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---
Land Use Bylaw 1002-18
Adopted October 16, 2018
Consolidated May 5, 2026
Land Use Bylaw 1002-18
i
AMENDMENTS
REVISION #
DATE
BYLAW #
DESCRIPTION
Rev 1
4-Dec-18
1004-18, 1008-18
Rezone Pt SE 18-49-7-W5M, Rezone Pt NW 1-50-8-W5M
Rev 2
5-Mar-19
1014-19, 1019-19
Rezone SE 31-50-7-W5M, Rezone Pt NW 18-48-8-W5M
Rev 3
2-Apr-19
1013-19, 1015-19,
1016-19, 1017-19
Rezone Pts NW 36-50-8-W5M, Rezone Pts SE 8-49-6-W5M, Rezone NW 26-47-5-W5M, Rezone
Pt SW 9-49-6-W5M
Rev 4
16-Jul-19
1022-19, 1023-19,
1024-19
Rezone Pt SE 12-49-7-W5M, Rezone Pt SW 29-50-7-W5M, Rezone Pts NW 4-50-7-W5M
Rev 5
17-Sep-19
1029-19, 1035-19
Rezone Pt SE 4-48-3-W5M, Textual Amendment to Rural Industrial District
Rev 6
7-Apr-20
1050-20
Rezone Pt SW 13-50-6-W5M
Rev 7
19-May-20
1055-20
Textual Amendment to sections 9.3, 12.2.2, 12.3.2 and 13.2.2.
Rev 8
3-Jul-20
1036-19
Rezone Pt NE 30-49-8-W5M
Rev 9
3-Feb-21
1039-19, 1059-20
Rezone Pt NE 30-49-5-W5M, Rezone Pts SE 24-48-7-W5M
Rev 10
8-Apr-21
1069-20
Rezone Pt SW 8-48-8-W5M
Rev 11
1-Jun-21
1076-21
Rezone Pts NW 31-47-9-W5M
Rev 12
19-Jul-21
1043-19
Rezone Pt NE 32-49-8-W5M
Rev 13
21-Sep-21
1085-21
Rezone Pts NE, SE & SW 3-49-7-W5M
Rev 14
21-Jan-22
1064-20, 1074-21
Rezone Pt NW 29-49-6-W5M, Rezone Pt SE 7-50-8-W5M
Brazeau County
ii
AMENDMENTS
REVISION #
DATE
BYLAW #
DESCRIPTION
Rev 15
15-Mar--22
1097-21, 1040-19
Update to Map 49-7C Storage Container Overlay, Rezone Pt NE-27-47-5-W5M
Rev 16
7-Jun-22
1107-22, 1108-22,
1067-20, 1068-20,
1070-20
Removal of Section 14.2 and Map 49-7C,
Rezone Lot 5 Block 6 Plan 3504 KS and Lot 6, Block 6 Plan 992 0631 within NE 36-47-70 W5M
Rezone Pt NW 2-48-7 W5M, Rezone Pt NW 30-50-8 W5M, Rezone Pt 26-48-4 W5M
Rev 17
21-Jun-22
1100-22, 1101-22
Rezone Pt SE 15-50-5-W5M, Rezone Pt NW 15-50-5-W5M & SW 15-50-5-W5M, Add DC Bylaw
1101-22
Rev 18
9-Aug-22
1116-22
Removal of minimum floor area for dwellings from AG, AGH, CR, CCR and HR Districts.
Rev 19
20-Sep-22
1102-22, 1096-21
1086-21
Addition of Airport Land District and 3 new definitions, Rezone Pt. NE 34-47-5 W5M,
Rezone NW 4-49-8 W5M
Rev 20
12-Dec-22
1099-22, 1125-22
Rezone Pt NW 3-50-6-W5M, Rezone SE 33. NE 28 & Pt SE 28-47-9-W5M
Rev 21
25-May-23
1110-22, 1120-22,
1124-22, 1127-22
Rezone Pt SE 24-48-9-W5M, Rezone Pts SE 23-47-5-W5M, Rezone Pt NE 1-49-5-W5M,
Rezone NW 5-48-8-W5M
Rev 22
20-Jun-23
1139-23
Rezone Lots 18 & 19, Block 16, Plan 1989KS within SE 5-50-10 W5M
Rev 23
26-Jul-23
1115-22, 1126-22
Rezone Pt SE 15-49-7-W5M, Rezone Pts SW 8-48-8-W5M
Rev 24
21-Sep-23
1082-21, 1128-22,
1134-23
Rezone Pt NW 29-49-7-W5M, Rezone Pt NW 10-50-5-W5M, Rezone Pt NE 30-47-4-W5M
Rev 25
29-Nov-23
1137-23
Rezone SE 31-47-4-W5M
Rev 26
28-May-24
1144-23, 1161-23,
1166-23, 1168-24,
1170-24
Rezone Pts SE 16-49-8-W5M, Rezone Pt NE 25-48-8-W5M, Rezone Pts NW 5-48-8-W5M, Rezone
Pt SE 14-48-6-W5M, Rezone Lots 1 & 2 Block 1 Plan 822 0824 within SW 13-50-6-W5M
Land Use Bylaw 1002-18
iii
AMENDMENTS
REVISION #
DATE
BYLAW #
DESCRIPTION
Rev 27
28-Jun-24
1180-24, 1181-24,
1182-24
Rezone SE 1-49-9-W5M, Rezone NE 36-48-9-W5M and Rezone Pt NE 19-48-7-W5M
Rev 28
20-Sep-24
1160-23, 1186-24,
1187-24
Rezone Pt SW 8-48-8-W5M, Rezone Pt NE 14-48-8-W5M and Rezone Pt SE 21-49-5-W5M
Rev 29
10-Dec-24
1169-24, 1191-24
Rezone SW 4-48-4-W5M, Rezone Pt SE 10-49-6-W5M
Rev 30
4-Feb-25
1195-24, 1198-25
Rezone Lots 22, 23, & 24, Block 4, Plan 242 2408 within SE 5-50-10 W5M and Lots 11 & 12,
Block 18, Plan 1989 KS within SE 5-50-10 W5M, and Rezone Lot A, Block 8, Plan 1989 KS within
SE 5-50-10 W5M.
Rev 31
6-Mar-25
1199-25, 1157-23,
1176-24, 1201-25,
1200-25
Rezone Pt NE 34-47-5-W5M, Rezone Pts SW 23-48-8-W5M, Rezone Pts SW 13-49-6-W5M and
Rezone Lot 8 Block 1 Plan 912 2189 within SE 18-49-7-W5M
Rev 32
6-May-25
1143-23, 1202-25,
1205-25
Rezone Pt SW 27-49-9-W5M, Rezone Lot 17 Block 16 Plan 982 0064 within NW 31-47-9-W5M
and Rezone Pt SW 33-50-7-W5M
Rev 33
15-Jul-25
1212-25
Rezone Pt SW 28-47-4-W5M
Rev 34
7-Oct-25
1215-25
Rezone SW 9-50-8-W5M
Rev 35
4-Nov-25
1217-25
Rezone Pt SE 4-50-5-W5M
Rev 36
2-Dec-25
1218-25
Rezone NE 10-49-9-W5M & Repeal DC Bylaw 515-05
Rev 37
19-Jan-26
1224-26, 1227-26
Rezone NE 16-49-5-W5M, Rezone SE 15-48-7-W5M
Rev 38
17-Feb-26
1222-26, 1229-26
& 1230-26
Rezone SE 17-48-7-W5M, Rezone SW 31-47-6-W5M, Rezone NE 15-48-8-W5M
Brazeau County
iv
AMENDMENTS
REVISION #
DATE
BYLAW #
DESCRIPTION
Rev 39
3-Mar-26
1219-25, 1223-26
Rezone Lot 1 Block 1 Plan 252 0250 within NE 30-50-7-W5M , Replace Definition of 'Surveillance
Suite, Temporary', change Surveillance Suite, Temporary to a Discretionary Use in NREP, update
Surveillance Suite, Temporary in section 9.3, add Development Regulation Section 8.24
Surveillance Suites, Renumber all other Development Regulations.
Rev 40
5-May-26
1231-26, 1236-26,
1240-26
NW 10-49-4-W5M, Pt SE 31-48-8-W5M, SE 15-48-7-W5M
Land Use Bylaw 1002-18
v
TABLE OF CONTENTS
1 INTRODUCTION ............................. 1
1.1
Title ................................................................. 1
1.2
Purpose ............................................................ 1
1.3
Effective Date ................................................... 1
1.4
Application ....................................................... 1
1.5
Previous Bylaws ................................................ 1
1.6
Application in Process ........................................ 1
1.7
Non-Conformity ................................................ 2
1.8
Severability ...................................................... 2
1.9
Compliance with Other Legislation ....................... 2
1.10
Rules of Interpretation ....................................... 3
2 APPROVAL AND APPEAL
AUTHORITIES .................................... 5
2.1
Development Authority ...................................... 5
2.2
Development Officer .......................................... 5
2.3
Subdivision Authority ......................................... 6
2.4
Subdivision and Development Appeal Board ......... 6
2.5
Municipal Planning Commission ........................... 6
2.6
Decision-Making Structure .................................. 6
3 DEVELOPMENT PERMIT PROCESS .. 7
3.1
Control of Development ..................................... 7
3.2
Development Not Requiring a Development Permit 7
3.3
Development Permit and Agreement Fees .......... 10
3.4
Requirements for Development Permit Applications
..................................................................... 10
3.5
Requirement for Special Applications ................. 13
3.6
Notice of Proposed Development ....................... 13
3.7
Referrals for Development Applications .............. 14
3.8
Decision on Development Permit Applications ..... 15
3.9
Variance Provisions ......................................... 17
3.10
Deemed Refusal .............................................. 17
Brazeau County
vi
3.11
Notice of Decision ........................................... 17
3.12
Development Permit Conditions ........................ 18
3.13
Validity of Development Permits ....................... 19
3.14
Extension of Development Permits .................... 19
3.15
Resubmission Interval ..................................... 19
3.16
Withdrawal, Suspension or Cancellation of Permits19
3.17
Certificate of Compliance ................................. 20
4 SUBDIVISION PROCESS .............. 22
4.1
Requirements for Subdivision Applications ......... 22
4.2
Decision on Subdivision Applications ................. 23
4.3
Subdivision Approval Conditions ....................... 23
4.4
Endorsement of Subdivision ............................. 24
5 DEVELOPMENT APPEALS PROCESS
25
5.1
Grounds for Appeals ........................................ 25
5.2
Procedure for Appeals...................................... 25
5.3
Hearing and Decision ....................................... 26
5.4
Court of Appeal ............................................... 26
6 ENFORCEMENT ............................ 28
6.1
Contravention ................................................. 28
6.2
Prohibitions ..................................................... 28
6.3
Non-Compliance .............................................. 28
6.4
Warning Notice ................................................ 29
6.5
Right of Entry .................................................. 29
6.6
Stop Orders .................................................... 29
6.7
Appeal to Stop Orders ...................................... 30
6.8
Enforcement of Stop Orders .............................. 30
6.9
Offenses and Penalties ..................................... 30
7 LAND USE BYLAW AMENDMENT
PROCESS ......................................... 31
7.1
Procedure for Amendments ............................... 31
7.2
Amendment Review Process .............................. 32
Land Use Bylaw 1002-18
vii
7.3
Advertisement Requirements ............................ 32
7.4
Notification Hearing/Public Hearing .................... 33
7.5
Decision by Council .......................................... 33
7.6
Resubmission Interval ...................................... 33
8 DEVELOPMENT REGULATIONS ..... 34
8.1
Abandoned Gas and Oil Wells ............................ 34
8.2
Accessory Structures ....................................... 34
8.3
Access, Parking, and Loading ............................ 34
8.4
Adaptive Reuse of Dwelling on Industrial and
Commercial Parcels ......................................... 36
8.5
Bed and Breakfasts .......................................... 36
8.6
Building Design ............................................... 37
8.7
Cannabis Production and Distribution Facilities .... 37
8.8
Cannabis Retail Sales ....................................... 38
8.9
Confined Feeding Operations ............................ 38
8.10
Cynthia Solar Aquatics Sewage Treatment Plant .. 39
8.11
Demolition ...................................................... 39
8.12
Fences ........................................................... 39
8.13
Guest Ranches ................................................ 40
8.14
Hazardous Areas ............................................. 40
8.15
Home Occupations .......................................... 41
8.16
Landscaping ................................................... 43
8.17
Natural Resource Extraction and Processing ........ 43
8.18
Number of Dwellings per Parcel ......................... 44
8.19
Secondary Suites ............................................ 44
8.20
Signs ............................................................. 45
8.21
Site Grading ................................................... 46
8.22
Solar Collectors ............................................... 46
8.23
Storage Containers .......................................... 47
8.24
Surveillance Suites .......................................... 47
8.25
Tiny Dwelling .................................................. 47
9 LAND USE DISTRICTS ................. 49
9.1
Establishment of Land Use Districts ................... 49
Brazeau County
viii
9.2
District Boundaries .......................................... 49
9.3
Summary of Permitted (P) and Discretionary (D)
Uses .............................................................. 51
10 AGRICULTURAL DISTRICTS ......... 56
10.1
AG - Agricultural ............................................. 56
10.2
AGH - Agricultural Holdings .............................. 59
11 RESIDENTIAL DISTRICTS ............ 62
11.1
CR - Country Residential .................................. 62
11.2
CCR - Compact Country Residential ................... 64
11.3
HR - Hamlet Residential ................................... 67
11.4
BCC - Birchwood Country Condo ....................... 70
11.5
MHP - Manufactured Home Park ........................ 72
11.6
TD - Tiny Dwelling .......................................... 75
12 BUSINESS DEVELOPMENT
DISTRICTS ....................................... 78
12.1
C - Commercial............................................... 78
12.2
RI - Rural Industrial ......................................... 81
12.3
LI - Light Industrial .......................................... 83
13 EXCLUSIVE DISTRICTS ............... 85
13.1
R - Recreation ................................................. 85
13.2
CL - Crown Lands ............................................ 87
13.3
I - Institutional ................................................ 89
13.4
UR - Urban Reserve ......................................... 92
13.5
NREP - Natural Resource Extraction and Processing
..................................................................... 93
13.6
DC - Direct Control .......................................... 95
13.7
AL - Airport Land District .................................. 96
14 Overlays ..................................... 99
14.1
Airport Protection Overlay ................................. 99
15 DEFINITIONS ............................ 101
16 LAND USE MAPS ........................ 119
16.1
Map 45-9 ...................................................... 119
Land Use Bylaw 1002-18
ix
16.2
Map 45-10 .................................................... 120
16.3
Map 45-11 .................................................... 121
16.4
Map 46-9 ..................................................... 122
16.5
Map 46-10 .................................................... 123
16.6
Map 46-11 .................................................... 124
16.7
Map 47-3 ..................................................... 125
16.8
Map 47-4 ..................................................... 126
16.9
Map 47-5 ..................................................... 127
16.10
Map 47-6 ..................................................... 128
16.11
Map 47-7 ..................................................... 129
16.12
Map 47-8 ..................................................... 130
16.13
Map 47-9 ..................................................... 131
16.14
Map 47-10 .................................................... 132
16.15
Map 47-11 .................................................... 133
16.16
Map 48-3 ..................................................... 134
16.17
Map 48-4 ..................................................... 135
16.18
Map 48-5 ..................................................... 136
16.19
Map 48-6 ..................................................... 137
16.20
Map 48-7 ..................................................... 138
16.21
Map 48-8 ..................................................... 139
16.22
Map 48-9 ..................................................... 140
16.23
Map 48-10 ................................................... 141
16.24
Map 48-11 ................................................... 142
16.25
Map 49-4 ..................................................... 143
16.26
Map 49-5 ..................................................... 144
16.27
Map 49-6 ..................................................... 145
16.28
Map 49-7 ..................................................... 146
16.29
Map 49-8 ..................................................... 147
16.30
Map 49-9 ..................................................... 148
16.31
Map 49-10 ................................................... 149
16.32
Map 49-11 ................................................... 150
16.33
Map 50-4 ..................................................... 151
16.34
Map 50-5 ..................................................... 152
16.35
Map 50-6 ..................................................... 153
Brazeau County
x
16.36
Map 50-7 ...................................................... 154
16.37
Map 50-8 ...................................................... 155
16.38
Map 50-9 ...................................................... 156
16.39
Map 50-10 .................................................... 157
16.40
Map 50-11 .................................................... 158
16.41
Map 47-7-A Buck Creek .................................. 159
16.42
Map 50-10-A Cynthia ..................................... 160
16.43
Map 49-5-A Lindale ........................................ 161
16.44
Map 47-10-A Lodgepole .................................. 162
16.45
Map 49-7-A Poplar Ridge ................................ 163
16.46
Map 50-10-A Rocky Rapids ............................. 164
16.47
Map 48-8-A Violet Grove ................................ 165
16.48
Map 49-7-B Airport Protection Overlay ............. 166
17 APPENDICIES ........................... 167
17.1
Direct Control Districts ................................... 167
Land Use Bylaw 1002-18
1
1
INTRODUCTION
1.1 Title
This Bylaw shall be known as and may be cited as "Brazeau County
Land Use Bylaw."
