Village of Boyle Land Use Bylaw 04-23, Schedule A

Boyle, Alberta · No. 04-23 · summary & facts

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Village of Boyle Land Use Bylaw Bylaw 04-23 TABLE OF CONTENTS PART 1: GENERAL 1 SECTION 1.1 TITLE 1 SECTION 1.2 PURPOSE 1 SECTION 1.3 AUTHORITY 1 SECTION 1.4 APPLICABILITY 1 SECTION 1.5 EFFECTIVE DATE 2 SECTION 1.6 COMPLIANCE WITH OTHER LEGISLATURE 2 SECTION 1.7 INTERPRETATION 2 PART 2: ADMINISTRATION AND PROCEDURE 4 SECTION 2.1 DEVELOPMENT AUTHORITY 4 SECTION 2.2 ROLE OF MUNICIPAL PLANNING COMMISSION 4 SECTION 2.3 ROLE OF THE DEVELOPMENT OFFICER 4 SECTION 2.4 VARIANCE POWERS 5 SECTION 2.5 SUBDIVISION AUTHORITY 6 SECTION 2.6 SUBDIVISION AND DEVELOPMENT APPEAL BOARD 6 PART 3: DEVELOPMENT PERMITS 7 SECTION 3.1 DEVELOPMENT REQUIRING A DEVELOPMENT PERMIT 7 SECTION 3.2 NON-CONFORMING BUILDINGS AND USES 7 SECTION 3.3 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT 7 PART 4: DEVELOPMENT PERMIT APPLICATION AND PROCEDURES 10 SECTION 4.1 DEVELOPMENT PERMIT APPLICATION 10 SECTION 4.2 DEVELOPMENT PERMIT APPLICATION COMPLETENESS 12 SECTION 4.3 INTERMUNICIPAL AND OTHER REFERRALS 14 SECTION 4.4 DECISIONS ON DEVELOPMENT PERMITS 14 SECTION 4.5 NOTICE OF APPLICATION 14 SECTION 4.6 NOTICE OF DECISION 15 SECTION 4.7 PERMITTED USE APPLICATIONS 15 SECTION 4.8 DISCRETIONARY USE APPLICATIONS 16 SECTION 4.9 SIMILAR USE 16 SECTION 4.10 VALIDITY OF A DEVELOPMENT PERMIT 16 SECTION 4.11 CONDITIONS OF DEVELOPMENT PERMIT 17 SECTION 4.12 RELEASE OF DEVELOPMENT PERMIT 18 SECTION 4.13 APPEALS PROCEDURE 18 SECTION 4.14 REPEAT APPLICATIONS 19 SECTION 4.15 CHANGES TO AN APPROVED DEVELOPMENT PERMIT 19 SECTION 4.16 REVOKING OR SUSPENDING A DEVELOPMENT PERMIT 20 PART 5: SUBDIVISION APPLICATION AND PROCEDURES 21 SECTION 5.1 SUBDIVISION APPLICATION REQUIREMENTS 21 SECTION 5.2 SUBDIVISION APPLICATION COMPLETENESS 21 SECTION 5.3 CIRCULATION AND REFERRALS 22 SECTION 5.4 DECISIONS ON SUBDIVISION 22 SECTION 5.5 NOTICE OF DECISION 23 SECTION 5.6 SUBDIVISION APPEALS 23 SECTION 5.7 SUBDIVISION TIME EXTENSION 23 SECTION 5.8 REVOKING OR SUSPENDING SUBDIVISION 23 PART 6: DEVELOPMENT REQUIREMENTS APPLICABLE TO ALL DISTRICTS 24 SECTION 6.1 CORNER PARCEL 24 SECTION 6.2 DEMOLITION AND REMOVAL OF BUILDINGS 24 SECTION 6.3 FENCES 25 SECTION 6.4 LANDSCAPING 25 SECTION 6.5 MIXED USE BUILDINGS 26 SECTION 6.6 MODULAR CONSTRUCTION 26 SECTION 6.7 MULTI-BUILDING DEVELOPMENT 26 SECTION 6.8 DRIVEWAYS AND ACCESSES 27 SECTION 6.9 PARKING AREAS, PARKING STALLS AND LOADING STALLS 27 SECTION 6.10 PROJECTIONS 33 SECTION 6.11 RAISING OF LIVESTOCK 33 SECTION 6.12 RELOCATION OF BUILDINGS AND STRUCTURES 33 SECTION 6.13 SCREENING AND BUFFERING 34 SECTION 6.14 SERVICING REQUIREMENTS 34 SECTION 6.15 WASTE CONTAINERS 34 PART 7: USE SPECIFIC REGULATIONS 35 SECTION 7.1 GENERAL REGULATIONS APPLICABLE TO ALL USES 35 SECTION 7.2 ACCESSORY BUILDING 35 SECTION 7.3 APARTMENT 36 SECTION 7.4 BED AND BREAKFAST 36 SECTION 7.5 DAY HOME 37 SECTION 7.6 HOME OCCUPATION 37 SECTION 7.7 MANUFACTURED DWELLING 38 SECTION 7.8 SECONDARY SUITE AND BACKYARD SUITE 38 SECTION 7.9 ABATTOIR 39 SECTION 7.10 BREWERY, WINERY OR DISTILLERY 39 SECTION 7.11 CANNABIS STORE 39 SECTION 7.12 CANNABIS GROW OPERATION 40 SECTION 7.13 CAR WASH 40 SECTION 7.14 DRIVE-THROUGH EATING AND DRINKING ESTABLISHMENT 41 SECTION 7.15 LIQUOR STORE 41 SECTION 7.16 OUTDOOR STORAGE 41 SECTION 7.17 SERVICE STATION AND BULK FUEL SALES 41 PART 8: LAND USE DISTRICTS 42 SECTION 8.1 LAND USE DISTRICTS 42 SECTION 8.2 R1 - LOW-DENSITY RESIDENTIAL DISTRICT 43 SECTION 8.3 R2 - RESIDENTIAL DISTRICT 45 SECTION 8.4 RM - RESIDENTIAL MODIFIED DISTRICT 47 SECTION 8.5 RMHP - RESIDENTIAL MANUFACTURED HOME PARK DISTRICT 49 SECTION 8.6 RE - RESIDENTIAL ESTATE DISTRICT 51 SECTION 8.7 C1 - COMMERCIAL DISTRICT 52 SECTION 8.8 DTC - DOWNTOWN CORE DISTRICT 54 SECTION 8.9 IND - INDUSTRIAL DISTRICT 57 SECTION 8.10 I - INSTITUTIONAL DISTRICT 59 SECTION 8.11 UR - URBAN RESERVE DISTRICT 60 PART 9: SIGNS 61 SECTION 9.1 SIGNS NOT REQUIRING A DEVELOPMENT PERMIT 61 SECTION 9.2 APPLICATION FOR SIGNS 62 SECTION 9.3 GENERAL SIGN PROVISIONS 62 SECTION 9.4 FASCIA SIGN 63 SECTION 9.5 FREESTANDING SIGN 64 SECTION 9.6 MARQUEE OR CANOPY SIGN 64 SECTION 9.7 MURAL SIGN 65 SECTION 9.8 MONUMENT SIGN 65 SECTION 9.9 PORTABLE SIGN 65 SECTION 9.10 PROJECTING SIGN 66 SECTION 9.11 WINDOW SIGN 66 PART 10: COMPLIANCE AND ENFORCEMENT 67 SECTION 10.1 GENERAL PROVISIONS 67 SECTION 10.2 RIGHT OF ENTRY 67 SECTION 10.3 OFFENCES 68 SECTION 10.4 VIOLATION TICIKETS 68 PART 11: BYLAW AMENDMENT 69 SECTION 11.1 INITIATING AN AMENDMENT 69 SECTION 11.2 APPLICATION FOR AN AMENDMENT 69 SECTION 11.3 PROCESSING A BYLAW AMENDMENT 70 PART 12: DEFINITIONS 72 APPENDICES Appendix A Land Use Maps Village of Boyle Land Use Bylaw General | 1 PART 1: GENERAL SECTION 1.1 TITLE 1.1.1 This Bylaw is titled the Village of Boyle Land Use Bylaw and is referenced as "Bylaw" in the text herein. SECTION 1.2 PURPOSE 1.2.1 The purpose of this Bylaw is to regulate and control the use and development of land and buildings within the Village of Boyle. 1.2.2 This Bylaw is consistent with the Village of Boyle Municipal Development Plan. 1.2.3 This Bylaw: a. Establishes the Development Authority; b. Divides the Village into districts and the purpose for each district; c. Outlines permitted and discretionary uses for each district; d. Prescribes the regulations by which land and buildings may be developed and/or used; e. Establishes the method of making decisions on applications for development and subdivision; f. Establishes the manner that the notice of decision on development permit applications or subdivision is given; g. Establishes the method of appealing decisions of the Development Authority and Subdivision Authority; and h. Describes the procedure by which amendments can be made to this Bylaw. SECTION 1.3 AUTHORITY 1.3.1 The Village of Boyle, hereby known as "the Village", is authorized under the MGA, as amended, to adopt this Bylaw. 1.3.2 All development within the Village must conform to the regulations of this Bylaw. SECTION 1.4 APPLICABILITY 1.4.1 This Bylaw shall apply to all lands contained within the Village municipal boundary. Village of Boyle Land Use Bylaw General | 2 1.4.2 Applications for development and subdivision approval received before the date this Bylaw came into effect shall be processed in accordance with the Village of Boyle Land Use Bylaw 2002. SECTION 1.5 EFFECTIVE DATE 1.5.1 This Bylaw shall come into effect upon third and final reading. SECTION 1.6 COMPLIANCE WITH OTHER LEGISLATURE 1.6.1 Any applicant applying for, or in possession of a development permit or subdivision approval is not exempt from complying with, or carrying out development in accordance with: a. Municipal Government Act, RSA 2000 c.M-26, as amended; b. Alberta Safety Codes Act, RSA 2000, and related regulations; c. municipal Statutory Plans and Intermunicipal Agreements; d. municipal Bylaws; e. the conditions of any caveat, covenant, easement, or other instrument affecting a building or land; or f. the requirements of any other federal, provincial or municipal legislation, regulation, or Act. 1.6.2 In exercising its authority under this Bylaw, the Development Authority shall comply with all federal, provincial or municipal legislation, regulation, or Act. 1.6.3 In the case of any conflict between the provisions of this Bylaw and any other municipal Bylaw or regulation, this Bylaw shall govern. SECTION 1.7 INTERPRETATION 1.7.1 For the purpose of this Bylaw: a. "shall", "will" and "must" require mandatory compliance except where a variance has been granted pursuant to this Bylaw; b. "should" is not mandatory but is expected to be followed, but allows for alternative actions to be taken, or if the action is unreasonable or unable to be followed; and c. "may" is interpreted as optional. 1.7.2 Where a regulation involves two or more conditions, connected by a conjunction, the following shall apply: Village of Boyle Land Use Bylaw General | 3 a. "and" means all the connected items shall apply in combination; and b. "or" means that the connected items may apply singly or in combination. 1.7.3 Words, phrases, and terms not defined in this Land Use Bylaw may be given their definition in the MGA, Subdivision and Development Regulation or the Alberta Building Code. Other words shall be given their usual and customary meaning. 1.7.4 Words used in the singular shall also mean the plural and vice versa. 1.7.5 Words that are capitalized and bold denote uses defined in Part 12. 1.7.6 Words that are italicized and bold denote terms defined in Part 12. 1.7.7 In the case of any conflict between the text of this Bylaw and any diagram or map used to illustrate any aspect of this Bylaw, the text shall govern. 1.7.8 The standard measurement used within this Bylaw is metric. Any reference to imperial measurement is approximate and for convenience only. In the case of any discrepancy between the metric and imperial measurement, the metric measurement shall prevail. Village of Boyle Land Use Bylaw Administration and Procedure | 4 PART 2: ADMINISTRATION AND PROCEDURE SECTION 2.1 DEVELOPMENT AUTHORITY 2.1.1 The Development Authority is established herein pursuant to the MGA and is a person who is authorized to exercise development powers and duties on behalf of the Village. The Development Authority shall be: a. the Development Officer of the Village, and/or b. the Municipal Planning Commission. 2.1.2 The Development Officer shall be the Chief Administrative Officer for the Village of Boyle and any other person appointed by Council. 2.1.3 If the decision on a development permit application is to be made by the Development Officer, the term Development Authority shall refer to the Development Officer. 2.1.4 If the decision on a development permit application is to be made by the Municipal Planning Commission, the term Development Authority shall refer to the Municipal Planning Commission. 2.1.5 The Development Authority must consider the Village's statutory plans and Bylaws, and comply with such plans where applicable when considering a development permit application. SECTION 2.2 ROLE OF MUNICIPAL PLANNING COMMISSION 2.2.1 The Municipal Planning Commission is hereby given the authority to receive, consider, and render decisions on development permit applications referred to it by the Development Officer. SECTION 2.3 ROLE OF THE DEVELOPMENT OFFICER 2.3.1 The Development Officer is authorized to act as Development Authority in matters prescribed in this Bylaw. 2.3.2 The Development Officer shall: a. keep and maintain for the inspection by the public, a copy of this Bylaw and all amendments thereto; b. keep a register of all development permit applications, and the decisions in relation to those applications; Village of Boyle Land Use Bylaw Administration and Procedure | 5 c. review applications for development permits, and establish conditions specific to each development permit approval, for uses in a district that comply with the regulations for that district; d. provide reasons for those development permit applications for which the Development Officer renders a decision to refuse an application; e. refer to the Municipal Planning Commission, with recommendations, a development permit for a discretionary use; f. refer to the Municipal Planning Commission, with recommendations, a development permit requesting a variance in excess of the Development Officer's authority for consideration and decision; g. refer to the Municipal Planning Commission, at the Development Officer's discretion, any development permit application which in their opinion should be decided by the Municipal Planning Commission; h. refer an application for development permit, at the Development Officer's discretion, to any municipal, provincial, and federal department or other agency for comment; and i. provide a notice of decision on a development permit application in accordance with this Bylaw. SECTION 2.4 VARIANCE POWERS 2.4.1 In considering a development permit application, the Development Officer may grant a variance of up to 10% in residential districts for residential uses (any use that comprises a dwelling unit, not including a mixed-use building) where the variance is requested for: a. maximum building height; b. minimum front yard setback; c. minimum rear yard setback; d. minimum side yard setback; e. minimum landscaping; f. maximum parcel coverage; or g. minimum parking stall requirements. Village of Boyle Land Use Bylaw Administration and Procedure | 6 2.4.2 Notwithstanding Subsection 2.4.1, the variance powers of the Development Officer shall be limited to one variance per development permit application. Applications with multiple variances must be considered by the Municipal Planning Commission. 2.4.3 The Development Officer or Municipal Planning Commission may approve a variance where in the opinion of the Development Authority, the proposed development: a. would not unduly interfere with the amenities of the neighbourhood, b. materially interfere with or affect the use, enjoyment, or value of neighbouring parcels; and c. conforms with a use prescribed for the parcel by this Bylaw. 2.4.4 The Municipal Planning Commission is not restricted by the variance limitations described in Subsection 2.4.1 or 2.4.2. 2.4.5 In reviewing a development permit application for a variance or a discretionary use, the Development Authority shall have regard to: a. the purpose and intent of the applicable district; b. any Bylaws or statutory plan adopted by the Village; c. the purpose and intent of any other plan and pertinent policy adopted by the Village, and d. the circumstances and merits of the development permit application, including constraints of the site. 2.4.6 If a variance is granted, the Development Authority shall specify the nature and details of the variance in the development permit. SECTION 2.5 SUBDIVISION AUTHORITY 2.5.1 The Subdivision Authority shall be as established by the Subdivision Authority Bylaw and will act on behalf of Council in those matters delegated to it by this Bylaw and the Subdivision Authority Bylaw. SECTION 2.6 SUBDIVISION AND DEVELOPMENT APPEAL BOARD 2.6.1 The powers, duties and responsibilities of the Subdivision and Development Appeal Board are established in the Subdivision and Development Appeal Board Bylaw. Village of Boyle Land Use Bylaw Development Permits | 7 PART 3: DEVELOPMENT PERMITS SECTION 3.1 DEVELOPMENT REQUIRING A DEVELOPMENT PERMIT 3.1.1 Unless expressly stated otherwise in this Bylaw, the approval of a development permit application and release of a development permit must be obtained before development can commence. 