does not
comply with the Bylaw or is a non-conforming Building, if in the opinion of the
Development Authority the proposed Development or subdivision or non-
conforming Building
(i) would not
(A)
unduly
interfere
with
the
amenities
of
the
neighbourhood, or
(B)
materially interfere with or affect the Use, enjoyment or
value of neighbouring Parcels of land, and
(ii)
conforms with the Use prescribed for that land or Building in
this Land Use Bylaw.
(6)
The Development Authority may require with respect to a Development that, as a
condition of issuing a Development Permit, the applicant submit a Real Property
Report to the satisfaction of the Development Officer and/or enter into an agreement
with the Municipality to do all or any of the following:
(a)
to construct or pay for the construction of a Road required to give
access to the Development, or
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42
(b)
to construct or pay for the construction of pedestrian walkway
systems, or
(c)
to install or pay for the installation of utilities, other than
telecommunications systems or works, that are necessary to serve the
Development, or
(d)
to construct or pay for the construction of
(i)
off-street or other parking facilities, and
(iii)
loading and unloading facilities, or
(e)
to pay an off-site levy or redevelopment levy imposed by Bylaw, or,
(f)
to give security to ensure that the terms of the agreement under this
section are carried out, or
(g)
to pay to the Municipality the costs paid by the Municipality to any
engineer or other person for materials testing, inspections, monitoring
of construction and review of construction drawings, and legal costs
and expenses to which the Municipality is put in connection with the
Development Agreement and the Agreement relates.
(7)
Prior to imposing any condition upon the issue of a Development Permit pursuant to
subsection (7), the Development Authority shall consult with the Council as may be
required in the circumstances and shall specify the terms and content of the
agreement in the condition in the Development Permit.
(8)
The Municipality may register a caveat pursuant to the provisions of the Land Titles Act
and the Municipal Government Act in respect of an agreement under this section
against the Certificate of Title for the land that is the subject of the Development, which
said caveat shall be discharged when the agreement has been complied with.
(9)
In the case where an application for a development permit has been refused, except
for those applications refused as incomplete applications, the Development Officer
shall refuse to accept another application for the same or similar use on the same lot
or site until 6 months have passed from the date of such refusal unless in the opinion
of the Development Officer, the reasons for refusal have been adequately addressed
or the circumstances of the application have changed significantly.
3.4
Development Permits and Notices
(1)
A decision of the Development Officer or the MPC on an application for a development
permit shall be given in writing and a copy of it sent by ordinary mail to the applicant on
the same day the decision is made
(2)
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43
(a) A permit issued pursuant to this part does not come into effect until 14 days after
the date on which notice of issuance of the permit is given under subsection 3 (b)
or (c) or 21 days after the date on which notice of issuance of the permit is given,
if such notice is given under subsection 3 (a) by ordinary mail, whichever last
occurs. Any Development proceeded with by the applicant prior to the expiry of
this period is done solely at the risk of the applicant.
(b) The date of issue of any permit shall be the date of notification pursuant to
subsection (3).
(3)
Where an appeal is made to the Subdivision and Development Appeal Board a
Development Permit which has been issued shall not come into effect until the appeal
has been determined and the permit may be modified or nullified thereby.
(4)
On the same date a Development Permit is issued, the Development Officer shall
publicize a notice of issuance of the permit in any or all of the forms described as
follows:
(a) mail a notice of the decision to all persons whose Use, enjoyment or value of
property may, in the opinion of the Development Authority, be affected; and/or
(b) post a notice of the decision conspicuously on the property for which the
application has been made; and/or
(c) publish in a newspaper circulating in the Municipality a notice of the decision.
(5)
If the Development authorized by a permit is not commenced within 12 months from
the date of its issue, or the date of decision of the Subdivision and Development
Appeal Board upon appeal, or is not carried out with reasonable diligence as
determined by the Development Authority, the permit ceases to be effective unless an
extension to this period, being no longer than an additional 12 months, has previously
been granted by the Development Authority.
(6)
The exterior finish of any Building or structure for which a valid Development Permit
has been issued, must be completed within a 12 month period of the start of
construction, unless an extension to this period, being no longer than an additional 12
months, has been previously granted by the Development Authority.
(7)
A decision of the Development Authority on an application for a Development Permit
shall be given in writing and a copy of it sent to the applicant.
(8)
When the Development Authority refuses an application for a Development Permit, the
decision shall contain reasons for the refusal.
3.5
Expiration and Validity of Development Permits
(1)
If the Development authorized by a Development Permit is not commenced within
twelve (12) months from the date of its issue or the date of decision of the Subdivision
and Development Appeal Board upon appeal, and completed within 12 months of the
issue, the permit shall be deemed to be void, unless an extension to the
Town of Bentley Land Use Bylaw
44
commencement or completion date has first been granted by the Development
Authority.
(2)
The Development Authority may grant an extension of the time the permit remains in
effect for up to an additional twelve (12) months. Only one extension shall be granted
for the commencement date and only one extension shall be granted on the
completion date.
(3)
A Development Permit issued according to this Land Use Bylaw is not a Building permit
and notwithstanding that plans and specifications for Buildings may have been
submitted as part of an application for a Development Permit, work or construction
shall neither commence nor proceed until a Building permit has been issued pursuant
to applicable Bylaws and regulations.
3.6
Cancellation
The Municipal Planning Commission may cancel a Development Permit if
(a)
the permit was issued in error, or
(b)
the permit was issued on the basis of incorrect information.
3.7
Contravention
(1)
If the Development Authority finds that a Development, land Use or Use of a Building
is not in conformity with
(a) the Land Use Bylaw, Part 17 of the Municipal Government Act or Subdivision and
Development Regulation, or
(b) a Development Permit or subdivision approval,
the Development Authority may, by written notice, order the Owner, the
person in possession of the land or Building, or the person responsible for the
contravention, or any or all of them, to
(c) stop the Development or Use of the land or Building in whole or in part as directed
by the notice,
(d) demolish, remove or replace the Development, or
(e) carry out other actions required by the notice so that the Development or Use of
the land or Building complies with the Land Use Bylaw, Part 17 of the Municipal
Government Act or Subdivision and Development Regulation, a Development
Permit or subdivision approval, and in such order establish a time for reasonable
compliance with such order.
(2)
Any person who receives an order under subsection (1) may appeal to the Subdivision
and Development Appeal Board pursuant to this Land Use Bylaw.
(3)
If a person fails or refuses to comply with an order under subsection (1) or an order of
the Subdivision and Development Appeal Board made pursuant to Part 17 of the
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45
Municipal Government Act, the Municipality may enter on the land or Building and take
any action necessary to carry out the order.
(4)
The Municipality may register a caveat under the Land Titles Act in respect of an order
referred to in subsection (1) against the certificate of title for the land that is the subject
of the order, but if it does so the Municipality must discharge the caveat when the order
has been complied with.
3.8
Appeal Procedure
(1)
An application for a development permit shall, at the option of the applicant, be
deemed to be refused when a decision thereon is not made by the Development
Authority within forty (40) days of the date of the letter issued to the applicant
acknowledging a complete application and an applicant may appeal in writing, as
provided for in this Land Use By-law, unless the applicant enters into an agreement
with the Development Officer to extend the 40 day period.
(2)
Where the Development Authority:
(a) Fails to issue a development permit to a person, or
(b) Refuses an application for a development permit, or
(c) Issues a development permit subject to conditions, or
(d) Issues an order under the Municipal Government Act, the person applying for a
permit or affected by an order, a decision, or development permit may appeal to
the Subdivision and Development Appeal
Board in accordance with the Municipal Government Act.
3.9
Offences and Penalties
(1)
A person who contravenes or does not comply with
(a) the Land Use Bylaw,
(b) Part 17 of the Municipal Government Act,
(c) the Subdivision and Development Regulation,
(d) an order under Section 3.7(1) of this Bylaw,
(e) A development Permit or subdivision approval, or a condition therein,
(f) A decision of the Subdivision and Development Appeal Board, or
(g) who obstructs or hinders any person in the exercise or performance of his/her
powers or duties under this Land Use Bylaw, is guilty of an offence.
(2)
A person who is guilty of an offence referred to in subsection (1) above is liable to a fine
of not more than $10,000 or to imprisonment for not more than one year, or to both fine
and imprisonment.
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46
3.10 Non-conforming Buildings and Uses
(a) A Non-conforming Use of land or a Building may be continued but if that Use is
discontinued for a period of 6 consecutive months or more, any future Use of the
land or Building must conform with the Land Use Bylaw then in effect.
(b) 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.
(c) 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.
(d) A non-conforming Building may continue to be Used but the Building may not be
enlarged, added to, rebuilt or structurally altered except
(i)
to make it a conforming Building,
(ii)
for routine maintenance of the Building, if the Development Authority
considers it necessary, or
(iii)
in accordance with the provisions of section 3.3(6) of Part Two
(e) If a non-conforming Building is damaged or destroyed more than 75% of the
market value of the Building above its foundation, the Building may not be
repaired or rebuilt except in accordance with this Land Use Bylaw.
(f) The land Use or the Use of a Building is not affected by a change of Ownership or
tenancy of the land or Building.
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47
PART FOUR - GENERAL LAND USE
REGULATIONS
4.1
Applicability
4.1.1 The regulations within the General Land Use Regulations shall apply to all
developments within the Town, unless otherwise specifically exempted elsewhere in this
Bylaw.
4.1.2 Where any regulation in this section may be in conflict with any regulation of a given
Land Use District in Part 8. or the Use Specific Regulations in Part 5, the regulation in the
District or Specific Use Regulation shall take precedence.
4.2
Buildings
4.2.1 Accessory Buildings
(a) Residential Districts
(i)
No Accessory Building or any portion thereof shall be erected or placed
within the Front Yard of a Parcel.
(ii)
Subject to section 3(3) Vehicle Access to Buildings, an Accessory
Building on an interior Parcel shall be situated so that the exterior wall
is at least 1 m (3.28 ft.) from the side and rear boundaries of the Parcel.
(iii)
Subject to section 3(3) Vehicle Access to Buildings, an Accessory
Building on a corner Parcel shall not be situated closer to the Street
than the Main Building. It shall not be closer than 1 m (3.28 ft.) to the
other side Parcel boundary or the rear Parcel boundary.
(iv)
An Accessory Building shall not be more than 5 m (16.4 ft.) in height,
and shall not exceed the height of the Main Building.
(v)
Notwithstanding subsections (ii) and (iii) of this Section, an Accessory
Building or any portion thereof may be erected or placed on the rear or
side boundary common to two Parcels provided the Accessory
Building serves the two abutting Parcels.
(vi)
An Accessory Building erected or placed on a Parcel shall not be used
as a dwelling.
(vii)
Any Accessory Building into which a vehicle may enter shall have a
Driveway on the Parcel at least 6 m (19.69 ft.) in length, except where
the Driveway enters a Lane, where it shall be either 1.5 m (4.92 ft.) or at
least 6 m (19.69 ft).
(b) Other Districts
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48
(i)
No Accessory Building or any portion thereof shall be erected or placed
within the Front Yard of a Parcel.
4.2.2 Building Orientation and Design
(a) The design, character and appearance of any Building, or series of Buildings,
structure or Sign proposed to be erected or located in any District must be
acceptable to the Development Authority having due regard to:
(i)
amenities such as daylight, sunlight and privacy
(ii)
the character of existing Development in the District, and
(iii)
its effect on adjacent Parcels.
(b) The exterior finish on all Buildings shall be of permanent material satisfactory to
the Development Authority.
(c) The design, character, and appearance of any Building, structure, or Sign
proposed to be erected or located in any District must be acceptable to the
Development Authority having due regard to the character of existing
Development in the District and its effect on adjacent Parcels.
4.2.3 Number of Buildings on a Parcel
(a) A Development Permit shall not be issued for more than one Main Building on an
unsubdivided Parcel, except where it is proposed to develop more than one Main
Building to form a single, unified group of Buildings.