1.2 Purpose
The purpose of this Bylaw is to prohibit or regulate and control the
use and development of land and buildings within Brazeau County
to ensure health and safety of its inhabitants, and also achieve the
orderly and economic development of land, and:
(a)
To divide Brazeau County into land use districts;
(b)
To prescribe and regulate the use of land or buildings
within each district;
(c)
To establish a method of making decisions on applications
for development permits and the issuance of development
permits;
(d)
To provide the manner in which a notice of issuance for a
development permit is given;
(e)
To establish the number of dwellings that may be allowed
on a parcel;
(f)
To establish regulations to assist in the subdivision and
development decision making process;
(g)
To establish procedures of appealing the decisions related
to this Land Use Bylaw;
(h)
To establish general development standards and specific
use regulations;
(i)
To establish parking, signage, and landscaping standards;
and
(j)
To establish subdivision standards for Brazeau County.
1.3 Effective Date
This Land Use Bylaw comes into effect on the date of its third
reading. At that time, the former Bylaw No. 939-17, and its
amendments, shall cease to apply to new subdivision and
development in Brazeau County.
1.4 Application
This Land Use Bylaw shall serve as a tool to implement policies
established in the Municipal Development Plan (MDP), other
statutory plans, and the Municipal Government Act (MGA), as
amended from time to time.
All development hereafter in Brazeau County shall conform to the
provisions of this Bylaw.
1.5 Previous Bylaws
Brazeau County Land Use Bylaw 939-17, except the Direct Control
Bylaws set out in Section 17, is hereby repealed and this Bylaw
shall apply to all lands within Brazeau County.
1.6 Application in Process
A completed application for a development permit or subdivision,
which is received before adoption of this Bylaw shall be processed
Brazeau County
2
in accordance with Brazeau County's Land Use Bylaw 1002-18 as
amended unless requested by the applicant to be processed under
this Bylaw.
1.7 Non-Conformity
In accordance with Section 643 of the MGA, if a development
permit has been issued on or before the day on which a Land Use
Bylaw or a Land Use Amendment Bylaw comes into force in a
municipality and the Bylaw would make the development for which
the permit was issued a non-conforming use or non-conforming
building, the development permit continues to be in effect in spite
of the coming into force of the Bylaw.
A non-conforming use of land or a building may be continued but if
that use is discontinued for a period of six (6) consecutive months
or more, any future use of the land or building must conform with
the Land Use Bylaw then in effect.
A non-conforming use of part of a building may be extended
throughout the building but the building, whether or not it is a non-
conforming building, may not be enlarged or added to and no
structural alterations may be made to it or in it.
A non-conforming use of part of a parcel may not be extended or
transferred in whole or in part to any other part of the parcel and
no additional buildings may be constructed on the parcel while the
non-conforming use continues.
A non-conforming building may continue to be used but the building
may not be enlarged, added to, rebuilt, or structurally altered
except:
(a)
To make it a conforming building;
(b)
For routine maintenance of the building, if the
Development Authority considers it necessary; or
(c)
In accordance with a Land Use Bylaw that provides minor
variance powers to the Development Authority for the
purposes of this section.
If a non-conforming building is damaged or destroyed to the extent
of more than 75% of the value of the building above its foundation,
the building may not be repaired or rebuilt except in accordance
with the Land Use Bylaw.
The land use or the use of a building is not affected by a change of
ownership or tenancy of the land or building.
1.8 Severability
If any section, clause, or provision of this Land Use Bylaw, including
anything shown on the land use district map, is for any reason
declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of the remainder of this Bylaw in
whole or in part, other than the section, clause or provision,
including anything shown on the land use district map, so declared
to be invalid.
1.9 Compliance with Other Legislation
Notwithstanding that a development permit may not be required in
certain instances under this Bylaw, in no way does this exempt the
applicant from complying with:
(a)
Other requirements for approval by municipal Bylaw, the
MGA, conditions, any other instrument affecting building or
land, or other applicable regulation;
Land Use Bylaw 1002-18
3
(b)
Any easement, covenant, agreement, or contract affecting
the development; and
(c)
Requirements of the Alberta Safety Codes Act, and any
regulations, including the Alberta Building Code.
The provisions and regulations of this Bylaw do not exempt any
person from complying with the provisions or regulation of any
other municipal, provincial, or federal statute.
1.10 Rules of Interpretation
Bylaw Text
Words used in the present tense include the other tenses; words
used in the singular include the plural and vice versa; and the
word "person" includes a corporation, firm, partnerships, trusts,
and other similar entities as well as an individual.
The words "shall," and "must," require mandatory compliance
except where a variance has been granted pursuant to the MGA.
Words, phrases, and terms not defined in this section may be given
their definition in the MGA. Other words shall be given their usual
and customary meaning.
Where a regulation involves two (2) or more conditions, provisions,
or events connected by the conjunction "and," this means all the
connected items shall apply in combination; "or" indicates that the
connected items may apply singly or in combination.
Where reference is made to other legislation, this refers to the
legislation as may be amended from time to time.
Land Use District Map
Where a district boundary line is shown on the land use district
maps as approximately following:
(a)
A railway, pipeline, power line, utility right-of-way, or
easement, it follows the centre line, unless otherwise
clearly indicated on the land use maps;
(b)
The edge, shoreline, or high water mark of a river, lake, or
other water body, or a topographic contour line, or a top of
bank line, it follows that line. In the event of change, it
moves with the edge or shoreline; or
(c)
A property line, it follows the property line.
A district boundary line follows the extension of any of the features
listed above.
A district boundary line shall generally follow the centre of a road
or lane, unless the district boundary line is shown clearly following
the edge of the road or lane.
Where the application of the above interpretations does not
determine the exact location of a district boundary line, a
Development Officer shall fix the district boundary line in a manner
consistent with the provisions of this Bylaw and with the degree of
detail as to measurements and directions as circumstances
require. The Development Officer may defer the decision to MPC.
This decision may be appealed to the Subdivision and
Development Appeal Board (SDAB).
In the case of any conflict between information expressed in metric
units and in imperial units, the metric shall govern.
In the case of any conflict between a number written in numerals
and a number written in letters, the number written in numerals
shall govern.
Brazeau County
4
In the case of any conflict between the text of this Bylaw and any
maps or drawings used to illustrate any aspect of this Bylaw, the
text shall govern.
Pursuant to Section 638.1 of the MGA, in the event of a conflict or
inconsistency between a statutory plan or the Land Use Bylaw, and
an Alberta Land Stewardship Act (ALSA) regional plan, the ALSA
regional plan prevails to the extent of the conflict or inconsistency.
Land Use Bylaw 1002-18
5
2
APPROVAL AND APPEAL
AUTHORITIES
2.1 Development Authority
The Development Authority for Brazeau County is:
(a)
The person appointed by resolution of Council as
Development Officer pursuant to the Designated Officer
Bylaw and the Municipal Planning Commission Bylaw; and
(b)
The Municipal Planning Commission (MPC) established by
Bylaw pursuant to the MGA.
The Development Authority shall carry out the powers and duties
set out in regulations established under the MGA, this Bylaw, and
the Municipal Planning Commission Bylaw, as amended from time
to time.
The Office of the Development Officer is established through this
Bylaw, and the Municipal Planning Commission Bylaw, and shall be
filled by person(s) employed or contracted by the municipality.
The Development Officer shall perform such duties that are
specified in the Municipal Planning Commission Bylaw and this
Bylaw.
The Development Officer shall keep and maintain for the inspection
of the public during all reasonable hours, a copy of this Bylaw and
all amendments to it. The Development Officer shall also keep a
register of all applications for development, including the decisions
made on those applications, and the reasons for those decisions.
For the purposes of Section 542 of the MGA, the Development
Officer is hereby designated as authorized by the municipality to
discharge the relevant powers and functions. The Development
Officer shall inform MPC of the actions being carried out.
In accordance with Section 640(6) of the MGA, the Development
Authority hereby is authorized to decide on an application for a
development permit even if the proposed development does not
comply with the land use bylaw or is a non-conforming building if:
(a)
The proposed development would not unduly interfere with
the amenities of the neighbourhood or materially
interferes with or affects the use, enjoyment or value or
neighbouring parcels of land; and
(b)
The proposed development conforms with the use
prescribed for that land or building in the land use bylaw.
Section 3.9 outlines the provisions governing the ability for the issuing of a
development permit relating to this provision.
2.2 Development Officer
A Development Officer shall be responsible for the following:
(a)
Reviewing all applications for a development permit and
establishing
specific
conditions
related
to
each
development permit application;
(b)
Referring an application to any municipal, provincial,
federal, or inter-jurisdictional department or any other
agency or body; and
(c)
Considering and approving a development permit that is
consistent with a licence, permit, approval, or other
Brazeau County
6
authorization granted by either the Alberta Energy
Regulator (AER) or Natural Resources Conservation Board
(NRCB).
(d)
Referring any development permit application decision to
MPC.
2.3 Subdivision Authority
In accordance with Sections 623(1) and 623(2) of the MGA, the
Subdivision Authority for Brazeau County is the MPC established by
Bylaw pursuant to the MGA.
2.4 Subdivision and Development Appeal
Board
The SDAB for Brazeau County, as established through the Brazeau
County Subdivision and Development Appeal Board Bylaw, shall
perform the duties and functions as described in the Bylaw and the
MGA.
The SDAB shall review all appeal applications within its jurisdiction
for development permit appeals, stop order appeals, and
subdivision application appeals.
2.5 Municipal Planning Commission
The Municipal Planning Commission (MPC) is established by the
Municipal Planning Commission Bylaw.
The MPC shall perform such duties as are specified within this
Bylaw and as specified in the Municipal Planning Commission
Bylaw.
The MPC shall:
(a)
Decide upon all development permit applications referred
to it by the Development Officer; and
(b)
Perform such other duties as described in this Bylaw, the
Municipal Planning Commission Bylaw, or as may be
assigned to it by Council.
2.6 Decision-Making Structure
The Development Officer shall be responsible for making decisions
on all development permit applications involving permitted uses.
Any discretionary use, permitted use with a variance to a setback
over fifty percent (50%) or a variance to any other development
regulation shall be referred to the MPC.
The MPC shall be responsible for making decisions on all
subdivision applications.
Any refusal of a development permit being recommended by a
Development Officer shall be directed to MPC for making the
decision.
Land Use Bylaw 1002-18
7
3
DEVELOPMENT PERMIT
PROCESS
3.1 Control of Development
No person shall commence or undertake development unless an
application for it has been approved and a development permit has
been issued, except as designated in Section 3.2 of this Bylaw.
In addition to meeting the requirements of this Bylaw, it is the
responsibility of the applicant to ensure and obtain other safety
code approvals or licences that may be required by other regulatory
departments or agencies.
Development permits shall be in conformance with the Public
Works Minimum Design Standards as required by the Development
Authority.
3.2 Development Not Requiring a
Development Permit
The following developments do not require a development permit
but must otherwise comply with all other provisions of this Bylaw:
(a) Maintenance or repair of a building that does not involve
structural alterations and does not change the use, intensity of
use or footprint of the building, as long as it does not
contravene Section 643 of the MGA;
(b) Alterations including tenant improvements in a multi-tenancy
building;
(c) Construction, maintenance, repair, or any combination of
them, of public works, services and utilities completed by or on
behalf of federal, provincial or municipal public authorities on
land which is publicly owned or controlled;
(d) Agricultural, Extensive Development;
(e) Development specified in Section 618 of the MGA, which
includes:
(i) A highway or road;
(ii) A well or battery within the meaning of the Oil and Gas
Conservation Act;
(iii) A pipeline or an installation or structure incidental to the
operation of a pipeline;
(iv) Any other action, person, or thing specified by the
Lieutenant Governor in Council by regulation; or
(v) An area of Crown land designated by the Minister
responsible for the Public Lands Act in a municipal district.
(f) Accessory Structures:
(i) In all Districts:
(1) An Accessory Structure less than 16.8 m2 (181 ft2) in
floor area;
(2) Up to two (2) tarp structures under 40.0 m2 (431 ft2)
in size;
(3) Satellite dishes no greater than 0.9 m (3 ft) in
diameter that are attached to a building;
(4) Decks (not covered); or
Brazeau County
8
(5) Play structures less than 4.6 m (15.0 ft) in height.
(ii) In Agricultural Districts:
(1) The erection or construction of a farming operation
identification sign;
(2) Inside of named subdivisions, the construction of any
agricultural accessory structure to be used in
conjunction with a farming operation with a floor area
of no more than 225.0 m2 (2,422 ft2) including but not
limited to pole sheds, animal shelters, equipment
storage, granaries, silos, tarp structures, and hay
shelters; this does not include buildings with any
residential occupancy;
(3) Within the Agricultural Holdings District, outside of
named
subdivisions,
the
construction
of
any
agricultural accessory structure to be used in
conjunction with a farming operation with a floor area
of no more than 450.0 m2 (4,844 ft2) including but not
limited to pole sheds, animal shelters, equipment
storage, granaries, silos, tarp structures, and hay
shelters; this does not include buildings with any
residential occupancy;
(4) Within the Agricultural District, outside of named
subdivisions, the construction of any agricultural
accessory structure to be used in conjunction with a
farming operation, including but not limited to pole
sheds, animal shelters, equipment storage, granaries,
silos, tarp structures, and hay shelters; this does not
include buildings with any residential occupancy;
(5) Stockpiling of soil; and
(6) The operation of an Animal Service Facility for the sole
purpose of equine training and/or canine training, this
does not include the treatment, boarding, commercial
breeding or grooming of animals for retail sales of
associated products.
(g) Care Facilities:
(i) Foster homes approved by the Province; and
(ii) Daycare or elder care centres, day nurseries, family day
homes, childcare, kindergartens, nursery schools and play
schools for six (6) or less persons.
(h) Demolition/Removal:
(i) Demolition or removal of a structure if a development
permit has been approved for a new development on the
same site and where demolition or removal is a condition
of that permit; and
(ii) No development permit is required for the demolition or
removal of a structure in the Agricultural Districts.
(i) Fencing, Entrance Features and Ornamental Gates:
(i) Ornamental gates or entrance features;
(ii) Within Residential Districts the erection or construction of
fences, walls or other means of enclosure in the rear and
side yards of up to 2.13 m (7 ft) and 0.9 m (3 ft) in front
yards;
(iii) Within Agricultural Districts the erection or construction of
any fences, walls or other means of enclosure less than
2.7 m (9 ft) in height provided that such fences, gates or
Land Use Bylaw 1002-18
9
other means of enclosure do not impede vehicular sight
lines upon roads; and
(iv) Fencing within the Commercial, Rural Industrial, and Light
Industrial Districts less than 2.4 m (8 ft) in height.
(j) Landscaping:
(i) Clock towers, monuments, sculptures, federal, provincial
or municipal flags, and similar aesthetic enhancements
not in a Residential District; and
(ii) Landscaping, retaining walls, pathways and driveways
where the existing grade and surface drainage pattern is
not significantly altered and will not create off-site impacts,
provided that there is no reduction in the amount of
landscaping required by this Bylaw.
(k) Man-made Water Features:
(i) Man-made water features that include an area less than
1000.0 m2 (10,764 ft2) within the Agricultural Districts and
less than 500.0 m2 (5,382 ft2) in all other Districts.
(l) Signs:
(i) Non-illuminated signs not exceeding 3.0 m2 (32 ft2) in sign
area. Except for "No Trespassing", "No Hunting" or similar
type warning signs, there shall be a limit of two (2) such
signs per lot without a development permit; and
(ii) Signs in relation to the function of local authorities, utility
boards, or other public or quasi-public bodies.
(iii) A sign requiring approval from Alberta Transportation.
(m) Site Grading:
(i) Site grading must meet the requirements of Section 8.19
and requires a development permit unless:
(1) It is undertaken in accordance with an approved
development agreement with Brazeau County for
public utilities or roads;
(2) It is part of a development that includes an approved
lot grading plan;
(3) It is undertaken in the Agricultural Districts; or
(4) It is undertaken in any other district, up to a maximum
volume of 250.0 m3 (8,828 ft3).
(n) Solar Collectors:
(i) The erection and operation of a solar collector in all
districts except within Hamlet boundaries.
(o) Storage Containers:
(i) Within the Agricultural District.
(p) Telecommunication Towers
(i) Any tower 14.9 m (49 ft) or less in size for non-commercial
use. All larger towers must comply with the County Towers
Policy.
(q) Temporary Structures:
(i) A
temporary
polling
station,
election
official's
headquarters, candidate's campaign office, or any other
temporary structure for a federal, provincial, or municipal
election, referendum, or census; and
Brazeau County
10
(ii) A temporary structure, including a Surveillance Suite,
required for the erection, maintenance, or alteration of an
approved development if removed within thirty (30) days
of project completion. If the temporary structure is
intended to remain beyond thirty (30) days, a development
permit shall be required and the temporary structure shall
be considered an accessory structure and subject to the
requirements of that District.
(r) Trapping:
(i) All types of trapping regulated by the Province.
(s) Tree Clearing:
(i) In all districts except where it is located within a setback
from a Hazardous Area as identified within Section 8.12;
(ii) Except within 30 m (98 ft) of waterbodies, the crest or toe
of slopes over thirty percent (30%) or within the flood plain
of a named watercourse; and
(iii) Does not include a commercial logging operation, which is
considered a natural resource extraction use and requires
a development permit.