3.1.2 Except as provided in this Bylaw, no person shall undertake any development unless: a. a development permit has been approved and released pursuant to this Bylaw; and b. the development proceeds in accordance with the terms and conditions of the development permit; or c. the development is exempted from the requirement for a development permit in accordance with SECTION 3.3 and is otherwise in conformance with this Bylaw. SECTION 3.2 NON-CONFORMING BUILDINGS AND USES 3.2.1 The regulation of non-conforming buildings and non-conforming uses shall be in accordance with the MGA. SECTION 3.3 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT 3.3.1 The following developments shall not require a development permit provided that the development otherwise complies with the provisions of this Bylaw, does not require a variance and meets the following qualifications for exception, or is exempted by provincial or federal legislation: Development Qualifications for Exception to Development Permit a) Accessory Building  Provided the gross floor area is less than 10.0 m² in area; and  the building complies with the setback requirements for the district in which they are located. b) Aerodrome  Provided the use directly relates to the function of the Aerodrome and is regulated by the Aeronautics Act, RSC 1985 c.A-2. Village of Boyle Land Use Bylaw Development Permits | 8 Development Qualifications for Exception to Development Permit c) Completion of a Building which was lawfully under construction at the date of the adoption of this Bylaw  Provided the building is constructed and completed in accordance with the terms of any permit granted;  Provided the use of any such buildings is for the purpose for which construction was commenced; and  Meets the conditions of that permit. d) Change of use of a building or structure, other than a non- conforming use or non- conforming building  Provided that the requirements of any development permit for the existing building are fulfilled; and  The proposed change of use is from a permitted use or discretionary use to a permitted use in the district. e) Deck, Patio, Balcony  Provided the height of the structure is less than 0.6m from grade;  Is unenclosed; and  Is entirely located on private property. f) Demolition or removal of a building  Provided that the gross floor area of the building is less than 10.0m² g) Excavation, soil importing, soil removal, or stockpiling  Provided the development is associated with development with an approved development permit or Subdivision Servicing Agreement. h) Fences, Gates or Walls  Provided fences, gates or walls are: o Less than 1.0 m in height from grade in front yards; and o Less than 1.85 m in height from grade in side and rear yards. i) Home Office  Provided the use does not fall within the definition of a Home Occupation. j) Landscaping  Provided the use is entirely on private property; and  Does not alter the existing grade or natural surface drainage patterns. k) Maintenance, Renovation and Repair  Provided that such works do not include structural alterations; and  Do not change the use or intensity of the use. Village of Boyle Land Use Bylaw Development Permits | 9 Development Qualifications for Exception to Development Permit l) Public works, services, and Utilities  Provided the development is for the construction, alteration, maintenance, or repair of a public roadway, pathway or trail; or  Where development is carried out by or on behalf of federal, provincial, or municipal public authorities. m) Sign  Where described as exempt in SECTION 9.1. n) Urban Agriculture  Provided the development is not for commercial purposes; and  Provided there are no permanent buildings or structures associated with urban agriculture. Village of Boyle Land Use Bylaw Development Permit Application | 10 PART 4: DEVELOPMENT PERMIT APPLICATION AND PROCEDURES SECTION 4.1 DEVELOPMENT PERMIT APPLICATION 4.1.1 An application for a development permit shall be made to the Development Authority in writing in the form prescribed by the Development Authority. 4.1.2 An application for a development permit shall include: a. a completed application form signed by the registered owner of the subject property, and the applicant or the applicant's agent(s); b. an application fee; c. a current copy of the Certificate of Title(s) (within 30 days of the application submission date); and d. current copies of any restrictive covenants, caveats or easements registered on the Certificate of Title (within 30 days of the application submission date). 4.1.3 At the discretion of the Development Authority, an application for a development permit may also require: Village of Boyle Land Use Bylaw Development Permit Application | 11 a. a site plan demonstrating the following elements: i. Scale of 1:200 scale or other standard metric scales; ii. Legal description and municipal address; iii. North arrow; iv. Property lines and dimensions; v. Setbacks and dimensions for front, side and rear yards; vi. Layout and dimensions for existing accesses and parking area, with existing and proposed accesses abutting roads and lanes, labelled; vii. Landscaped areas; viii. Where applicable, other clearly marked site features including but not limited to: i. proposed parking and loading facilities; ii. drive aisles; iii. fences/retaining walls; iv. storage areas; v. waste and recycling facilities; vi. septic tanks; vii. sign locations; and viii. culverts and crossings. b. a landscaping plan including but not limited to: i. Percentage of parcel area composed of landscaping; ii. Location and number of trees and shrubs; and iii. Proposed tree and shrub species. c. a description of proposed uses relating to the development; d. building floor plan including: i. Proposed uses; ii. Total gross floor area; and iii. Building dimensions. e. elevation drawings showing height and including details of finishing materials, colours and proposed signage; and Village of Boyle Land Use Bylaw Development Permit Application | 12 f. photographs of the site's current condition. 4.1.4 The Development Authority may require additional information to review and properly evaluate a proposed development including but not limited to: a. Copies of any provincial, or federal approvals, licenses or permits; b. Biophysical Assessment; c. Construction Fire Safety Plan; d. Environmental Impact Assessment; e. Grading Plan; f. Lighting Plan; g. Noise Attenuation Study; h. Parking Study; i. Plot Plan (prepared by an Alberta Land Surveyor); j. Remediation Plan; k. Risk Assessment; l. Site Servicing plan; m. Traffic Impact Assessment; and/or n. Any other information deemed necessary by the Development Authority. 4.1.5 Technical studies, plans, or assessments requested by the Development Authority must be prepared by registered professionals qualified in their respective fields and shall include certification by the professional who prepared the document. SECTION 4.2 DEVELOPMENT PERMIT APPLICATION COMPLETENESS 4.2.1 An application for a development permit shall not be considered complete until such time as the requirements of SECTION 4.1 have been met to the satisfaction of the Development Authority. 4.2.2 The sufficiency and quality of information and documentation for requirements for a development permit application in SECTION 4.1 shall be at the discretion of the Development Authority. 4.2.3 In reviewing a development permit application for completeness, the Development Authority may: Village of Boyle Land Use Bylaw Development Permit Application | 13 a. determine the application complete, or b. deem the application incomplete until all details have been submitted. 4.2.4 The Development Authority shall determine whether the application is complete within 20 days after the receipt of an application for a development permit. 4.2.5 The Development Authority and applicant, through an agreement in writing, may extend the timeframe for the Development Authority to determine whether the development permit application is complete as per Subsection 4.2.4. 4.2.6 If deemed complete, the Development Authority must issue to the applicant a Notice of Completeness of a development permit application in writing by regular mail or electronic mail acknowledging that the application is complete. 4.2.7 The Notice of Completeness shall specify: a. the date on which the application was deemed complete; b. the type of development; c. the legal land description; and d. the applicant's name. 4.2.8 If deemed incomplete, the Development Authority must issue to the applicant a Notice of Incompleteness of a development permit in writing by regular mail or electronic mail within the time period identified in Subsection 4.2.4. 4.2.9 The Notice of Incompleteness for a development permit shall: a. specify the reasons why the application has been determined incomplete; and b. set date by which all outstanding information and documents must be submitted. 4.2.10If the applicant fails to submit all the outstanding information and documents of an incomplete development permit on or before the date established through the Notice of Incompleteness in Subsection 4.2.8, the Development Authority may: a. through an agreement in writing, extend the timeframe to receive the outstanding information and documents required to deem the application is complete; or b. refuse the application for incompleteness. Village of Boyle Land Use Bylaw Development Permit Application | 14 4.2.11If the Development Authority fails to issue a Notice of Completeness or a Notice of Incompleteness to the Applicant within 20 days after the receipt of an application, the development permit application is deemed to be complete. 4.2.12Despite issuing a Notice of Completeness, or where an application is deemed to be complete, the Development Authority may at any time request additional information or documentation that they consider necessary to review the development permit application. SECTION 4.3 INTERMUNICIPAL AND OTHER REFERRALS 4.3.1 Development permit applications that meet the requirements for referral under the Village of Boyle Municipal Development Plan or other municipal Statutory Plans shall be referred, once deemed complete, to the Athabasca County Chief Administrative Officer, or designated authority. 4.3.2 The Development Authority shall give consideration to any recommendations or comments received from Athabasca County in making a decision on a development permit application. 4.3.3 The Development Authority may refer a Development Permit application to any Village department, municipal, provincial, federal department or any other agency or body. SECTION 4.4 DECISIONS ON DEVELOPMENT PERMITS 4.4.1 The Development Authority must make a decision on an application for a development permit within 40 days after the application has been deemed complete. 4.4.2 The Development Authority and applicant, through an agreement in writing, may extend the timeframe to issue a decision on a development permit. 4.4.3 If the Development Authority does not issue a Notice of Decision within 40 days following the submission of a development permit, and no extension has been agreed to with the applicant, the applicant may deem the application to be refused. SECTION 4.5 NOTICE OF APPLICATION 4.5.1 Prior to making a decision on an application for a development permit for a discretionary use or variance application, the Development Authority shall provide a Notice of Application by: a. letter, mailed to adjacent landowners; and Village of Boyle Land Use Bylaw Development Permit Application | 15 b. posting a notice on the property where the development is proposed, in the form of temporary signage. 4.5.2 The Notice of Application for a development permit shall describe: a. the proposed use; b. legal description and municipal address; c. if the use is a permitted use or discretionary use; d. if the development requests a variance, the variance requested; e. methods to provide feedback; and f. a deadline for feedback to be submitted for consideration. SECTION 4.6 NOTICE OF DECISION 4.6.1 Following a decision on a development permit, the Development Authority shall issue a Notice of Decision to the applicant in writing and include: a. the decision made by the Development Authority; b. the date on which the decision was made; c. the applicable appeal body; d. the deadline for appeal; and e. any conditions. 4.6.2 When an application for a development permit is refused, the Development Authority shall include in the Notice of Decision the reasons for refusal. 4.6.3 The Development Authority shall mail copies of a Notice of Decision for an approved development permit for a discretionary use or an approved development permit with a variance to adjacent landowners. 4.6.4 The Development Authority may advertise a Notice of Decision in the local newspaper and/or on the Village website. SECTION 4.7 PERMITTED USE APPLICATIONS 4.7.1 The Development Authority must approve a development permit application for a permitted use that conforms to the provisions of this Bylaw, with or without conditions as provided for in this Bylaw. 4.7.2 If a development permit application for a permitted use does not conform to all provisions of this Bylaw, the Development Authority may: Village of Boyle Land Use Bylaw Development Permit Application | 16 a. grant a variance to approve the application, with or without conditions; b. require that the use or building conform to the provisions of this Bylaw; or c. refuse the application. SECTION 4.8 DISCRETIONARY USE APPLICATIONS 4.8.1 In issuing a decision for a development permit for a discretionary use, the Development Authority may: a. approve the application, with or without conditions; or b. refuse the application stating reasons. 4.8.2 If a development permit application for a discretionary use does not conform to all provisions of this Bylaw, the Development Authority may: a. grant a variance to approve the application with or without conditions; b. require that the use or building conform to the provisions of this Bylaw; or c. refuse the application. SECTION 4.9 SIMILAR USE 4.9.1 In situations where an application for development does not align with any of the uses described in this Bylaw for the applicable district, the Development Authority may determine that the use is similar to another use defined in this Bylaw. 4.9.2 Similar uses shall only be allowed in a district where the proposed use is similar to a listed permitted use or discretionary use in that district. 4.9.3 Similar uses shall be subject to the same regulations as the use they are similar to. 4.9.4 Where a use has been interpreted as similar to a discretionary use the Development Officer shall: a. refer the application to the Municipal Planning Commission; and b. notify adjacent landowners subject to SECTION 4.5. SECTION 4.10 VALIDITY OF A DEVELOPMENT PERMIT 4.10.1An approved development permit shall be required to commence construction within one year of the date of approval. Village of Boyle Land Use Bylaw Development Permit Application | 17 4.10.2Where construction has not commenced within one year from the date of approval, the development permit shall be considered to have lapsed, unless the applicant has been granted an extension by the Development Authority in writing. 4.10.3Unless stated otherwise in the Notice of Decision, conditions associated with an approved development permit shall be required to be completed within 1 year of a decision. 4.10.4Unless stated otherwise in the Notice of Decision, in situations where conditions are not met within one year of decision, the development permit shall be considered to have lapsed, unless the applicant has been granted an extension in writing by the Development Authority. 4.10.5An approved development must be completed to the satisfaction of the Development Authority within two years following the commencement of construction unless the applicant is granted a time extension in writing by the Development Authority. 4.10.6Notwithstanding Subsection 4.10.5, the Development Authority may grant an extension to the time to complete an approved development for up to a maximum of one year. 4.10.7If construction has been discontinued for a period of one year, the development permit shall be considered to have lapsed. SECTION 4.11 CONDITIONS OF DEVELOPMENT PERMIT 4.11.1The Development Authority may approve a development permit with conditions: a. to uphold the intent and objectives of the Municipal Development Plan and any other statutory plans under preparation or adopted by the Village; b. to conform to the applicable provisions of this Bylaw; c. to require securities that ensure the performance of conditions imposed on the development permit by this Bylaw; d. The Development Authority, in imposing conditions on a development permit may: i. For a permitted use, impose conditions only to ensure compliance with this Bylaw, or ii. For a permitted use with a variance or a discretionary use with or without a variance, impose conditions as deemed appropriate, so long as they serve a legitimate planning objective Village of Boyle Land Use Bylaw Development Permit Application | 18 and do not sub-delegate the Development Authority's discretionary powers; and e. any other conditions the Development Authority may deem necessary. 4.11.2As a condition of development permit approval, the Development Authority may require that the applicant enter into a Development Agreement with the Village to construct or pay for any of the following: a. the installation of utilities that are needed to serve the development b. the construction of a roadway required to access the development; c. any offsite levy; d. any new road furniture, curbing, sidewalk or landscaping which may be damaged or destroyed by the development or building operations; and e. the reparation or reinstatement of original or improved conditions of any existing public road furniture, curbing, sidewalk or landscaping which may be damaged or destroyed by the development or building operations; f. securities to ensure that the Development Agreement has been carried out; g. the completion of reports and studies; and h. any other matters the Development Authority considers appropriate. 4.11.3The Village may register a caveat against the property being developed to ensure compliance with the Development Agreement, which shall be discharged when the Development Agreement has been complied with. SECTION 4.12 RELEASE OF DEVELOPMENT PERMIT 4.12.1To allow adequate time for appeals, the Development Authority shall not release a development permit until 21 days after issuance of the Notice of Decision. 