(b) the number of Dwelling Units permitted on a Parcel shall be limited to one, except
where
(i) in the opinion of the Development Authority, either
(A)
the Building is clearly designed to be divided into more than one
dwelling, or
(B)
the Development of the Parcel is clearly designed to include
more than one dwelling, and
(ii) the Use conforms to the Uses prescribed in Schedule "C" for the District in
which the Parcel is located, and
(iii) subject to section 3.3(6) in Part Two, the Development complies with the
provisions of this Land Use Bylaw, and
(iv) a Development Permit is issued for the Use.
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4.2.4 Relocation of Buildings
(a) No person shall
(i)
place on a Parcel a Building which has previously been erected or
placed on a different Parcel, or
(ii)
alter the location on a Parcel of a Building which has already been
constructed on that Parcel unless a Development Permit has been
issued by the Municipal Planning Commission.
(b) In addition to the requirements of Section 3.3(1), Part Two, the Municipal Planning
Commission may require an application for a Development Permit to be
accompanied with
(i)
recent colour photographs showing all sides of the Building,
(ii)
a statement on the age, size and structural condition of the Building,
and
(iii)
a statement of proposed improvements to the Building.
(c) An application for a Development Permit may be approved by the Municipal
Planning Commission if the proposal meets all of the regulations specified under
the appropriate Land Use District in which it is proposed to be located.
(d) Where a Development Permit has been granted for the relocation of a Building
either on the same Parcel or from another Parcel, the Municipal Planning
Commission may require the applicant to provide a performance bond of such
amount to ensure completion of any renovations set out as a condition of
approval of a permit.
(e) All structural and exterior renovations shall be completed within one year of the
issuance of a Development Permit.
4.2.5 Building Demolition
(a)
In addition to the requirements of Section 3.3 of Part Three (Permission for
Development), an application to demolition of a buildings or structures with a
floor area greater than 25.0 m2 (270 ft2) shall be accompanied by a statement
or plan which indicates:
(i)
how the demolition will be carried out to avoid or minimize the creation
of dust and other nuisances to surrounding properties.
(ii)
the final reclamation and grading of the parcel;
(iii)
the proposed means of removing the buildings, disposing of material
and time of demolition activity; and
(iv)
the safety protocols to be used during the demolition activity.
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(b)
Whenever a development permit is issued that involves the demolition of a
building, it shall be a condition of the permit that:
(i)
the site be properly cleaned, with all debris removed;
(ii)
the site is left in a graded condition that removes or fills in excavations
and is in accordance with the site drainage requirements of this Land
Use Bylaw; and
(iii)
the applicant arranges for the safe disconnection of all municipal and
private utilities serving the building to be demolished prior to
demolition commencing.
(c)
Where a permit is approved, the Development Authority may require the
applicant to provide a letter of credit or other security of such amount to cover
the costs of reclamation and any damage to utilities.
4.2.6 Temporary Buildings
(a) The Development Authority may issue a Development Permit for a Temporary
Building that will include conditions concerning:
- the size, height and location of the Building,
- the appearance of the Building,
- the length of time within which the Building may remain erected, to a
maximum of 12 months, and
- the provision of a performance bond to ensure the Building is removed
within 30 days of the expiry of the Development.
Example-Temporary Building
(b) The Development Authority may consider a renewal of the Development Permit
upon the submission of a new Development Permit application.
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4.2.7 Fabric Covered Structure
(a) The Development Authority may approve an application for Development Permit
for a Fabric Covered Structure only if:
(i)
the Building structure is an Accessory Building on the Parcel and is not
erected or placed within the Front Yard of a Parcel, unless otherwise
approved by the Development Authority, and
(ii)
the building structure is approved as a temporary structure with a
specified maximum time limit, and subject to annual review, and
(iv)
the structure meets Alberta Building Code requirements.
(v)
setback a minimum of 3.0 m (10.0 ft) from any structure or equipment
that contains open flames (i.e. burning barrels, fire pits, or other open
flame accessories);
(vi)
maintained in good condition and the fabric not frayed or damaged;
and
(vii)
fully enclosed with closable doors on the ends
Example-Fabric Covered Structure
(b) The Development Authority may conditionally approve a Fabric Covered Structure
to be placed on a Parcel subject to the applicant agreeing to remove the Building
Structure in accordance with the terms and conditions of the Development
Permit.
(c) There shall be no more than one (1) Fabric Covered Structure per Parcel
(d) Within residential districts or a parcel with a principal residential use, a Fabric
Covered Structure must not:
(i)
exceed one (1) Accessory Building, Fabric Covered per parcel;
(ii)
be connected to any Utilities; exceed 20.44 m2 (220.0 ft2) in floor area;
and
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(iii)
be used in a manner that would cause or create a nuisance by way of
noise, vibration or dust to impact the privacy and enjoyment of adjacent residential
uses or the amenities of the neighbourhood.
(e) For non-residential uses in districts other than residential districts: A Fabric
Covered may, at the discretion of the Development Authority:
(i)
be connected to Utilities; and
(ii)
exceed more than one (1) Fabric Covered Structure per parcel.
4.2.8 Murals on external walls
Any specific exterior wall painting and murals on buildings exceeding an area of three-
square meters (10 sqft.) are subject to a formal development application process and
approval of the Development Authority.
Example-Mural on An External Wall
4.3. Yards
4.3.1 Projections Over Yards
Projections on foundation walls and footings, or on piles, are deemed to be part of the
Building and shall not be considered as a projection over a Yard.
(a) In residential Districts the portion of and attachments to a main or Accessory
Building that may project over or on a minimum Yard are:
(i)
Side Yards
Any projection, including unenclosed steps or eaves, not exceeding
one-half of the minimum side yard required for the Building, except in
Laneless subdivisions where Section 4(4)(a) of Part 4 shall apply;
(ii)
Front Yards
Any projection not exceeding 1.5 m (4.92 ft.) over or on the minimum
Front Yard;
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(iii)
Front and Rear Yard
Unenclosed steps, if they do not project more than 2.5 m (8.20 ft.) over
or on a minimum front or Rear Yard;
(iv)
Rear Yards
Any projection not exceeding 3 m (9.84 ft.) over the minimum Rear
Yard.
(b) In all other Districts, the portion of and attachments to a main or Accessory
Building that may project over or on a minimum Yard are:
(i)
any projection not exceeding 1.5 m (4.92 ft.) into a front or Rear Yard;
(ii)
any projection not exceeding 0.6 m (1.97 ft.) into a Side Yard;
(iii)
any projection that is an exterior fire escape not exceeding 1.2 m (3.94
ft.) in width.
(c) No portion of a Building other than eaves, signs or canopies shall project into a
public or private right-of-way.
A
Width of the Parcel
B
Front Yard
C
Side Yard
CC
Side Yard (Corner Parcel)
D
Rear Yard
E
Garage Setback
F
Accessory Building Setback
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4.3.2 Objects Prohibited or Restricted in Yards
(a) No person shall keep or permit in any part of a Parcel in any residential District: a
motor vehicle that is in a dilapidated or unsightly condition, or a Derelict Vehicle
to remain or be parked on a Parcel in a Residential District, unless it is suitably
housed or Screened to the satisfaction of the Development Authority.
(b) No person shall allow a Recreational Vehicle to be stored in any Yard abutting a
Street in a residential District, except in a Rear Yard or on a corner Parcel where it
shall be stored no closer to the Street than the Main Building.
This regulation does not apply between April 1st and October 15th of each year
if:
(i)
the Recreational Vehicle will not overhang the sidewalk, Street,
or Lane or otherwise create a traffic hazard; and
(ii)
the parking of the Recreational Vehicle will not, in the opinion of
the Development Authority, be unsightly or tend to adversely
affect the amenities of the adjacent property Owners.
(c) A Recreational Vehicle parked in a residential District may be used for living and
sleeping accommodation only by bona fide tourists for a maximum period of 30
days per annum.
(d) No person shall allow a vehicle of more than 2,730 kg (6,018.6 lbs.) (GVW) and/or
a length of 6.5 m (21.3 ft) to be parked or stored in a residential District, except
those vehicles described in subsection 2(2)(b) of this Schedule.
(e) All types of Outdoor Boilers are prohibited.
4.3.3 Satellite Dish Antennas
The following requirements apply to satellite dish antennas with a diameter of 1.0 m (3.3 ft.)
or more.
(a) A satellite dish antenna shall only be located in a Rear Yard, or a Side Yard that
does not abut a Street.
(b) On an interior Parcel, a satellite dish antenna shall be situated so that no part of
it is closer than 1 m (3.28 ft.) from the side or rear boundaries of the Parcel.
(c) On a corner Parcel, a satellite dish antenna shall be situated so that no part of it
is closer to the Street than the Main Building, or closer than 1 m (3.28 ft.) from the
other side Parcel boundary or the rear Parcel boundary.
(d) Where any part of a satellite dish antenna is more than 4 m (13.12 ft.) above Grade
level, or when it is located other than described in subsection 2(3) (a) above, it
shall be both Screened and located to the satisfaction of the Development
Authority.
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(e) No advertising other than the manufacture's name/logo shall be allowed on a
satellite dish antenna.
(f) The illumination of a satellite dish antenna is prohibited.
4.4
Laneless Subdivisions
(a) In a Laneless subdivision in a residential District, one Side Yard shall not be less
than
(i)
1.5 m (4.92 ft.) in the case of a Detached Dwelling with attached
garage, or
(ii)
3 m (9.84 ft.) in the case of a Detached Dwelling without
attached garage;and both Side Yards shall not be less than
(iii)
1.5 m (4.92 ft.) in the case of a Duplex with attached garages, or
(iv)
3 m (9.84 ft) in the case of a Duplex without attached garages.
(b) In a Laneless subdivision in a commercial or industrial District one Side Yard shall
be not less than 6 m (19.69 ft.). This does not apply to an Accessory Building
where such Building is located to the rear of the Main Building and separated
therefrom by a minimum distance of 12 m (39.37 ft.).
4.6
Decks
A Development Permit is required for the construction of a deck if:
(a) it will be constructed so that the decking is situated more than 0.61 m (2.0 ft.)
above Grade, or
(b) subject to section 5(18) of Part 5, any portion of the deck is situated within the
applicable minimum Yard setback requirement
4.7
Drainage
(a) All roof drainage from a Building shall be directed onto the Parcel upon which the
Building is situated by means satisfactory to the Development Officer.
(b) Any landscaping and/or re-contouring shall be done so that the finished Grade
does not direct surface drainage or cause the impounding of drainage onto an
adjoining site unless otherwise approved by the Municipal Planning Commission.
4.8
Site Grading and Drainage
(a) All roof drainage from a building shall be directed onto the Parcel upon which the
building is situated by means satisfactory to the Development Officer.
(b) Any landscaping and/or re-contouring shall be done so that the finished Grade
does not direct surface drainage or cause the impounding of drainage onto an
Town of Bentley Land Use Bylaw
56
adjoining site parcel unless otherwise approved by the Municipal Planning
Commission.
(c) The property owner shall be responsible to ensure that grading is maintained over
time to provide effective drainage. Where maintenance of a common drainage
swale or path at a property line is required, the responsibility of maintenance lies
with the owners of both parcels. Where a drainage swale or path is established
within an easement or right-of-way on a parcel, swale grades shall be maintained,
and the swale shall be kept free of any obstructions.
(d) Where retaining walls are necessary or proposed in any development, such walls
shall be developed with professional quality and shall not negatively affect
abutting parcels due to site elevations or drainage.
Figure- Site Grading and Drainage
4.9
Landscaping, Environmental Conservation and Development
Unless otherwise specified in Part 8, the following standard of landscaping shall be required
for all areas of a Parcel not covered by Buildings, Driveways, storage, and display areas:
(a) the conservation of existing trees and shrubs to the maximum extent possible;
(b) the appropriate Screening of outside storage areas, parking facilities and loading
areas from adjacent Buildings and Roads.
(c) the planting of additional trees and shrubs to provide
(i)
a minimum overall density of one tree per 35.0 m² (376.7 sq. ft.)
of Landscaped Area,
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57
(ii)
a minimum of 33% coniferous trees, and
(iii)
a minimum height of 1.5 m (4.9 ft.) for deciduous trees and 1.0
m (3.3 ft.) for coniferous trees;
(d) a maximum of 15% of the Parcel area being hard-landscaped;
(e) a sufficient depth of topsoil to facilitate growth in the soft-Landscaped Areas, with
areas not planted to trees and shrubs being seeded to grass, sodded or left with
its natural grass cover; and
(f) completion of the landscaping by the end of the first full growing season following
completion of construction or the commencement of the Use.