(t) Utilities:
(i) Utility services underground or in a registered right of way;
and
(ii) On-site private sewage disposal systems and water supply
systems which shall be contained within the parcel
boundaries.
3.3 Development Permit and Agreement
Fees
All fees and charges under and pursuant to development permit
and subdivision applications, appeals, statutory plans, Bylaws, and
this Bylaw, and any amendments to them shall be as established
by Bylaw of Council.
3.4 Requirements for Development
Permit Applications
General Requirements
All applications for a development permit shall be made to the
Development Authority in writing on the application provided by
Brazeau County, and shall:
(a)
Be signed by the registered owner or his or her agent
where a person other than the owner is authorized by the
owner to make the application. The correctness of the
information supplied shall, when required by the
Development Authority, be verified by a statutory
declaration;
(b)
State the proposed use or occupancy of all parts of the
land and buildings and provide any other information as
may be required by the Development Authority;
(c)
Estimated cost of the project, excluding land prices, and
(d)
Include site plans in duplicate at a scale satisfactory to the
Development Authority, showing the following:
(i)
North arrow;
Land Use Bylaw 1002-18
11
(ii)
Legal description of the parcel;
(iii) Location of principal structure and other structures
including Accessory Structures, Fences, driveways,
paved areas, and major landscaped areas, including
buffering and screening areas where provided;
(iv) Outlines of the roof overhangs on all structures;
(v)
Front, rear, and side yard setbacks;
(vi) Access and egress points to and from the parcel; and
(vii) On a vacant parcel in a residential land use district,
the suggested location for a future driveway and
garage or carport, if the application itself does not
include such buildings as part of the proposal.
(e)
At the discretion of the Development Authority, site plans
may also be required to show any or all of the following:
(i)
The provision of off-street loading and vehicle
parking;
(ii)
The exterior elevations of all buildings showing
height, horizontal dimensions and finishing materials
of all buildings, existing and proposed;
(iii) A lot grading plan indicating, but not limited to the
elevation of the parcel at all corners and the grade at
all corners of the proposed development as well as
the grades of the adjacent streets, lanes and sewers
servicing the parcel;
(iv) Stormwater plan;
(v)
The location of existing and proposed municipal and
private local improvements as well as a cost and time
estimation of the installation of these improvements;
and
(vi) The lowest finished floor elevation in either the
basement or main floor in the principal and
Accessory Structures where applicable.
(f)
Be accompanied by an electronic copy, in a format
acceptable to the Development Authority, of all plans and
drawings;
(g)
Include a Real Property Report to verify compliance of all
existing and proposed buildings with this Bylaw;
(h)
Include a current Certificate of Title from the Land Titles
Office;
(i)
Indicate authorization by all registered owners where there
is more than one registered owner;
(j)
Be signed with the corporate seal or include verification of
corporate signing authority, where the registered owner is
a corporation; and
(k)
Provide any other pertinent information required by the
Development Officer respecting the parcel or adjacent
lands.
As part of the development permit application, the Development
Authority may require the applicant to provide written consent to
enter upon the subject property to verify compliance of all existing
and proposed development(s) with this Bylaw.
The Development Authority may require a complete Hydrological
Ground Water Impact Report for any commercial, industrial, or
multi-parcel development.
When, in the opinion of the Development Officer, sufficient details
of the proposed development have not been included with an
application for a development permit, the Development Officer may
Brazeau County
12
return the application to the applicant for further details. The
returned application shall not be determined to be in its final form
until all required details have been submitted to the satisfaction of
the Development Officer. Should the municipality deem the
submitted application incomplete, the Development Officer may
issue a notice acknowledging the application is incomplete.
Where an incomplete application has been submitted, and notice
has been provided, the Development Authority shall hold the
application for twenty (20) days. If the applicant fails to collect the
incomplete application within this period, the Development
Authority shall return a copy of the application by post and retain
all fees associated with the application.
Direct Control District Requirements
In the case of a development permit application made pursuant to
a Direct Control district, all requirements and procedures
pertaining to the development permit application will be at the
direction and to the satisfaction of Council.
In determining the development permit application requirements
and procedures pursuant to a Direct Control district, Council may
consider and be guided by the provisions outlined in this Section
and may require the applicant to submit any or all of the following
for the purpose of relating any proposal to the growth of Brazeau
County:
(a)
An explanation of the intent of the project.
(b)
The features of the project that make it desirable to the
general public and Brazeau County. This is to include an
evaluation of how the project may contribute to the present
and projected needs of Brazeau County as a whole.
(c)
An economic analysis of the proposal's anticipated
economic impact on the municipality.
(d)
A detailed development scheme containing the following
information:
(i)
Location of all proposed buildings;
(ii)
Elevation and architectural treatment of all
buildings and associated structures;
(iii)
Proposed servicing scheme and its relationship to
Brazeau County's existing and/or proposed
servicing plans;
(iv)
Anticipated
scheduling
and
sequence
of
development;
(v)
Mechanisms by which conformance to the plan
will be ensured, such as through a combination of
caveats, easements, service agreements and
performance bonds;
(vi)
Details of all earthwork and tree removal;
(vii)
All yard setbacks, parcel coverage, parcel areas,
floor areas, sizes of parcels, and number of
parking stalls; and
(viii)
Such additional requirements as are determined
necessary by Council with regard to the nature of
the proposed development and the surrounding
use(s) that may be affected.
Land Use Bylaw 1002-18
13
3.5 Requirement for Special Applications
Natural Resource Extraction and Processing Requirements
All Natural Resource Extraction and Processing uses, or an
expansion to an existing operation will be required to include plans
and a description demonstrating the following:
(a)
Copies of all relevant provincial and federal approvals and
permits;
(b)
Site plan of the proposed development area, showing the
area and dimensions of the area of extraction as well as
the proposed location of any stock pile;
(c)
Existing site conditions (including topography, vegetation,
water courses, soil and water table profiles, etc.);
(d)
Site grading and drainage plan (when the extraction
affects existing drainage patterns);
(e)
Setbacks to all municipal roads, and to all property
boundaries;
(f)
Location and distances to all adjacent residences in the
vicinity;
(g)
Copy of Development and Reclamation Plan including
post-extraction conditions and the proposed end use;
(h)
The costs required to reclaim the site for post-extraction
use;
(i)
Proposed extraction, operation, staging (including years,
dates, proposed hours of operation), and the life span of
the operation (if known);
(j)
Proposed access, hauling activities and routes (for
developments
requiring
hauling
of
materials
or
equipment);
(k)
Traffic Impact Assessment if required by Alberta
Transportation or the Brazeau County Public Works &
Infrastructure Department;
(l)
The applicant may be required to host an open house, at
the discretion of the Development Authority. The open
house must be advertised in the local newspaper for at
least two consecutive weeks prior to the meeting date;
(m)
The applicant shall be required to enter into a Time
Extension Agreement to allow Brazeau County to process
the application beyond the 40-day time limit stipulated by
the MGA; and
(n)
The applicant may be required to provide additional
information outlining potential mitigation measures to
address impacts on adjacent landowners.
3.6 Notice of Proposed Development
The notices issued pursuant to Section 3.7 shall state:
(a)
The proposed use of the building or parcel.
(b)
That an application respecting the proposed use will be
considered by the Development Authority.
(c)
That any person who objects to the proposed use of the
parcel may deliver to the Development Authority a written
statement of their objections indicating:
Brazeau County
14
(i)
Their full name and address for service of any notice
to be given to them in respect of the objection; and
(ii)
The reasons for their objections to the proposed use.
(d)
The date by which objections must be received by the
Development Authority; and
(e)
The date, time, and place the application will be
considered by the Development Authority
3.7 Referrals for Development
Applications
The Development Officer may refer any development permit
application to the MPC for their review, comment and/or decision.
The Development Officer:
(a)
May refer an application to adjacent landowners;
(b)
Shall refer applications for a discretionary use or variance
over fifty percent (50%) to adjacent landowners.
The Development Authority may refer any development permit
application to another municipal department or external agency for
their review and comment. The following is a description of
mandatory referrals to external agencies:
(a)
Crown land development: When the municipality receives
a development permit application that is to be located on
Crown land or near a regionally significant or natural area,
a copy of the development permit application shall be
forwarded to the appropriate government department for
comment and recommendations;
(b)
Provincial highway network: The applicant shall be
required
to
obtain
an
approval
from
Alberta
Transportation, in the following circumstances:
(i)
Subdivision applications within 1.6 km (1.0 miles) of
a provincial highway;
(ii)
Development permit applications within 300 m (0.19
miles) of a provincial highway; and
(iii) Development permit applications within 800 m (0.5
miles) of a provincial highway intersection.
(c)
Critical wildlife, vegetation, and physical environments: To
support the preservation of land that is identified or
determined by the municipality to be a critical wildlife
habitat, vegetative area, or physical environment or both,
the Development Authority may refer any development
permit application that may adversely affect the subject or
adjacent property to the appropriate government
department for comments and recommendations;
(d)
Alberta Energy Regulator (AER): The applicant shall be
required to obtain approval from the AER for developments
within 100 m (328 ft) of sour gas, gas or oil facilities in
accordance with AER regulations;
(e)
Alberta Environment and Parks (AEP): The applicant may
be required to obtain an approval from AEP/Fisheries and
Oceans Canada, subject to location of the subject property,
at the discretion of Development Authority. All
environmental
audits
and
Environmental
Impact
Assessments shall be referred to AEP for review and
comment;
(f)
Alberta Health: The applicant may be required to obtain an
approval from Alberta Health, subject to location of the
Land Use Bylaw 1002-18
15
subject property, at the discretion of Development
Authority; and
(g)
Inter-municipal referrals: The Development Authority may
refer the application for subdivision, development permit,
and rezoning to the adjacent municipalities subject to the
following criteria:
(i)
All subdivision and development within 3.2 km (2
miles) of the corporate property line of an adjacent
urban or rural municipality shall be in accordance
with existing Intermunicipal Development Plans or
fringe area policies;
(ii)
All subdivision and development applications on
parcels within 800 m (0.5 miles) of the corporate
property line of a rural municipality where the main
use is a discretionary use; and
(iii) Notwithstanding
the
above,
subdivision
and
development proposals that may have an impact on
another municipality or that will require services from
another municipality or may have an adverse impact
on the neighboring municipality.
At the discretion of the Development Authority, interested person(s)
may be provided with an opportunity to make representation on the
application as part of the development permit application review
process.
Development permit applications for Natural Resource Extraction
and Processing will be circulated, at a minimum, to the following
recipients:
(a)
Alberta Environment and Parks (AEP);
(b)
Alberta Culture and Tourism - Historic Resources
Management Branch;
(c)
Eagle Point - Blue Rapids Parks Council if within 800 m
(2625 ft);
(d)
Adjacent municipalities if within 800 m (2625 ft) or within
the referral area of any Intermunicipal Development Plans;
(e)
Adjacent land owners within an 800 m (2625 ft) radius;
(f)
Land owners adjacent to the proposed haul route (if
applicable); and
(g)
Inter-office circulation.
The referral response time for Natural Resource Extraction and
Processing development permit applications shall be no less than
twenty eight (28) days.
3.8 Decision on Development Permit
Applications
Permitted Use Applications
Subject to Section 3.9.2, the Development Officer shall be the
approving authority for all proposed development that is listed as a
permitted use under a land use district contained in Part 9 - Land
Use Districts of this Bylaw. Any development permit application
may be referred to the MPC for decision at the discretion of the
Development Officer.
Upon receipt of a completed application for a development permit
for a permitted use, if the permitted use complies in all regards with
this Bylaw the Development Officer shall approve the application,
with or without conditions. The Development Authority may
Brazeau County
16
approve the application with or without conditions if the application
requires variances, subject to Section 3.9.
Discretionary Use Applications
Development permit applications for all discretionary uses under
land use districts contained in Part 9 - Land Use Districts of this
Bylaw shall be referred to the MPC for their review and decision.
In considering an application for Natural Resource Extraction and
Processing, the Development Authority may have additional regard
for:
(a)
The general purpose of the surrounding land uses;
(b)
The future use of the site as proposed in a reclamation
plan;
(c)
The provisions of the Municipal Development Plan and any
relevant statutory plan;
(d)
The hours of operation;
(e)
Relevant guidelines and conditions of operation and
approval from the provincial authority, the federal
authority, or both having jurisdiction;
(f)
Conservation and replacement of topsoil for future
agricultural use, planting of native and/or agricultural
plant species to suppress invasive plant species, and a
Weed Management Plan for disturbed areas;
(g)
Conservation of designated historical resources;
(h)
Conservation of trees and maintenance of habitat;
(i)
Conservation of environmentally significant and sensitive
areas;
(j)
Conservation of watercourses and waterbodies;
(k)
The safety and the potential nuisance effect on adjacent
properties; and
(l)
Potential impacts, if applicable, on adjacent municipality
uses.
Direct Control District Applications
Upon receipt of a completed application for a development permit
pursuant to a Direct Control District, the Council may, and prior to
making a decision, refer the application to the Development
Authority or any municipal department or external agency for
comment.
Prior to deciding upon the development permit application before
it, Council may provide public notice, through means and to whom
it considers necessary, that a decision on a development permit
pursuant to a Direct Control District is to be made and that Council
may afford an opportunity to any interested person to make
representation on the application and shall take into account any
such representations made when giving final consideration to the
said application.
The Council may approve, with or without conditions, or refuse the
application, giving reasons for the refusal.
Temporary Use Approval
Where a development is not required on a permanent basis, the
Development Authority may approve the proposed development
permit for a specified period of time. The expiry date of all
Land Use Bylaw 1002-18
17
temporary development permits shall be clearly indicated on the
notice of decision.
3.9 Variance Provisions
The Development Authority may approve an application for a
development
permit,
notwithstanding
that
the
proposed
development does not comply with this Bylaw if, in the opinion of
the Development Authority, the proposed development would not:
(a)
Unduly interfere with the amenities of the neighborhood;
(b)
Materially interfere with or affect the use, enjoyment, or
value of the neighboring properties; and
(c)
The proposed development conforms to the use
prescribed for the land or building in this Bylaw.
In approving an application for a development permit the
Development Authority shall adhere to the general purpose and
intent of the appropriate land use district and to the following:
(a)
A variance shall be considered only in cases of
unnecessary hardship or practical difficulties particular to
the use, character, or situation of land or building that are
not generally common to other land in the same land use
district;
(b)
A Development Officer shall have discretion for approving
up to a fifty percent (50%) variance for setbacks on
permitted use development permits;
(c)
A Development Officer shall refer development permit
applications for permitted uses with a variance to a
setback over fifty percent (50%) or a variance to any other
development regulation to the MPC;
(d)
The Municipal Planning Commission may approve an
application for a development permit, with or without
conditions for a discretionary use or a permitted use
requiring a variance in excess of the Development Officer's
authority in any district; and
(e)
Subject to Section 3.9.1, the Municipal Planning
Commission
may
approve
an
application
for
a
development permit for:
(i)
A discretionary use;
(ii)
A permitted use that requires a variance to a setback
in excess of 50%;
(iii) Any use that requires a variance to a development
regulation; or
(iv) A non-conforming building.
3.10 Deemed Refusal
In accordance with the MGA, an application for a development
permit shall, at the option of the applicant, be deemed to be
refused when the decision of the Development Authority is not
made within forty (40) days of the completed application being
received by the Development Authority, unless an agreement to
extend the forty (40) day period herein described is established
between the applicant(s) and the Development Authority.
3.11 Notice of Decision
A notice of decision shall be mailed to the applicant at the address
provided on the application form or such other address as provided
in writing by the applicant.
Brazeau County
18
A development permit does not come into effect until fifteen (15)
days after a notice of decision is communicated. Any development
proceeded with by the applicant prior to the expiry of this period is
done solely at the risk of the applicant.
The Development Authority, in its sole discretion, may cause a
notice of decision to be:
(a)
Published in a newspaper circulating in the area; or
(b)
Published on the County website; or
(c)
Be mailed to the directly adjacent landowners.
Further to Subsection 3.11.3, the Development Authority may
provide further notice if determined necessary.
The Development Authority may notify only the applicant and
landowner of the subject property of development permits issued
for permitted uses where the proposed development is in
conformance with this Bylaw.
Where an application for a development permit has been refused,
the notice of decision need only be sent by mail to the applicant.
Where an appeal is lodged against a notice of decision of the
Development Authority, the Subdivision and Development Appeal
Board, or the Alberta Court of Appeal, a development permit shall
not come into effect until the appeal has been finally determined.
3.12 Development Permit Conditions
General Conditions for All Development Permits
A Development Authority may impose conditions on the approval of
a permitted use to ensure compliance with this Bylaw and Brazeau
County's Minimum Design Standards for Development.
A Development Authority may impose such conditions as a
Development Officer deems appropriate for the approval of a
discretionary use or where a variance has been granted. This
includes limitations on the hours of operation of any discretionary
use.
A Development Authority may impose a condition on the approval
of any use requiring the applicant to do any one or more of the
following:
(a)
Pay any off-site levy or enter into an agreement with
Brazeau County to construct or pay for the construction or
upgrading of public roads, walks and utilities necessary to
serve the development or both;
(b)
Provide a guaranteed security to ensure that all on-site
servicing, including surface drainage, is constructed to the
satisfaction of the County;
(c)
Require a guaranteed security to ensure the terms of any
conditions are carried out.