4.12.2If no appeal is received within 21 days, the Development Authority shall release the development permit. SECTION 4.13 APPEALS PROCEDURE 4.13.1If an appeal is received within 21 days after issuance of the Notice of Decision, the Development Authority shall not release the development Village of Boyle Land Use Bylaw Development Permit Application | 19 permit until a decision is made by the Subdivision and Development Appeal Board or the Land and Property Rights Tribunal. 4.13.2The development permit appeal process shall be in accordance with the MGA, and the Subdivision and Development Appeal Board Bylaw, as amended, or the Land and Property Rights Tribunal Act, as applicable. SECTION 4.14 REPEAT APPLICATIONS 4.14.1Where a development permit has been refused by the Development Authority or the Subdivision and Development Appeal Board or the Land and Property Rights Tribunal, the submission of another application for a development permit on the same parcel of land for the same use will not be accepted by the Development Authority for up to 6 months after the date of refusal. 4.14.2Notwithstanding SECTION 4.15.1, at the discretion of the Development Authority, an application for a development permit may be accepted within 6 months of the date of refusal. 4.14.3If a development permit decision is under appeal the submission of another application for the same use or similar use or development on the same parcel shall not be accepted. SECTION 4.15 CHANGES TO AN APPROVED DEVELOPMENT PERMIT 4.15.1Where an amendment to an approved development permit is required as a result of a change in the proposed development, the person in whose name the development permit was issued may request an amendment to the approved development permit. 4.15.2Applications for amendments to an approved development permit may require updated or new submissions, as described in SECTION 4.1, at the discretion of the Development Authority and updated or new notice of the application to be provided, as described in SECTION 4.3. 4.15.3In considering proposed amendments to an approved development permit, the Development Authority: a. shall require amendments to comply with the requirements of the current Bylaw, unless a variance is granted by the Development Authority in accordance with the Bylaw; and b. may amend existing variances or conditions. Village of Boyle Land Use Bylaw Development Permit Application | 20 SECTION 4.16 REVOKING OR SUSPENDING A DEVELOPMENT PERMIT 4.16.1The Development Authority may cancel, suspend, or modify a development permit by written notice to the holder of the development permit when, after a development permit has been issued, the Development Authority becomes aware of one of the following circumstances: a. the development permit application contained a misrepresentation; b. facts concerning the development permit application or the development were not disclosed which should have been disclosed at the time the application was considered; c. the development permit was issued in error; or d. the owner requests cancellation of the development permit in writing. 4.16.2A person whose development permit is cancelled, suspended, or modified may appeal to the Subdivision and Development Appeal Board or the Land and Property Rights Tribunal in accordance with the MGA. Village of Boyle Land Use Bylaw Subdivision Application | 21 PART 5: SUBDIVISION APPLICATION AND PROCEDURES SECTION 5.1 SUBDIVISION APPLICATION REQUIREMENTS 5.1.1 An application proposing to subdivide land shall be in accordance with the MGA and the Matters Related to Subdivision and Development Regulation, as amended. SECTION 5.2 SUBDIVISION APPLICATION COMPLETENESS 5.2.1 The Subdivision Authority must determine if the subdivision application is complete within 20 days of the receipt of an application for subdivision. 5.2.2 After reviewing a subdivision application for completeness, the Subdivision Authority shall: a. determine the application is complete and provide Notice of Completeness to the applicant; or b. deem the application incomplete and provide a Notice of Incompleteness to the applicant. 5.2.3 A subdivision application is considered complete if: a. in the opinion of the Subdivision Authority, the application contains all information necessary to review the application; or b. the Subdivision Authority fails to issue a Notice of Completeness or a Notice of Incompleteness to the applicant within 20 days after the receipt of an application. 5.2.4 The Subdivision Authority and applicant, through an agreement in writing, may extend the timeframe to deem a subdivision application complete. 5.2.5 If a subdivision application is deemed complete, the Subdivision Authority must issue the applicant a Notice of Completeness, in writing by regular mail or electronic mail, acknowledging the application is complete. 5.2.6 The Notice of Completeness shall: a. specify the date of which the application was deemed complete; b. the type of development; c. the legal land description; and d. the applicant's name. Village of Boyle Land Use Bylaw Subdivision Application | 22 5.2.7 Despite issuing a Notice of Completeness, or where a subdivision application is deemed to be complete, the Subdivision Authority may request additional information or documentation that they consider necessary to review the application. 5.2.8 If a subdivision application is deemed incomplete, the Subdivision Authority must issue to the applicant a Notice of Incompleteness, in writing by regular mail or electronic mail. 5.2.9 The Notice of Incompleteness for a subdivision application shall: a. specify the reasons why the application has been determined incomplete, and b. set a date by which all outstanding information and documents must be submitted. 5.2.10If the applicant fails to submit all outstanding information and documents of an incomplete subdivision application on or before the date established through the Notice of Incompleteness in Subsection 5.2.10, the Subdivision Authority may: a. through an agreement in writing, extend the timeframe to receive the outstanding information and documents required to deem the application complete; or b. refuse the application for incompleteness. SECTION 5.3 CIRCULATION AND REFERRALS 5.3.1 Upon deeming an application complete the Subdivision Authority must issue a notice of the subdivision application in accordance with MGA. 5.3.2 A subdivision application that meets the requirements for referral under the Village of Boyle Municipal Development Plan or other municipal Statutory Plans shall be referred, once deemed complete, to the Athabasca County Chief Administrative Officer, or designated authority. 5.3.3 The Subdivision Authority shall give consideration to any recommendations or comments received from Athabasca County in making a decision on the subdivision application. SECTION 5.4 DECISIONS ON SUBDIVISION 5.4.1 The Subdivision Authority must make a decision on an application for subdivision in accordance with the MGA. Village of Boyle Land Use Bylaw Subdivision Application | 23 SECTION 5.5 NOTICE OF DECISION 5.5.1 Notice of Decision on a subdivision application shall be given in accordance with the MGA. 5.5.2 The applicant shall meet the conditions identified in the Notice of Decision for the subdivision application within one year, or the application is considered to have lapsed except for those of a continuing nature. 5.5.3 The Notice of Decision for a subdivision application shall be provided to the applicant in a written form prescribed by the Village. 5.5.4 If the Subdivision Authority refuses a subdivision application, the Subdivision Authority shall provide a Notice of Decision stating the reasons for refusal. SECTION 5.6 SUBDIVISION APPEALS 5.6.1 The subdivision appeal process shall be in accordance with the MGA and the Subdivision and Development Appeal Board Bylaw, as amended, and Land and Property Right Tribunal Act, as amended, as applicable. SECTION 5.7 SUBDIVISION TIME EXTENSION 5.7.1 Notwithstanding Subsection 5.5.2, if the subdivision conditions cannot be met the Subdivision Authority may grant an extension to allow subdivision conditions to be met. SECTION 5.8 REVOKING OR SUSPENDING SUBDIVISION 5.8.1 If it is determined prior to registration of the Plan of Survey that a subdivision approval has been granted on the basis of incorrect information contained in the application, such approval may be revoked or suspended by the Subdivision Authority. Village of Boyle Land Use Bylaw Development Requirements | 24 PART 6: DEVELOPMENT REQUIREMENTS APPLICABLE TO ALL DISTRICTS SECTION 6.1 CORNER PARCEL 6.1.1 Corner parcels shall maintain a minimum sight triangle of 3.0 m in length from each road frontage. 6.1.2 No fence, wall, tree, bush, sign, or structure erected, placed, or maintained shall exceed 1.0 m in height within the sight triangle of a corner parcel. SECTION 6.2 DEMOLITION AND REMOVAL OF BUILDINGS 6.2.1 A development permit shall be required for the demolition or removal of any building or structure with a gross floor area greater than 10.0 m². 6.2.2 At the discretion of the Development Authority, and as a condition of approval of a development permit for demolition or removal of a building, the applicant may be required to: a. conduct reclamation of the site; b. provide mitigation measures that protect public and private property; c. restrict access to the site through protective barriers; and/or d. meet any other condition deemed appropriate by the Development Authority. Village of Boyle Land Use Bylaw Development Requirements | 25 SECTION 6.3 FENCES 6.3.1 Fence height shall be measured from grade. 6.3.2 Fence height for all parcels, including corner parcels, shall not exceed: a. 1.0 m in front yards; b. 1.83 m in side yards; and c. 1.83 m in rear yards. 6.3.3 Barbed wire or paige wire fences shall only be allowed in the Industrial (I) District. SECTION 6.4 LANDSCAPING General Landscaping Standards 6.4.1 Landscaping may consist of hard or soft landscaping, or a combination of both. 6.4.2 All required landscaping shall be planted within two years after development permit issuance. 6.4.3 Developments shall provide landscaping in the front yard, unless, in the case of a corner lot, both road frontages shall be landscaped. 6.4.4 Where a landscaping plan is required in SECTION 4.1, trees shall be provided at the minimum ratio of one tree per 65 m² (700 ft.²) of landscaped area provided, with a minimum of one tree per parcel. 6.4.5 Notwithstanding other provisions of this Bylaw, at the discretion of the Development Authority, the Development Authority may allow an area of a site that is eligible to be landscaped to be left in its natural state, if it is of the opinion of the Development Authority that the natural state of the site would enhance the development. LANDSCAPING REQUIREMENTS FOR RESIDENTIAL DISTRICTS 6.4.6 A Single-Detached Dwelling shall landscape a minimum of 30% of the front yard. 6.4.7 A Semi-Detached/Duplex Dwelling shall landscape a minimum of 30% of the front yard. Village of Boyle Land Use Bylaw Development Requirements | 26 6.4.8 All other uses shall landscape a minimum of 20% of the front yard. LANDSCAPING REQUIREMENTS FOR NON-RESIDENTIAL DISTRICTS 6.4.9 A Single-Detached Dwelling shall landscape a minimum of 30% of the front yard. 6.4.10A Semi-Detached/Duplex Dwelling shall landscape a minimum of 30% of the front yard. 6.4.11All other uses in the Commercial (C) District and Downtown Core (DTC) District shall landscape a minimum of 20% of the front yard. 6.4.12Notwithstanding SECTION 6.4.11, in the Downtown Core (DTC) District where a building with a 0 m front yard setback abuts a public sidewalk, alternative landscaping should be provided, such as planters boxes on either side of building entrances. 6.4.13All uses in the Industrial (IND) District shall landscape a minimum of 10% of the front yard. 6.4.14All uses in the Institutional (I) District shall be landscaped to the satisfaction of the Development Authority. SECTION 6.5 MIXED USE BUILDINGS 6.5.1 A mixed-use building may be occupied by a combination of 1 or more uses listed in a district, at the discretion of the Development Authority. 6.5.2 Each use within a mixed-use building shall be considered a separate use and each use shall require a Development Permit. 6.5.3 Dwelling units in a mixed-use building must be located above or behind the non-residential use(s). 6.5.4 Each individual dwelling unit in a mixed-use building shall have an entrance separate from the non-residential use(s) with each dwelling unit having indirect (such as via a hallway) or direct access. SECTION 6.6 MODULAR CONSTRUCTION 6.6.1 A modular building must be placed on a permanent foundation. SECTION 6.7 MULTI-BUILDING DEVELOPMENT 6.7.1 Where multiple buildings are proposed on a site or parcel, the buildings shall relate to one another in terms of appearance, building orientation, and landscaping, to the satisfaction of the Development Authority. Village of Boyle Land Use Bylaw Development Requirements | 27 SECTION 6.8 DRIVEWAYS AND ACCESSES 6.8.1 All driveways and accesses shall be in a location acceptable to the Development Authority. 6.8.2 All driveways and accesses shall be surfaced to the satisfaction of the Development Authority. 6.8.3 All driveways and accesses shall be graded to the satisfaction of the Development Authority. SECTION 6.9 PARKING AREAS, PARKING STALLS AND LOADING STALLS PARKING AREAS AND PARKING STALLS 6.9.1 All parking areas shall be in a location acceptable to the Development Authority. 6.9.2 All parking areas shall be surfaced to the satisfaction of the Development Authority. 6.9.3 All parking areas shall be graded to the satisfaction of the Development Authority. 6.9.4 Unless through an exemption in SECTION 6.9.20, all parking areas, parking stalls and loading stalls required for a use shall be located on-site on private property. 6.9.5 Parking areas for non-residential uses that share a boundary line with a residential parcel shall be screened to the satisfaction of the Development Authority. 6.9.6 Barrier-free parking stalls shall comply with the dimension requirements of the Alberta Building Code, as amended. 6.9.7 Where the number of required parking stalls results in a fractional number, the total number of parking stalls required shall be rounded up to the next whole number. 6.9.8 In the case of a use not specifically mentioned, the required number of on- site parking stalls shall be the same as for a similar use, at the discretion of the Development Authority. 6.9.9 In the case of a mixed-use building or a mix of uses on the same site, the required number of on-site parking stalls shall be calculated based on the sum of requirements for each use. 6.9.10Notwithstanding SECTION 6.9.9, where an application for a mixed-use building or a mix of uses on the same site can demonstrate shared parking Village of Boyle Land Use Bylaw Development Requirements | 28 opportunities, the number of required parking stalls may be reduced at the discretion of the Development Authority. 6.9.11Parking areas shall: a. provide accesses to, and exits from, a road or lane such that backing or turning movements of motor vehicles entering or exiting the site avoid interference with traffic on the abutting roads or lanes; and b. be designed to the satisfaction of the Development Authority. 