4.10 Outdoor Storage
Where any non-residential development includes outdoor storage, other than an Outdoor
Storage Yard:
(1) The land used must be screened from adjacent roads, and at the discretion of the
Development Authority, from adjacent land uses;
(2) Required screening shall not be less than 2.0m and not more than 2.5m in height;
(3) The stored material shall not be piled higher than the height of the screening
provided.
(4) Shipping Containers/Sea Can Storage Containers may only be located in industrial,
public, and commercial districts providing that:
(a) They are not located in a front yard or exterior side yard;
(b) They are not stacked. Under special circumstances this requirement may be
exempted upon Municipal Planning Commission approval.
(c) They are not used to store any dangerous or hazardous materials;
(d) They are screened from view to the satisfaction of the Development Authority;
and
(e) There are no visual or material impacts on neighbouring properties, to the
satisfaction of the Development Authority.
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PART FIVE - USE SPECIFIC REGULATIONS
5.1
Primary Access
The primary physical and legal access to all Parcels shall be via a Street. A Lane may provide
secondary access only.
5.2
Home Occupations
Home occupations shall comply with the following:
(a) a home occupation shall not include any Use or operation which detracts from
the amenities of a residential neighbourhood by way of creating dangerous or
objectionable conditions;
(b) a home occupation shall be incidental and subordinate to the residential Use of
the dwelling and any Accessory Residential Building;
(c) there shall be no exterior display or advertisement other than a professionally
prepared business identification plaque or Sign having maximum dimensions of
60 cm X 45 cm (24 in. X 18 in.) being located within a window or, at the discretion
of the Development Authority, located on the Building or other suitable location
on the site.
(d) there shall be no outside storage of materials, commodities or finished products;
(e) no commodity other than the product or service of the home occupation shall be
sold on the premises; and
(f) a home occupation shall not be staffed on site by any person other than a resident
of the dwelling.
(g) a home occupation license does not exempt the applicant from compliance with
any federal or provincial regulation, or any municipal bylaw or regulation.
(h) a home occupation shall not involve the use and/or storage of hazardous or
dangerous goods.
(i) not more than one business vehicle used in or for the home occupation shall be
parked on the site or any Street adjacent thereto.
(j) a permit for a home occupation may be revoked at any time if, in the opinion of the
Development Authority, the home occupation has become detrimental to the
residential nature and amenity of the neighbourhood or otherwise does not meet
the criteria or intent of a home occupation.
5.3
Private Pools and Decorative Ponds
(a) A Private Pool or Decorative Pond must be:
(i) at least 1 m (3.28 ft) from the side and rear property lines;
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59
(ii) located in a Rear or Side Yard on an interior lot; and
(iii) on a corner lot, located in a Rear Yard or the Side Yard not adjacent to a
Street.
(b) A Decorative Pond must not be located in a Front Yard, unless:
(i)
the Decorative Pond is 600 mm or less in depth; and
(ii) the Decorative Pond is located a minimum of 1 m (3.28 ft) from the front and
side property lines.
(c) Subject to subsection (d) below, every Private Pool shall be secured against entry
of the public other than Owners, tenants or their guests by being enclosed by a
1.82 m (6 ft.) fence and shall be designed to deter children from climbing over or
crawling through or under it to gain access.
(d) Every hot tub shall be fenced or have in place a lockable lid.
(e) A Building permit shall be required for all Private Pool and/or Decorative Ponds in
excess of 600 mm in depth.
Figure- Example of a Private Pond
5.4
Dangerous Goods
Prior to making any decision on a Development application which involves dangerous goods
or Development on Adjacent Land or in close proximity to any dangerous goods, the
Development Authority shall refer the Development proposal to the appropriate regulatory
authority for comments.
5.5
Mechanized Excavation, Stripping and Grading of Parcels
(a) A temporary fence shall be erected around all excavations which, in the opinion
of the Development Authority, may be hazardous to the public.
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(b) Where finished ground elevations are established, all grading shall comply
therewith.
(c) All Parcels shall be Graded to ensure that storm water is directed to a Road
without crossing Adjacent Land, except as permitted by the Municipal Planning
Commission.
(d) All topsoil shall be retained on the Parcel, except where it must be removed for
Building purposes.
5.6
Development in Proximity to Oil and Gas Wells
In accordance with the Subdivision and Development Regulation, no Building shall be
constructed within 100 m (328.1 ft.) of the well head of a gas or oil well, unless, in the opinion
of the Development Authority, it may be considered an infill Development or is otherwise
approved in writing by the Energy Resources Conservation Board.
5.7
Development Setbacks from Wastewater Treatment Plants
In accordance with the Subdivision and Development Regulation,
(a) a school, hospital, food establishment or residential Building must not be
approved and a residential Building must not be constructed within 300 m (984.25
ft.) of the working area of an operating wastewater treatment plant, and
(b) a wastewater treatment plant must not be approved unless the working area of
the plant is at least 300 m (984.25 ft.) from any existing or proposed school,
hospital, food establishment or residential Building, unless the Development is
approved in writing by the Deputy Minister of the Environment.
5.8
Development Setbacks from Landfills and Waste Sites
In accordance with the Subdivision and Development Regulation,
(a) a school, hospital, food establishment or residence must not be approved and a
residence must not be constructed if the Building site is within the distances from
a sanitary landfill, modified sanitary landfill, hazardous waste management
facility, dry waste site, waste processing site, waste storage site, waste sorting
station or waste transfer station specified in the Subdivision and Development
Regulation, and
(b) a sanitary landfill, modified sanitary landfill, dry waste site, hazardous waste
management facility, waste processing site, waste storage site, waste sorting
station or waste transfer station must not be approved within the distances from
the property boundary of a school, hospital, residence, or food establishment
specified in the Subdivision and Development Regulation, unless the
Development is approved in writing by the Deputy Minister of the Environment
5.9
Accessory Suite
5.9.1 An Accessory Suite may be built in one of the following:
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(a) A Secondary Suite: Attached to the principal dwelling,
(b) A Backyard Suite which is detached and located in the rear yard of a site, and may
be:
(i)
A Garden Suite (Detached, located at the ground level)
(ii)
A Garage Suite: located above a detached Garage
5.9.2 For the purposes of this Land Use Bylaw, all existing secondary suites are considered
unauthorized dwelling units, except where a development permit approval has been
given and they were lawfully constructed in conformation with any other Act or
regulation having effect on the date of the development permit.
5.9.3 An Accessory Suite may be developed only in those Land Use Districts where it is
listed as a permitted use or discretionary use and associated with a principal
Detached Dwelling.
5.9.4 The issuance of a development permit does not exempt the applicant from the
requirement to obtain a building permit for an Accessory Suite.
5.9.5 When deciding on an application for an Accessory Suite the Development Authority
shall consider:
(a) Adherence to the purpose of the land Use District;
(b) Adherence to the regulations for the Lot and the proposed Development; and
(c) The cumulative impacts resulting from the clustering of accessory residential
Uses within the subject Block Face or surrounding area, which include but are not
limited to approved Accessory Suites, Home Occupations, Day Homes, and Bed
and Breakfasts. Impacts may include, but are not limited to:
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(iii)
Capacity of existing utilities;
(iv)
Traffic generation relative to the capacity of the existing road
network; or
(v)
Parking congestion
5.9.6 A maximum of one (1) Accessory Dwelling Unit is allowed per parcel.
5.9.7 An Accessory Dwelling Unit must not be separated from the principal Detached
Dwelling by the registration of a condominium or subdivision.
5.9.8 A "Backyard Suite" located at grade shall:
(d) Only be located on a Site containing a Single Detached Dwelling;
(e) Be in a Building with a Building Height not more than one (1) Storey or not more
than 16.9 ft;
(f) Have a maximum Gross Floor Area of 80.0 m2;
(g) When combined with all other Buildings and structures on the Lot, not exceed a
maximum Lot Coverage of 60%, notwithstanding the maximum Lot Coverage in
the relevant District;
(h) Have a minimum separation distance of 2.4m from the Principal Dwellin;
(i) Have a minimum separation distance of 1.5m from an Accessory Building, unless
attached;
(j) Be setback a minimum of:
(i)
1.5m f rom the Side Property Line; or
(ii)
3.0m from the Side Property Line Abutting a Street; and iii. 1.5m
from the Rear Property Line; and
(k) Be designed to the satisfaction of the Development Authority who shall consider
Building form, massing, and exterior material and colour, as well as window and
door placement in relation to Buildings on the subject property and Adjacent
properties;
5.9.9 In addition to Section 5.9.6, the following shall apply to a Backyard Suite located
above an Accessory Building:
(a) Only be located on a Site containing a Single Detached Dwelling;
(b) The maximum Building Height shall be the lessor of 7.0m or the Building Height of
the Principal Building;
(c) The Backyard Suite shall have an entrance separate from the entrance to the
Accessory Building, either from a common indoor landing or from the exterior of
the structure.
(d) Notwithstanding elsewhere in this Bylaw, the Accessory Building containing the
Backyard Suite shall be Setback a minimum of:
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(iii)
1.2m from the Side Property Line; or
(iv)
3.0m from the Side Property Line Abutting a Street;
(v)
1.2m from the Rear Property Line; and
(vi)
2.4m from the Principal Building.
(e) The Accessory Building containing the Backyard Suite shall be designed to the
satisfaction of the Development Authority who shall consider Building form,
massing, exterior material and colour, as well as window and door placement in
relation to Buildings on the subject property and Adjacent properties.
5.10 Bed and Breakfast Establishments
(a) The residential nature of the dwelling and the neighbourhood shall be preserved
as much as is reasonably possible.
(b) A dwelling that is being used for a Bed and Breakfast Establishment shall not be
used as a Boarding and Rooming House at the same time.
(c) The granting of a Development Permit for a Bed and Breakfast Establishment does
not exempt compliance with any provincial regulations or other permit
requirements.
5.11 Short-Term Residential Rental
(a) There are 2 types of short-term residential rental accommodations:
(i)
Rental of an entire dwelling
(ii)
Rental of individual rooms or spaces in a home where the host
also lives.
(b) A valid home-based business licence is required for each property that is
available for short-term rental;
(c) A Development Permit for a major home-based business is required if the
operator/host resides at the rental premises and is renting out more than two
sleeping units. This includes situations where the rental accommodation is a
separate secondary or garden suite.
(d) A building permit may be required if there are changes to the physical floor plan
of
the
property
to
accommodate
the
short-term
residential
rental
accommodation.
(e) Operators must
(i)
Complete, signed and submit a "Short-Term Residential Rental
Accommodation Rules)"
(ii)
Provide guests with a copy of the "Short-Term Residential Rental
Accommodation Rules: Information for Guests guide".
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5.12 Supportive Housing
(a) Supportive Housing facilities may form a portion of the development of another
use, provided Supportive Housing is listed as a Permitted or Discretionary use in
the district subject to that application.
(b) Where a Supportive Housing use is being created in an existing or planned
dwelling or building in any residential district, no exterior alterations shall be
undertaken which would be inconsistent with the residential character of the
building, property, or the surrounding neighbourhood.
(c) Where a Supportive Housing use is developed in a residential district, it must be
consistent with the scale and form of the residential dwelling types that are listed
as either Permitted or Discretionary uses in that district, and must meet the same
dimensional requirements for lot sizes, building heights, setbacks, coverage, and
provision of amenity area
5.13 Solar Collectors
5.13.1 A Solar Collector shall:
(a) Be located and mounted to ensure that no glare is produced for Adjacent Sites;
(b) Meet the height requirements of the district in which it is located; and
(c) Be located in the Rear Yard when located on the ground level of a property in a
residential District.
5.13.2 When a Solar Collector is located on the ground of a property in any District, the
Setbacks and screening shall be to the satisfaction of the Development Authority.