Land Use Bylaw 1002-18
19
Conditions for Natural Resource Extraction and Processing
Permits
The Development Authority should impose the following conditions
for approval of development permit applications for Natural
Resource Extraction and Processing:
(a)
Development Agreement (where applicable);
(b)
Time restrictions on the duration of the development (i.e.
- development permits may be subject to renewal);
(c)
Screening of the operation from residential areas by
means of berms, landscaping, or other means;
(d)
Hours of operation;
(e)
Dust control;
(f)
Noise control;
(g)
Road Use Agreement;
(h)
Safety and traffic signage; and
(i)
Weed Management Plan (where applicable).
3.13 Validity of Development Permits
A development permit is invalid where:
(a)
A time limit, established as a condition by the Development
Authority, has elapsed or expired;
(b)
The permit has been suspended or cancelled pursuant to
Section 3.16; or
(c)
The approved structure(s) has not commenced within
twelve (12) months from the date of issuance and been
completed within twenty-four (24) months; except for a
residential and accessory structure(s) in the Agricultural
District where a structure(s) must commence in twelve
(12) months and be completed in five (5) years.
3.14 Extension of Development Permits
A one year extension may be granted to commence or complete
construction of the structure(s).
Applicants can apply for two (2) one (1) year extensions.
3.15 Resubmission Interval
If an application for a development permit is refused by the
Development Authority or on an appeal to the Subdivision and
Development Appeal Board, the Development Authority may refuse
to accept subsequent development permit applications for the
same or similar use on the same parcel for a period of twelve (12)
months from the date of refusal unless in the opinion of the
Development Authority:
(a)
The reasons for refusal have been adequately addressed;
or
(b)
The circumstances of the application have changed
significantly.
3.16 Withdrawal, Suspension or
Cancellation of Permits
The Development Authority may suspend or cancel the notice of
decision or the development permit by notice, in writing, to the
Brazeau County
20
holder of the permit if, after a development permit has been issued,
the Development Authority becomes aware that:
(a)
The application for the development contains a
misrepresentation;
(b)
Facts concerning the application or the development were
not disclosed which should have been disclosed at the
time the application was considered;
(c)
The development permit was issued in error; or
(d)
The conditions of development approval are not complied
with in a satisfactory manner.
If a person fails to comply with a Stop Order under Section 645 of
the MGA, the Development Authority may suspend or cancel any
existing development permit by notice, in writing, to the holder of
the permit.
When, in the opinion of the Development Officer, sufficient details
of the proposed development have not been included with an
application for a development permit, the Development Officer may
refuse to accept the application.
An application shall not be determined to be in its final form until
all required details have been submitted to the satisfaction of the
Development Officer. Should the municipality deem the submitted
application incomplete, the Development Officer may issue a
notice acknowledging the application is incomplete within 20 days
of receipt of the application. If no notice is sent within 20 days, the
application shall be deemed complete.
Where notice of an incomplete application has been sent by the
Development Officer, the application shall be held for twenty (20)
days in order to provide the opportunity for the required information
to be submitted. If the applicant fails to complete the application
within this period, the Development Officer shall deem the
application refused.
Upon mutual agreement of the Development Officer and the
applicant, a time extension agreement may be entered in to
allowing for additional time to submit any outstanding
requirements of an incomplete application.
3.17 Certificate of Compliance
A Development Officer shall, upon application, issue a Certificate
of Compliance stating whether the completed development
conforms to the setbacks of this Bylaw as shown on a Real Property
Report (RPR). The Certificate of Compliance will assess previous
permits and the setbacks of buildings or other improvements
shown on the RPR.
An application for a Certificate of Compliance shall include
sufficient information to determine conformance with this Bylaw
including:
(a)
Application fee required by the County Schedule of Fees
Bylaw;
(b)
Legal description and property address; and
(c)
A minimum of two (2) original copies of a RPR prepared by
an Alberta Land Surveyor, dated less than six (6) months
from the date of application, showing the details of the
development and the relation to the property boundaries.
If the RPR is older than six (6) months, but newer than five
(5) years, a statutory declaration must also be submitted
by the land owner which states that nothing on the
property has been changed since the RPR was prepared.
Land Use Bylaw 1002-18
21
The Development Authority shall not issue a Certificate of
Compliance if the necessary information with respect to the
development has not been included with the application. The
application shall be deemed incomplete until all the required
information has been submitted.
In preparing the Certificate of Compliance, the Development
Authority shall rely on a Real Property Report (RPR) and is not
required to undertake independent site inspections. The
Development Authority shall not be liable for any changes arising
from the use of a Certificate of Compliance where the errors are
the result of incorrect or incomplete information provided by the
surveyor or an inaccurate or incomplete statutory declaration.
The Development Authority may accept locations of structures or
improvements on lands shown on an RPR as compliant, without
requiring a new development permit, provided there is a previously
issued and valid development permit for the structure and the
variance of the current location does not exceed 20% of the
approved location.
Brazeau County
22
4
SUBDIVISION PROCESS
4.1 Requirements for Subdivision
Applications
The applicant shall be responsible for the following:
(a)
All applicable fees according to the Schedule of Fees
Bylaw. These include, but are not limited to, application,
mapping, administration, and endorsement fee;
(b)
Payment of any Off-site Development Levy or Connection
Fee; and
(c)
All legal, engineering, and evaluation costs related to the
application and approval of the proposed subdivision.
Subdivision Application Requirements
The Subdivision Authority should consider the subdivision of lands
using bio-physical, site assessment, and siting criteria from the
Municipal Development Plan,, to evaluate:
(a)
The capability [Land Suitability Rating System (LSRS), soil,
water, topography, land ownership patterns etc.] of the
land to support the proposal;
(b)
The type, size, scale, site design, density, and potential
impact the proposed activities may have on the adjacent
and vicinity lands;
(c)
Environmental factors, both on and off-site, including the
air quality, surface water, and ground water hydrology;
(d)
The suitability of the building site, access, site servicing
requirements, and the potential impacts on the municipal
infrastructure;
(e)
Other factors that the Subdivision Authority deems
appropriate; and
(f)
Compliance with provincial legislation and regulations.
The Subdivision Authority may require the applicant to provide
plans, studies, or reports or any or all of them to assist in the
evaluation of the proposal.
Notwithstanding the above, the applicant may be required to obtain
approvals from provincial agencies.
The applicant must provide at a minimum the following
information:
(a)
A completed application for subdivision;
(b)
A legible hand drawn tentative plan for a subdivision of up
to four (4) parcels;
(c)
A tentative plan prepared by an Alberta Land Surveyor for
a subdivision of more than four (4) parcels;
(d)
Current Certificate of Title dated less than fourteen (14)
days before the application date;
(e)
An administration fee as set by the Schedule of Fees
Bylaw; and
(f)
Any other information deemed necessary by the
Subdivision Authority.
Land Use Bylaw 1002-18
23
Applications for new phases in a subdivision will not be considered
until previous phases have received a Final Acceptance Certificate
(FAC).
If the Subdivision Authority determines that the application is
complete, a subdivision complete application letter will be issued
to the applicant within 20 days of the decision.
4.2 Decision on Subdivision Applications
The County may use the recommendations of an environmental
audit or Environmental Impact Assessment as a basis for
comments to the Subdivision Authority in recommending to
approve, approve with conditions, or refuse an application for
subdivision.
An applicant for subdivision may appeal a decision from the
Subdivision Authority to the SDAB or MGB in accordance with the
MGA.
4.3 Subdivision Approval Conditions
The Subdivision Authority may amend, remove or add to any of the
conditions listed within this section as needed on a case-by-case
basis.
All subdivision conditions must be fulfilled within twelve (12)
months of date of subdivision approval, unless an extension is
granted as per Section 657(6) of the MGA.
The applicant shall enter into a development agreement, in a form
satisfactory to the County, to do any or all of the things referenced
in Section 655(1)(b) of the MGA. This development agreement may
include, but is not limited to:
(a)
Suitable access to each parcel constructed to County
standards;
(b)
Water;
(c)
Sewage disposal;
(d)
Public transportation operated by or on behalf of the
municipality;
(e)
Irrigation;
(f)
Drainage;
(g)
Fuel;
(h)
Electric power;
(i)
Heat;
(j)
Waste management;
(k)
Telecommunications;
(l)
Traffic control signs;
(m)
Subdivision entrance signs;
(n)
Street names and rural addressing;
(o)
School Division bus signage installed at the entrance of the
subdivision; and
(p)
Provisions that the County must approve all infrastructure,
signage, street names, and rural addressing prior to
installation or plan endorsement.
Brazeau County
24
Pursuant to Section 662 of the MGA, road widening adjoining all
municipal road allowances may be required and may be registered
through caveat or road plan.
The Subdivision Authority may require a restrictive covenant be
placed on any residential lots:
(a)
Restricting sub-grade development or any other restriction
required as per any report prepared by a qualified
registered professional as required by the County;
(b)
Prohibiting clearing of vegetation outside of established
building
sites
except
where
required
for
weed
management, removal of hazardous trees, or selective
removal of deadfall or any or all of them;
(c)
Prohibiting the development of water wells unless a report
prepared in accordance with Section 23 of the Water Act
recommends that a water well may be approved for the
residential site; and
(d)
Restricting wastewater disposal systems to holding tanks
only on certain lots based on assessment of an on-site
Wastewater Treatment System Suitability report.
The applicant shall be required to adhere to Brazeau County's
Minimum Design Standards as applicable.
Reserve Lands
The applicant for subdivision must provide municipal, school, or
municipal and school reserve in accordance with the MGA and the
MDP.
The applicant for subdivision must provide public utility lots and
rights of way, if required, in accordance with the MGA and the MDP.
The Subdivision Authority may require the applicant to provide a
landscaped buffer area where the Subdivision Authority feels it is
necessary to limit any potential noise impact from a neighbourhood
use.
4.4 Endorsement of Subdivision
Plan of Subdivision
The applicant shall prepare and present to County staff a plan of
subdivision that:
(a)
Complies with Section 657 of the MGA;
(b)
Complies with the Land Titles Act, RSA 2000, c. L-4 as
amended;
(c)
Is acceptable in all respects to the Registrar of the Land
Titles Office of Alberta;
(d)
Shows the boundaries of the proposed subdivision,
including all approaches; and
(e)
Shows any required reserve lands or public utility lots.
Endorsement
The plan of subdivision shall not be endorsed by the Subdivision
Authority if there are any outstanding:
(a)
Property taxes on the property of the proposed subdivision;
(b)
Compensation of the items outlined in Subsection 4.1.1;
(c)
Approvals, pursuant to Section 4.3; or
(d)
Required statutory approvals.
Land Use Bylaw 1002-18
25
5
DEVELOPMENT APPEALS
PROCESS
5.1 Grounds for Appeals
In accordance with Section 685(1) of the MGA, the person applying
for the development permit or affected by the stop order under
Section 645 may appeal to the Subdivision and Development
Appeal Board, if a Development Authority:
(a)
Fails or refuses to issue a development permit to a person;
(b)
Issues a development permit subject to conditions; or
(c)
Issues an order under Section 645 of the MGA.
In addition to an applicant under Subsection (1), any person
affected by an order, decision or development permit made or
issued by a development authority may appeal to the Subdivision
and Development Appeal Board
No appeal lies in respect of the issuance of a development permit
for a permitted use unless the provisions of the Land Use Bylaw
were relaxed, varied or misinterpreted.
5.2 Procedure for Appeals
In accordance with Section 686(1) of the MGA, a person may
appeal to a Subdivision and Development Appeal Board (SDAB) by
filing a notice of the appeal, containing reasons, with the SDAB
within twenty-one (21) days;
(a)
In the case of an appeal made by a person referred to in
Section 685(1), after:
(i)
The date on which the person is notified of the order
or decision or the issuance of the development
permit;
(ii)
If no decision is made with respect to the application
within the forty (40) day period or within any
extension under Section 684 of the MGA, the date
the period or extension expires; or
(iii) In the case of an appeal made by a person referred
to in Section 685(2) of the MGA, the date on which
the notice of the issuance of the permit was given in
accordance with the Land Use Bylaw.
The SDAB must hold an appeal hearing within thirty (30) days after
receipt of a notice of appeal.
The SDAB must give at least five (5) days' notice in writing of the
hearing:
(a)
To the appellant;
(b)
To the Development Authority whose order, decision, or
development permit is the subject of the appeal; and
(c)
To those owners required to be notified under the Land
Use Bylaw and any other person that the SDAB considers
to be affected by the appeal and should be notified.
The SDAB must make available for public inspection before the
commencement of the hearing all relevant documents and
materials respecting the appeal, including:
(a)
The application for the development permit, the decision,
and the notice of appeal; or
(b)
The order under Section 645 of the MGA.
Brazeau County
26
5.3 Hearing and Decision
In accordance with Section 687(1) of the MGA, at a hearing under
Section 686, the SDAB must hear:
(a)
The appellant or any person acting on behalf of the
appellant;
(b)
The Development Authority from whose order, decision, or
development permit the appeal is made, or a person acting
on behalf of the Development Authority;
(c)
Any other person who was given notice of the hearing and
who wishes to be heard, or a person acting on behalf of
that person; and
(d)
Any other person who claims to be affected by the order,
decision or permit and that the SDAB agrees to hear, or a
person acting on behalf of that person.
The SDAB must give its decision in writing together with reasons for
the decision within fifteen (15) days after concluding the hearing.
In determining an appeal, the Subdivision and Development Appeal
Board:
(a)
Must act in accordance with any applicable Alberta Land
Stewardship Act (ALSA) regional plan;
(b)
Must comply with the land use policies and statutory plans
and the Land Use Bylaw in effect;
(c)
Must have regard to but is not bound by the subdivision
and development regulations;
(d)
May confirm, revoke, or vary the order, decision, or
development permit or any condition attached to any of
them or make or substitute an order, decision, or permit of
its own; and
(e)
May make an order or decision or issue or confirm the
issue of a development permit even though the proposed
development does not comply with the Land Use Bylaw if,
in its opinion:
(i)
The proposed development would not unduly
interfere with the amenities of the neighbourhood, or
materially interfere with or affect the use, enjoyment,
or value of neighbouring parcels of land; and
(ii)
The proposed development conforms with the use
prescribed for that land or building in the Land Use
Bylaw.
5.4 Court of Appeal
Pursuant to Section 688 of the MGA, an appeal lies to the Court of
Appeal on a question of jurisdiction or law with respect to:
(a)
A decision of the Subdivision and Development Appeal
Board; and
(b)
The Municipal Government Board on a decision of an
appeal under Section 619 of the MGA, an inter-municipal
dispute under Division 11 of the MGA, or a subdivision
appeal.
An application for leave to appeal must be filed with the Court of
Appeal within thirty (30) days after the issue of the decision sought
to be appealed, and notice of the application must be given to:
(a)
Brazeau County;
Land Use Bylaw 1002-18
27
(b)
The Municipal Government Board or the Subdivision and
Development Appeal Board; and
(c)
Any other person(s) that the judge directs.
Brazeau County
28
6
ENFORCEMENT
6.1 Contravention
A Development Authority may find that a development or use of
land or buildings is not in accordance with:
(a)
The MGA or the regulations;
(b)
A development permit or subdivision approval; or
(c)
This Bylaw.
If this is the case, the Development Authority may, by notice in
writing, order the registered owner, the person in possession of the
land or buildings, or the person responsible for the contravention,
or any or all of them to:
(a)
Stop the development or use of the land or buildings in
whole or in part as directed by the notice;
(b)
Demolish, remove or replace the development; or
(c)
Take such other measures as are specified in the notice so
that the development or use of the land or buildings is in
accordance with the MGA, the regulations, a development
permit, subdivision approval, or this Bylaw, as the case
may be.
Where a notice is issued under Subsection 6.1.2, the notice may
state the following and any other information considered necessary
by the Development Authority:
(a)
An explanation of the contravention, and a statement
indicating under which provisions of this Bylaw or the MGA
the order is being carried out;
(b)
The alternatives and processes which the person
responsible for the contravention may pursue in order to
correct the contravention;
(c)
A time frame in which the contravention must be corrected
prior to Brazeau County pursuing further action; and
(d)
Advise the person of their right to appeal the notice to the
Subdivision and Development Appeal Board.
6.2 Prohibitions
No person shall contravene or permit a contravention of this
Bylaw. No person shall commence or undertake a development
that is not permitted by this Bylaw.
No person shall contravene a condition of a permit issued under
this Bylaw.
No person shall authorize or do any development that is at
variance with the description, specifications or plans that were the
basis for the issuance of a development permit. No person shall
modify any description, specifications, or plans that were the basis
for the issuance of any permit by a Development Officer.
6.3 Non-Compliance
If, after a development permit has been issued, the Development
Authority becomes aware that:
(a)
The application for the development contains a
misrepresentation;
(b)
Facts concerning the application or the development were
not disclosed which should have been disclosed at the
time the application was considered;
Land Use Bylaw 1002-18
29
(c)
The development permit was issued in error;
(d)
The application was withdrawn by way of written notice
from the applicant; or
(e)
If the condition(s) imposed in the development permit
have not been complied with.