6.9.12Parking stalls and parking areas shall comply with the following minimum dimensions: Stall Width (a) Parking Angle (b) Width of Stall Parallel to Maneuvering Aisle (c) Width of Maneuvering Aisle (one way) (d) Depth of Stall Perpendicular to Maneuvering Aisle (e) Overall Depth (f) 2.7m 0° 7.0m 3.6m 2.7m 9.1 m 2.7m 30° 5.5m 3.6m 5.2m 14.0m 2.7m 45° 4.0m 3.6 m 5.8m 15.2 m 2.7m 60° 3.1 m 6.0m 6.1 m 18.3 m 2.7m 90° 2.7m 7.3 m 6.1 m 18.3 m Village of Boyle Land Use Bylaw Development Requirements | 29 6.9.13The number of on-site parking stalls required for residential uses shall conform to the following requirements, unless otherwise stated in this Bylaw: Residential Use Minimum Number of On-Site Parking Stalls Required a. Apartment 1.0 per dwelling unit, plus 0.15 stalls per dwelling unit for visitor parking. b. Backyard Suite 1.0 in addition to the parking required for the principal building. c. Bed and Breakfast 1.0 for each guest room in addition to the parking required for the principal building. d. Day Home 1.0 in addition to the parking required for the principal building. e. Duplex/Semi-Detached Dwelling 1.0 per dwelling unit. f. Home Occupation, Major 1.0 in addition to the parking required for the principal building. g. Home Occupation, Minor 1.0 in addition to the parking required for the principal building. h. Manufactured Dwelling 1.0 per dwelling unit. i. Multi-Attached Dwelling 1.0 per dwelling unit, plus 0.15 stalls per dwelling unit for visitor parking. j. Secondary Suite 1.0 in addition to the parking required for the principal building. k. Single-Detached Dwelling 1.0 per dwelling unit. Village of Boyle Land Use Bylaw Development Requirements | 30 6.9.14The number of on-site parking stalls required for non-residential uses shall conform to the following requirements, unless otherwise stated in this Bylaw: Non-Residential Use Minimum Number of On-Site Parking Stalls Required a. Abattoir At the discretion of the Development Authority b. Aerodrome At the discretion of the Development Authority c. Agriculture At the discretion of the Development Authority d. Agricultural Equipment and Sales 1.0 per 100 m² of gross floor area e. Artisan Studio 1.0 plus 1.0 for every 46 m² of gross floor area f. Assisted Living Facility At the discretion of the Development Authority g. Auto Sales and Service 1.0 plus 1.0 for every 46 m² of gross floor area h. Brewery, Winery, Distillery 1.0 plus 1.0 for every 46 m² of gross floor area i. Bulk Fuel Sales At the discretion of the Development Authority j. Campground At the discretion of the Development Authority k. Cannabis Store 1.0 plus 1.0 for every 46 m² of gross floor area l. Cannabis Production Facility 1 per 100 m² of gross floor area m. Car Wash At the discretion of the Development Authority n. Cemetery At the discretion of the Development Authority o. Child Care Facility At the discretion of the Development Authority p. Commercial 1.0 plus 1.0 for every 46 m² of gross floor area q. Convenience Retail 1.0 plus 1.0 for every 46 m² of gross floor area r. Crematorium At the discretion of the Development Authority s. Eating and Drinking Establishment 1.0 plus 1.0 for every 46 m² of gross floor area t. Eating Establishment, Drive-Through 1.0 plus 1.0 for every 46 m² of gross floor area u. Entertainment Establishment At the discretion of the Development Authority Village of Boyle Land Use Bylaw Development Requirements | 31 Non-Residential Use Minimum Number of On-Site Parking Stalls Required v. End of Life Care At the discretion of the Development Authority w. Fitness Studio 1.0 plus 1.0 for every 46 m² of gross floor area x. Health Care Services At the discretion of the Development Authority y. Health Services Laboratory At the discretion of the Development Authority z. Hospital At the discretion of the Development Authority aa. Hotel, Motel 1.0 per guest room bb. Industrial 1 per 100 m² of gross floor area cc. Instructional Facility At the discretion of the Development Authority dd. Liquor Store 1.0 plus 1.0 for every 46 m² of gross floor area ee. Office 1.0 plus 1.0 for every 46 m² of gross floor area ff. Outdoor Storage Provided through the principal use gg. Parks and Playgrounds At the discretion of the Development Authority hh. Pet Services 1.0 plus 1.0 for every 46 m² of gross floor area ii. Public Assembly At the discretion of the Development Authority jj. Public Services At the discretion of the Development Authority kk. Recreation Facility At the discretion of the Development Authority ll. Retail and Consumer Service 1.0 plus 1.0 for every 46 m² of gross floor area mm. Service Station 1.0 plus 1.0 for every 46 m² of gross floor area nn. Transportation Service At the discretion of the Development Authority oo. Veterinary Clinic 1.0 plus 1.0 for every 46 m² of gross floor area QUEUING LANES AND SPACES 6.9.15Queuing lanes for non-residential uses that share a boundary line with a residential parcel shall be screened to the satisfaction of the Development Authority. 6.9.16Queuing spaces shall comply with the following minimum dimensions: a. 3.0 m in width; and Village of Boyle Land Use Bylaw Development Requirements | 32 b. 6.4 m in length. 6.9.17Queuing spaces must not interfere with pedestrian crossings, vehicle parking, or access to the site. LOADING STALL 6.9.18Loading stalls shall comply with the following minimum dimensions: a. 4.2 m in width; b. 9.0 m in length; and c. 4.2 m of height clearance. 6.9.19The number of on-site loading stalls shall conform to the following requirements, unless otherwise stated in this Bylaw: Use Minimum Number of Loading Stalls Required a. Non-residential uses classified in SECTION 6.9.14 located in the Commercial (C) District and Industrial (IND) District A minimum of 1.0 loading stall per 900 m² of gross floor area. The requirement for additional loading stalls is at the discretion of the Development Authority. b. All uses in the Institutional (I) District At the discretion of the Development Authority PARKING AND LOADING STALL EXEMPTIONS 6.9.20Notwithstanding the provisions in SECTION 6.9, parking stall and loading stall requirements along 3rd Street in the Downtown Core (DTC) District shall be determined at the discretion of the Development Authority. Village of Boyle Land Use Bylaw Development Requirements | 33 SECTION 6.10 PROJECTIONS 6.10.1No portion of a principal building shall project onto, over, or into any required yard setback except in accordance with the following: Projection Front Yard Setback Rear Yard Setback Side Yard Setback Eaves, sills, and gutters 0.61 m 0.61 m 0.61 m Bay window 0.61 m 0.61 m 0.61 m Canopy 0.61 m 0.61 m 0.61 m Chimney 0.61 m 0.61 m 0.61 m Unenclosed steps, landings, or entranceways 2.0 m 2.0 m 1.0 m into one side yard only An unenclosed balcony, deck or patio above 0.61 m from grade in a residential district 2.0 m 3.0 m 2.0 m An unenclosed balcony, deck or patio above 0.61 m from grade in a non- residential district At the discretion of the Development Authority 6.10.2Notwithstanding SECTION 6.10.1, the eaves of an Accessory Building may project up to 0.61 m into any yard setback. SECTION 6.11 RAISING OF LIVESTOCK 6.11.1No livestock or any other animals other than domestic pets shall be raised, bred or kept at any level of intensity within the Village municipal boundary except for the short-term holding of animals associated with an approved Abattoir or Veterinary Clinic. SECTION 6.12 RELOCATION OF BUILDINGS AND STRUCTURES 6.12.1The Development Authority shall not approve a Development Permit to relocate a building or structure unless the building or structure is intended for a use that is listed in the district in which it is proposed to be located. Village of Boyle Land Use Bylaw Development Requirements | 34 SECTION 6.13 SCREENING AND BUFFERING 6.13.1Mechanical systems including heating, ventilation, air conditioning, generators and pumps equipment shall be screened to the satisfaction of the Development Authority. 6.13.2In residential districts, or where a non-residential parcel shares a boundary line with a residential parcel, mechanical systems including heating, ventilation, air conditioning, generators and pumps equipment shall not be allowed in the side yard. 6.13.3A non-residential parcel that shares a boundary line with a residential parcel shall provide screening and/or buffering, to the satisfaction of the Development Authority. 6.13.4Screening and buffering requirements may be met through: a. fencing; b. berms; c. landscaping; or d. a combination thereof, to the satisfaction of the Development Authority. SECTION 6.14 SERVICING REQUIREMENTS 6.14.1As necessary to serve the development, all new development permit and subdivision applications must demonstrate, to the satisfaction of the Development Authority: a. adequate sewage collection and disposal; b. water supply and distribution; c. storm water collection and storage; and d. road infrastructure capacity. SECTION 6.15 WASTE CONTAINERS 6.15.1All developments shall provide containers for the purpose of depositing waste, debris, and recyclable materials to the satisfaction of the Development Authority. 6.15.2Areas storing waste and recycling containers shall be screened from public view to the satisfaction of the Development Authority. Village of Boyle Land Use Bylaw Use Specific Regulations | 35 PART 7: USE SPECIFIC REGULATIONS SECTION 7.1 GENERAL REGULATIONS APPLICABLE TO ALL USES 7.1.1 A business license must be obtained for all businesses in accordance with the Village Business Licence Bylaw. 7.1.2 Any proposed development that may have an effect on airport operations will be referred to the specific Airport Commission or Authority, Transport Canada and NavCanada. SECTION 7.2 ACCESSORY BUILDING 7.2.1 A dwelling unit is not allowed in an Accessory Building unless as part of a Backyard Suite for which a development permit has been issued in accordance with SECTION 7.8. 7.2.2 An Accessory Building shall not be located in the front yard of a parcel. 7.2.3 The height of an Accessory Building must not exceed 4.6 m in height. 7.2.4 An Accessory Building must be located a minimum of 2.0 m from the principal building or an Accessory Building on the same parcel. 7.2.5 Accessory Building shall comply with the following setbacks: a. the minimum rear yard setback shall be 1.5 m; b. the minimum side yard setback shall be 1.0 m; and c. notwithstanding 7.2.5.b, on a corner parcel along the flanking front property boundary, the side yard setback shall be the same as the side yard setback required for the principal building. 7.2.6 One Accessory Building may be developed before a principal building where the Development Authority is satisfied that: a. the principal building will be completed as a condition of approval; b. the construction for the principal building will follow in a timely manner; and c. the Accessory Building is designed and positioned to accommodate a principal building. Village of Boyle Land Use Bylaw Use Specific Regulations | 36 RESIDENTIAL USES SECTION 7.3 APARTMENT 7.3.1 An Apartment must provide indoor, outdoor or a combination of indoor and outdoor amenity area(s) calculated at a minimum of 7.5 m² per dwelling unit. 7.3.2 The space dedicated to outdoor amenity areas may contribute to the landscaping requirements for an Apartment. SECTION 7.4 BED AND BREAKFAST 7.4.1 A Bed and Breakfast is only allowed in a Single-Detached Dwelling. 7.4.2 A Bed and Breakfast must be operated and occupied by a resident of the dwelling. 7.4.3 A Bed and Breakfast may have one non-resident employee working onsite. 7.4.4 Cooking facilities in a Bed and Breakfast are not allowed in temporary sleeping accommodations. Village of Boyle Land Use Bylaw Use Specific Regulations | 37 SECTION 7.5 DAY HOME 7.5.1 A Day Home is only allowed in a Single-Detached Dwelling. 7.5.2 A Day Home must be operated and occupied by a resident of the dwelling. 7.5.3 A Day Home must be licensed in accordance with provincial requirements. 7.5.4 A Day Home shall be limited to six children per day, excluding children who reside in the Single-Detached Dwelling. 7.5.5 A Day Home must be incidental and subordinate to the Single-Detached Dwelling. SECTION 7.6 HOME OCCUPATION 7.6.1 A Home Occupation may be located in a dwelling unit or Accessory Building, including a detached garage. 7.6.2 A Home Occupation must be operated and occupied by a resident of the dwelling unit. 7.6.3 A Home Occupation located in a dwelling unit must be incidental and subordinate to the dwelling unit. 7.6.4 A Home Occupation shall not: a. create nuisances that negatively impact neighbouring properties; b. generate excessive pedestrian or vehicular traffic which is uncharacteristic of the neighbourhood; or c. have any activities related to the use occur outside of the dwelling unit or Accessory Building, including Outdoor Storage. 7.6.5 A Home Occupation may have up to one vehicle associated with the business. 7.6.6 The Development Authority maintains the discretion to refuse a Home Occupation application if the Development Authority determines the proposed use would unduly impact neighbouring properties. MAJOR HOME OCCUPATION 7.6.7 In addition to SECTIONS 7.6.1 to 7.6.6, the following provisions shall apply: a. A Major Home Occupation may have one non-resident employee working onsite; and b. A Major Home Occupation may have up to 15 business-associated vehicle visits per week. Village of Boyle Land Use Bylaw Use Specific Regulations | 38 MINOR HOME OCCUPATION 7.6.8 In addition to SECTIONS 7.6.1 to 7.6.6, the following shall apply: a. A Minor Home Occupation shall not have non-resident employees working onsite; and b. A Minor Home Occupation may have up to five business-associated vehicle visits per week. SECTION 7.7 MANUFACTURED DWELLING 7.7.1 A Manufactured Dwelling shall have a foundation or skirting that matches the exterior appearance of the Manufactured Dwelling. 7.7.2 Additions to a Manufactured Dwelling shall require a foundation or skirting equivalent to that of the existing Manufactured Dwelling. 7.7.3 The foundation or skirting for a Manufactured Dwelling shall: a. not exceed a maximum height of 1.0 m above grade; and b. have a minimum height of 0.15 m above grade. 7.7.4 In a manufactured home park, the maximum number of dwelling units allowed per manufactured dwelling stall is one. 7.7.5 As a condition of development permit approval, the Development Authority may require that the hitch and wheels of any Manufactured Dwelling be removed within 60 days of the placement of the Manufactured Dwelling. SECTION 7.8 SECONDARY SUITE AND BACKYARD SUITE 7.8.1 One Secondary Suite or Backyard Suite is allowed per parcel. 7.8.2 A Secondary Suite or Backyard Suite shall not include a Bed and Breakfast or Day Home. SECONDARY SUITE 7.8.3 A Secondary Suite shall not exceed a maximum of 50.0% of the gross floor area of the principal building. 7.8.4 A Secondary Suite is only allowed in a Single-Detached Dwelling. BACKYARD SUITE 7.8.5 A Backyard Suite may be incorporated within or above an Accessory Building. 7.8.6 A Backyard Suite shall not be located in the front yard of a parcel. Village of Boyle Land Use Bylaw Use Specific Regulations | 39 7.8.7 A Backyard Suite shall be subject to the minimum side yard setback and minimum rear yard setback of an Accessory Building established in SECTION 7.2. 7.8.8 A Backyard Suite shall be located a minimum of 2.0 m from the principal building or any other Accessory Building on the same parcel. 7.8.9 A Backyard Suite shall have a maximum gross floor area of 100.0 m². 7.8.10Notwithstanding any other provisions in this Bylaw, a Backyard Suite shall have a maximum height of 6.5 m, unless the Backyard Suite is located above a detached garage, in which case the Backyard Suite shall have a maximum height of 7.5 m. 7.8.11A deck or patio associated with a Backyard Suite shall not exceed 0.6 m in height. 7.8.12A Backyard Suite should resemble the principal building in character and appearance through the use of similar materials, colours and appearance. 7.8.13Windows in a Backyard Suite should be designed and oriented to minimize overlook onto adjacent properties. 7.8.14Parking stalls required for a Backyard Suite should be accessed from the lane, where possible. NON-RESIDENTIAL USES SECTION 7.9 ABATTOIR 7.9.1 If the provincial or federal license for an Abattoir is revoked or the license expires, the development permit issued for the Abattoir shall automatically terminate. SECTION 7.10 BREWERY, WINERY OR DISTILLERY 7.10.1If the provincial license for a Brewery, Winery or Distillery is revoked or the license expires, the development permit issued for the Brewery, Winery or Distillery shall automatically terminate. SECTION 7.11 CANNABIS STORE 7.11.1If the provincial license for a Cannabis Store is revoked or the license expires, the development permit issued for the Cannabis Store shall automatically terminate. Village of Boyle Land Use Bylaw Use Specific Regulations | 40 SECTION 7.12 CANNABIS GROW OPERATION 7.12.1The applicant must provide, as a condition of a development permit for a Cannabis Grow Operation, a copy of the current licence for all activities associated with cannabis production as issued by Health Canada. 7.12.2A Cannabis Grow Operation shall not be located within 75.0 m of a residential district or the Institutional (I) District, measured from the building containing the use closest to the nearest boundary line of a parcel of a residential or Institutional (I) District. 7.12.3A Cannabis Grow Operation must include equipment designed to remove odours from the air discharged from the facility as part of a ventilation system to the satisfaction of the Development Authority. 