5.14 Wind Turbines
Small Wind Turbines Type A
5.14.1 All Small Wind Turbine Type A systems shall:
(a) Be setback at least 150m from the Property Line of any residential parcel;
(b) Be certified by the Canadian Standards Association (CSA);
(c) Be supported by any required studies at the discretion of the Development
Authority; and
(d) Include provision to prevent unauthorized climbing of a structure.
5.14.2 For Small Wind Turbines Type A that have a rated capacity of less than 10 kW, the wind
turbine shall not exceed noise greater than 35 dB as measured at the closest Dwelling or
other occupied Building at any time, including nighttime, as established by the Renewable
Energy Framework Policy.
5.14.3 For Small Wind Turbines Type A that have a rated capacity of 10 or more, the wind
turbine shall meet the noise control requirements as outline in Alberta Utilities
Commission's Rule 012.
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5.14.4 For Small Wind Turbines Type A, the following shall be at the discretion of the
Development Authority:
(a) The number of wind turbines erected per Lot, provided that the cumulative impact
of the of the wind turbine(s) does not exceed the regulations contained in this
section; and
(b) The setback of the wind turbine from a wetland or water body.
Small Wind Turbines Type B
5.14.5 All Small Wind Turbine Type B systems shall:
(a) Have a turbine height (including the rotor blade) that is less than 12.0m;
(b) Have a minimum distance of 36.0m to the nearest Property Line;
(c) Have a minimum distance of 12.0m to the nearest play structure;
(d) Not exceed noise greater than 35 dB to the closest residential Dwelling at any
time, including nighttime, as established by the Renewable Energy Framework
Policy;
(e) Have a maximum capacity of 100.00 kW;
(f) Be certified by the Canadian Standards Association (CSA); and
(g) Be supported by any required studies at the discretion of the Development
Authority.
5.14.6 For Small Wind Turbines Type B, the following shall be at the discretion of the
Development Authority:
(a) The number of wind turbines erected per Lot, provided that the cumulative impact
of the wind turbine project(s) does not exceed the regulations contained in this
Section
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5.15 Shipping (Sea and Rail) Containers Regulations
5.15.1 The following regulations shall apply to all shipping containers located on parcels in
the Industrial, Commercial and Public Use Districts.
(a) A maximum of one (1) shipping container/per hectare of parcel area
(rounded up to the next whole number) may be permitted.
(b) A shipping container must not exceed the following dimensions 13.716m
(L) x 2.438m (W) x 2.896m (H);
(a) Shipping containers shall only be placed on the ground and shall not be stacked
upon one another or on any other structure.
(i) To promote businesses and economic development, under specific
circumstances the Development Authority may approve applications for
stacked containers. Stacked containers need a building permit and shall
be certified by the Canadian Standards Association.
(b) Shipping containers must be located at the rear yard of the property and shall:
(i) standalone so that they are not connected to one another or to any
structures on the property (e.g. through the development of a roof
structure, or other means);
(ii) be finished in the same colour as the primary colour of the principal
building on the parcel; or
(iii) be screened, using either vinyl fencing measuring 1.8m in height or
coniferous trees, planted at a minimum height of 1.8m and spaced to
provide a wall of fencing.
(c) Where the rear yard is adjacent to a residential district, or public street, additional
landscaping and screening shall be provided to screen the shipping containers,
to the satisfaction of the Municipal Planning Commission
(d) Unless otherwise specified in Part 4, the following standard of landscaping shall
be required for all areas of a Parcel not covered by Buildings, Driveways, storage,
and display areas:
(i)
the conservation of existing trees and shrubs to the maximum extent
possible;
(ii)
the appropriate Screening of outside storage areas, parking facilities and
loading areas from adjacent Buildings and Roads.
(iii) the planting of additional trees and shrubs to provide
5.15.2 The use of a Shipping Container/Sea Can Storage Container as an Accessory
Building:
(a) Shall be subject to an application for Development Permit;
(b) May only be permitted in industrial, public, and commercial districts;
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(c) Shall meet all provisions outlined in Part 4 (Outdoor Storage).
1. Shipping containers do not fall into the definitions of temporary building.
2. Shipping containers shall not be used for the storage of dangerous goods.
3. Shipping containers shall not be used for residential purposes.
4. A shipping container is not a rail box car.
A "Transformed Shipping Container" may be considered as a building by the Development
Authority (Municipal Planning Commission) if it is significantly improved in function and
appearance with the installation of new windows, exterior finishing, painting etc. and meets
the National Safety Standards.
5.16 Cannabis Retail Sales
5.16.1 Distance from Schools and Public Libraries
(a) A cannabis retail sales use shall not be located within 10m of any building being
used for a public library, or 100m of any building or any lot being used for a private
or public education or any lot designated as School Reserve or Municipal and
School Reserve at the time of application for approval of the cannabis retail sales
use. For the purposes of this subsection only:
(i)
The 10m distance shall be measured from the closest point of the
cannabis retail sales use to the closest point of the building or part of a
building being used by a public library;
(ii)
The 100m distance shall be measured from the closest point of the
cannabis retail sales use to the closest point of the boundary of the lot
being used for private or public education use;
(iii)
The 100m distance shall be measured from the closest point of the
cannabis retail sales use to the closest point of the boundary of the lot
designated as School Reserve or Municipal and School Reserve;
(iv)
The term "Public library" is limited to the collection of literary, artistic,
musical and similar reference materials in the form of books,
manuscripts, recordings and films for public use, and does not include
private libraries, museums or art galleries;
(v)
The term "public or private education" is limited to elementary through
to high schools, and does not include dance schools, driving schools
or other forms of commercial schools;
(vi)
The terms "school reserve" and "municipal and school reserve" means
those parcels with the suffix "SR" or "MSR" in accordance with the
Municipal Government Act; and
(vii)
The Development Authority shall not grant a variance to reduce the
separation distance.
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5.16.2
Distance from Provincial Health Care Facility
(a) A cannabis retail sales use shall not be located within 100m of any building or any
lot used for a provincial health care facility. For the purposes of this subsection
only:
(i)
The 100m distance shall be measured from the closest point of the
cannabis retail sales use to the closest point of the boundary of the lot
being used for a provincial health care facility;
(ii)
The term "provincial health care facility" means an approved hospital
as defined by the Hospitals Act; and
(iii)
The Development Authority shall not grant a variance to reduce the
separation distance.
5.16.3
Co-Location with Other Uses
(a) Cannabis retail sales shall not be co-located with, or approved in combination
with, any other use within the same building designed to house a single tenant or
the same commercial bay of a building designed to house multiple tenants.
5.16.4
Cannabis retail sales shall include design elements and considerations that
readily allow for natural surveillance and the promotion of a safe urban
environment, which, to the satisfaction of the Development Authority, includes
the following requirements:
(a) Customer access to the store is limited to a store front that is visible from the
street, or a parking lot, or the interior hallway of a mall;
(e) The exterior of all stores shall have as much visibility from the street as possible;
(f) Outdoor lighting shall be designed to ensure a well-lit exterior for pedestrians and
illumination of the property; and
(g) Landscaping shall consist of low-growing shrubs or trees with a sufficiently high
canopy to maintain natural surveillance between heights of 1m and 2.5m above
grade.
5.16.5
No outdoor storage relating to cannabis retail sales shall be allowed.
5.16.6
All solid waste containers shall be identified and secured to the satisfaction of
the Development Authority.
5.16.7
All loading facilities shall be provided and secured to the satisfaction of the
Development Authority.
5.16.8
No nuisances, including but not limited to odour, noise, or light, shall be
emitted.
5.16.9
Drive through facilities and windows are not permitted.
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5.16.10
Hours of operation for cannabis retail sales shall be limited to the hours
between 10:00 am and 11:00 pm.
5.16.11
Onsite parking shall be provided at a rate of 3.5 parking stalls per 100 m2
(1,076 ft2) of floor area, or to the satisfaction of the Development Authority.
5.16.12
The Development Authority shall not grant a variance to any standard that
applies to a cannabis retail sales use.
5.16.13
In addition to the requirements for a development permit application, the
applicant proposing a cannabis retail sales development shall provide:
(a) A drawing illustrating the proposed location of the cannabis retail sales and its
distance from any other use or facility that requires a distance separation under
this Land Use Bylaw or the provincial legislation; and
(h) Written confirmation from the Alberta Gaming, Liquor and Cannabis Commission
(AGLC) that the applicant has satisfied the AGLC requirements to be a person
eligible to sell cannabis in Alberta.
5.17 Manufactured Homes outside the Manufactured Home District (RM)
(a) A manufactured home and any additions to the manufactured home in a District
other than the Manufactured Home District (RM) shall meet all of the
requirements that apply to a single family detached dwelling for that District.
(i) In addition to the requirements that apply to a single family detached dwelling, a
manufactured home and any additions to the manufactured home in a District
other than the Manufactured Home District (RM) shall have:
(i)
a minimum roof pitch of 4:12 (rise:run);
(ii)
a roof surface of wood or asphalt shingles, clay or concrete tiles, slate
or wood shakes, or metal or composite material;
(iii)
a minimum roof overhang or eaves of 0.3m (1.0 ft) from each external
wall surface;
(iv)
a permanent foundation consisting of a concrete basement or crawl
space with footings;
(v)
a maximum length to width ratio of 3:1 (3 units of length to 1 unit of
width);
(vi)
a minimum width of 6.1m (20 ft) measured from external wall surface
to external wall surface; and
(vii)
a minimum floor area as required in the applicable District.
(j) The maximum age of any manufactured home on a parcel in a District other than
the Manufactured Home District (RM) shall be five (5) years. The age shall be
measured from the date the manufactured home was created to the date that it is
proposed to be developed on the parcel.
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5.18 Projection
Any projection and/or locating any structure such as an air condition system on any side of
a yard must meet all Alberta Building Code and Fire Code requirements in addition to this
Bylaw setback regulations.
Figure-Projections
5.19 Temporary Uses
(a) Temporary uses, buildings, or structures may be permitted in all Districts at the
discretion of the Development Authority, provided that temporary buildings or
structures are not placed on permanent foundations and provided that the use,
building or structure is listed as a permitted, discretionary, or similar use in the
relevant land use district.
(k) Except as otherwise noted in this Bylaw, temporary uses, buildings, or structures
may be approved for a period of up to three (3) years. Renewal of these approvals
may be permitted but such renewals shall not extend the total length of a
temporary approval beyond ten (10) years.
(l) Where a person proposes to extend the temporary period beyond the time set out
in the permit, he shall, not later than sixty days prior to the day on which the
Development Permit will cease to be in effect, make written application to the
Development Authority for renewal of the permit setting forth the reasons for the
extension.
(m) For any Temporary Use, the Development Authority may require the submission
of a site remediation plan and securities to ensure that the use is properly
removed and the site remediated.
(n) (5) The Development Authority may vary landscaping and hard-surfacing
requirements for a temporary use(s), building(s), or structure(s), where there are
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concurrent applications for a principal use and meeting the requirements for the
temporary use(s), building(s), or structure(s) would cause undue hardship for the
final build-out of the site.
5.20 Guidelines for other Land Uses
All Uses that are not covered by specific regulations in Part 6 shall, in accordance with the
following guidelines, be
(a) separated from adjacent Uses by such a distance as to ensure that there will be
no adverse impact upon or by those adjacent Uses,
(o) at a density which is consistent with that prevailing in the area, unless otherwise
provided for in a Statutory Plan,
(p) set-back from any Parcel boundary abutting a Road a sufficient distance to ensure
that the Development will not be visually intrusive, having regard to any possible
changes in surrounding Uses,
(q) of a height which will be consistent with that prevailing in the area,
(r) developed in such a manner that there will be no adverse impact upon or by traffic
on adjacent Roads, and
(s) developed in conformance with any applicable Statutory Plan policies.
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PART SIX - VEHICLES AND PARKING
6.1
Driveways - Vehicle Access To Buildings
6.1.1 Any building into which a vehicle may enter shall have a driveway on the parcel at least
6 m (19.69 ft.) in length, except where the driveway enters a lane, where it shall be either 1 m
(3.28 ft.) or at least 6 m (19.69 ft.).
6.1.2 At street intersections, driveways shall be set back from the parcel boundaries which
form the intersection not less than
(a) 6 m (19.69 ft.) where the driveway serves not more than four dwelling units, or
(t) 15 m (49.21 ft.) for all other uses,
except where existing or planned traffic volumes indicate that a greater distance is required
to improve or maintain traffic safety and efficiency.