The Development Authority may cancel, suspend, or replace as
considered appropriate, the development permit by notice, in
writing, to the holder of the permit.
A person whose development permit is cancelled, suspended or
replaced under this subsection may appeal to the SDAB in
accordance with Section 5 of the Bylaw within twenty-one (21) days
of notice of such action.
6.4 Warning Notice
A Designated Officer may issue a warning notice outlining the
nature of the violation, corrective measures that may be taken,
and the deadline for corrective measures.
6.5 Right of Entry
Where the Development Authority finds that a development is not
in accordance with:
(a)
Part 17 of the MGA, regulations thereto, or any County
Bylaw; or
(b)
A development permit;
The Development Authority may take such action as specified in
Sections 542 and 543 of the MGA.
A person making an application under this Bylaw, shall sign a
consent authorizing the right of entry by the Designated Officer to
such lands or buildings as may be required for investigation of the
proposed application.
6.6 Stop Orders
The Development Authority may act under Subsection 6.6.2
pursuant to Section 645(1) of the MGA, if a Development Authority
finds that a development, land use, or use of a building is not in
accordance with:
(a)
This section or a Land Use Bylaw or regulations under this
section; or
(b)
A development permit or subdivision approval.
If Subsection 6.6.1 applies, the Development Authority may, by
written notice, order the owner, the person in possession of the
land or building, or the person responsible for the contravention, or
any or all of them, to:
(a)
Stop the development or use of the land or building in
whole or in part as directed by the notice;
(b)
Demolish, remove, or replace the development; or
(c)
Carry out any other actions required by the notice so that
the development or use of the land or building complies
with this section, the Land Use Bylaw or regulations under
this section, a development permit or a subdivision
approval, within the time set out in the notice.
A person who receives a notice referred to in Subsection 6.6.2 may
appeal to the SDAB within 21 days after the date on which the order
is made, in accordance with Section 685 of the MGA.
Brazeau County
30
6.7 Appeal to Stop Orders
The recipient of a stop order may appeal to the Subdivision and
Development Appeal Board (SDAB).
6.8 Enforcement of Stop Orders
Pursuant to Section 646(1) of the MGA, if a person fails or refuses
to comply with an order directed to the person under Section 645
or an order of an SDAB under Section 687, the County may, in
accordance with Section 542, enter on the land or building and
take any action necessary to carry out the order.
A municipality may register a caveat under the Land Titles Act in
respect of an order referred to in Subsection 6.8.1 against the
certificate of title for the land that is the subject of the order.
If a municipality registers a caveat under Subsection 6.8.2, the
municipality must discharge the caveat when the order has been
complied with.
6.9 Offenses and Penalties
A person who contravenes or does not comply with a provision of
the MGA, the Subdivision and Development Regulation, the Land
Use Bylaw, a stop work order issued under this Bylaw, a
development permit or subdivision approval, or a decision of the
Subdivision and Development Appeal Board or who obstructs or
hinders any person in the exercise or performance of their powers
or duties is guilty of an offence and may be penalized as per Section
566 of the MGA.
Land Use Bylaw 1002-18
31
7
LAND USE BYLAW
AMENDMENT PROCESS
7.1 Procedure for Amendments
Application Requirements
A person may apply to amend this Bylaw, in writing, to the
Development Authority by completing the proper form. All
proposed amendments to this Bylaw shall be made in accordance
with Section 692 of the MGA.
As part of the application referred to in Subsection 7.1.1, the
applicant must provide the following information:
(a)
Reasons in support of the application;
(b)
The use to be made of the land that is the subject of the
application;
(c)
Reference to all utility corridors; and
(d)
The method of land servicing.
Payment and Undertaking
A person making an application to amend this Bylaw shall:
(a)
Pay Brazeau County an application fee as set by the
Schedule of Fee Bylaw.
Investigation by Development Authority
Upon receipt of an application to amend the Land Use Bylaw, the
Development Authority shall:
(a)
Initiate or carry out any necessary investigation or analysis
of the issues involved in or related to the amendment; and
(b)
Prepare a detailed report including all maps and relevant
material for Council to consider.
Procedure by Applicant
Upon receiving the preliminary advice of the Development
Authority, the applicant shall advise the Development Authority if:
(a)
The applicant wishes Council to proceed with the
amendment as submitted by the person, or an alternative
amendment proposed by Council; or
(b)
The applicant wishes to withdraw the application for an
amendment.
Review by Council
As soon as reasonably convenient, the Development Authority shall
submit the proposed amendment as originally applied for, or as
alternatively determined by the applicant in Subsection 7.1.5 as
the case may be, to Council, accompanied by the report of the
Development Authority and other relevant material, if any, and the
Council shall then consider the proposed amendment.
Brazeau County
32
Proposed Amendments may originate from Development
Authority
The Development Authority may, at any time on its own motion,
present for the consideration of Council any proposed amendment
to this Bylaw, and the proposed amendment shall be accompanied
by the report and recommendation of the Development Authority.
Amendments Proposed in Council
Council may, at any time, initiate an amendment to this Bylaw, but
prior to first reading of any proposed amendment, the proposal
shall be referred to the Development Authority for necessary
reports and recommendations.
7.2 Amendment Review Process
Council may, after administrative review, give first reading to a
Bylaw to amend this Bylaw.
Should first reading be given to a Bylaw to amend this Bylaw,
Council shall:
(a)
Establish the date, time, and place for a public hearing on
the proposed Bylaw;
(b)
Outline the procedure to be followed by anyone wishing to
be heard at the public hearing; and
(c)
Outline the procedure by which the public hearing will be
conducted.
Council may give a second and third reading to an application to
amend this Bylaw.
7.3 Advertisement Requirements
On first reading being given to a bylaw to amend this Bylaw, the
administration shall:
(a)
Arrange for notice of the public hearing to be published in
two (2) issues of a newspaper circulating in the County, the
publication date of the second issue being not less than
five (5) days prior to the commencement of the public
hearing in a manner outlined in the MGA; or
(b)
Mail a notice of the public hearing to any neighbouring land
owners within the area of influence for such notice that
shall be determined by Council resolution; or
(c)
Do both of the above; or
(d)
Given by a method provided for in a bylaw.
If the proposed amendment provides for a change of district for a
parcel, the County shall mail, not less than fourteen (14) days
preceding the date of the public hearing, notice to:
(a)
The applicant;
(b)
The registered owner(s) of the land, if not the applicant,
and the registered owner(s) of adjacent land;
(c)
If the subject amendment lands are adjacent to lands in
another municipality, notice to that municipality; and
(d)
Any other authorities or persons who, in the opinion of the
Development Authority, may be affected.
The notice of the public hearing shall contain the following
information:
Land Use Bylaw 1002-18
33
(a)
The date, time, and place of the public hearing;
(b)
The purpose of the proposed Bylaw; and
(c)
That a copy of the proposed Bylaw and any public
documents applicable to the proposed Bylaw may be
inspected at the County office during regular office hours.
7.4 Notification Hearing/Public Hearing
Where a public hearing is to take place under the provisions of
Subsections 7.2.2, 7.2.3, and 7.3.1, the Development Authority
shall provide notice of public hearing for the proposed Bylaw
amendment to the affected land owners as defined by Subsection
7.3.2.
Council shall hear anyone who has received the notice of public
hearing and who is interested in speaking at the public hearing.
7.5 Decision by Council
Council will review the application and recommendations and may:
(a)
Request further information;
(b)
Approve the proposed text amendment or redistricting as
proposed;
(c)
Approve the proposed text amendment or redistricting with
modifications within the scope of the MGA; or
(d)
Refuse the proposal.
7.6 Resubmission Interval
Where an application for an amendment to this Bylaw has been
defeated by Council, Council shall not consider another application
for the same or substantially the same amendment within twelve
(12) months of the date of the refusal unless Council otherwise
directs.
Proposed amendments to this Bylaw are subject to those
requirements and procedures set out in the MGA [Section 692]
regarding enactment of Bylaws.
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34
8
DEVELOPMENT
REGULATIONS
All development regulations shall be applicable in accordance with policies
in this section unless otherwise granted by the Development Authority in
accordance with Sections 2.1.7 and 3.9.
8.1 Abandoned Gas and Oil Wells
The purpose of establishing setbacks around abandoned well sites
is to allow for the maintenance of the well site to occur, to protect
the well site and to avoid damage to any construction or excavation
equipment that may be used in construction of buildings or utilities
on the site. Incorporating the setbacks and access area associated
with a well site into a subdivision and development proposals may
help in determining an effective subdivision design, the location of
building sites, siting of underground utilities and grading of land.
The development must be in accordance with Alberta Energy
Regulator Directive 79 and the Subdivision and Development
Regulation.
8.2 Accessory Structures
An Accessory Structure is allowed without a principal building or
use in all Districts except:
(a)
Compact County Residential District;
(b)
Hamlet Residential District;
(c)
Manufactured Home Park District; and
(d)
Tiny Dwelling District.
An Accessory Structure shall not be used for residential occupancy
unless it is an approved secondary dwelling, a Secondary Suite, or
a Surveillance Suite.
An Accessory Structure shall not be constructed over an easement
or right of way.
Accessory Structures are permitted when accessory to a permitted
use and discretionary when accessory to a discretionary use.
An Accessory Structure on a double fronting lot shall be sited as if
a front yard setback is required on both lot lines abutting roads.
8.3 Access, Parking, and Loading
Parking regulations applicable in all Districts:
(a)
Vehicle access to municipal roads must be approved by
the Director of Public Works and Infrastructure or
designate;
(b)
In the event that all or a portion of the required off-street
parking cannot be provided on-site, the necessary
additional off-street parking may, at the discretion of the
Development Authority, be provided on lands within a
distance of 100 m (328 ft) of the site, subject to the
approval of the Development Authority and upon the terms
and conditions as set out in an agreement made between
the Developer, the Development Authority, and other
affected parties; and
(c)
On-site parking requirements for all applicable districts are
described in Subsection 8.3.4.
Land Use Bylaw 1002-18
35
Parking regulations applicable in all Commercial, Industrial and
Exclusive Districts;
(a)
Parking facilities must be adequately lit and light must be
directed in a manner that will not negatively impact
neighbouring lands;
(b)
Additional storm drainage generated by a parking facility
must be contained within the lot or directed to a County
right-of-way; and
(c)
Loading spaces must be provided for all non-residential
land uses to satisfaction of the Development Authority and
must be located on-site unless otherwise approved as per
Section 8.3.1(b).
Onsite parking standards for Apartment Buildings, include:
Onsite Parking Standards for Apartments
Studio
1 stall per unit
One bedroom
1.5 stalls per unit
Two or more bedrooms
2 stalls per unit
Guest Parking
0.1 stalls per unit
(a)
All at-grade parking is to be located at the side or rear of
the building.
Onsite parking requirements for all applicable districts are the
following:
Use
Parking Requirement
Bed and
Breakfast,
Guest Ranch
One (1) parking space per guest room.
Campground
Two (2) parking spaces per site and one (1)
per employee in attendance.
Dwelling unit
Two (2) parking spaces.
Eating and
Drinking
Establishment
One (1) parking space per four (4) seats and
one (1) parking space per employee in
attendance.
Education
Facility/ Day
Care Facility
One (1) parking space per employee in
attendance and a number of parking spaces
equal to five percent (5%) of enrolment
capacity.
Golf course
Four (4) parking spaces per hole and one (1)
parking space per employee in attendance.
Home
Occupation
Medium
One (1) parking space per non-resident
employee/business partner.
Home
Occupation
Major
One (1) parking space per non-resident
employee/ business partner
Health
Service/Health
Services Facility
One (1) parking space per 46.5 m2 (501 ft2)
floor area.
Hotel/Motel
One (1) parking space per guest room and
one (1) parking space per employee on site.
Brazeau County
36
Use
Parking Requirement
Industrial uses
One (1) parking space per employee in
attendance.
Personal
Service Facility
One (1) parking space per 46.5 m2 (501 ft2)
floor area.
Private Club,
Public and
Quasi-Public
Use,
Community
Hall, Funeral
Home,
Recreation
Service, Indoor,
and Recreation
Service,
Outdoor
One (1) parking space per four (4) seats and
one (1) parking space per employee in
attendance.
Place of
Worship
One (1) parking space per three (3) seats.
Secondary
Suite
One (1) space.
Social Care
Facility
One (1) parking space per employee in
attendance.
Retail,
commercial,
business use
One (1) parking space; per customer; per
46.5 m2 (501 ft2) floor area.
(a)
Additional Barrier Free Parking:
(i)
1 unassigned stall per 20 units - minimum of 1 unit
per use
(b)
Parking requirements not indicated above shall be
assessed and assigned at the discretion of the
Development Authority.
8.4 Adaptive Reuse of Dwelling on
Industrial and Commercial Parcels
Dwellings shall:
(a)
Already exist on the site at the time the property is
redistricted to either Rural Industrial, Light Industrial or
Commercial;
(b)
Be converted from a residential use to accommodate a
business function as a Surveillance Suite; and
(c)
Only be occupied by the landowner(s), business owner(s),
employee(s), or a caretaker of the business together with
their relatives.
8.5 Bed and Breakfasts
All Bed and Breakfasts must maintain the residential character of
the Dwelling Unit.
No more than four (4) rooms for the purposes of guests within the
Dwelling are permitted.
A Bed and Breakfast is for temporary accommodation only and
shall not exceed fourteen (14) consecutive nights.
Land Use Bylaw 1002-18
37
8.6 Building Design
In all residential districts, the exterior design, character, and
appearance of all buildings and structures within a development
must be architecturally compatible with adjacent developments.
The exterior design, character, and appearance of all buildings and
structures within a development must be consistent with and
reflect the purpose of the land use district in which the
development is located.
The exterior of Dwelling Units or Accessory Structures, must be
covered with a suitable material designed for that purpose and
includes but is not limited to stucco, brick, plastic or aluminum
siding. A suitable exterior material does not include OSB, plywood,
unfinished concrete, tar paper, or vapour barrier. Wood, other than
cedar, must be stained, painted or treated with an exterior clear
coat.
Manufactured Homes must be skirted with a suitable exterior
material designed for that purpose which does not include OSB,
plywood, tar paper or vapour barrier. Wood, other than cedar, must
be stained, painted or treated with a clear coat.
8.7 Cannabis Production and Distribution
Facilities
Cannabis Production and Distribution Facilities shall provide a copy
of the current license(s) as issued by the federal and/or provincial
government to the Development Authority with the application or
as a condition of the development permit approval.
Cannabis Production and Distribution Facilities shall meet security
and premises requirements as required under federal and
provincial legislation.
Cannabis Production and Distribution Facilities shall be designed
to minimize any exposure or disturbance to the surrounding area
including, but not limited to, noise, odour, dust, pollution, or any
other related land use nuisance effects.
On site buffering measures shall be required for all Cannabis
Production and Distribution Facilities. Buffers may include a
combination of: setbacks, landscaping, and fencing to mitigate the
impacts on adjacent lots.
Cannabis Production and Distribution Facilities shall include
equipment designed and intended to remove odours from the air
where it is discharged from the building as part of a ventilation
system.
All activities related to the Cannabis Production and Distribution
Facility shall occur within fully enclosed stand-alone building(s),
including but not limited to, storage of waste materials, loading,
receiving, and shipping of cannabis and any other goods, materials,
and supplies.
No outdoor storage of goods, materials, or supplies shall be
permitted.
On site cannabis sales shall not be permitted from any Cannabis
Production and Distribution Facility.
Hours of operation for Cannabis Production and Distribution
Facilities shall be established at the discretion of the Development
Authority.
The Development Authority shall impose a condition on any
development permit issued for a Cannabis Production and
Distribution Facility requiring that the development shall not
commence until authorized by and compliant with federal and/or
provincial legislation.
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38
8.8 Cannabis Retail Sales
Cannabis Retail Sales establishments shall be prohibited from
locating within 100.0 m (328.1 ft) of a public education facility, a
provincial health care facility, a public park, or a parcel of land that
is designated school reserve, or developed municipal and school
reserve. The 100 m separation distance shall be measured from
the closest point of the subject parcel boundary to the closest point
of another parcel boundary, and shall not be measured from the
edges of the structures.
Proximity of Cannabis Retail Sales establishments to places where
children frequently gather shall be taken into consideration by the
Development Authority when reviewing a development permit
application.
Cannabis Retail Sales establishments shall comply with the
following requirements, in addition to any other federal and/or
provincial requirements:
(a)
Establishments shall be licensed by the federal and/or
provincial government;
(b)
A copy of the license(s) for the establishments as issued
by the federal and/or provincial government shall be
provided to the Development Authority with the
development permit application or as a condition of the
development permit approval.
Hours of operation for Cannabis Retail Sales establishments shall
be from 10:00 am to 2:00 am and may be further restricted at the
discretion of the Development Authority.
The Development Authority shall impose a condition on any
development permit issued for Cannabis Retail Sales requiring that
the development shall not commence until authorized by and
compliant with federal and/or provincial legislation.
8.9 Confined Feeding Operations
Confined Feeding Operations are approved by the Alberta
Government and therefore shall adhere to all provincial regulations
pertaining to Confined Feeding Operations.