7.12.4A Cannabis Grow Operation shall be developed and operated in a manner where all the use operations are fully contained within the building including all loading stalls and docks, and waste containers and waste material. 7.12.5Outdoor Storage shall not be allowed as an accessory use to a Cannabis Grow Operation. 7.12.6If the federal license for a Cannabis Grow Operation is revoked or the license expires, the development permit issued for the Cannabis Grow Operation shall automatically terminate. SECTION 7.13 CAR WASH 7.13.1A Car Wash with queuing lanes shall provide a minimum of two spaces per lane at the vehicular entrance of the building in which the Car Wash is located. 7.13.2Queuing lanes and spaces shall comply with the requirements of SECTION 6.9. 7.13.3Where located adjacent to a residential district or the Institutional (I) District, queuing lanes and outdoor activities associated with the use must be screened, to the satisfaction of the Development Authority. 7.13.4Where located adjacent to a residential district or the Institutional (I) District, a Car Wash shall not create nuisances that negatively impact neighbouring properties. Village of Boyle Land Use Bylaw Use Specific Regulations | 41 SECTION 7.14 DRIVE-THROUGH EATING AND DRINKING ESTABLISHMENT 7.14.1A Drive-Through Eating Establishment with queuing lanes shall provide a minimum of two vehicle spaces for each drive-through window. 7.14.2Queuing lanes and spaces shall comply with the requirements of SECTION 6.9. 7.14.3Where located adjacent to a residential district or the Institutional (I) District, queuing lanes and outdoor activities associated with the use must be screened, to the satisfaction of the Development Authority. 7.14.4Where located adjacent to a residential district or the Institutional (I) District, a Drive-Through Eating Establishment shall not create nuisances that negatively impact neighbouring properties. SECTION 7.15 LIQUOR STORE 7.15.1If the provincial license for a Liquor Store is revoked or the license expires, the development permit issued for the Liquor Store shall automatically terminate. SECTION 7.16 OUTDOOR STORAGE 7.16.1Outdoor Storage may be approved as an accessory use to a principal use in a district in which it is listed, unless explicitly prohibited in this Bylaw. 7.16.2Outdoor Storage shall be screened to the satisfaction of the Development Authority. 7.16.3Outdoor Storage shall not be located in the front yard of a parcel. SECTION 7.17 SERVICE STATION AND BULK FUEL SALES 7.17.1Gasoline pumps shall have a minimum front yard setback of 6.0 m. Village of Boyle Land Use Bylaw Land Use Districts | 42 PART 8: LAND USE DISTRICTS SECTION 8.1 LAND USE DISTRICTS 8.1.1 For the purpose of this Bylaw the Village of Boyle is divided into the following districts: R1 - LOW-DENSITY RESIDENTIAL DISTRICT R2 - RESIDENTIAL DISTRICT RM - RESIDENTIAL MODIFIED DISTRICT RMHP - RESIDENTIAL MANUFACTURED HOME PARK DISTRICT RE - RESIDENTIAL ESTATE DISTRICT C1 - COMMERCIAL DISTRICT DTC - DOWNTOWN CORE DISTRICT IND - INDUSTRIAL DISTRICT I - INSTITUTIONAL DISTRICT UR - URBAN RESERVE DISTRICT 8.1.2 Land use district boundaries are shown on Appendix A - Land Use Map. 8.1.3 Land use district boundaries that approximately follow a parcel boundary shall be deemed to follow that parcel boundary. 8.1.4 Where a land use district boundary cannot be reasonably determined, the Municipal Planning Commission shall determine the exact location of the boundary. 8.1.5 The Land Use Map may be amended or replaced by Bylaw from time to time. 8.1.6 The purpose statement in each land use district states the intent of the district. 8.1.7 The Development Authority shall not allow the use of land or a building not listed as a permitted use or discretionary use in the district in which it is situated unless it is established as a similar use, in accordance with SECTION 4.9. Village of Boyle Land Use Bylaw Land Use Districts | 43 SECTION 8.2 R1 - LOW-DENSITY RESIDENTIAL DISTRICT PURPOSE: To allow for low-density residential, neighbourhood-scale businesses, public amenities and services, and recreation areas. 8.2.1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Assisted Living Facility Convenience Retail Duplex/Semi-Detached Dwelling Fascia Sign1 Minor Home Occupation2 Parks and Playgrounds Single-Detached Dwelling Window Sign3 Backyard Suite Bed and Breakfast Child Care Facility Day Home Fascia Sign Major Home Occupation1 Minor Home Occupation2 Monument Sign Mural Sign Portable Sign Public Assembly Public Services Retail and Consumer Service Secondary Suite Window Sign 1 A Fascia Sign is considered a permitted use only when accessory to Convenience Retail 2A Minor Home Occupation is considered a permitted use only when located in a Single-Detached Dwelling 3Window Sign is considered a permitted use only when accessory to Convenience Retail 1 A Major Home Occupation Major is allowed as a discretionary use only when located in:  Accessory Building;  Backyard Suite;  Duplex/Semi Detached Dwelling;  Secondary Suite; or  Single-Detached Dwelling. 2A Minor Home Occupation is allowed as a discretionary use only when located in a:  Accessory Building;  Backyard Suite;  Duplex/Semi Detached Dwelling; or  Secondary Suite. Village of Boyle Land Use Bylaw Land Use Districts | 44 Section 8.2.2 amended as per Bylaw 06-25 June 4, 2025 DEVELOPMENT STANDARDS 8.2.2 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Low-Density Residential (R1) District: a. Minimum Parcel Area 560.0 m² b. Minimum Parcel Width 17.0 m c. Minimum Principal Building Size 106.85 m2 (1,150 ft2) for principal buildings. d. Maximum Parcel Coverage 30% for principal buildings; or 40% for all buildings; except for an Assisted Living Facility where the maximum parcel coverage shall be at the discretion of the Development Authority. e. Minimum Front Yard Setback 6.0 m f. Minimum Side Yard Setback 1.2 m; except in the case of a corner parcel where the minimum side yard setback facing a road shall be 3.0 m. g. Minimum Rear Yard Setback 7.5 m h. Maximum Building Height 9.0 m DEVELOPMENT REGULATIONS 8.2.3 The maximum number of principal buildings on a parcel is one. Village of Boyle Land Use Bylaw Land Use Districts | 45 SECTION 8.3 R2 - RESIDENTIAL DISTRICT PURPOSE: To allow for a variety of housing types including low to medium-density dwellings, neighbourhood-scale businesses, and recreation areas. 8.3.1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building or Structure Apartment Assisted Living Facility Convenience Retail Duplex/Semi-Detached Dwelling Fascia Sign1 Minor Home Occupation2 Multi-Attached Dwelling Parks and Playgrounds Single-Detached Dwelling Window Sign3 Backyard Suite Bed and Breakfast Child Care Facility Day Home Fascia Sign Major Home Occupation1 Minor Home Occupation2 Mixed Use Building Monument Sign Mural Sign Portable Sign Public Assembly Public Services Retail and Consumer Service Secondary Suite Window Sign 1A Fascia Sign is considered a permitted use only when accessory to Convenience Retail 2A Minor Home Occupation is considered a permitted use only when located in a Single-Detached Dwelling 3Window Sign is considered a permitted use only when accessory to Convenience Retail 1 A Major Home Occupation Major is allowed as a discretionary use only when located in:  Accessory Building;  Backyard Suite;  Duplex/Semi Detached Dwelling  Secondary Suite; or  Single-Detached Dwelling 2 A Minor Home Occupation is allowed as a discretionary use only when located in a:  Accessory Building;  Backyard Suite;  Duplex/Semi Detached Dwelling; or  Secondary Suite. Village of Boyle Land Use Bylaw Land Use Districts | 46 DEVELOPMENT STANDARDS 8.3.2 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Medium Density Residential (R2) District: Dwelling Type: Single- Detached Duplex/ Semi- Detached Multi- Attached Apartment All Other Uses a. Minimum Parcel Area 420.0 m² Duplex Dwelling: 600 m² Semi- Detached Dwelling: 650 m² 740.0 m² 800.0 m² 420.0 m² b. Minimum Parcel Width 10.0 m 18.0 m 20.0 m 20.0 m 10.0 m c. Maximum Parcel Coverage 30% for principal buildings; or 40% for all buildings 40% for principal buildings; or 50% for all buildings 40% for all buildings 35% for all buildings at the discretion of the Development Authority d. Minimum Front Yard Setback 6.0 m 6.0 m 6.0 m 9.0 m 6.0 m e. Minimum Side Yard Setback 1.2 m except when: the side yard abuts a road on a corner parcel, in which case the minimum side yard setback shall be 3.0 m 3.0 m 3.0 m 3.0 m f. Minimum Rear Yard Setback 7.5 m 7.5 m 6.0 m 7.5 m 7.5 m g. Maximum Building Height 9.0 m 9.0 m 10.0 m 15.0 m 10.0 m DEVELOPMENT REGULATIONS 8.3.3 The maximum number of principal buildings on a parcel is one. Village of Boyle Land Use Bylaw Land Use Districts | 47 SECTION 8.4 RM - RESIDENTIAL MODIFIED DISTRICT PURPOSE: To allow for a mix of housing types options including Manufactured Dwellings on individual lots, including recreation areas. 8.4.1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Assisted Living Facility Duplex/Semi-Detached Dwelling Fascia Sign1 Manufactured Dwelling Minor Home Occupation2 Parks and Playgrounds Single-Detached Dwelling Window Sign3 Backyard Suite Bed and Breakfast Child Care Facility Day Home Major Home Occupation1 Minor Home Occupation2 Mixed Use Building Monument Sign Mural Sign Portable Sign Public Assembly Public Services Retail and Consumer Service Secondary Suite 1 A Fascia Sign is considered a permitted use only when accessory to Convenience Retail. 2 A Minor Home Occupation is considered a permitted use only when located in a Single-Detached Dwelling. 3 Window Sign is considered a permitted use only when accessory to Convenience Retail. 1A Major Home Occupation is allowed as a discretionary use only when located in a:  Accessory Building;  Backyard Suite;  Duplex/Semi Detached Dwelling;  Secondary Suite; or  Single-Detached Dwelling. 2 A Minor Home Occupation is allowed as a discretionary use only when located in a:  Accessory Building;  Backyard Suite;  Duplex/Semi Detached Dwelling; or  Secondary Suite. Village of Boyle Land Use Bylaw Land Use Districts | 48 DEVELOPMENT STANDARDS 8.4.2 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Residential Modified (RM) District: Dwelling Type: Single- Detached Dwelling Duplex/Semi- Detached Dwelling Manufactured Dwelling All Other Uses a. Minimum Parcel Area 500.0 m² 600.0 m² 500.0 m² 500.0 m² b. Minimum Parcel Width 16.5 m 16.5 m 16.5 m 16.5 m c. Maximum Parcel Coverage 30% for principal buildings; or 40% for all buildings 40% for principal buildings; or 50% for all buildings 30% for principal buildings; or 45% for all buildings 40% for principal buildings; or 50% for all buildings d. Minimum Front Yard Setback 6.0 m 6.0 m 7.5 m 6.0 m e. Minimum Side Yard Setback 1.2 m unless when the side yard abuts a road on a corner parcel, in which case the minimum side yard setback shall be 3.0 m 3.0 m f. Minimum Rear Yard Setback 7.5 m 7.5 m 3.0 m 6.0 m g. Maximum Building Height 9.0 m 9.0 m 5.5 m 10.0 m DEVELOPMENT REGULATIONS 8.4.3 The maximum number of principal buildings on a parcel is one. Village of Boyle Land Use Bylaw Land Use Districts | 49 SECTION 8.5 RMHP - RESIDENTIAL MANUFACTURED HOME PARK DISTRICT PURPOSE: To allow for Manufactured Dwellings where individually manufactured dwelling stalls are leased on a shared parcel. 8.5.1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building or Structure Manufactured Dwelling Minor Home Occupation Parks and Playgrounds Day Home Fascia Sign1 Major Home Occupation Monument Sign Mural Sign 1 A Fascia Sign is considered a discretionary use only when accessory to a business. DEVELOPMENT STANDARDS 8.5.2 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Residential Manufactured Home Park (RMHP) District: a. Minimum Parcel Area 2.0 hectares b. Manufactured dwelling stall 510.0 m² c. Minimum Front Yard Setback 3.0 m d. Minimum Side Yard Setback 3.0 m e. Minimum Rear Yard Setback 3.0 m f. Maximum Building Height 5.5 m DEVELOPMENT REGULATIONS 8.5.3 Manufactured home parks shall: a. Provide a minimum 3.0 m landscaping buffer along property boundary lines adjacent to another district, to the satisfaction of the Development Authority; b. develop sidewalks along all internal roadways, to the satisfaction of the Development Authority; and Village of Boyle Land Use Bylaw Land Use Districts | 50 c. provide amenity area(s) calculated at a minimum 5% of the total site area. 8.5.4 Amenity areas associated with manufactured home parks should be located in areas conveniently connected by a pathways or sidewalk for all park residents. 8.5.5 Amenity areas associated with manufactured home parks shall not be located within the landscaping buffer described in Subsection 8.5.3. 8.5.6 Manufactured home parks should incorporate pathways that connect to the Village trail network where possible. 8.5.7 In addition to the parking requirements described in SECTION 6.9, manufactured home parks shall provide visitor parking stalls calculated at 0.15 parking stalls per Manufactured Dwelling. Village of Boyle Land Use Bylaw Land Use Districts | 51 SECTION 8.6 RE - RESIDENTIAL ESTATE DISTRICT PURPOSE: To accommodate low density residential dwellings and compatible accessory uses, on large sized parcels. 8.6.1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Assisted Living Facility Secondary Suite Minor Home Occupation Parks and Playgrounds Secondary Suite Single-Detached Dwelling Backyard Suite Bed and Breakfast Day Home Fascia Sign1 Major Home Occupation Monument Sign Mural Sign Public Services 1 A Fascia Sign is considered a discretionary use only when accessory to a business. DEVELOPMENT STANDARDS 8.6.2 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Residential Estate (RE) District. a. Minimum Parcel Area 800.0 m² b. Minimum Parcel Width At the discretion of the Development Authority c. Maximum Parcel Coverage 40% for all buildings d. Minimum Front Yard Setback 7.5 m e. Minimum Side Yard Setback 3.0 m f. Minimum Rear Yard Setback 7.5 m g. Maximum Building Height 9.0 m DEVELOPMENT REGULATIONS 8.6.3 The maximum number of principal buildings on a parcel is one. Village of Boyle Land Use Bylaw Land Use Districts | 52 SECTION 8.7 C1 - COMMERCIAL DISTRICT PURPOSE: To provide for commercial uses in the Village that act as a buffer between residential uses and industrial uses, or benefit from close proximity to major transportation corridors. This district may also be appropriate for dwelling units in mixed-use buildings. 8.7.1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building or Structure Agricultural Equipment and Sales Artisan Studio Brewery, Winery, Distillery Car Wash Child Care Facility Commercial Convenience Retail Eating and Drinking Establishment Eating Establishment, Drive-Through Entertainment Establishment Fascia Sign Fitness Studio Freestanding Sign Health Care Services Hotel, Motel Instructional Facility Marquee or Canopy Sign Monument Sign Office Parks and Playgrounds Pet Services Portable Sign Projecting Sign Public Assembly Public Services Recreation Facility Retail and Consumer Service Service Station Transportation Service Veterinary Clinic Window Sign Apartment Assisted Living Facility Auto Sales and Service Bulk Fuel Sales Cannabis Store Crematorium End of Life Care Health Services Laboratory Liquor Store Mural Sign Outdoor Storage2 1 Outdoor Storage is allowed as a discretionary use only when accessory to a principal use. Village of Boyle Land Use Bylaw Land Use Districts | 53 DEVELOPMENT STANDARDS 8.7.2 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Commercial (C1) District: a. Minimum Parcel Area 420.0 m² b. Minimum Parcel Width 10.5 m c. Maximum Parcel Coverage 80% for all buildings d. Minimum Front Yard Setback 6.0 m e. Minimum Side Yard Setback 1.5 m, except: if the side yard abuts a residential district, in which case the minimum side yard setback shall be 3.0 m; or the side yard abuts a road on a corner parcel, in which case the minimum side yard setback shall be 3.0 m. f. Minimum Rear Yard Setback 6.0 m g. Maximum Building Height 14.0 m Village of Boyle Land Use Bylaw Land Use Districts | 54 SECTION 8.8 DTC - DOWNTOWN CORE DISTRICT PURPOSE: To provide for a mix of commercial uses and residential dwellings in a distinct downtown hub that is compact and walkable. 