6.1.3 The maximum width of a driveway shall be 10.00 m (32.28 ft.).
6.1.4 The minimum distance between driveways shall be:
(a) Nil, where the driveways serve single dwelling units,
(u) 6.000 m (19.69 ft.) where the driveways serve any other use, except where existing
or planned traffic volumes indicate that a greater distance is required to improve
or maintain traffic safety and efficiency.
To ensure that the movement of traffic is both safe and efficient, driveways are not allowed
on the streets, unless alternative access is not available.
6.2
Sight Lines At Intersections Of Roadways
6.2.1 At the intersection of lanes, a 3 m (9.84 ft.) sight triangle shall be determined using the
diagram below
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6.2.2 At the intersection of other roads, the Development Officer may require the calculation
of sight triangles.
6.2.3 Sight triangle calculations shall be in accordance with the recommended methods of
the Roads and Transportation Association of Canada regarding crossing sight distances for
roads.
6.3
Sight Triangles At Road And Rail Intersections
6.3.1 At the intersections of roads and railways which are unprotected by automatic warning
signals, sight triangles shall be determined using the diagram below.
6.4
Loading Spaces
6.4.1 Loading spaces shall be required for all non-residential development.
6.4.2 Loading spaces shall be designed and located so that all vehicles using those spaces
can be parked and maneuverer entirely within the bounds of the parcel before moving onto
a road.
6.4.3 Loading spaces shall be located in rear and side yards only.
6.4.4 A loading space shall be at least 3.5 m x 8 m (11.48 ft. x 26.25 ft.), with an overhead
clearance of at least 4.6 m (15.09 ft.).
6.1.5 Hard surfacing of the loading space shall be required, where a loading space enters a
paved road, otherwise, the surfacing shall be all-weather.
6.5
Parking
6.5.1 The following minimum number of parking spaces shall be provided and maintained
upon the use of a parcel or a building in any District as described in Part Six of this Land Use
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Bylaw. Any calculation of the number of parking spaces which produces a requirement for
part of a space shall be rounded up to the next highest integer.
USES
PARKING SPACES (Proposed)
COMMERCIAL
Indoor merchandise sales
3.5/100 m2 (1,076.4 sq.ft.)
Offices
2.5/100 m2 (1,076.4 sq.ft.
Repair services
2.0/100 m2 (1,076.4 sq.ft.)
Restaurants, lounges and taverns
1.0/4 seats
Vehicle and equipment sales
2.0/100 m2 (1,076.4 sq.ft.)
INDUSTRIAL
Manufacturing industry Minimum provision
6.0
Office area
2.0/100 m2 (1,076.4 sq.ft.)
Other area
1.0/100 m2 (1,076.4 sq.ft.
Storage area
0.7/100 m2 (1,076.4 sq.ft.)
PUBLIC
Places of worship
1.0/4 seats
Public assembly buildings
1.0/4 seat
Schools - Elementary and junior high
1 per classroom
Senior high
4 per classroom
RESIDENTIAL
Senior citizens housing
0.5 stalls per resident room
Apartment
1.5 per unit plus 1 visitor parking per 6 units
Secondary Suite
1.0 stall per Studio/ 1 bedroom Accessory
Suite; 2.0 stalls per 2 or more-bedroom
Accessory Suite
Bed & Breakfast / Short term rental
1.0 per unit
All other
2.0 per dwelling
All other uses not listed above
The number of spaces shall be determined by
the Development Officer having regard to
similar uses listed above and the estimated
traffic generation and attraction of the
proposed use.
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6.5.2 The Development Authority may, in its discretion, impose additional parking space
requirements depending on the nature of an application.
6.5.3 On-site parking requirements for non-residential Uses may be relaxed where in the
opinion of the Development Authority
(i)
sufficient on-street parking is available without causing congestion, or
(ii)
sufficient parking is available in public parking lots, or
(iii) private parking can be shared because peak use times are different
6.5.4 When a building is enlarged or the use of a parcel or a building is changed or increased
in intensity, the additional parking spaces to be provided shall be limited to the
difference between the requirement of the original building or use and that of the
enlarged building or changed or intensified use.
6.5.5 The parking space requirement on a parcel which has or is proposed to have more
than one use shall be the sum of the requirements for each of those uses.
6.5.6 Any loading space provided pursuant to any land use districts in this Bylaw may be
used as parking space.
6.5.7 Each parking space shall have dimensions of not less than 2.75 m (9.02 ft.) by 5.50m
(18 ft.).
6.5.8 The dimensions of parking areas shall be as set out in the diagram and table shown
below.
Figure 1 Dimensions of Parking Area
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Table 6.1 Minimum Dimensions of Parking Stall
A
B
C
D
Parking
Angle
Stall
Width
Stall
Depth
Overall
Depth
0
2.75 m
(9 ft.)
2.75 m
(9 ft.)
9.00 m
(30 ft.)
30
2.75 m
(9 ft.)
5.00 m.
(16 ft.)
13.50 m
(44 ft.)
45
2.75 m
(9 ft.)
5.70 m
(18 ft.)
15.40 m
(51 ft.)
60
2.75 m
(9 ft.)
6.00 m
(20 ft.)
17.50 m
(57 ft.)
90
2.75 m
(9 ft.)
5.50 m
(18 ft.)
18.00 m
(59 ft.)
6.5.9 A minimum standard of 24.75 m2 (266 sq.ft.) per parking space shall be used for
general calculations for the areas of parking facilities or the number of parking spaces
in a parking facility.
6.5.10 In commercial Districts, in lieu of providing parking spaces and subject to the
approval of the Council, a payment may be made to the Council at a rate per space
which the Council shall determine.
6.5.11 Parking spaces shall be located on the same parcel as the use for which they are
being provided except that, subject to the approval of the Development Officer, the
spaces may be located on another parcel within 50.00 m (164.0 ft.) walking distance,
provided that a restrictive covenant, ensuring the use of the parcel for the required
number of parking spaces, is registered against the Certificate of Title of that parcel.
6.5.12 Hard surfacing of the parking area shall be required, where a parking area enters a
paved public roadway, otherwise, the surfacing shall be all-weather.
6.5.13 Recreational Vehicle Parking in Residential Districts
(a) A maximum of two (2) Recreational Vehicles may be parked or stored on a
residential Site at a time.
(v) The Recreational Vehicles shall be located as follows:
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(i) A maximum of two (2) Recreational Vehicles may be parked or stored in
the Rear Yard, Side Yard at a time; and
(ii) A maximum of one (1) Recreational Vehicle may be parked within the
Front Yard between May 1 and October 31, provided it is parked on a
Driveway or Parking Pad.
6.5.14 A Recreational Vehicle parked or stored in a residential District shall:
(a) Not occupy or obstruct access to any required Parking Stalls;
(w) Not be used for sleeping, food preparation or personal hygiene while parked or
stored on a Site; and
(x) Be located wholly within the Site and be setback a minimum of 0.6m from the Rear
Property Line where there is a rear Lane.
6.5.15 Parking and loading requirements for other similar uses as set out in Section 6.5 shall
be provided as determined by the Development Authority.
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PART SEVEN - SIGNS
7.1
General Provisions
(a) A Sign shall not conflict with the general character of the surrounding streetscape
or the architecture of nearby Buildings or be liable to create a cluttered
appearance to the streetscape.
(b) No Sign shall project higher than the roof-line of the Building to which it is
attached.
(c) A Sign shall not project closer than 0.75 m (2.5 ft.) to the existing or future curb
line.
(d) Where a Sign projects over public property, a minimum clearance of 2.5 m (8.2 ft.)
above Grade level shall be maintained.
(e) Notwithstanding subsection (d), where a Sign is located in or projects into or over
a Driveway or other area of vehicle movement, a minimum clearance of 4.6 m
(15.1 ft.) above Grade level shall be maintained.
(f) A Sign shall not obstruct the view of or be liable to be confused with an official
traffic sign, signal or device or otherwise pose a potential hazard to traffic.
(g) A Sign shall not display lights which may be mistaken for the flashing lights
customarily associated with danger or those used by police, fire, ambulance or
other emergency vehicles.
7.2
Fascia and Projecting Signs
(a) No Fascia or Projecting Sign shall be lower than 2.5 m (8.2 ft.) above Grade, except
in the case of Signs intended solely for the information of pedestrians in which
case the height shall be determined by the Municipal Planning Commission
having regard, amongst other things, to clarity and safety.
(b) No Fascia or Projecting Sign on a single storey Building shall be higher than the
Eave-line of the Building.
(c) No Fascia Sign shall project more than 0.4 m (1.3 ft.) over a Street or public
property.
(d) No Fascia or Projecting Sign on a Building two or more storeys in height shall be
higher than the sill level of the second floor windows or the equivalent height in
the case of attachment to a blank wall.
(e) The maximum size for Projecting Signs shall be 1.0 m² (10.8 sq. ft.)
(f) On corner sites, Projecting Signs shall be placed at equal angles to the walls that
form the corner and on other sites, at right angles to the wall.
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(g) Projecting Signs shall not project more than 1.0 m (3.3 ft.) over a Street or public
property.
(h) Only one Projecting Sign may be erected on each Street frontage of a Building.
7.3 Freestanding Signs and Billboards
(a) No Freestanding Sign or Billboard shall extend beyond 6.0 m (19.7 ft.) above grade
or be larger than 4.5 m² (48.4 sq. ft.) except in a Central Commercial District where
(i)
the maximum in all cases other than a District Shopping Centre, shall
be 7.0 m (23.0 ft.) in height and 9.5 m² (102.3 sq. ft.) in area, and
(ii)
at a District Shopping Centre, the maximum shall be 8.5 m (27.9 ft.) in
height and 14.0 m² (150.7 sq. ft.)
(b) Only one Freestanding Sign or Billboard may be erected on each of a Parcel's
boundaries with a Street.
(c) No Freestanding Sign or Billboard shall be erected in such proximity to a Public
Use District that it would detract from the natural aesthetics of that District.
(d) Freestanding Signs and Billboards shall be separated by a minimum distance of
30.0 m (98.4 ft.) from each other.
(e) Freestanding Signs and Billboards shall only be erected on sites to which their
display relates except in the case of
(i)
advance directional signs which may be approved by the Municipal Planning
Commission in locations where it considers the free and safe flow of traffic
may be enhanced, or
(ii)
Signs used solely by community organizations.
7.4
Portable Signs
(a) Portable Signs subject to subsection 5(4)(e), may only be used to advertise
businesses which commence operation on the Parcel upon which the sign is
erected within 60 days before or after the date of application for a Development
Permit.
(b) The use of a Portable Sign shall be limited to a maximum of 60 days following
which time the sign shall be removed from the Parcel.
(c) Only one Portable Sign shall be permitted on a Parcel at any one time and a
minimum of 30 days shall elapse between the removal of one Portable Sign and
the erection of another on the same Parcel.
(d) No Portable Sign shall be higher than 2.0 m (6.6 ft.) above Grade or larger than 3.0
m² (32.3 sq. ft.)
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(e) Notwithstanding subsections 5(4)(a), (b) and (c), a Portable Sign may be used to
advertise community events of a public or quasi-public nature, if it is placed on
public property and any advertisement of any business is limited to the name of
the permanent sponsor, permanently affixed to the Sign.
7.5
Awning Signs
Awning Signs shall only be permitted if the awning is a minimum of 2.5 m (8.2 ft.) above Grade
level.
7.6
Other Signs
The Municipal Planning Commission may approve other Signs subject to the General
Provisions of subsection 5(1).
7.7
Sign Removal
Where a Sign no longer fulfils its function under the terms of the approved Development
Permit, the Municipal Planning Commission may recommend that the Council resolve to
order the removal of such a Sign, and the lawful Owner of the Sign or where applicable, the
registered property Owner, shall, upon such a resolution,
(a) remove such a Sign and all related structural components within 30 days from the
date of receipt of such a removal notice,
(b) restore the immediate area around the Sign to the satisfaction of the Municipal
Planning Commission,
(c) bear all the costs related to such removal and restoration.