When evaluating the location of a proposed Confined Feeding
Operation the Province shall take into consideration the following
guidelines as determined by Brazeau County. Brazeau County will
be deemed to be an interested party in relation to all applications,
hearings
and
appeals
for
Confined
Feed
Operations.
Recommended setbacks for Confined Feeding Operations are:
(a)
Urban Centres (population > 500): 4.8 km (3 miles);
(b)
Urban Centres (population < 500): 4.8 km (3 miles);
(c)
Public Place: 1.6 km (1 mile);
(d)
Country Residence (farm and non-farm): in accordance
with the Agricultural Operation Practices Act (AOPA);
(e)
Surface Water: Required distance of 15.2 m (50 ft) but
recommend 91.4 m (300 ft) for enclosures, buildings and
corrals, and 30.5 m (100 ft) for catch basins or lagoons;
and
(f)
Be sited in accordance with provincial regulations. If the
Province requires larger setback distances, that distance
shall apply.
Land Use Bylaw 1002-18
39
8.10 Cynthia Solar Aquatics Sewage
Treatment Plant
When considering a subdivision or development permit application
involving land abutting the Cynthia Solar Aquatics Sewage (SAS)
Treatment Plant, the Development Authority shall impose a
minimum 30 m (98 ft) setback to the SAS from any development.
8.11 Demolition
Demolition is a permitted use in all districts.
Upon application for building demolition, the Development
Authority may require a demolition plan, detailing the following:
(a)
Footprint of building and site plan of property on which the
building is to be demolished;
(b)
Measures to be taken to ensure that the demolition is
done in a safe and efficient manner and what measures
are to be taken to ensure the disturbance and nuisances
(dust, noise, debris, traffic, etc.) as a result of the
demolition are mitigated or minimal;
(c)
Timelines for completion of demolition and site restoration
project;
(d)
Salvage operation and stockpiling of building demolition
material and fill from excavation; and
(e)
Site restoration and land reclamation upon building
demolition (filling, grading, landscaping, etc.).
8.12 Fences
Fences shall be consistent with the character and quality of the
design and materials of the principal building.
A Development Officer may require a fence to be installed where
commercial or industrial development is proposed to abut
residential development. Where noise is a potential nuisance, a
Development Officer may specify that the fence be designed to
attenuate noise.
A fence shall not be higher, measured from the ground level 0.6 m
(2 ft) inside the property line of the site, than:
(a)
2.1 m (7 ft) for the portion of a fence that does not extend
beyond the foremost portion of the building abutting the
front yard, nor beyond the foremost portion of the building
where it abuts a side yard abutting a public road other than
an alleyway;
(b)
0.9 m (3 ft) for the portion of a fence that does extend
beyond the foremost portion or portions of the building
abutting the front yard, provided that a Development
Officer may allow a fence to be erected to not more than
2.1 m (7 ft) in height if, in the opinion of a Development
Officer, it will not prejudice the safety or amenities of the
adjoining lots; or
(c)
2.4 m (8 ft) in Commercial, Rural Industrial, and Light
Industrial Districts.
Notwithstanding Subsection 8.12.3, a Development Officer may
approve a higher fence or a fence with barbed-wire or other security
features for public safety, privacy, security, or buffering reasons.
Brazeau County
40
In the case of double fronting sites, fences shall be of a height
satisfactory to a Development Officer having regard to the location
of fences in the surrounding area and the requirement for
screening.
8.13 Guest Ranches
A Guest Ranch shall be operated as an Accessory Use and shall not
change the character of the principal use of the land.
The Development Authority shall consider the following in reviewing
a development application for a Guest Ranch:
(a)
Impact of the proposed use on existing water and sewer
systems;
(b)
Consistency with other developments and land uses in the
surrounding area;
(c)
Potential traffic generation and parking needs;
(d)
Buffering or other techniques designed to limit any
interference with other uses or the peaceful enjoyment of
neighbouring parcels; and
(e)
Amenities offered that would enhance the proposed land
use.
Not more than twenty five (25) guests shall be accommodated at
any one time on site.
Eating and cooking shelters and sleeping units may be allowed as
accessory structures but shall not be used for permanent
dwellings.
8.14 Hazardous Areas
No development shall be permitted within the 1:100 year flood
plain of any permanent water course as established by AEP, unless
a Flood Hazard Study is completed showing that developable areas
can be safely created within a flood fringe area.
Notwithstanding Subsection 8.14.1, any development permit for a
structure, excluding a permanent dwelling, within the 1:100 year
flood plain of any permanent water course will be deemed
discretionary.
A Water Table Study may be requested at the discretion of the
Development Authority.
Development permit applications for proposed structures located
adjacent to slopes greater than thirty percent (30%) may be
required to provide written confirmation from a qualified registered
professional engineer that the subject site is suitable for the
proposed development. Such confirmation shall consider the
effects of the development on the stability of the slope, including
any potential mitigation measures, sediment controls for the site
and proposed structure(s) and any other matters the professional
engineer determines relevant.
A subdivision application may be subject to a Slope Stability
Assessment at the discretion of the Development Authority that
reviews the suitability of the subject site and considers the stability
of the slope greater than thirty percent (30%).
When considering a subdivision application or development permit
application involving land in or near an Environmentally Sensitive
Area and or provincially identified Environmentally Significant Area,
the Development Authority may refer the application to federal or
provincial departments and other relevant environmental agencies
for comments prior to reaching a decision.
Land Use Bylaw 1002-18
41
An application for development or subdivision upon any hazardous
area:
(a)
May be required to provide a written confirmation letter
from a qualified registered professional engineer that the
site is suitable for the proposed development; or
(b)
Shall incorporate alternate measures such as an increase
in setbacks and/or enhanced building standards excluding
the minimum setback of 6.1 m (20 ft) from a water body.
Buildings setbacks from hazardous areas shall be as follows:
(a)
Where a slope exceeds 3.0 m in rise, the minimum setback
measured from the Top of Bank Line shall be 6.1 m (20 ft);
or
(b)
A distance specified in a letter from a qualified registered
professional engineer; and
(c)
At least 6.1 m (20 ft) from a water body or the high-water
mark of the 1:100 year flood plain if known.
An application may be subject to a Slope Stability Assessment,
Biophysical Assessment, Environmental Risk Assessment or an
Environment Impact Assessment at the discretion of the
Subdivision Authority and Development Authority.
Minimum development setbacks for land adjacent to Flood Hazard
Areas shall be established in accordance with a site specific Flood
Hazard Study.
8.15 Home Occupations
No adverse variation from the external appearance and residential
character of land or buildings shall be permitted, in multi-lot
subdivisions or hamlets.
Any home occupation may be required to enter into a road use
agreement at the discretion of the development authority.
Home Occupations are responsible to conform to provincial
legislation and regulation related to the storage of hazardous
materials.
For the purposes of vehicles and employees, the limitations in
Section 8.15 apply only to those parked, operated, or employed on
the parcel of land for which a development permit has been issued.
Minor
A Minor Home Occupation does not require a development permit
if it meets the following criteria:
(a)
Have no more than two (2) Home Occupation vehicles
used in conjunction with the Home Occupation, parked
and maintained on the site.
(b)
There shall be no vehicles greater than 11,750 kg
(25,904.3 lbs) gross vehicle weight (GVW) or more than
9.1 m (30 ft) in length used in conjunction with a Minor
Home Occupation;
(c)
Be located within a structure with no exterior storage
permitted;
Brazeau County
42
(d)
Be operated by the resident(s) who permanently resides
on the subject parcel and shall employ no non-resident, on-
site employees; and
(e)
Clients and customers of a Minor Home Occupation shall
only be permitted to visit the premises between the hours
of 7:00 am to 8:00 pm.
Medium
A Medium Home Occupation requires a development permit and
shall meet all the following criteria:
(a)
Located within a structure with no exterior storage
permitted;
(b)
Shall not occupy more than thirty percent (30%) of the
gross floor area of the principal dwelling, but may be
located fully or partially in Accessory Structures;
(c)
Be operated by the resident(s) who permanently resides
on the subject parcel, and may employ no more than two
(2) non-resident on-site employees;
(d)
Clients and customers of a Medium Home Occupation
shall be permitted to visit the premises between the hours
of 7:00 am to 8: 00 pm, or as established at the discretion
of the Development Authority; and
(e)
The property of a Medium Home Occupation shall have no
more than two (2) vehicles, used in conjunction with a
Medium Home Occupation, parked and maintained on
site.
(f)
No vehicle, used in conjunction with a Medium Home
Occupation, shall have a gross vehicle weight greater than
22,600 kg (49,824.5 lbs).
Major
A Major Home Occupation requires a development permit and shall
meet all the following criteria:
(a)
Outside storage of goods, materials, commodities or
finished products shall be at the discretion of the
Development Authority;
(b)
The parking of any commercial vehicles shall not exceed a
maximum of six (6);
(c)
There shall be no vehicles over 53,500 kg (117,947 lbs)
gross vehicle weight used in conjunction with a Major
Home Occupation;
(d)
Excluding the permanent resident and the permanent
resident's family who permanently reside on the subject
parcel, a maximum of twelve (12) on-site employees may
be permitted as part of the approval and operation of a
Major Home Occupation; additional employees may be
permitted at the discretion of the Development Authority;
(e)
A Major Home Occupation must not be located on a parcel
less than 4.0 ha (9.9 ac) in size; and
(f)
Clients and customers of a Major Home Occupation shall
only be permitted to visit the premises between the hours
of 6:00 am to 8:00 pm or as established at the discretion
of the Development Authority.
Land Use Bylaw 1002-18
43
8.16 Landscaping
The Development Authority may require landscaping in Commercial
and Industrial Districts if the subject parcel is adjacent or abutting
a Residential District parcel.
Any landscaping or fencing with a height greater than 0.9 m (3 ft)
shall not be located within Sight Triangles.
Landscaping and fencing must be completed within one (1) year
after the completion of the development.
Preservation of natural tree stands along the perimeter of any
development is encouraged and will be considered by the
Development Authority when establishing landscaping provisions.
Adjacent to any apartment development, appropriate soft
landscaped open space shall be provided as a communal amenity
area to be used for preschool and school aged children in the
amount of a minimum of 2.5 m2 (27 ft2) per bedroom (excluding
the master bedroom) within the apartment.
8.17 Natural Resource Extraction and
Processing
Notwithstanding the Permitted and Discretionary uses prescribed
within the various Land Use Districts in this Bylaw, Natural
Resource Extraction and Processing is prohibited if proposed:
(a)
Within hamlets, condominium plans, and multi-parcel
residential subdivisions;
(b)
Within 800 m (2625 ft) of hamlets, condominium plans,
and multi-parcel residential subdivisions; and
(c)
With a total area, including associated activities and
operations, of less than 5.0 ha (12.4 ac) on a parcel.
The Development Authority may request a letter from a qualified
registered professional engineer, at its discretion, if the proposed
Natural Resource Extraction and Processing development is
located within 800 m (2625 ft) of an existing development sited on
or adjacent to a sloping terrain.
All conditions on an approved Development Permit must be
satisfied prior to commencing development or the Development
Permit will be cancelled.
Reclamation
Natural Resource Extraction and Processing developments must
be reclaimed to the satisfaction of the federal or provincial
authority having jurisdiction.
The Development Authority may require, as a condition of a
development permit, that the owner provide a guaranteed security
to ensure that reclamation is completed. The security may take the
following forms:
(a)
Cash to a value equal to one hundred ten percent (110%)
of the established reclamation costs; or
(b)
An irrevocable Letter of Credit having the value equivalent
to one hundred ten percent (110%) of the established
reclamation costs.
If a Natural Resource Extraction and Processing development has
already received approval from AEP and security for reclamation
has been submitted to the satisfaction of the Province, the security
required by Subsection 8.17.5 is not required.
Brazeau County
44
The owner or the applicant, based on the information provided in
the reclamation plan, shall calculate and pay the reclamation
security in accordance with provincial requirements. In the event
the owner or applicant does not complete the required reclamation
in the time specified in the approved reclamation plan and the cash
or the Letter of Credit is insufficient for the County to complete the
required work, should it elect to do so, then the owner or applicant
shall pay such deficiency to Brazeau County immediately upon
being invoiced. The County shall provide an accounting to the
owner or applicant indicating how the proceeds of the Letter of
Credit were applied, within sixty (60) days of completing the
reclamation.
A Road Use Agreement, between Brazeau County and the
applicant/owner of the natural resource extraction and/or
processing use, incorporating haul routes, maintenance, signage,
and other related clauses is required as a condition of a
development permit.
8.18 Number of Dwellings per Parcel
In all land use districts, a maximum of one dwelling unit is allowed
on a parcel of land, unless otherwise permitted by the Land Use
Bylaw.
In the Agricultural District (AG):
(a)
A second dwelling unit is a permitted use on a parcel; and
(b)
Three (3) or more dwellings on a parcel greater than 6.1
ha (15 ac) is a discretionary use.
In the Agricultural Holdings District (AGH):
(a)
A second dwelling is a permitted use on a parcel greater
than 4 ha (10 ac); and
(b)
A second dwelling is a discretionary use on a parcel less
than 4 ha (10 ac).
In the Country Residential District (CR), on a parcel less than 2 ha
(5 ac), a second dwelling is a discretionary use.
8.19 Secondary Suites
All Secondary Suites require a development permit in accordance
with the provisions of this Bylaw.
A maximum of two Secondary Suites shall be permitted on AG
parcels and AGH parcels over 4 ha (10 ac). A maximum of one
Secondary Suite shall be permitted within all other Residential
Districts.
A Secondary Suite within or attached to a Dwelling Unit shall comply
with the following:
(a)
The maximum building height shall comply with the
provisions of the district where the Secondary Suite is
proposed.
The maximum floor area of the Secondary Suite shall not exceed
fifty percent (50%) of gross floor area of the principal building.
A Secondary Suite within or attached to an Accessory Structure
shall comply with the following:
(a)
The maximum building height shall comply with the
regulations of the district where the Secondary Suite is
proposed; and
(b)
The maximum floor area of the Secondary Suite shall not
exceed seventy-five percent (75%) of the gross floor area
of the Accessory Structure.
Land Use Bylaw 1002-18
45
An application for a Secondary Suite shall comply with the yard
setbacks of the district where the Secondary Suite is proposed.
A minimum of three (3) on-site parking spaces; two (2) for the
principal building and one (1) for the Secondary Suite shall be
provided.
Minimum floor area for each District does not apply to Secondary
Suites.
8.20 Signs
Unless a sign is exempted by Section 3.2 from the requirement of
a development permit, every application for sign is considered an
Accessory Structure in each district of this Bylaw.
The Development Authority may, by notice in writing, direct the
owner to correct the condition of any sign or remove any sign within
thirty (30) days of receipt of the notice where, in the opinion of the
Development Authority, that condition or sign constitutes a
violation of this Bylaw or any permit hereunder, and has become
unsightly or is unsafe.
The Development Authority may impose conditions regarding the
quality, aesthetic character and finishing of sign construction.
Flashing, animated or interiorly illuminated signs shall not be
permitted in developments where they might, in the opinion of the
Development Authority, affect adjacent housing or residential
areas or interfere with the interpretation of traffic signs or controls.
A development permit application for a sign shall include the
following (in addition to the requirements of Section 3.4.1):
(a)
A plan showing the following construction details:
(i)
Location of the proposed signage;
(ii)
The distance to public roadways;
(iii) The distance to aerial power lines for freestanding
signs (if applicable);
(iv) The overall sign design with dimensions and total
area;
(v)
The height of the top and the bottom of sign above
the average ground level at the face of the building
or sign;
(vi) The method of illumination (if applicable); and
(vii) Such other considerations as the Development
Authority may deem to be relevant.
Neither the granting of a development permit for a sign, the
approval of any plans, or any inspections made by the Development
Authority shall relieve the owner or applicant from full compliance
with this Bylaw, or other applicable legislation.
All signs shall be kept in a safe, clean and tidy condition. The
Development Authority may require the owner or applicant to
renovate or remove the signs if they are not properly maintained.
Unless otherwise allowed in this Bylaw, no person shall attach
anything to an existing permitted sign unless a new development
permit is issued.
A freestanding sign must not exceed 6 m (20 ft) in height and a
maximum area of 2.4 m x 4.9 m (8 ft x 16 ft) or 11.2 m2 (121 ft2)
and, at the discretion of the Development Authority, may require a
structural drawing be prepared by and bear the seal of a
professional engineer.
Brazeau County
46
Signs shall not be permitted within 305 m (1001 ft) of a highway
or 800 m (2625 ft) from the intersection of two highways unless
the applicant has obtained prior approval from Alberta
Transportation, in which case setback distances do not apply.
All freestanding signs within the Commercial, Institutional, Rural
Industrial, and Light Industrial Districts must be setback from the
property line a minimum distance equal to fifty percent (50%) of
the required setback.
Freestanding signs within the Natural Resource Extraction and
Processing District must be setback:
(a)
A minimum distance of 10 m (33 ft) within the front yard
where abutting a County road; and
(b)
In accordance with Alberta Transportation's setback
requirements where abutting a highway.
The applicant shall install traffic signs within the Natural Resource
Extraction and Processing District when required by the
Development Authority.
8.21 Site Grading
Site grading is a permitted use requiring a development permit in
all districts, except as provided for in Section 3.2.1(m).