8.8.1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Artisan Studio Brewery, Winery, Distillery Commercial Convenience Retail Duplex/Semi-Detached Dwelling1 Eating and Drinking Establishment Entertainment Establishment Fascia Sign Fitness Studio Freestanding Sign Health Care Services Hotel, Motel Instructional Facility Marquee or Canopy Sign Monument Sign Office Parks and Playgrounds Pet Services Projecting Sign Portable Sign Public Assembly Public Services Retail and Consumer Service Recreation Facility Single-Detached Dwelling2 Window Sign Auto Sales and Service Backyard Suite Bed and Breakfast Cannabis Store Child Care Facility Day Home Backyard Suite Eating Establishment, Drive-Through End of Life Care Liquor Store Major Home Occupation1 Minor Home Occupation2 Mural Sign Single-Detached Dwelling3 Transportation Service Veterinary Clinic4 1 A Duplex/Semi-Detached Dwelling is allowed as a permitted use when approved prior to third reading of this Bylaw. 2 A Single-Detached Dwelling is allowed as a permitted use when approved prior to third reading of this Bylaw. 1 A Major Home Occupation is considered a discretionary use when located in a:  Accessory Building;  Backyard Suite;  Secondary Suite; or  Single-Detached Dwelling. 2 A Minor Home Occupation is considered a discretionary use when located in a:  Accessory Building;  Backyard Suite;  Secondary Suite; or  Single-Detached Dwelling. Village of Boyle Land Use Bylaw Land Use Districts | 55 Permitted Uses Discretionary Uses 3 A Single-Detached Dwelling is allowed as a discretionary use when approved prior to third reading of this Bylaw. 4 A Veterinary Clinic is allowed as a discretionary use when approved prior to third reading of this Bylaw. DEVELOPMENT STANDARDS 8.8.2 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Downtown Core (DTC) District: a. Minimum Parcel Area 420.0 m² b. Minimum Parcel Width 10.5 m c. Maximum Parcel Coverage 80% for all buildings d. Minimum Front Yard Setback 0.0 m e. Minimum Side Yard Setback 0.0 m except: if the side yard abuts a lane, in which case the minimum side yard setback shall be 1.2 m; or if the side yard abuts a lane, in which case the minimum side yard setback shall be 1.2 m; or the side yard abuts a residential district, in which case the minimum side yard setback shall be 3.0 m f. Minimum Rear Yard Setback 6.0 m g. Maximum Building Height 14.0 m DEVELOPMENT REGULATIONS 8.8.3 Buildings with building frontage facing a public road shall incorporate into the building facade design, a transparent medium (e.g. glass/windows) for a minimum 30% of the ground floor building facade area. 8.8.4 Buildings should feature street-oriented design elements for each elevation visible from an adjacent public road (excluding lanes). Design elements may include: a. clearly identified entrances; Village of Boyle Land Use Bylaw Land Use Districts | 56 b. pedestrian-oriented signage; c. pedestrian scale design; and/or d. the use of different colours, materials, or textures to break up repetitive building facades. 8.8.5 Buildings along 3rd Street in the Downtown Core (DTC) District with a 0 m front yard setback should provide overhead weather protection for pedestrians along building frontages and at each building entrance. 8.8.6 Buildings that are built to a 0 m front yard setback shall have front entrances that are recessed a minimum of 0.9 m from the building frontage. Village of Boyle Land Use Bylaw Land Use Districts | 57 SECTION 8.9 IND - INDUSTRIAL DISTRICT PURPOSE: To provide for industrial and complementary uses that do not create major nuisances that could adversely affect surrounding land uses. 8.9.1 Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building or Structure Agricultural Equipment and Sales Artisan Studio Auto Sales and Service Brewery, Winery, Distillery Bulk Fuel Sales Car Wash Commercial Convenience Retail End of Life Care Fascia Sign Freestanding Sign Health Services Laboratory Hotel/Motel Industrial Instructional Facility Marquee or Canopy Sign Monument Sign Office Outdoor Storage1 Pet Services Projecting Sign Portable Sign Retail and Consumer Service Service Station Transportation Service Veterinary Clinic Window Sign Abattoir Aerodrome Agriculture Cannabis Production Facility Cannabis Store Crematorium Eating and Drinking Establishment Eating Establishment, Drive-Through Fitness Studio Health Care Services Liquor Store Mural Sign Parks and Playgrounds Public Services Single Detached Dwelling1 1 Outdoor Storage is allowed as a permitted use only when accessory to a principal use. 1 A Single-Detached Dwelling is allowed as a discretionary use when approved prior to third reading of this Bylaw. Village of Boyle Land Use Bylaw Land Use Districts | 58 DEVELOPMENT STANDARDS 8.9.2 Unless explicitly stated otherwise in this Bylaw, the following development standards shall apply to the uses in the Industrial (IND) District: a. Minimum Parcel Area 1,000.0 m² b. Minimum Parcel Width 15.0 m c. Maximum Parcel Coverage 60% for all buildings d. Minimum Front Yard Setback 10.0 m e. Minimum Side Yard Setback 3.0 m except; on the road side of a corner parcel where the minimum side yard setback shall be 6.0 m f. Minimum Rear Yard Setback 10.0 m g. Maximum Building Height At the discretion of the Development Authority. Village of Boyle Land Use Bylaw Land Use Districts | 59 SECTION 8.10 I - INSTITUTIONAL DISTRICT PURPOSE: To allow for uses that provide a variety of recreational opportunities, and community and public services to the community. 8.10.1Permitted and Discretionary Uses Permitted Uses Discretionary Uses Accessory Building Artisan Studio Assisted Living Facility Child Care Facility Eating and Drinking Establishment1 Entertainment Establishment Fascia Sign Fitness Studio Freestanding Sign Health Care Services Health Services Laboratory2 Hospital Instructional Facility Marquee or Canopy Sign Monument Sign Parks and Playgrounds Projecting Sign Portable Sign Public Assembly Public Services Recreation Facility Window Sign Campground Cemetery Commercial Convenience Retail End of Life Care Mural Sign Office Retail and Consumer Service 1 An Eating and Drinking Establishment is allowed as a permitted use when accessory to a principal use. 2 A Health Services Laboratory is allowed as a permitted use when accessory to a principal use. DEVELOPMENT STANDARDS 8.10.2Development standards in the Institutional (I) District shall be at the discretion of the Development Authority. Village of Boyle Land Use Bylaw Land Use Districts | 60 SECTION 8.11 UR - URBAN RESERVE DISTRICT PURPOSE: To maintain undeveloped lands in the Village that are intended for future development in the Municipal Development Plan. 8.11.1Discretionary Uses Discretionary Uses Accessory Building Agriculture Parks and Playgrounds Single-Detached Dwelling DEVELOPMENT STANDARDS 8.11.2Development standards in the Urban Reserve (UR) District shall be at the discretion of the Development Authority. Village of Boyle Land Use Bylaw Signs | 61 PART 9: SIGNS SECTION 9.1 SIGNS NOT REQUIRING A DEVELOPMENT PERMIT 9.1.1 The following signs do not require a development permit provided that the sign otherwise complies with the provisions of this Bylaw, does not require a variance and meets the following qualifications for exception: Sign Qualifications for Exception to Development Permit a. Signs  Provided that the sign is located within a building, (not including a Window Sign). b. Signs for Artisan Studios, Bed and Breakfasts, Day Homes and Home Occupations  Provided that the sign area does not exceed 0.2 m². c. Directional Signs  Provided the sign area does not exceed 0.7 m². d. Maintenance and Repair of a Sign  Provided that a development permit has been issued for the sign. e. Portable Signs  Provided the sign area does not exceed 1.0 m². f. Replacement of a Sign  Provided that a development permit has been issued for the sign; and  the replaced sign is identical to the sign approved under the development permit; or the replacement is for panels or letters in an approved sign. g. Temporary Signs  Provided that the sign is in place for no more than 3 weeks; and  the sign is located on private property. h. Window Signs  Provided that all Window Signs cover 30% or less of the total window. Village of Boyle Land Use Bylaw Signs | 62 SECTION 9.2 APPLICATION FOR SIGNS 9.2.1 An application for a development permit for a sign shall be made to the Development Authority in writing in the form prescribed by the Development Authority. 9.2.2 An application for a development permit for a sign shall include: a. a completed application form signed by the registered owner of the subject property, and the applicant or the applicant's agent(s); b. an application fee as established by the Village; c. a current copy of the Certificate of Title(s) (within 30 days of the application submission date); and d. current copies of any restrictive covenants, caveats or easements (within 30 days of the application submission date). 9.2.3 At the discretion of the Development Authority, an application for a development permit for a sign may also require: a. site plan showing the sign location; b. drawing(s) showing the following sign elements: i. dimensions including sign height and width; ii. total sign area; iii. elevation of sign measured from grade; c. building elevations identifying the following: i. sign location on the building frontage; ii. dimensions of the building frontage; d. details of any support or how a sign will be installed; e. details of any lighting or sign illumination; and f. any other information or documentation the Development Authority may deem necessary to review the sign development permit application. SECTION 9.3 GENERAL SIGN PROVISIONS 9.3.1 A structure used to hold or support a sign is considered part of the sign. 9.3.2 Where a sign is double sided, sign area shall be calculated for one side only. 9.3.3 A sign shall be well maintained and kept in a condition satisfactory to the Development Authority. Village of Boyle Land Use Bylaw Signs | 63 9.3.4 A sign shall be safely and securely attached to a building, structure or to the ground using methods of support that are to the satisfaction of the Development Authority. 9.3.5 A sign shall be for on-site advertising unless approved by the Development Authority. 9.3.6 Any sign in place for a time period that exceeds 3 weeks shall require a development permit and shall comply with the regulations of that sign type. 9.3.7 Where exterior lighting is incorporated into a sign, lighting shall be oriented downward and designed to illuminate the sign area only. 9.3.8 A sign shall not be attached to a fence, pole, tree, or any object in a road or publicly-owned parcel. 9.3.9 A sign shall not be allowed in any road or publicly-owned parcel without an approved Encroachment Agreement. 9.3.10A sign shall not interfere with sight lines, any traffic control device, or otherwise impede on traffic or pedestrian movements at any time. 9.3.11When a sign is located on a corner parcel, the sign shall comply with the regulations of SECTION 6.1. 9.3.12A sign should incorporate similar materials and colours as the principal building. 9.3.13A Sign that incorporates digital messaging shall: a. not be permitted in residential districts; and b. not be oriented towards a dwelling. SECTION 9.4 FASCIA SIGN 9.4.1 The following development standards shall apply to a Fascia Sign: a. Location: i. A Fascia Sign shall be located on a building frontage; and ii. A Fascia Sign shall have a minimum clearance of 2.5 m when measured from grade to the bottom of the sign structure. Village of Boyle Land Use Bylaw Signs | 64 b. Size: i. A Fascia Sign shall not project more than 0.5 m past the wall to which it is attached; and ii. The total area of a Fascia Sign on a building frontage shall not exceed a maximum 25% of the total area of the building frontage. c. Quantity: i. The number of Fascia Signs allowed on a building frontage shall be at the discretion of the Development Authority. SECTION 9.5 FREESTANDING SIGN 9.5.1 The following development standards shall apply to a Freestanding Sign: a. Location: i. A Freestanding Sign shall not project beyond the property line. b. Size: i. A Freestanding Sign shall have a maximum sign area calculated at 1.0 m² per metre of building frontage length to a maximum of 8.5 m² sign area; and ii. A Freestanding Sign shall not exceed 9.0 m in height. c. Quantity: i. One Freestanding Sign is allowed for each building frontage. SECTION 9.6 MARQUEE OR CANOPY SIGN 9.6.1 The following development standards shall apply to a Marquee or Canopy Sign: a. Location: i. A Marquee or Canopy Sign shall be located on a building frontage; ii. A Marquee or Canopy Sign shall be located above the top of the highest window of the first storey; and iii. A Marquee or Canopy Sign shall have a minimum clearance of 2.5 m above grade. b. Size: Village of Boyle Land Use Bylaw Signs | 65 i. The total area of a Marquee or Canopy Sign on a building frontage shall not exceed a maximum 25% of the total area of the building frontage. c. Quantity: i. The number of Marquee or Canopy Signs allowed on a building frontage shall be at the discretion of the Development Authority. SECTION 9.7 MURAL SIGN 9.7.1 The size, location, quantity, and design of a Mural Sign shall be at the discretion of the Development Authority. SECTION 9.8 MONUMENT SIGN 9.8.1 The following development standards shall apply to a Monument Sign: a. Location: i. The location of a Monument Sign shall be at the discretion of the Development Authority. b. Size: i. A Monument Sign shall not exceed 2.0 m²; and ii. A Monument Sign shall not exceed 2.0 m in height. c. Quantity: i. Two Monument Signs are allowed per site. SECTION 9.9 PORTABLE SIGN 9.9.1 The following development standards shall apply to a Portable Sign: a. Size: i. A Portable Sign shall not exceed 4.6 m²; and ii. A Portable Sign shall not exceed 3.6 m in height. b. Quantity: i. One Portable Sign is allowed for each building frontage. ii. Notwithstanding Subsection 9.9.1 b.i, where there are multiple businesses sharing a building frontage, one Portable Sign is allowed for each business. Village of Boyle Land Use Bylaw Signs | 66 9.9.2 Portable Signs shall be designed and located to prevent unintentional movement to the satisfaction of the Development Authority. SECTION 9.10 PROJECTING SIGN 9.10.1The following development standards shall apply to a Projecting Sign: a. Location: i. A Projecting Sign shall be placed at right angles to the building frontage, including buildings on corner parcels; ii. A Projecting Sign shall have a minimum clearance of 2.5 m above grade; and iii. A Projecting Sign shall not exceed a height of 0.5 m above the building eave or 6.0 m above grade, whichever is less. b. Size: i. A Projecting Sign shall not exceed 2.0 m². c. Quantity: i. One Projecting Sign is allowed for each building frontage. ii. Notwithstanding 9.10.1 c.i, where there are multiple businesses sharing a building frontage, one Projecting Sign is allowed for each business. 9.10.2A Projecting Sign that projects into Village-owned land shall enter into an Encroachment Agreement with the Village prior to installation. SECTION 9.11 WINDOW SIGN 9.11.1The following development standards shall apply to a Window Sign: a. Location: i. A Window Sign shall be located within a window located on the main or second storey of a building. b. Size: i. The total area of a Window Sign shall not exceed 60% cover of the window. Village of Boyle Land Use Bylaw Compliance and Enforcement | 67 PART 10:COMPLIANCE AND ENFORCEMENT SECTION 10.1 GENERAL PROVISIONS 10.1.1Enforcement of this Bylaw by the Village's Bylaw Enforcement Officer or any other person identified by Council, may be executed through the issuance of a violation warning, warning notice, final warning notice, stop order, violation tags, or any other authorized action to ensure compliance. 10.1.2A person, whether occupant or owner of land, a building, or structure, or parcel, may be guilty of an offence if they cause or allow any development that: a. contravenes or does not comply with this Bylaw; b. requires a development permit that has not been released; c. has a development permit considered to have lapsed, is suspended or cancelled; d. contravenes or does not comply with a development permit that has been released; e. contravenes or does not comply with a subdivision approval that has been given; f. contravenes or does not comply with a condition of a development permit or subdivision approval; or g. contravenes a stop order. SECTION 10.2 RIGHT OF ENTRY 10.2.1Subject to a contravention under Subsection 10.1.2, the Bylaw Enforcement Officer of the Village may, after giving reasonable notice to the owner or occupant of the building, structure or parcel, enter to carry out an inspection to ascertain if Bylaw requirements are being met. 10.2.2A person shall not prevent or obstruct the Bylaw Enforcement Officer from carrying out any official duty under this Bylaw. 