7.8
Calculation of Sign Area
Where any provision of this Section limits the area of any Sign in any circumstances,
(a) The Sign area shall be calculated as the area of the Sign face where the content is
intended to be placed, not including any support structure;
(b) Only one (1) side of a double-faced Sign is used for calculating Sign area.
7.9
Sign Regulations Variance and Relaxation
To support local businesses, protect public interests and the character of the surrounding
area:
(a) The Development Officer may relax the maximum size and or dimensions of an
individual size and the maximum number of signs for a single site up to ten (10)
percent of the provisions of this bylaw. Any variance greater than ten (10) percent
shall be approved by Municipal Planning Board.
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7.10 Mural Sign
A Mural Sign shall not have sign content that shows a product or business advertising unless
it is considered historic in content, at the discretion of the Development Officer.
PART EIGHT - LAND USE DISTRICTS
Category
District
Symbol
RESIDENTIAL
Low Density Residential
R1
Low Density Residential-Compact
R1C
General Residential
R2
Multi-unit Residential
R3
Manufacture Homes
RM
COMMERCIAL
Central Commercial
C1
INDUSTRIAL
Industrial - Light
I1
Industrial - Heavy
I2
PUBLIC USE
Institutional and Public Use
P
URBAN RESERVE
Urban Reserve
UR
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8.1
Low Density Residential District (R1)
General
Purpose:
To provide an area for low density residential development in the form
of detached dwellings and compatible uses.
Permitted Uses:
Single Family Detached Dwellings
Accessory Residential Buildings where the total floor area is less than
70 m2 (753.5 ft2)
Building Demolition
Home Occupation-Class I (Minor)
Discretionary
Uses:
Accessory Residential Buildings where the total floor area is more than
70 m2 (753.5 ft2)
Accessory Uses
Accessory Suite
Care Residence
Bed and Breakfast Establishment
Day Care Facility
Duplexes existing at the date of passage of this Land Use Bylaw
Home Occupation-Class II (major)
Manufactured Home existing on site as of April 27, 2021"
Public uses and building
Parcel Development Regulations
Single Family Detached Dwellings
Minimum Front Yard
8 m (26.24 ft.)
Minimum Side Yard
1.5 m (4.9 ft.) except where it abuts a road - 3 m (9.8 ft.),
or as required in the Alberta Building Code, whichever is
greater
Minimum Rear Yard
10 m (32.81 ft.)
Minimum Parcel Area
Interior Parcels 550 m ² (5,925 ft²)
Corner Parcels
610 m² (6,563 ft²)
Minimum Floor Area
90 m² (969 ft²) habitable floor area of dwelling above grade
Maximum Parcel Coverage
55%
Landscaped Area
No specific requirements. In the case of applications for
Development Permits for uses other than Detached
Dwellings, refer to Part 4.
Maximum Building Height
10 m (33 ft.)
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Supplementary Regulations:
1) All uses must comply with the regulations in Part Four. The regulations for all other uses
shall be determined by the Development Authority.
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8.2
Low Density Residential District (R1C) - Compact
General
Purpose:
To provide an area for low density residential development in the form
of detached dwellings and compatible uses.
Permitted Uses:
Single Family Detached Dwellings
Accessory Residential Buildings where the total floor area is less than
70 m2 (753.5 ft2)
Building Demolition
Home Occupation-Class I (Minor)
Discretionary
Uses:
Accessory Residential Buildings where the total floor area is more than
70 m2 (753.5 ft2)
Accessory Uses
Accessory Suite
Care Residence
Bed and Breakfast Establishment
Day Care Facility
Duplexes existing at the date of passage of this Land Use Bylaw
Home Occupation-Class II (major)
Manufactured Home meeting the requirements of Part 5
Public uses and buildings
Parcel Development Regulations
Single Family Detached Dwellings
Minimum Front Yard
(6.0 m (19.68 ft)
Minimum Side Yard
1.5 m (4.92 ft.) except where it abuts a road - 3 m (9.84 ft.),
or as required in the Alberta Building Code, whichever is
greater
Minimum Rear Yard
10 m (32.8 ft.)
Minimum Parcel Area
Interior Parcels 380 m ² (4000 ft²)
Corner Parcels
420 m² (4,430 ft²)
Minimum Floor Area
90 m² (969 ft²) habitable floor area of dwelling above grade
Maximum Parcel Coverage
55%
Landscaped Area
No specific requirements. In the case of applications for
Development Permits for uses other than Detached
Dwellings, refer to Part 4.
Maximum Building Height
10 m (33 ft.)
Town of Bentley Land Use Bylaw
85
Supplementary Regulations:
1) All uses must comply with the regulations in Part 4. The regulations for all other uses shall
be determined by the Development Authority.
Town of Bentley Land Use Bylaw
86
8.3
General Residential District (R2)
General
Purpose:
To provide an area for a variety of dwelling types from detached to
semi-detached dwellings, multiple unit dwellings and other uses.
Permitted Uses:
Single Family Detached Dwellings
Semid-detached and Duplexes
Accessory Residential Buildings where the total floor area is less than
70 m2 (753.5 ft2)
Building Demolition
Home Occupation Class I (Minor)
Discretionary
Uses:
Accessory Uses
Accessory Residential Buildings where the total floor area is more than
70 m2 (753.5 ft2)
Accessory Suite
Duplexes and Semi-Detached Dwellings
Multiple Unit Dwellings (Town houses and Row houses)
Manufactured Homes meeting the requirements of Part 5
Bed and Breakfast Establishment
Care Residence
Day Care Facility
Home Occupation - Class II (Major)
Parking facilities for Uses in this District
Parks and Playgrounds
Public and Quasi-public Uses
Public Works Buildings or Structures
Signs
Parcel Development Regulations
Single Family Detached Dwellings
Minimum Front Yard
8 m (26.24 ft.)
Minimum Side Yard
1.5 m (4.92 ft.) except where it abuts a road - 3 m (9.84
ft.), or as required in the Alberta Building Code,
whichever is greater
Minimum Rear Yard
10 m (32.81 ft.)
Minimum Parcel Area
Interior Parcels 464 m²
(5,000 ft²)
Corner Parcels 511 m²
(5,500 ft²)
Minimum Floor Area
90 m² (969 ft²) habitable floor area of the dwelling above
Town of Bentley Land Use Bylaw
87
grade
Maximum Parcel
Coverage
55%
Landscaped Area
No specified requirements. For other uses refer Part 4.
Maximum
Building
Height
10 m (33 ft.)
Multiple-Unit Dwellings Semi-Detached, Duplexes, Townhouses, 4-plexes
Minimum Front Yard
8 m (26 ft.)
Minimum Side Yard
1.5 m (4.92 ft.) except where it abuts a road - 3 m (9.84
ft.), or as required in the Alberta Building Code,
whichever is greater
Separation or screening must exist to maintain privacy
within each dwelling under normal conditions, or as
required in the Alberta Building Code, whichever is
greater.
Minimum Rear Yard
10 m (32.81 ft.). Each dwelling unit shall have a private,
screened yard area of not less than 45 m² (484.39 ft²)
Minimum Parcel Area
Duplexes/Semi-Detached (per Dwelling Unit):
Interior Parcels
280m² (3,013.89 ft²)
Corner Parcels
330m² (3,552.09 ft²)
Town houses (per Dwelling Unit):
Interior Parcels
180 m² (1,937.50 ft²)
Corner Parcels
280 m² (3,013.89 ft²)
Four-Plexes (per Dwelling Unit):
Interior Parcels
200 m² (2,152.73 ft²)
Corner Parcels
220 m² (2,368.06 ft²)
Minimum Floor Area
90 m² (969 ft²) habitable Floor Area of dwelling above
Grade
Maximum
Parcel
Coverage
55%
Landscaped Area
An area 6 m (19.69 ft.) in perpendicular depth and 1 m
(3.28 ft.) on either side from all windows of living rooms,
dining rooms and bedrooms (on first floors and in
basements) shall be landscaped, in addition to any
landscaping required elsewhere on the parcel, in
accordance with Part 4.
Maximum
Building
Height
10 m (33 ft.)
Town of Bentley Land Use Bylaw
88
Architectural Requirements:
The development of all principal buildings shall be required to contribute to an attractive and
aesthetically pleasing appearance along the public street. Each principal building shall be
designed and constructed to address the following requirements:
(a) A roof line that is made up of varying surfaces, valleys and peaks to create variety
and, through the use of dormers, gables or similar features, divide the overall
mass of the roof into segments;
(c) Large, prominent windows on upper and lower floor elevations to create visual
interest on wall surfaces;
(d) A front entrance that is highly visible from the street through the use of landings,
porches, verandas or similar features;
(e) Jut-outs, protruding wall surfaces, recessed entrances, window boxes or similar
features to create visual variety along wall surfaces that face a public street;
(f) Use of at least two different types of exterior cladding materials, such as vinyl,
cement board or composite material siding, stone or brick, stone or brick veneer,
or similar materials on each wall surface that faces a public street;
(g) Use of at least two colours of exterior cladding on each wall surface to break the
wall surface into segments and/or the use of bands of a sufficiently contrasting
colour (e.g. white banding and dark primary colour) to accent the point where
each floor/level of the building meet;
(h) Use of a contrasting colour as trim around doors and windows and on corners or
common walls between units to add visual interest and give the appearance of
separate buildings;
(i) Avoiding mirror duplication of an existing or approved principal building on an
adjacent parcel on the same street through the use of differing colours and/or
exterior cladding materials.
Town of Bentley Land Use Bylaw
89
8.4
Multi-Unit Residential District (R3)
General
Purpose:
To provide an area for a variety of multiple unit dwellings, apartments
and other uses.
Permitted Uses:
Apartments
Multiple Unit Dwellings (Town houses, 4 plexes and Row houses)
Accessory Residential Buildings where the total floor area is less than
70 m2 (753.5 ft2)
Building Demolition
Home Occupation Class I (Minor)
Discretionary
Uses:
Accessory Uses
Accessory Residential Buildings where the total floor area is more than
70 m2 (753.5 ft2)
Accessory Suite
Semi-Detached, Duplexes
Manufactured Homes meeting the requirements of Part 5
Bed and Breakfast Establishment
Care Residence
Day Care Facility
Home Occupation - Class II (Major)
Parking facilities for Uses in this District
Parks and Playgrounds
Public and Quasi-public Uses
Public Works Buildings or Structures
Signs
Multiple-Unit Dwellings Semi-Detached, Duplexes, Townhouses, 4-plexes
Minimum Front Yard
8 m (26.24 ft.
Minimum Side Yard
1.5 m (4.92 ft.) except where it abuts a road - 3 m (9.84
ft.), or as required in the Alberta Building Code,
whichever is greater
Separation or screening must exist to maintain privacy
within each dwelling under normal conditions, or as
required in the Alberta Building Code, whichever is
greater.
Minimum Rear Yard
10 m (32.81 ft.). Each dwelling unit shall have a private,
screened yard area of not less than 45 m² (484.39 ft²)
Town of Bentley Land Use Bylaw
90
Minimum Parcel Area
Duplexes/Semi-Detached (per Dwelling Unit):
Interior Parcels
280m² (3,013.89 ft²)
Corner Parcels
330m² (3,552.09 ft²)
Town houses (per Dwelling Unit):
Interior Parcels
180 m² (1,937.50 ft²)
Corner Parcels
280 m² (3,013.89 ft²)
Four-Plexes (per Dwelling Unit):
Interior Parcels
200 m² (2,152.73 ft²)
Corner Parcels
220 m² (2,368.06 ft²)
Minimum Floor Area
90 m² (969 ft²) habitable Floor Area of dwelling above
Grade
Maximum Parcel
Coverage
55%
Landscaped Area
An area 6 m (19.69 ft.) in perpendicular depth and 1 m
(3.28 ft.) on either side from all windows of living rooms,
dining rooms and bedrooms (on first floors and in
basements) shall be landscaped, in addition to any
landscaping required elsewhere on the parcel, in
accordance with Part 4.
Maximum Building
Height
10 m (33 ft.)
Apartments
Minimum Front Yard
8 m (26.24 ft.)