No watercourse or drainage easement may be affected and water
may not be directed onto an abutting parcel; adjacent lands may
not be deprived of water as a result of altering drainage.
None of the topsoil or fill being brought onto the site may be
contaminated with construction rubble or any hazardous
substances.
It is consistent with the Public Works Minimum Design Standards,
as required.
8.22 Solar Collectors
A solar collector is a permitted use in all districts, and shall be
deemed discretionary where not installed on an existing structure
in the Country Residential District.
A solar collector is discretionary within all Hamlet boundaries.
A solar collector may be located on a pole, wall or roof of a building
in any district.
A solar collector that is mounted on a roof with a pitch of less than
4:12 may project a maximum of 2 m (7 ft) from the surface of the
roof.
A solar collector mounted on a roof with a pitch of 4:12 or greater:
(a)
May project a maximum of 1.2 m (4 ft) from the surface of
the roof; and
(b)
Must not extend beyond the outermost edge of the roof.
A solar collector that is mounted on a wall:
(a)
Must be positioned a minimum of 2.4 m (8 ft) above grade;
and
(b)
May project a maximum of 0.6 m (2 ft) from the surface of
that wall.
Land Use Bylaw 1002-18
47
8.23 Storage Containers
Storage containers shall:
(a)
Be permitted uses in the Agricultural, Commercial, Rural
Industrial, Light Industrial, Recreation, Crown Lands,
Institutional and Natural Resource Extraction and
Processing Districts;
(b)
Be permitted uses in the Agricultural Holdings and Country
Residential Districts unless within a multi-lot subdivision or
hamlet boundary where they shall be discretionary;
(c)
Be a discretionary use within Compact Country Residential,
Hamlet
Residential,
Birchwood
Country
Condo,
Manufactured Home Park and Tiny Dwelling Districts;
(d)
Not be stacked and intended for storage purposes only;
and
(e)
Be positioned at the discretion of the Development
Authority and not exceed the total number of storage
containers established by the Development Authority.
8.24 Surveillance Suites
Surveillance Suite, Temporary includes the use of recreational
vehicles (RVs) only.
An RV used as a Surveillance Suite, Temporary shall be permitted
to on the subject parcel from April 1 to October 1.
No RV shall be stored on site when not in use as a Surveillance
Suite, Temporary.
The Surveillance Suite, Temporary must be a self-contained RV,
meaning that it is equipped with its own water storage, wastewater
holding tank(s), and cooking and washing facilities.
Disposing of wastewater and greywater on open ground or in sump
holes dug beneath the RV is prohibited. The disposal of wastewater
and greywater shall be discharged to an approved sanitary dump
station or off-site licensed facility.
Potable water must be provided by either certified bulk potable
water tanks/refilling station, or an onboard RV system filled from
approved sources.
Waste must be disposed of in animal-proof waste receptacles that
are emptied regularly or carried out of the area for disposal at
approved landfill sites, unless otherwise approved by the
Development Authority.
The number of Surveillance Suite, Temporary units on the subject
parcel shall be limited based on the demonstrated need, but shall
not exceed a maximum of five (5) units, unless otherwise approved
by the Development Authority.
8.24.9 The use of fuel generators is prohibited, unless a variance has
been requested and approved by the Development Authority.
8.25 Tiny Dwelling
A tiny dwelling shall require a development permit in accordance
with the provisions of this Bylaw.
All tiny dwellings shall be in accordance with the dwelling unit
density provisions of the appropriate land use district.
Brazeau County
48
A tiny dwelling may be considered a primary dwelling unit within the
Agricultural, Agricultural Holdings, Country Residential, Compact
Country Residential, Hamlet Residential and Birchwood Country
Condo Districts.
A tiny dwelling may be considered a secondary dwelling within
Agricultural and Agricultural Holding Districts.
A tiny dwelling, whether considered a primary or secondary dwelling
unit, shall comply with the following:
(a)
Shall be less than 74.3 m2 (800 ft2) in total floor area;
(b)
Maximum building height shall comply with the provisions
of the district where the dwelling is proposed;
(c)
Yard setbacks shall comply with the provisions of the
district where the dwelling is proposed;
(d)
Shall contain cooking, eating, living, sleeping and sanitary
facilities within the dwelling unit;
(e)
Shall be permanently constructed on a foundation or piling
system;
(f)
Shall not be constructed with an attached garage or be
connected to another dwelling unit; and
(g)
A minimum of (1) on-site parking space shall be provided.
This shall be in addition to any parking requirements for
the existing structures or operations on the subject lands.
Land Use Bylaw 1002-18
49
9
LAND USE DISTRICTS
All development regulations shall be applicable in accordance with policies
in this section unless otherwise granted by the Development Authority in
accordance with Sections 2.1.7 and 3.9.
9.1 Establishment of Land Use Districts
For the purposes of this Bylaw, the County is divided into the
following land use districts:
TEXT
DISTRICT NAME
ABBREVIATION
Agricultural
Agricultural
Agricultural Holdings
AG
AGH
Residential
Country Residential
Compact Country
Residential
Hamlet Residential
Birchwood Country
Condo
Manufactured Home
Park
Tiny Dwelling
CR
CCR
.
HR
BCC
.
MHP
TD
Commercial
Commercial
C
Industrial
Rural Industrial
Light Industrial
RI
LI
Exclusive
Recreational
Crown Land
Direct Control
Public Institutional
Urban Reserve
R
CL
DC
I
UR
TEXT
DISTRICT NAME
ABBREVIATION
Natural Resource
Extraction and
Processing
Airport Land
NREP
AL
9.2 District Boundaries
The boundaries of the districts listed in Subsection 9.1.1 are as
delineated on the Land Use District Maps attached hereto and
forming a part of this Bylaw.
Where uncertainty exists as to the boundaries of the districts as
shown on the Land Use District Maps, the following rules apply:
(a)
Where a boundary is shown as approximately following a
surveyed parcel line, it is deemed to follow the surveyed
parcel line.
In circumstances not covered by Section 9.2.1 or 9.2.2 above, the
location of the district boundary is determined:
(a)
Where dimensions are set out on the Land Use District
maps, by the dimensions so set; or
(b)
Where no dimensions are set out on the Land Use District
maps with respect to such boundary, by measurement of
and use of the scale shown on the Land Use District maps.
Roads are excluded from land use designation under this Bylaw.
Upon a road closure or change to private ownership of a railway line
or portion thereof, where the land forming the closed road or
railway line is to be consolidated with adjacent land, it reverts to
the district of the land it is to be consolidated with.
Brazeau County
50
In the event that Crown land is transferred to private ownership,
the land must be re-districted to an appropriate land use district
suitable for the proposed use.
Land Use Bylaw 1002-18
51
9.3 Summary of Permitted (P) and Discretionary (D) Uses
LAND USE DISTRICTS
AG AGH CR CCR HR BCC MHP TD
C
RI
LI R
CL
DC
I
UR NREP
AL
AGRICULTURAL USE CLASSES
Agricultural Intensive Class 1
D
Agricultural Intensive Class 2
P
P
P
Agricultural, Extensive
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Agricultural, Support Service
P
D
P
D
Animal Service Facility
P
D
D
P
D
Guest Ranch
P
D
P
P
Land Farm
D
D
RESIDENTIAL USE CLASSES
Assisted Living
D
P
Bed and Breakfast
P
P
P
D
D
D
Dwelling, Apartment
D
Dwelling, Semi-Detached
D
P
Dwelling, Single-Detached
P
P
P
P
P
P
Dwelling, Tiny
P
P
D
D
D
P
P
Dwelling, Townhouse
P
Group Home
P
P
D
D
D
P
Brazeau County
52
LAND USE DISTRICTS
AG AGH CR CCR HR BCC MHP TD
C
RI
LI R
CL
DC
I
UR NREP
AL
Home Occupation, Major
D
D
Home Occupation, Medium
P
P
P
D
D
D
D
Home Occupation, Minor
P
P
P
P
P
D
P
P
Manufactured Home
P
P
D
P
P
P
Manufactured Home Park
P
Secondary Suite
P
P
P
P
P
P
COMMERCIAL USE CLASSES
Automotive and Equipment Sales, Service
and Rental
P
P
P
D
Business Support Service
P
P
D
D
Cannabis Retail Sales
D
D
Crematory
D
D
D
Day Care Facility
P
D
D
Day Care Home
D
D
D
D
D
D
D
D
Financial, Office and Professional Service
P
D
Funeral Home
P
D
P
Health Service
P
D
P
Hotel
P
D
D
Motel
P
D
D
Land Use Bylaw 1002-18
53
LAND USE DISTRICTS
AG AGH CR CCR HR BCC MHP TD
C
RI
LI R
CL
DC
I
UR NREP
AL
Personal Service Facility
P
P
D
Recycling Depot
D
P
P
Eating and Drinking Establishment
D
P
P
D
Retail
D
P
D
D
Service Station
P
P
P
P
Warehouse Sales or Storage
D
P
P
D
INDUSTRIAL USE CLASSES
Auction Facility
D
P
D
Automotive and Equipment Repair
D
P
P
Automotive and Equipment Body Repair
D
P
P
Bulk Oil and Chemical Storage
D
Cannabis Production and Distribution
Facilities
D
D
D
Contracting Services, Major
D
D
P
D
D
D
Contracting Services, Minor
D
D
P
P
P
D
D
Industrial Use, General
P
P
D
D
Industrial Use, Heavy
D
Natural Resource Extraction
D
D
Natural Resource Processing
D
D
Brazeau County
54
LAND USE DISTRICTS
AG AGH CR CCR HR BCC MHP TD
C
RI
LI R
CL
DC
I
UR NREP
AL
Outdoor Oilfield Storage Facility
D
P
D
D
Outdoor Storage
P
D
P
P
P
P
D
D
Outdoor Storage, Temporary
P
D
P
P
P
P
P
Personal Storage Facility
P
P
P
Taxidermy
D
D
D
D
D
D
P
P
Waste Management Facility
D
Work Camp
D
D
D
D
RECREATIONAL USE CLASSES
Cabin
P
P
P
P
D
Campground, Major
P
P
Campground, Minor
D
P
P
D
Park
P
P
P
P
P
P
P
D
P
P
P
P
P
P
P
Private Club
P
P
P
D
P
D
Recreation Service, Indoor
D
D
D
P
P
Recreation Service, Outdoor
P
P
D
INSTITUTIONAL USE CLASSES
Cemetery
P
Community Hall
P
D
D
P
Land Use Bylaw 1002-18
55
LAND USE DISTRICTS
AG AGH CR CCR HR BCC MHP TD
C
RI
LI R
CL
DC
I
UR NREP
AL
Education Facility
P
Health Services Facility
D
P
Place of Worship
D
D
D
D
P
P
Social Care Facility
D
D
D
P
PUBLIC SERVICE USE CLASSES
Aerodrome
D
D
P
P
Airport
D
D
P
P
Public and Quasi-Public Use
P
P
P
P
P
P
P
P
P
D
D
P
P
P
P
Public Utility Facility
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
OTHER USE CLASSES
Accessory Structure
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Accessory Use
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Aviation Related Business
D
Hangar
P
Surveillance Suite
P
P
P
P
P
P
P
P
P
P
D
Surveillance Suite, Temporary
P
P
P
P
P
P
D
Terminal Facility
P
Brazeau County
56
10 AGRICULTURAL DISTRICTS
10.1 AG - Agricultural
Purpose
The purpose of the Agricultural District is to preserve agricultural
lands and to provide for a range of agricultural operations and
compatible uses while recognizing the need to accommodate
smaller agricultural holdings and provide a reasonable opportunity
for the subdivision of land for non-agricultural uses.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Aerodrome
Accessory Use
Agricultural Intensive Class
1
Agricultural Intensive Class 2
Airport
Agricultural, Extensive
Auction Facility
Agricultural, Support Service
Cannabis Production and
Distribution Facilities
Animal Service Facility
Campground, Minor
Bed and Breakfast
Contracting Services, Major
Cabin
Contracting Services, Minor
Dwelling, Single-Detached
Day Care Home
Dwelling, Tiny
Home Occupation, Major
Group Home
Outdoor Oilfield Storage
Facility
Guest Ranch
Place of Worship
Home Occupation, Medium
Social Care Facility
Land Use Bylaw 1002-18
57
Permitted Uses
Discretionary Uses
Home Occupation, Minor
Taxidermy
Manufactured Home
Work Camp
Outdoor Storage
Outdoor Storage, Temporary
Park
Public and Quasi-Public Use
Public Utility Facility
Secondary Suite
Surveillance Suite
Development Regulations:
Item
Regulation
Parcel Area
Min.
0.4 ha (1.0 ac) for an existing
farmstead parcel
6.1 ha (15 ac) for an agricultural
parcel
Item
Regulation
Max.
6.1 ha (15 ac) for existing
farmstead parcel
No maximum limit for an
agricultural parcel
Parcel Width
Min.
30.5 m (100 ft)
10.1 m (33 ft) frontage for a
panhandle/flag lot
Front Yard
Setback
Min.
10.1 m (33 ft) where abutting an
internal road
25 m (82 ft) where abutting a
County road where road
widening has not been
dedicated
20.1 m (66 ft) where abutting a
County road where road
widening has been dedicated
40 m (131 ft) where abutting a
highway
25 m (82 ft) where not abutting
any road
Setback at the discretion of
Development Authority for
panhandle/flag lots
Rear Yard
Setback
Min.
7.9 m (26 ft)
10.1 m (33 ft) where abutting an
internal road
Brazeau County
58
Item
Regulation
25 m (82 ft) where abutting a
County road where road
widening has not been
dedicated
20.1 m (66 ft) where abutting a
County road where road
widening has been dedicated
40 m (131 ft) where abutting a
highway
Side Yard
Setback
Min.
6.1 m (20 ft)
10.1 m (33 ft) where abutting an
internal road
25 m (82 ft) where abutting a
County road where road
widening has not been
dedicated
20.1 m (66 ft) where abutting a
County road where road
widening has been dedicated
40 m (131 ft) where abutting a
highway
Floor Area
Max.
74.2 m2 (799 ft2) maximum for
a Cabin
Land Use Bylaw 1002-18
59
10.2 AGH - Agricultural Holdings
Purpose
The purpose and intent of the Agricultural Holdings District is to
provide for a residential use on parcels which can accommodate
residential, traditional agricultural pursuits, home occupation uses,
and larger accessory structures. It also recognizes the emerging
trends towards new agricultural uses which may be successfully
developed on smaller parcels of land.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Agricultural, Support Service
Accessory Use
Animal Service Facility
Agricultural Intensive Class 2
Contracting Services, Minor
Agricultural, Extensive
Day Care Home
Bed and Breakfast
Guest Ranch
Cabin
Home Occupation, Major
Dwelling, Single-Detached
Outdoor Storage
Dwelling, Tiny
Outdoor Storage, Temporary
Group Home
Places of Worship
Home Occupation, Medium
Social Care Facility
Home Occupation, Minor
Taxidermy
Manufactured Home
Park
Public and Quasi-Public Use
Public Utility Facility
Secondary Suite
Surveillance Suite
Brazeau County
60
Development Regulations:
Item
Regulation
Parcel Area
Min.
Max.
1.62 ha (4 ac)
6.07 ha (14.99 ac)
Parcel Width
Min.
30.5 m (100 ft)
10.1 m (33 ft) frontage for the
access of a panhandle/flag lot
Front Yard
Setback
Min.
10.1 m (33 ft) where abutting an
internal road
25 m (82 ft) where abutting a
County road where road
widening has not been
dedicated
20.1 m (66 ft) where abutting a
County road where road
widening has been dedicated
40 m (131 ft) where abutting a
highway
Setback at the discretion of
Development Authority for pan
handle/flag lots
Item
Regulation
Rear Yard
Setback
Min.
8 m (26 ft)
10.1 m (33 ft) where abutting an
internal road
25 m (82 ft) where abutting a
County road where road
widening has not been
dedicated
20.1 m (66 ft) where abutting a
County road where road
widening has been dedicated
40 m (131 ft) where abutting a
highway
Side Yard
Setback
Min.
6.1 m (20 ft)
10.1 m (33 ft) where abutting an
internal road
25 m (82 ft) where abutting a
County road where road
widening has not been
dedicated
20.1 m (66 ft) where abutting a
County road where road
widening has been dedicated
40 m (131 ft) where abutting a
highway
Land Use Bylaw 1002-18
61
Item
Regulation
Floor Area
Max.
74.2 m2 (799 ft2) maximum for
a Cabin
Brazeau County
62
11 RESIDENTIAL DISTRICTS
11.1 CR - Country Residential
Purpose
The purpose of the Country Residential District is to provide for low
density multi-lot, single-detached country residential development
and is appropriate in a rural setting.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Day Care Home
Accessory Use
Dwelling, Tiny
Bed and Breakfast
Group Home
Dwelling, Single-
Detached
Manufactured Home
Home Occupation,
Minor
Taxidermy
Home Occupation,
Medium
Park
Public and Quasi-Public
Use
Public Utility Facility
Secondary Suite
Development Regulations:
Item
Regulation
Parcel
Area
Min.
Max.
0.80 ha (2.0 ac)
1.61 ha (3.99 ac) or higher at the discretion
of the Development Authority
Land Use Bylaw 1002-18
63
Item
Regulation
Parcel
Width
Min.