10.2.3If consent is not given, the Village may apply to the Court of King's Bench for an authorizing order. Village of Boyle Land Use Bylaw Compliance and Enforcement | 68 SECTION 10.3 OFFENCES 10.3.1Any person who contravenes, causes or permits a contravention of the provisions of this Bylaw, or allows a contravention of this Bylaw to occur or continue on their property, is guilty of an offence and is liable to a fine for a first offence and for each subsequent offence of not more than $10,000. SECTION 10.4 VIOLATION TICIKETS 10.4.1The Bylaw Enforcement Officer or any other person authorized by Council, may issue a violation ticket to any person alleged to have breached any provision of this Bylaw. 10.4.2The violation ticket shall specify the alleged offence committed by the person to whom the violation ticket is issued and require payment, within 21 days from the date of issue of the violation ticket, of a fine to the Village. 10.4.3Persons contravening any provision of this Bylaw shall be liable for minimum penalties established by the Village. 10.4.4Increasing minimum penalties for subsequent violations of any provision of this Bylaw may be established by the Village. Village of Boyle Land Use Bylaw Bylaw Amendment | 69 PART 11:BYLAW AMENDMENT SECTION 11.1 INITIATING AN AMENDMENT 11.1.1Any person may apply to have the Bylaw amended. 11.1.2An application to change the district of any parcel may be initiated only by the owner of that parcel, tenant or agent (with the owner's consent), or by the municipality. 11.1.3Council may, on its own initiative and in accordance with the MGA, initiate an amendment to the Bylaw, having referred the proposed Amending Bylaw to the Development Authority prior to first reading. 11.1.4The Development Authority may, at any time, present a request for Bylaw amendment to Council. 11.1.5Any amendment to the Bylaw shall be made pursuant to the MGA SECTION 11.2 APPLICATION FOR AN AMENDMENT 11.2.1All applications for Bylaw amendment shall be accompanied by: a. a complete application form signed by the applicant or the applicant's agent(s); or b. if the amendment is for a re-designation, a completed application form signed by the registered owner of the subject property, and the applicant or the applicant's agent(s); and c. an application fee as established by Village. 11.2.2The Development Authority may request information to evaluate a Bylaw amendment, including but not limited to: a. a current copy of the Certificate of Title(s) (within 30 days of the application submission date); b. current copies of any restrictive covenants, caveats or easements (within 30 days of the application submission date); c. the legal description(s) and municipal address; d. a site plan of the proposed development; e. an engagement summary report summarizing the public consultation process; f. reports, drawings, plans, or technical studies required by the Development Authority to consider the application; and Village of Boyle Land Use Bylaw Bylaw Amendment | 70 g. a written statement including: i. the reason for the application; ii. how the amendment aligns with approved statutory plans, non- statutory plans, and Council policies; and iii. the relationship of the amendment to statutory plans, non- statutory plans, and Council policies under preparation. 11.2.3Where the Development Authority requires any technical study or assessment, all submitted documents are to be prepared by a qualified registered professional in their respective field. All submitted documents shall include certification by the professional who prepared the document. 11.2.4When an application proposing an amendment to the Bylaw applies to lands that are not subject to a statutory plan, Council should consider whether a statutory plan should be required prior to approving the application. SECTION 11.3 PROCESSING A BYLAW AMENDMENT 11.3.1Upon receipt of an application to amend this Bylaw the Development Authority shall: a. confirm with the applicant that the application was received; b. initiate a review and analysis of the proposed amendment; c. forward a copy of the application to all relevant departments and agencies, internal or external; d. determine if a public meeting or other means of public consultation is required, at the sole cost of the applicant; e. prepare a detailed Council report including maps and other materials relevant the Bylaw amendment to Council; f. provide a recommendation on the proposed Bylaw amendment; g. notify the applicant of the date the application will be considered by Council. The notification shall include: i. the date and time of the Council Meeting; and ii. procedures for appearing before Council to speak to the application. 11.3.2Following consideration of an application to amend this Bylaw Council may: a. refuse the application; b. table the application for further information; Village of Boyle Land Use Bylaw Bylaw Amendment | 71 c. pass first reading to amend this Bylaw; or d. pass first reading of an alternative amendment to this Bylaw. 11.3.3In accordance with the MGA, prior to second reading of the proposed Bylaw, Council shall: a. provide written notification of the proposed Bylaw amendment application; b. publicly advertise the proposed application; and c. conduct a Public Hearing. 11.3.4Council, in considering a proposed Bylaw application, shall: a. consider the written comments and recommendations by the Development Authority and; b. consider proposed amendment content and supporting documents. 11.3.5In accordance with the MGA, Land Use Bylaw amendments shall be implemented by Bylaw after three readings by Council. 11.3.6All amendments to this Bylaw shall conform with the Village of Boyle Municipal Development Plan and other adopted statutory plans and non- statutory plans. Village of Boyle Land Use Bylaw Definitions | 72 PART 12:DEFINITIONS LAND USE DEFINITIONS Abattoir means a licensed facility used for butchering or slaughtering animals and the processing of meat and other animal by-products. May include retail sales related to the principal use. Accessory Building means a secondary building that is subordinate and incidental to the principal building, located on the same parcel. Where a structure is attached to a principal building on a parcel it is to be considered part of the principal building and is not an Accessory Building. Aerodrome means the existing Village of Boyle Aerodrome and buildings and uses considered accessory to the Aerodrome. Agriculture means a use for agricultural purposes that support the production of crops or livestock. Does not include Abattoir. Agricultural Equipment Sales and Service means a use for the sale and servicing of agricultural equipment such as machinery and supplies. May include Offices, retail sales, and display areas related to the principal use. Apartment means a building containing three or more dwelling units having a shared entrance. Artisan Studio means a use for the production of art and artisan goods by individuals. May include Instruction Facility and retail sales related to the principal use. Assisted Living Facility means a building or group of buildings, operated for the purpose of providing live-in accommodation to people who require a wide range of support services. May require onsite varying professional and medical support for daily living. May include seniors housing, hospice, group homes, or boarding homes for children. Auto Sales and Service means a use for the sales, servicing or repair of motor vehicles. May include a Car Wash and retail sales related to the principal use. Backyard Suite means a subordinate and self-contained dwelling unit, located on a parcel within an accessory building. Village of Boyle Land Use Bylaw Definitions | 73 Bed and Breakfast means a use for the temporary sleeping accommodations contained within an owner-occupied Single-Detached Dwelling, with or without meals provided to registered guests. Brewery, Winery, Distillery means a use for the production and retail sale of beer, wine, spirits, or other alcoholic beverages licensed by the province. May include tasting rooms, Eating and Drinking Establishments, indoor storage, packaging, bottling, canning and shipping. May also include retail sales related to the principal use. Bulk Fuel Sales means a use for the bulk storage, sales and distribution of fuel for motor vehicles. Campground means a use for temporary, seasonal accommodation of recreational vehicles and tents. May include permanent buildings or structures that support the campground including outdoor shelters, kitchen facilities, toilet or shower facilities. Cannabis Production Facility means a use for the growing, production, labelling, packaging, storing and transporting of cannabis regulated by federal legislation. Does not include the growing of cannabis by an individual for personal use and consumption. Cannabis Store means a use licensed by the province for the retail sale of cannabis and cannabis accessories for offsite consumption. Does not include the production of cannabis products. Car Wash means a use for the washing or cleaning of vehicles. May include retail sales related to the principal use. Cemetery means a use for the entombment or interment of the deceased, and buildings or activities related to the principal use. Child Care Facility means a use licensed by the province which provides for the care, education and supervision of children. May include daycare centres, nursery schools, kindergartens, playschools, or after-school care. Does not include Day Home. Commercial means a use for: a. Food production; b. Horticulture cultivation and sales; Village of Boyle Land Use Bylaw Definitions | 74 c. Indoor or outdoor display areas related to the principal use; d. Offices associated with the principal use; e. Sales, rental, or repair of commercial goods and services; f. Small scale manufacturing of goods that do not produce any negative external impacts (e.g. noise or odour); or g. Associated buildings and activities related to the principal use. but does not include Agriculture. Convenience Retail means a use that allows for the retail sales of merchandise sales that sells fresh or packaged food, or daily household goods. May include the preparation of food and non-alcoholic beverages for offsite consumption. Crematorium means a use for the incineration of deceased people or domestic pets. Day Home means an accessory use to a Single-Detached Dwelling used to provide care and supervision in accordance with the applicable provincial legislation. This use shall not be approved as a Home Occupation. Duplex/Semi-Detached means a building containing 2 dwelling units sharing a common wall either side-by-side or one above the other, each unit having individual exterior entrances. Eating and Drinking Establishment means a use where food is prepared and sold to the general public. May include a restaurant, café, or pub, and may have take-out windows. This use may be licensed by the Alberta Gaming Liquor & Cannabis Commission. Eating Establishment, Drive-Through means a use where food is prepared and sold to the general public that includes rapid food pickup service through one or more ordering windows. End of Life Care means a use that provides for the arrangement and holding of funerals, or the preparation of the dead for burial or cremation. Does not include Crematorium unless located in the Industrial (IND) District. Entertainment Establishment means a use that provides indoor entertainment to the public. May include movie theatres, billiards, arcades, bowling alleys, museums, and dance, Eating and Drinking Establishments, or music theatres. This use may be licensed by the Alberta Gaming Liquor & Cannabis Commission. Village of Boyle Land Use Bylaw Definitions | 75 Fascia Sign means a sign that is attached to and parallel to an exterior building wall. Freestanding Sign means a sign that has independent supports fixed to the ground, and is not connected to any other building or structure. Fitness Studio means a space where equipment or instruction is provided for people to pursue personal fitness or physical activity that may include the incidental retail sale of products relating to the service provided. Health Care Services means a use that provides physical and mental health services and treatment to people, where overnight accommodation is not provided. May include but is not limited to clinics, doctor or dentist offices, pharmacies, physical or mental therapy services, naturopathic or holistic services. Health Services Laboratory means a use where the following activities may occur: a. bodily samples are tested; b. medical assessments and research are conducted; or c. prosthetics, dental aids or medical devices are developed, serviced or fitted. Home Occupation, Minor means a low impact business operated as an accessory use to the principal use, located on a parcel with a dwelling, which does not change the character of the building. Must not create dust, noise, odour or smoke of an offensive nature. Home Occupation, Major means a moderate impact business as an accessory use to the principal use, located on a parcel with a dwelling, which does not change the character of the building. Must not create dust, noise, odour or smoke of an offensive nature. Hospital means a use that provides medical care and treatment to people, including outpatient services, where overnight accommodation may be provided. May include Health Care Services. Hotel, Motel means a use for providing temporary sleeping accommodation in guest rooms or suites. May include an Eating and Drinking Establishment, meeting rooms, event spaces, and Fitness Facility. Industrial means a use for: a. Agricultural support services; Village of Boyle Land Use Bylaw Definitions | 76 b. Fleet services; c. Food Production; d. Horticulture cultivation and sales; e. Industrial trades; f. Manufacturing, processing, packaging, assembly and shipping and distribution goods; g. Recycling depots; h. Research or development; i. Sales or rentals; j. Servicing, repair, or testing of materials and equipment; k. Self-storage; l. Training facilities for trades or industry; m. Warehousing, or n. Vehicle body repair. and may include Outdoor Storage related to the principal use; and/or Offices and administration related to the principal use but does not include an Abattoir, Agriculture or Cannabis Production Facility. Instructional Facility means a use which provides public or private instruction, education or training. Liquor Store means a use licensed by the Alberta Gaming Liquor & Cannabis Commission for the sale of alcoholic beverages for offsite consumption. Manufactured Dwelling means a prefabricated dwelling unit arriving site-ready on wheels and chassis for occupancy. A Manufactured Dwelling may be supported on a permanent foundation. All Manufactured Dwellings must meet the standards of the Canadian Standards Association (CSA), as amended. Does not include recreational vehicles. Marquee or Canopy Sign means a sign placed on a marquee or canopy. Monument Sign means a low-profile sign that has independent supports fixed to the ground, and is not connected to any other building or structure. Monument Signs may advertise a business, residential buildings, or neighbourhoods. Village of Boyle Land Use Bylaw Definitions | 77 Multi-Attached Dwelling means a building containing three or more dwelling units separated by common walls, located on a single parcel with each dwelling unit having an individual exterior entrance. May include townhouses, rowhouses, triplexes or fourplexes. Mural Sign means a sign that is painted or sculpted onto the exterior of a building or structure. Office means a building for professional, government, managerial, administrative, financial, business support or consulting services. May include retail sales activity related to and incidental to the principal use. Outdoor Storage means a use for storing goods or materials or equipment outside of a building, as an accessory use to a principal use. Parks and Playgrounds means a use for recreational purposes by the public. May include playgrounds, picnic areas, outdoor open spaces, spray parks, skateboard parks, fields, outdoor skating rinks, baseball diamonds, disc golf, paths and trails, and other similar facilities. Pet Services means a use for the care of domestic pets. May include