Minimum Side Yard
3 m (9.84 ft.), except where it abuts a road - 6.0 m (19.69 ft.),
or as required in the Alberta Building Code, whichever is
greater.
Minimum Rear Yard
10 m (32.81 ft.)
Minimum Parcel Area
50% of the building's total floor area
Maximum Parcel
Coverage
75%
Landscaped Area
An area 6 m (19.69 ft.) in perpendicular depth and 1 m (3.28
ft.) on either side from all windows of living rooms, dining
rooms and bedrooms (on first floors and in basements) shall
be landscaped, in addition to any landscaping required
elsewhere on the parcel, in accordance with Part 4.
Maximum Building
Height
13.5 m (44 ft.)
Town of Bentley Land Use Bylaw
91
Supplementary Regulations:
1) All uses must comply with the regulations in Part 4. The regulations for all other uses shall be
determined by the Development Authority.
Town of Bentley Land Use Bylaw
92
8.5
Manufactured Home District (RM)
General
Purpose:
To provide an area for and to regulate the Development and Use of land
for Manufactured Homes, and other Uses which are compatible with a
residential area, either on separately registered Parcels or in
comprehensively designed parks wherein sites are rented or owned as
part of a condominium. The area is to be connected to municipal
sewer and water systems.
Permitted Uses:
Manufactured Homes
Manufactured Home Park
Accessory Residential Buildings where the total floor area is less than
70 m2 (753.5 ft2)
Home Occupation Class I, Minor
Building Demolition
Discretionary
Uses:
Accessory Residential Buildings where the total floor area is more than
70 m2 (753.5 ft2)
Accessory Uses
Building Demolition
Day Care Facility
Manufacture Home Park
Parking facilities for Uses in this District
Parks and Playgrounds
Public Works Buildings and Structures
Signs
In this District,
"Lot" means the total area of land reserved for the placement of a manufactured
home and for the exclusive use of its occupant(s);
"Structure" means a subordinate building which is an addition to or supplements
the facilities provided by a manufactured home, such as awnings, storage structures,
carports, porches and skirting.
Town of Bentley Land Use Bylaw
93
Manufactured Home Park Standards
Maximum Gross Density
17 Manufactured Homes per hectare (7 per acre)
Minimum Park Area
2 hectares (4.94 acres)
Minimum Yard
Requirements
Manufactured Homes Parks and their attached structures shall
be at least:
a) 6m (19.69 ft.) from one another
b) 7m (22.97 ft.) from any other Manufactured Home
park boundary
c) 3m (9.84 ft.) from any internal access Road or
common parking area
d) 1.5m (4.92 ft.) from any side lot line
e) 4.5m (14.76 ft.) from any rear lot line
Minimum Lot Area
The minimum lot area for single wide Manufactured Homes shall
be 370 m² (3,982.6 ft²)
The minimum lot area for double wide Manufactured Homes shall
be 470 m² (5,059.0 ft²).
The lot area requirements shall not apply to Manufactured Home
Parks existing prior to the adoption of this Land Use Bylaw,
provided the minimum yard requirements are complied with.
Maximum Lot Coverage
55%
Minimum Building Height
6.0 m (19.68 ft.)
No attached structure shall exceed the height of the main
building.
Minimum Manufactured
Home Width
4.325 m (14.0 ft)
Minimum Manufactured
Home Floor Area
78 m² (840 ft²) excluding any attached structures
Maximum Manufactured
Home Age
The maximum age of any manufactured home shall be five (5)
years. The age shall be measured from the date the manufactured
home was created to the date that it is proposed to be developed
on the parcel. Only the Municipal Planning Commission can vary
the maximum age requirement through the development permit
application process.
Park Site Plan:
The Municipal Planning Commission may require the developer to
provide a site plan showing all lot boundaries and dimensions. Each
lot in a Manufactured Home Park shall have a street accessible
water curb stop on new lot development and park expansion only.
Town of Bentley Land Use Bylaw
94
Recreation Area:
A minimum of 5% of the total area of a Manufactured Home Park
shall be set aside in a suitable location as a recreation area.
Playground apparatus or other recreation facilities shall be provided
in accordance with a recreation site plan approved by the
Development Authority.
Roadways:
All Manufactured Home Park roadways shall have at least a 12 m
(39.4 ft.) right-of-way and a carriageway no less than 10 m (32.8 ft.)
in width.
Walkways:
Internal pedestrian walkways, where provided, shall be a minimum
of 1.5 m (4.9 ft.) in width.
Storage Areas:
Common storage areas, separate from the manufactured home lot,
shall be provided for storage of seasonal recreational equipment
not capable of storage on the manufactured home lot. Such storage
areas shall be screened and shall have an area of not less than 20
m² (215.3 ft²) per manufactured home lot.
Utilities:
All utility services and all utility wires and conduits shall be
installed underground.
Fences and Lot Lines: Fences and hedges shall be allowed only if they are erected and
maintained by the Manufactured Home Park operator to a uniform
standard throughout the Manufactured Home Park.
All lot lines shall be clearly defined on the ground by permanent
flush stakes, or markers, with a lot number or other address system.
Manufactured Home Individually Titled Lot Standards
Manufactured Homes
New Manufactured Homes only
Minimum Yards
Manufactured Homes and their attached structures shall be at least:
(i)
6 m (19.6 ft.) from one another (except attached structures)
(ii)
6 m (19.6 ft.) from the Front Parcel Boundary
(iii)
6 m (19.6 ft.) from the rear Parcel boundary
(iv)
1.5 m (5 ft.) from the side Parcel boundary except on a corner
parcel where the Side Yard abutting a Road shall be at least 3 m (9.84
ft.)
Minimum Parcel Area
Interior Parcels
465 m²
(5,000.40 ft²)
Corner Parcels
511 m²
(5,500.12 ft²)
Minimum Floor Area
90 m² (969 ft²) excluding any attached structures
Maximum
Parcel
Coverage
55%
Town of Bentley Land Use Bylaw
95
Minimum Manufactured
Home Width
4.92 m (16.0 ft.)
Landscape Area
No specific requirements. For all other uses refer to Schedule "B"
Maximum
Building
Height
7.5 m (25 ft.)
No attached structure shall exceed the height of the Main Building.
Building Design
All Manufactured Homes shall be factory built and meet Alberta
Building Code and Alberta Fire Code regulations.
Skirting or any attached structure shall be factory built with
matching exterior finish, or be of durable all-weather construction
and designed in a manner that will enhance the appearance of the
Manufactured Home.
All wheels must be removed and the Manufactured Home placed on
Permanent Foundation or concrete piers in accordance with the
requirements of the Alberta Building Code.
Supplementary Regulations:
All uses must comply with the regulations in Part4. The regulations for all other uses shall
be determined by the Development Authority.
Town of Bentley Land Use Bylaw
96
8.6
Central Commercial District (C1)
General
Purpose:
To provide an area for commercial uses offering a wide variety of
goods and services.
Permitted Uses:
Retail Sales, except Cannabis Retail Sales and Medical Cannabis
Counselling
Commercial Uses and Activities
Drive Through Business
Offices
Personal Services
Public and Quasi-public uses
Public Works Buildings and Structures
Restaurants, except Cannabis Lounges
Sales and service outlets for motor vehicles, trucks and recreational
vehicles
Small-scale repair trades, craftspeople and similar trades, including
retail sales of related products;
Building Demolition
Discretionary
Uses:
Accessory Uses
Secondary Dwelling Units attached to and behind commercial
establishments
Building Demolition
Bus Depots
Cannabis Retail Sales
Commercial recreation and entertainment facilities
Day Care Facility
Drinking Establishment
Mixed Use Developments
Funeral Home
Liquor Store
Parking facilities
Public and Quasi-public Uses
Recycle Depot
Repair Services(no outdoor storage), excluding heavy equipment
Signs
Veterinary Clinic
Any use that is similar, in the opinion of the Development Authority, to
the uses above may apply for a discretionary use development
permit.
Town of Bentley Land Use Bylaw
97
Parcel Development Regulations
Permitted Uses
Section 6.5
Nil
Minimum Side Yard
Nil, or as required in the Alberta Building Code, whichever is
greater
Minimum Rear Yard
Shall provide for parking and loading spaces in accordance
with Section 4.3 - Part 4.
Minimum Floor Area
90 m² (969 ft²) habitable Floor Area of the dwelling above
Grade
Maximum Parcel Coverage
100%
Outdoor Storage and Display
Outdoor storage or display is not permitted
Supplementary Regulations:
1) All uses must comply with the regulations in Part 4. The regulations for all other uses shall
be determined by the Development Authority.
2) Secondary Dwelling Units:
a) Approved dwelling units are permitted as long as the principal use is active;
b) All dwelling units shall have an entrance separate from that of the commercial
establishment;
c) Secondary dwelling units shall be located above or at the rear and attached to
the principal commercial use; and
d) Secondary dwelling units shall have a floor area smaller than or equal to the
floor area in commercial use;
e) The minimum floor area for each dwelling unit shall be 46 m²;
f) One parking site/dwelling unit shall be provided in the rear yard;
g) Secondary dwelling units shall conform to the current Alberta Building Code
Regulations and the Alberta Fire Code Regulations, and have a secondary fire
exit.
Commercial Performance Standards
A commercial activity shall conform to the following standards:
a) The activity must not be detrimental to the health, safety, convenience or
general welfare of persons residing or working in the vicinity or injurious
to property, improvements or potential development in the vicinity.
b) No equipment or process used in the commercial activity shall create
dust, noise, vibration, glare, fumes, odour or air pollution that is
Town of Bentley Land Use Bylaw
98
detectable at or beyond the property lines of the parcel where the
commercial business or activity takes place.
c) There shall be no exterior display or storage of any merchandise or
material relating to the commercial activity.
d) The commercial activity shall be compatible with the surrounding
commercial area and not of a size that provides services or products that
would detrimentally affect the business climate of the Town centre.
Town of Bentley Land Use Bylaw
99
8.7
Light Industrial District (I1)
General
Purpose:
To provide an area for a variety of light and other service related
industrial activities that do not create nuisances beyond their property
boundaries.
Permitted Uses:
Accessory Sales related to manufacturing
Animal Services (no outdoor enclosures, pens, or runs)
Bulk Fuel and Sales Outlets
Repair Services
Contracting Services
Commercial Greenhouse
Equipment Rental
Light Manufacturing
Sales and service outlets for farm equipment
Shipping Containers
Veterinary Hospital
Warehousing
Building Demolition
Discretionary
Uses:
Accessory Uses
Building Demolition
Cannabis Retail Sales
Crematorium
Secondary Dwelling Unit for the Occupancy of the Owner, Operator
or Caretaker
Fabric Covered Engineered Structures
Funeral Home
Mechanized Excavation, Stripping and Grading
Parking facilities for Uses in this District
Public Works Buildings or Structures
Railway Uses
Repair Services and yards
Self-Service Storage
Signs
Solid Waste Transfer Station
Trucking Establishment
Any use that is similar, in the opinion of the Development Authority, to
the uses above may apply for a discretionary use development
permit.
Town of Bentley Land Use Bylaw
100
Parcel Development Regulations
Permitted Uses:
Minimum Front Yard
9 m (29.5 ft.)
Minimum Side Yard
3 m (9.8 ft.) or as required in the Alberta Building Code,
whichever is greater
Minimum Rear Yard
6 m (19.69 ft.)
Minimum Parcel Frontage
15 m (49.21 ft.), except where abutting a highway without a
service road, in which case 30 m (98.43 ft.) shall be required.
Maximum Parcel Coverage
80%
Outdoor Storage and
Display Areas
All outdoor storage and display areas shall be screened.
Landscaped Area
of l The 9m (29.5 ft.) wide strip of land abutting the Front Parcel
Boundary shall be a Landscaped Area. The 3 m (9.8 ft.) wide
strip of land abutting the side Parcel boundary, which is
adjacent to a Street or a Residential District, shall be a
Landscaped Area.
The 6 m (19.7 ft.) wide strip of land abutting the rear Parcel
boundary, which is adjacent to a Residential District, shall be a
Landscaped Area.
All applications for Development Permits shall include details
of landscaping on the site plan for the consideration of the
Development Officer.
Supplementary Regulations:
1) All uses must comply with the regulations in Part 4. The regulations for all
other uses shall be determined by the Development Authority.
2) The regulations for all Discretionary Uses shall be as established in Part 4,
or as determined by the Municipal Planning Commission.
3) Secondary Dwelling Units:
a) Approved dwelling units are permitted as long as the principal use is active;
b) All dwelling units shall have an entrance separate from that of the
commercial establishment;
c) Secondary dwelling units shall be located above or at the rear and attached
to the principal commercial use; and
d) Secondary dwelling units shall have a floor area smaller than or equal to the
floor area in commercial use;
Town of Bentley Land Use Bylaw
101
e) The minimum floor area for each dwelling unit shall be 46 m²;
f) One parking site/dwelling unit shall be provided in the rear yard;
g) Secondary dwelling units shall conform to the current Alberta Building Code
Regulations and the Alberta Fire Code Regulations, and have a secondary fire
exit.
4) Shipping Container regulations are provided in Part 4.
Light Industrial Performance Standards
An Industrial Operation including production, processing, cleaning, testing, repairing,
storage or distribution of any material shall conform to the following standards:
a) Noise - emit no noise of industrial production audible beyond the boundary of
the lot on which the operation takes place;
b) Smoke - no process involving the use of solid fuel is permitted;
c) Dust or ash - no process involving the emission of dust, fly ash or other
particulate matter is permitted;
d) Odour - the emission of any odourous gas or other odourous matter is
prohibited;
e) Toxic gases - the emission of any toxic gases or other toxic substances is
prohibited;
f) Glare or heat - no industrial operation shall be carried out that would produce
glare or heat noticed beyond the property line of the lot;
g) External storage - external storage of goods or material is permitted if kept in a
neat and orderly manner or suitably enclosed by a fence or wall to the
satisfaction of the Municipal Planning Commission. No storage shall be
permitted in the front yard;
h) Industrial wastes - waste which does not conform to the standards established
from time to time by Town Bylaws shall not be discharged into any Town sewers;
and
i) The onus of proving to Council's satisfaction that a proposed development does
and will comply with these requirements rests with the developer.
Town of Bentley Land Use Bylaw
102
8.8
Heavy Industrial District (I2)
General
Purpose:
To provide an area for a variety of manufacturing, warehousing,
transportation-related and other industrial activities, which may, in the
course of normal operations, create nuisance factors apparent beyond
their property boundaries.
Permitted Uses:
All I1 Permitted Uses
Distribution Facility Equipment Rental
Heavy Equipment Assembly, Sales and Service
Heavy Manufacturing
Open Storage Yards
Public Works Buildings and Structures
Repair Services
Shipping Containers
Trucking Establishment
Veterinary Hospitals
Warehousing
Building Demolition
Discretionary
Uses:
Accessory Uses
Auction Markets including Livestock Sales
Auto Salvage Yards
Building Demolition
Cannabis Retail Sales
Commercial Greenhouses
Crematorium
Secondary Dwelling Unit for Occupancy by the Owner, Operator or
Caretaker
Fabric Covered Engineered Structures
Feed Mills and Grain Elevators
Fertilizer Sales and Storage
Funeral Home
Mechanized Excavation, Stripping and Grading
Non-renewable Resource Extraction
Parking facilities for Uses in this District
Railway Uses
Seed Cleaning Plants
Self-Storage Units
Sewage Treatment Facilities
Signs
Solid Waste Transfer Stations
Any use that is similar, in the opinion of the Development Authority, to
Town of Bentley Land Use Bylaw
103
the uses above may apply for a discretionary use development permit.
Parcel Development Regulations
Permitted Uses:
Minimum Front Yard
9 m (29.53 ft.)
Minimum Side Yard
3 m (9.84 ft.) or as required in the Alberta Building Code,
whichever is greater
Minimum Rear Yard
6 m (19.69 ft.)
Minimum Parcel Frontage
15 m (49.21 ft.), except where abutting a highway without a
service road, in which case 30 m (98.43 ft.) shall be required.
Maximum Parcel Coverage
80%
Supplementary Regulations:
1) All uses must comply with the regulations in Part 5. The regulations for all
other uses shall be determined by the Development Authority.
2) The regulations for all Discretionary Uses shall be as established in Part 4,
or as determined by the Municipal Planning Commission.
3) Shipping Container regulations are provided in Part 5.
Heavy Industrial Performance Standards
An Industrial Operation including production, processing, cleaning, testing, repairing,
storage or distribution of any material shall conform to the following standards:
a) Dust or ash - no process involving the emission of dust, fly ash or other
particulate matter is permitted beyond the parcel boundary.
b) Odour - the emission of any odourous gas or other odourous matter is
prohibited;
c) Toxic gases - the emission of any toxic gases or other toxic substances is
prohibited;
d) Glare or heat - no industrial operation shall be carried out that would produce
glare or heat noticed beyond the property line of the lot;
e) External storage - external storage of goods or material is permitted if kept in a
neat and orderly manner or suitably enclosed by a fence or wall to the
satisfaction of the Municipal Planning Commission. No storage shall be
Town of Bentley Land Use Bylaw
104
permitted in the front yard;
f) Industrial wastes - waste which does not conform to the standards established
from time to time by Town Bylaws shall not be discharged into any Town sewers;
and
g) The onus of proving to Council's satisfaction that a proposed development does
and will comply with these requirements rests with the developer.
Town of Bentley Land Use Bylaw
105
8.9
Public Use District (P)
General
Purpose:
To provide an area for the development of publicly and privately owned
cultural, educational, institutional, recreational Uses, and other uses.
Permitted Uses:
Parks and Playgrounds
Public and Quasi-public Uses
Public Works Buildings and Structures
Recreation Facilities
Building Demolition
Discretionary
Uses:
Accessory Uses
Golf course
Building Demolition
Cemeteries (public)
Mechanized Excavation, Stripping and Grading
Parking facilities (public)
Shipping Container
Signs (Public)
Parcel Development Regulations
Permitted Uses:
Minimum Front Yard
9 m (29.53 ft.)
Minimum Side Yard
3 m (9.84 ft.) or as required in the Alberta Building Code,
whichever is greater
Minimum Rear Yard
6 m (19.69 ft.)
Minimum
Parcel
Frontage
15 m (49.21 ft.), except where abutting a highway without a
service road, in which case 30 m (98.43 ft.) shall be required.
Maximum
Parcel
Coverage
80%
Maximum
Building
Height
12m (39.37ft.)
Outdoor Storage and
Display Areas
All outdoor storage and display areas shall be screened.
Town of Bentley Land Use Bylaw
106
Supplementary Regulations:
1) All uses must comply with the regulations in Part 4. The regulations for all
other uses shall be determined by the Development Authority.
8.10 Urban Reserve District (UR)
General
Purpose:
To ensure continued agricultural production and to continue existing
and non-permanent land uses until overall plans for future uses are
prepared and approved by Council.
Permitted Uses:
Accessory building (for permitted use only);
Agricultural building;
Agricultural operations, excluding confined feeding operations,
Municipal and/or Public Services,
Small Wind Energy System,
Beekeeping,
Existing Dwellings and other related improvements;
Home based business Class I (Minor)
Discretionary
Uses:
Accessory building (for discretionary use); Accessory suite,
Recreational equipment storage;
Agri-tourism business; Alternative energy;, commercial Bed and
breakfast
Cemetery; Community facility Crematorium
Dwelling, secondary suite;
Existing Dwelling and future dwelling and other related
improvements on Lots 1 & 2, Block 1, Plan 132-3883
Home based business, major; Kennel; Mechanized excavation,
stripping and grading Outdoor storage
Recreation facilities, outdoor Riding and boarding facility, Solar
collectors
Special event, major; Special event, minor; Tourist home
Wind Turbines
Any other use that is compatible, in the opinion of the
Development Officer, with the permitted or discretionary uses
described above and that will not:
1. Materially alter the Use of the land from that existing on the date
the land was designated to this Land Use District, or
2. Conflict with future urban expansion
Town of Bentley Land Use Bylaw
107
Parcel Development Regulations
The following regulations apply to all Uses:
Minimum Parcel Area
All the land contained in the existing Certificate of Title area,
unless otherwise approved by the Subdivision Authority.
Subdivision
Subdivision of a first parcel out, for an agricultural parcel
subdivision for an intensive or specialized agricultural
operation, for a fragmented parcel subdivision, or to adjust
property lines in anticipated of urban development may be
considered, having regard to any applicable statutory plan
and future use of the parcel and the form of future
subdivision and development.
Setbacks
Setbacks from rights-of-way shall be in accordance with this
Bylaw
Setback from any Property Line adjoining a Lot located in any
other Land Use District in this Bylaw shall be a minimum of
22.86 m (75.00 ft)
Setback from the property boundary in the Urban Reserve
District shall be 7.62 m (25.00 ft)
Supplementary Regulations:
All permitted uses must comply with the regulations in Part 4. The regulations for all other
uses shall be determined by the Development Authority.
Town of Bentley Land Use Bylaw
108
SCHEDULE A
LAND USE MAP
SCHEDULE B
DEVELOPMENT PERMIT APPLICATION FEES
APPLICATION
FEES
Permitted Uses
$75.00 (base fee)
plus $2.00 per $1,000 of development value
Discretionary Uses
$150 (base fee)
plus $2.00 per $1,000 of development value
Home Occupations
$75.00
Development Appeals
$1,000.00
Amendments to Land Use Bylaw
$250.00 (base fee)
plus the cost of advertising
Town of Bentley Land Use Bylaw
110
SCHEDULE C
LAND USE BYLAW ENFORCEMENT
DEFINITIONS
1) Violation Tag - shall mean a tag or similar document used by the Town of Bentley
pursuant to the Municipal Government Act, RSA 2000, cM-26, as amended
2) Violation Ticket - shall mean a ticket issued pursuant to Part II of the Provincial
Offenses Procedures Act, RSA 2000, cP-34 amended , and Regulations there under.
OFFENCES AND FINES
1) A Person who contravenes or fails to comply with any provision of the Land Use Bylaw
is guilty of an offence and is liable upon summary conviction to the fines as specified
in this Schedule "C".
2) A Development Officer or Bylaw Officer who reasonably believes that a person has
contravened any provision of the Land Use Bylaw, may without restricting the
availability of other remedies under this Bylaw or at law, serve upon the person a
violation tag, in the form approved by Council, requiring payments to Town of Bentley
of the specified penalty for the offence as provided in Schedule "A"
3) Where a Development Officer or Bylaw Officer reasonably believes that person has
contravened any provisions of the Land Use Bylaw, the Officer may, in addition to
other remedy at law, serve upon the person a violation ticket, in the form provided
under the Provincial Offences Procedure Act, allowing payment of the specified
penalty for the particular offence as provided in Schedule "A", which may be
amended from time to time by Council Resolution, and the recording of such
payment by the Provincial Court of Alberta shall constitute acceptance of a guilty
plea and the imposition of a fine in the amount of the specified penalty.
4) Where a contravention of the Land Use Bylaw is a continuing contravention, a new
violation ticket may be issue for each day that the contravention continues.
5) Where a person is convicted of a second, third or subsequent offence under a
particular section of the Land Use Bylaw, and where that offence has occurred within
12 months after the date of the occurrence of the first offence under that section of
this Bylaw, the specified penalties applicable upon conviction of such second, third
or subsequent offence shall be the amount specified in Schedule "A".
6) This section shall not prevent a Development Officer or Bylaw Enforcement Officer
from issuing a violation ticket requiring a court appearance of the defendant pursuant
Town of Bentley Land Use Bylaw
111
to the provisions of the Provincial Offenses Procedures Act, or from laying an
information in lieu of issuing a violation ticket.
7) If the amount of fine or penalty levied in accordance with this section, remains
unpaid, after 90 days, the Town of Bentley may transfer that amount to the tax roll in
accordance with section 549 of the Municipal Government Act, RSA 2000, M-26 and
amendments thereto.
CONTRAVENTION OF ANY PROVISON OF THE LAND USE BYLAW
FINES AND PENALTIES
First Offence
$500.00
Second Offence
$750.00
Third Offence
$1,000.00
Development without an approved
development permit
Double the Permit Fee