grooming, exercising, training, daycare, or retail sales related to the principal use. Portable Sign means a sign not permanently fixed to the ground, or on a building or structure, and is capable of being relocated to other areas. May include but is not limited to a-frame, t-frame, flag, or changeable letter signs. Projecting Sign means a sign that projects outward from the exterior wall of a building. Public Assembly means a use where the public can assemble for education, instruction, culture, religion, or communal activity. May include municipal or government services. May include Offices or accessory buildings related to the principal use. Public Services means a use where municipal or government services are provided to the public. May include police or emergency services, municipal or government services, or public works yards. May include Offices, equipment or materials storage, or facilities related to the principal use. Recreation Facility means a use for recreation, athletic and leisure activities. May include an Eating and Drinking Establishment, Fitness Facility, Health Care Village of Boyle Land Use Bylaw Definitions | 78 Services, Public Assembly, meeting rooms, administrative areas, arenas, swimming pools, or indoor or outdoor sports facilities, on the same parcel. Retail and Consumer Service means as use for the sale, rental, repair, or small- scale production of consumer goods and services, or the retail sales and services related to the care and appearance of a person. Does not include Cannabis Store or Liquor Retail. Secondary Suite means a subordinate, self-contained dwelling unit located within the principal dwelling unit. Service Station means a use for selling gasoline, diesel or other automotive fluids. May include traveller amenities such as Car Wash, Convenience Retail, Eating and Drinking Establishments, washrooms or shower facilities, or retail sales associated with the principal use. Does not include Bulk Fuel Stations. Single-Detached Dwelling means a dwelling consisting of one dwelling unit. Transportation Service means a use that provides transportation services to people, or to transport goods, documents and packages. May include transit services, taxis, limousine services or courier services. Veterinary Clinic means a use for the medical care and treatment of domestic pets and livestock. May include retail sales associated with the principal use. Window Sign means a sign placed on a window that is visible from the exterior of the building. ADMINISTRATIVE DEFINITIONS Accessory Use means a use that is incidental and subordinate to the principal use on the same site. Adjacent means land that is contiguous to a parcel of land that is being subdivided or re-designated and includes land that would be contiguous if not for a highway, road, river or stream. Amenity Area means a space designed for active or passive recreation on the same parcel as the residential building. Balcony means a platform attached to and projecting above the first floor of a building for use as an outdoor amenity area. Village of Boyle Land Use Bylaw Definitions | 79 Basement means the portion of a building which is wholly or partially below grade. Building(s) means anything constructed or placed on, in, over, or under land but does not include a highway or a road or a bridge forming part of a highway or road. Building Frontage means the portion of a building facing a street. Buildings facing multiple streets may have multiple frontages. Bylaw Enforcement Officer means a person or persons appointed by Council responsible for compliance and enforcement as established in the Bylaw Enforcement Officer Bylaw. Corner Parcel means a parcel located at the intersection of two streets or highways. For the purposes of this definition, a street or highway shall not include a lane. Council means the Council of the Village of Boyle. Deck or Patio means an uncovered structure with a surface height greater than 0.6 metres above grade that is intended for as an outdoor space. Does not include a balcony. Development means: a. an excavation or stockpile and the creation of either of them; b. a building or an addition to, or replacement or repair of a building and the construction or placing of any of them in, on, over or under land; c. a change of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the use of the land or building; or d. a change in the intensity of use of land or a building, or an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building, as defined in the MGA. Development Authority means the Development Authority established by this Bylaw. Village of Boyle Land Use Bylaw Definitions | 80 Development Officer means in accordance with the MGA, people appointed by Council responsible for processing applications for development permits including issuing decisions and enforcing the provisions of this Bylaw. Development Permit means in accordance with the MGA, a permit that is issued under the Village of Boyle Land Use Bylaw and authorizes a development. Digital Messaging means the component of a sign that is a digital display. Directional Sign means a sign for the purpose of directing people to a location or notice of caution on a site. Discretionary Use means use of land or a building provided for in this Bylaw for which a development permit may only be issued, with or without conditions, at the discretion of the Development Authority. Domestic Pet means small animals which are normally kept as companions or as household pets such as dogs, cats and other similar animals. This does not include wildlife, fowl or livestock. Dwelling or Dwelling Unit means a building or portion of a building intended for permanent or semi-permanent residence containing kitchen facilities, living, sleeping, and sanitary facilities. Excavation, Soil Importing, Removal, or Stockpiling means development where the topography of a site is altered, typically prior to construction. May include removing vegetation, re-grading, stripping of topsoil, or other similar activities. Does not include cultivation associated with Agricultural operations. Façade means the exterior wall of a building. Front Boundary means the boundary line of a parcel that is adjacent to a street. Front Yard Setback means a yard extending across the full width of a parcel from the front boundary to the nearest wall of the principal building situated on the parcel. Grade means the average level of elevation at the finished ground surface at the corners of a site or at the foundation, as determined by the Development Authority. Gross Floor Area means the total floor area of a building measured from the outside surface of the exterior wall, and includes all floors totally or partially above grade level. Village of Boyle Land Use Bylaw Definitions | 81 Hard Landscaping means any non-vegetation element used to enhance a parcel. May include but is not limited to pavement, brick, paving stones, tile, shale, sculptures, or rock. Does not include driveways or vehicle parking pads. Height means the vertical distance measured from the grade of a building or structure to the highest point of the building or structure. Does not include any device or feature not structurally essential to the building or structure. Highway means Highway 63, 663 and 831, and any other highway as defined in provincial enactments. Home Office means an accessory use to a dwelling unit which is used to operate a business by the resident(s) of the dwelling unit, fully contained within the dwelling unit, with no external impacts. Does not allow for visits to the site, Outdoor Storage, signage, or employees not residing in the dwelling unit. Land and Property Rights Tribunal means a quasi-judicial tribunal that makes decisions about land use planning, property assessment and compensation disputes involving land expropriations and surface leases as established through the Land and Property Rights Tribunal Act. Landscaping means creating a desired condition on a parcel by combining vegetation with existing features and/or introduced elements. May include hard landscaping or soft landscaping or a combination thereof. Lane means a secondary public thoroughfare providing access to a site normally to the rear or side. Livestock means livestock as defined in provincial enactments, including poultry, horses, cattle, sheep, swine, goats, bison, fur-bearing animals or bees raised in captivity. Marquee or Canopy means a structure that is attached to and projecting from a building and provides shelter from the weather. Maintenance, Renovation or Repair means any update or repair to a building or structure that does not include structural alterations or result in a change of use or intensity of a use in a building. Manufactured Home Park means a parcel that is divided into manufactured dwelling stalls, to allow for the placement and occupancy of Manufactured Dwellings. Village of Boyle Land Use Bylaw Definitions | 82 Manufactured Dwelling Stall means the area allocated for the placement of one Manufactured Dwelling in a manufactured home park. Mixed-Use Building means a building designed to accommodate a mix of uses, listed in a district, on one parcel. Modular Building means a building consisting of one or more parts constructed offsite, that meets the standards of the Canadian Standards Association (CSA) A277. A modular building is transported to site and permanently assembled. A modular building is supported by a permanent foundation. This definition does not include a Manufactured Dwelling. Municipality means the Village of Boyle. Municipal Government Act / MGA means the MGA, as amended, R.S.A. 2000, c.M-26. Municipal Planning Commission means the Municipal Planning Commission of the Village of Boyle pursuant to the MGA as established by the Municipal Planning Commission Bylaw, as amended. Net Floor Area means the portion of the gross floor area that excludes unoccupied areas including mechanical and utility rooms, stairs, elevators, exterior balconies, decks or patios, common walkways and floors located fully below grade. Non-Conforming Building means a building that a. is lawfully constructed or lawfully under construction on the date this Bylaw or any amendment thereof affecting the building or the land on which the building is situated becomes effective; and b. on the date this Bylaw or any amendment thereof becomes effective does not, or when constructed will not, comply with this Bylaw, as defined in the MGA. Non-Conforming Use means a use a. being made of land or a building or intended to be made of a building lawfully under construction at the date a land use Bylaw affecting the land or building becomes effective; and Village of Boyle Land Use Bylaw Definitions | 83 b. that on the date the land use Bylaw becomes effective does not, or in the case of a building under construction will not, comply with this Bylaw, as defined in the MGA. Notice of Completeness, Incompleteness means a notice issued by the Village of Boyle identifying if an application is complete or incomplete in accordance with the MGA. Owner means: a. in respect of unpatented land, the Crown; b. in respect of other land, the person who is registered under the Land Titles Act as the owner of the fee simple estate in the land or any other person(s) having a legal interest in the land; and c. in respect of any property other than land, the person in lawful possession of it, as defined in the MGA. Parcel 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; and 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, as defined in the MGA. Parcel Area means the total area of the parcel enclosed within the boundaries of the parcel. Parcel Coverage means the cumulative coverage of all buildings on a parcel. Excludes accessory buildings that are 10.0 m² or less provided they are moveable. Parcel Width means the horizontal distance between parcel lines measured perpendicular to the centre of the front line. Village of Boyle Land Use Bylaw Definitions | 84 Permitted Use means a use of land or building provided for in this Bylaw for which a development permit shall be issued, with or without conditions, if the proposed development complies in all respects with this Bylaw. Principal Building means a building which: a. Occupies the major or central portion of a site; b. Is the chief or main building among one or more buildings on a site; or c. Constitutes the primary use for which the site is used. Principal Use means a use which constitutes the primary purpose of the site. Projection means any portion of a building which extends beyond a: a. wall; b. roof; or c. yard setback. Property Line means the boundary that legally defines a parcel. Rear Boundary means the boundary line of a parcel that is opposite the front boundary. Rear Yard Setback means a yard extending across the full width of a parcel, extending between the rear boundary and the nearest wall of a building situated on the parcel. Recreational Vehicle means a vehicle or portable structure designed and built to be transported on its own wheels. Typical examples include tow-behind campers, tent trailers, and motor homes. Does not include Manufactured Dwelling. 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, as defined in the MGA. Screening means the total or partial concealment of a development or use. May include a berm, fence, vegetation or wall, or combination thereof. Village of Boyle Land Use Bylaw Definitions | 85 Setback means the minimum distance between a building or structure and a property line as identified in a district or elsewhere in the Bylaw. Side Boundary means the boundary line of a parcel connecting the front boundary with the rear boundary. Side Yard Setback means a yard between a building and the side boundary of a parcel, extending from the front boundary to the rear boundary, the width of which is the distance from the nearest point on a building to the side boundary. Sign means a structure that may include words, letters, pictures, symbols, or representation, used as an advertisement, announcement or direction. Sign Area means the total surface area of a sign measured to the outside edge of the frame or border of the sign. In the case of a sign composed of individual letters or symbols, the sign area shall be calculated as the area enclosing the letters or symbols. In the case of a multi-faced sign, up to two sides of the sign shall be counted to the sign area. Similar Use means a use that is not identified in this Bylaw but is considered by the Development Authority to be similar in character and purpose to another listed use. Site means a parcel, a part of a parcel, or a number of abutting parcels which are considered for a single use or a mixture of uses, which is owned or managed as a single unit. Site Area means the total area of a site. Soft Landscaping means any vegetation used to enhance a parcel. May include but is not limited to grass, trees, shrubs, flower beds, or xeriscaping. Statutory Plan means: a. an intermunicipal development plan; b. a municipal development plan; c. an area structure plan; and d. an area redevelopment plan, as defined in the MGA, and adopted by the Village of Boyle. Storey means the space between the top of any floor and the ceiling above it. Village of Boyle Land Use Bylaw Definitions | 86 Structure means a building or other thing erected or placed in, on, over or under land, whether or not it is so affixed to the land as to become transferred without special mention by a transfer or sale of the land, as defined in the MGA. Structural Alterations means the addition to, deletion from, or change to any building that requires a permit pursuant to the Safety Codes Act, as amended. Subdivision means the division of a parcel of land by an instrument, as defined in the MGA. Subdivision Authority means people appointed by Council responsible for processing applications for subdivision, in accordance with the MGA. Subdivision and Development Appeal Board means an appeal board established by Council by the Subdivision and Development Appeal Board Bylaw, pursuant to the MGA. Temporary Sign means a sign intended for temporary advertisement and is not permanently fixed to a building or structure. Use(s) means a permitted use or discretionary use listed in a district of this Bylaw. Utility Facility means a development for the operation, maintenance, or administration of a public utility as defined in the MGA. Variance means a limited exception to a specific rule defined in this Bylaw that is requested in a development permit application. Appendix A Land Use Maps