30.5 m (100 ft)
10.1 m (33 ft) frontage for a panhandle/flag
lot
Front Yard
Setback
Min.
10.1 m (33 ft) where abutting an internal
road
25 m (82 ft) where abutting a County road
where road widening has not been
dedicated
20.1 m (66 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) where abutting a highway
Setbacks to parcel boundaries that are
adjacent to another parcel will be
considered a side yard setback for pan
handle/flag lots
Rear Yard
Setback
Min.
8 m (26 ft)
10.1 m (33 ft) where abutting an internal
road
25 m (82 ft) where abutting a County road
where road widening has not been
dedicated
20.1 m (66 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) where abutting a highway
Side Yard
Setback
Min.
6.1 m (20 ft)
Item
Regulation
10.1 m (33 ft) where abutting an internal
road
25 m (82 ft) where abutting a County road
where road widening has not been
dedicated
20.1 m (66 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) where abutting a highway
Floor Area
Max.
233.0 m2 (2,508 ft2) for an accessory
structure
Height
Max.
9.1 m (30 ft) for all structures
Accessory
Structures
Side and rear yard setbacks not adjacent to
a road are reduced by fifty percent (50%)
Brazeau County
64
11.2 CCR - Compact Country Residential
Purpose
The Compact Country Residential District provides opportunity to
accommodate higher density residential development that should
be serviced by municipal water and sewer.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Bed and Breakfast
Accessory Use
Day Care Home
Permitted Uses
Discretionary Uses
Home Occupation,
Minor
Dwelling, Semi-Detached
Park
Dwelling, Tiny
Public and Quasi-Public
Use
Home Occupation, Medium
Public Utility Facility
Taxidermy
Secondary Suite
Dwelling, Single-
Detached
Development Regulations:
Item
Regulation
Parcel Area
Min.
Max.
464.5 m2 (5,000 ft2)
8053.2 m2 (1.99 ac)
Site Coverage
Max.
Fifty percent (50%)
Parcel Width
Min.
15.2 m (50 ft)
7.6 m (25 ft) for semi-detached
parcels only
Front Yard
Setback
Min.
10.1 m (33 ft) where abutting
an internal road
Land Use Bylaw 1002-18
65
Item
Regulation
25 m (82 ft) where abutting a
County road where road
widening has not been
dedicated
20.1 m (66 ft) where abutting a
County road where road
widening has been dedicated
40 m (131 ft) where abutting a
highway
Setbacks to parcel boundaries
that are adjacent to another
parcel will be considered a side
yard setback for
panhandle/flag lots
Rear Yard Setback
Min.
7.6 m (25 ft)
10.1 m (33 ft) where abutting
an internal road
25 m (82 ft) where abutting a
County road where road
widening has not been
dedicated
20.1 m (66 ft) where abutting a
County road where road
widening has been dedicated
40 m (131 ft) where abutting a
highway
1 m (3 ft) for accessory
structures if not abutting an
alleyway
Item
Regulation
3 m (10 ft) for accessory
structures if abutting an
alleyway.
Side Yard Setback
Min
1.5 m (5 ft)
4.6 m (15 ft) where abutting an
internal road
25 m (82 ft) where abutting a
County road where road
widening has not been
dedicated
20.1 m (66 ft) where abutting a
County road where road
widening has been dedicated
40 m (131 ft) where abutting a
highway
1 m (3ft) for accessory
structures
3 m (10 ft) for accessory
structures abutting an internal
road
Side Yard Setback
Single-Detached;
Tiny Dwelling
Min.
3.7 m (12 ft) for at least one
side yard
Side Yard Setback
- Semi-Detached
Min.
0 m (0 ft) for one side yard
Floor Area
Min.
55.7 m2 (600 ft2) for an
attached dwelling unit
Brazeau County
66
Item
Regulation
Height
Max.
9.1 m (30 ft) for all structures
Housing Density
Max. Twenty (20) parcels per hectare
(8 per acre)
Land Use Bylaw 1002-18
67
11.3 HR - Hamlet Residential
Purpose
The purpose of the Hamlet Residential District is to accommodate
residential development within designated hamlets.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Bed and Breakfast
Accessory Use
Day Care Home
Permitted Uses
Discretionary Uses
Dwelling, Semi-
Detached
Dwelling, Apartment
Dwelling, Single-
Detached
Dwelling, Tiny
Dwelling, Townhouse
Group Home
Home Occupation,
Minor
Home Occupation, Medium
Manufactured Home
Taxidermy
Park
Public and Quasi-Public
Use
Public Utility Facility
Secondary Suite
Development Regulations:
Item
Regulation
Parcel Area
Min
1858.1 m2 (20,000 ft2) for non-
serviced single-detached parcels
1393.5 m2 (15,000 ft2) for
single-detached parcels served
by municipal water only
Brazeau County
68
Item
Regulation
Parcel Area
Min.
929.0 m2 (10,000 ft2) for single-
detached parcels served by
municipal sewer only
464.5 m2 (5,000 ft2) for fully
serviced single-detached and
semi-detached parcels
185.8 m2 (2,000 ft2) for interior
townhouse dwelling units
278.7 m2 (3,000 ft2) for end
townhouse dwelling units
0.2 ha (0.5 ac) for apartment
buildings
Max.
At the discretion of the
Development Authority.
No maximum parcel area for
apartment buildings
Site Coverage
Max.
Fifty percent (50%)
Parcel Width
Min.
15.2 m (50 ft) for serviced
single-detached parcels
30.5 m (100 ft) for non-serviced
and partially serviced parcels
7.6 m (25 ft) for serviced semi-
detached parcels
6.1 m (20 ft) for serviced interior
townhouse dwelling units
Item
Regulation
9.1 m (30 ft) for serviced end
townhouse dwelling units
22.6 m (74 ft) for apartment
buildings
Front Yard Setback
Min.
6.1 m (20 ft)
Rear Yard Setback
Min.
7.6 m (25 ft)
1 m (3 ft) for accessory
structures if not abutting an
alleyway
3 m (10 ft) for accessory
structures if abutting an
alleyway
9.1 m (30 ft) for apartment
buildings
Side Yard Setback
Min.
1.5 m (5 ft)
4.6 m (15 ft) where abutting an
internal road
1 m (3 ft) for accessory
structures
3 m (10 ft) for accessory
structures abutting an internal
road
Side Yard Setback -
Apartment Building
Min.
3.7 m (12 ft)
Land Use Bylaw 1002-18
69
Item
Regulation
Side Yard Setback -
Semi-Detached and
Townhouse
Min.
0 m (0 ft) for one side yard
Floor Area
Min.
55.7 m2 (600 ft2) for a
townhouse dwelling unit
Height
Max.
15 m (49 ft) for apartment
buildings
9.1 m (30 ft) for all structures
other than apartment buildings
Density
Max.
Eighty (80) units per hectare (32
per acre) if apartment buildings
are part of the development
calculations
Twenty (20) parcels per hectare
(8 per acre)
Brazeau County
70
11.4 BCC - Birchwood Country Condo
Purpose
The purpose of the BCC District is to accommodate rural and
seasonal residential, recreational, and associated common
property development within Birchwood Country Condo District.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Bed & Breakfast
Permitted Uses
Discretionary Uses
Accessory Use
Day Care Home
Cabin
Group Home
Dwelling, Single-
Detached
Home Occupation, Minor
Dwelling, Tiny
Home Occupation, Medium
Manufactured Home
Place of Worship
Park
Private Club
Public and Quasi-Public
Use
Public Utility Facility
Secondary Suite
Development Regulations:
Item
Regulation
Parcel
Area
Min.
Max.
At the discretion of the Development
Authority.
At the discretion of the Development
Authority.
Land Use Bylaw 1002-18
71
Item
Regulation
Site
Coverage
Max.
Fifty percent (50%).
Parcel
Width
Min.
At the discretion of the Development
Authority.
Front
Yard
Setback
Min.
5 m (16 ft).
Rear
Yard
Setback
Min.
3 m (10 ft);
1.5 m (5 ft) for accessory structures.
Side
Yard
Setback
Min.
1.5 m (5 ft);
3 m (10 ft) where abutting a flanking
roadway;
1.5 m (5 ft) for accessory structures where
abutting a flanking roadway.
Height
Max.
9.1 m (30 ft) for dwellings;
5.8 m (19 ft) for an accessory structure;
Special Requirements
Notwithstanding Section 8.12, development, at the discretion of
the Development Authority, may be permitted within the 1:100 year
flood plain where the developer can demonstrate, to the standards
and guidelines of Alberta Environment & Parks, that structures can
be developed as floodproofed.
Notwithstanding Section 8.12, development of moveable
Accessory Structures may be permitted without a letter from a
qualified registered professional engineer where, in the discretion
of the Development Authority, the development does not affect the
use and enjoyment of neighbouring lands or cause detriment to the
amenities of the neighbourhood.
The applicant must submit written acknowledgement from the
Board of Directors of Birchwood Country Condo Association for a
proposed development at the time of submitting an application for
a development permit to the County.
Notwithstanding Section 8.12, the Development Authority may
require an engineered foundation for an application for any
permanent structures.
Brazeau County
72
11.5 MHP - Manufactured Home Park
Purpose
The purpose of the Manufactured Home Park District is to provide
for Manufactured Home park development.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Day Care Home
Accessory Use
Eating and Drinking
Establishment
Permitted Uses
Discretionary Uses
Business Support Services
for the operation of MHP.
The office can be a stand-
alone building or form part of
a Manufactured Home
Dwelling.
Home Occupation, Medium
Community Hall
Place of Worship
Home Occupation, Minor
Retail
Manufactured Home
Manufactured Home Park
Park
Private Club
Public and Quasi-Public Use
Public Utility Facility
Surveillance Suite
Development Regulations:
Item
Regulation
Parcel
Area
Min.
0.8 ha (2 ac)
Parcel
Width
Min.
30.5 m (100 ft)
Land Use Bylaw 1002-18
73
Item
Regulation
Front
Yard
Setback
Min.
10.1 m (33 ft) where abutting an internal
road
25 m (82 ft) where abutting a County road
where road widening has not been dedicated
20.1 m (66 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) where abutting a highway
Setback at the discretion of Development
Authority for panhandle/flag lots
Rear
Yard
Setback
Min.
8 m (26 ft)
10.1 m (33 ft) where abutting an internal
road
25 m (82 ft) where abutting a County road
where road widening has not been dedicated
20.1 m (66 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) where abutting a highway
Side
Yard
Setback
Min.
6.1 m (20 ft)
10.1 m (33 ft) where abutting an internal
road
25 m (82 ft) where abutting a County road
where road widening has not been dedicated
20.1 m (66 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) where abutting a highway
Item
Regulation
Height
Max.
One (1) storey for Manufactured Homes
Up to the height of the principal building for
Accessory Structures.
7.6 m (25 ft) or two (2) storeys - the lesser
thereof - for a Private Club
Density
Max.
Twenty (20) unit sites per hectare (8 per
acre)
Unit Site Development Regulations:
Item
Regulation
Unit Site
Area
Min.
370 m2 (3,983 ft2)
Unit Site
Coverage
Max.
Fifty percent (50%) Fifteen percent (15%) for
accessory structures and uses.
Front
Yard
Setback
Min.
3 m (10 ft)
Rear
Yard
Setback
Min.
3 m (10 ft)
Side
Yard
Setback
Min.
1.5 m (5 ft)
3 m (10 ft) abutting a flanking roadway
Brazeau County
74
Item
Regulation
Floor
Area
Min.
74.3 m2 (800 ft2) for a Manufactured Home
Height
Min.
One (1) storey for a Manufactured Home
Up to the height of the principal building for
Accessory Structures.
7.6 m (25 ft) or two (2) storeys - the lesser
thereof - for a Private Club
Special Regulations
Landscaping Requirements
(a)
A minimum of ten percent (10%) of a Manufactured Home
park area must be designated as common open space
recreation area. No portion of any unit site shall encroach
upon this open space;
(b)
Common storage areas, separate from the unit sites, shall
be required for the storage of seasonal recreational
equipment and other equipment and must be enclosed
and screened by trees, landscape features, fencing, or any
combination thereof.
Parking and Access Requirements
(a)
Refer to Section 8.3 under Development Regulations;
(b)
All sites exceeding 2.0 ha (5 ac) in size or fifty (50) units
must provide a minimum of two (2) accesses to public
roads;
(c)
All unit sites must be accessed via an internal road;
(d)
All sites must provide, adjacent to each internal road, a
pedestrian walkway no less than 1 m (3 ft) in width.
Land Use Bylaw 1002-18
75
11.6 TD - Tiny Dwelling
Purpose
The purpose of the Tiny Dwelling District is to provide for the
development of comprehensively planned residential areas
comprising primarily of Tiny Dwellings, according to an approved
site plan.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions at locations indicated on the applicable site
plan, provided the application complies with the regulations of this
district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Use
Park
Permitted Uses
Discretionary Uses
Accessory Structure
Community Hall
Dwelling, Tiny
Day Care Home
Home Occupation, Minor
Public and Quasi-Public Use
Public Utility Facility
Minimum Requirements
ITEM
Minimum
Comprehensive Site Plan
Area
0.8 ha (2 ac).
Parcel Size (each dwelling
unit)
370 m2 (3,983 ft2)
Front Yard Setback
As established on the site plan,
in accordance with the
requirements of this Bylaw.
Rear Yard Setback
5 m (9.8 ft) from the nearest
dwelling unit to the property
boundary of the comprehensive
site plan area
Side Yard Setback
1.5 m (4.9 ft) between
buildings located on the same
site
3 m (9.8 ft) between the
nearest building and the
Brazeau County
76
ITEM
Minimum
property boundary of the
comprehensive site plan area.
Maximum Limits
ITEM
Maximum
Height
7.5 metres Two (2) storeys for a
Dwelling, Tiny;
For accessory buildings: Up to
the height of the principal
building ;
7.5 m (25 ft) or two (2) storeys -
the lesser thereof - for a private
club;
Density
As per comprehensive site plan.
Floor Area
74.3 m2 (800 ft2) for a
Dwelling, Tiny
Unit Site Maximum Limits
ITEM
Maximum
Unit Site Coverage
Fifty percent (50%);
Fifteen percent (15%) for
accessory buildings and uses.
Site Plan Requirements
(a)
An approved site plan shall be required prior to the
subdivision and/or development of land in this district, and
all development shall conform to the site plan;
(b)
The site plan shall include the following:
(i)
Dimensions for the planning area and individual
units;
(ii)
Minimum setback dimensions; and
(iii)
Number of dwelling units contained within the
planning area.
(c)
Notwithstanding 11.6.2, the Development or Subdivision
Authority may adopt additional guidelines as a further basis
on which to evaluate the site plan. Only those standards
where relaxation will not alter the intent of the site plan may
be granted a variance; all other changes shall require an
amendment to the site plan.
Other Regulations
Landscaping Requirements
(a)
Refer to Section 8.13 under development regulations;
(b)
A minimum of ten percent (10%) of a Tiny Dwelling
development must be designated as common open
space recreation area. No portion of any unit site shall
encroach upon this open space; and
(c)
Common storage areas, separate from the unit sites,
shall be required for the storage of seasonal recreational
equipment and other equipment and shall be enclosed
and screened by trees, landscape features, fencing, or
any combination thereof.
Land Use Bylaw 1002-18
77
Parking and Access Requirements
(a)
Refer to Section 8.3 under Development Regulations;
(b)
All sites exceeding 2.0 ha (5 ac) in size or fifty (50) units
must provide a minimum of two (2) accesses to public
roads;
(c)
All unit sites must be accessed via an internal road; and
(d)
All sites must provide, adjacent to each internal road, a
pedestrian walkway no less than 1.0 m (3.3 ft.) in width.
Home Occupations
Refer to Section 8.12 under Development Regulations.
Minimum Design Standards
The Tiny Dwelling development shall adhere to all requirements of
the Brazeau County Minimum Design Standards in effect at the
time a development permit application is submitted.
Brazeau County
78
12 BUSINESS DEVELOPMENT
DISTRICTS
12.1 C - Commercial
Purpose
The purpose of the Commercial District is to accommodate a range
of retail and service commercial uses primarily along highway
corridors and growth areas.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Animal Service Facility
Accessory Use
Assisted Living
Automotive and Equipment
Sales, Service and Rental
Automotive and Equipment
Body Repair
Business Support Service
Automotive and Equipment
Repair
Contracting Service, Minor
Cannabis Retail Sales
Day Care Facility
Contracting Services, Major
Eating and Drinking
Establishment
Health Services Facility
Financial, Office and
Professional Service
Recreation Service, Indoor
Funeral Home
Recycling Depot
Health Service
Social Care Facility
Hotel
Taxidermy
Motel
Warehouse Sales or Storage
Outdoor Storage
Outdoor Storage, Temporary
Personal Service Facility
Place of Worship
Land Use Bylaw 1002-18
79
Permitted Uses
Discretionary Uses
Private Club
Public and Quasi-Public Use
Public Utility Facility
Retail
Service Station
Surveillance Suite
Surveillance Suite,
Temporary
Development Regulations:
Item
Regulation
Parcel
Area
Min.
Max.
464.5 m2 (5,000 ft2) for fully serviced
parcels
929 m2 (10,000 ft2) for parcels served by
municipal sewer only
1393.5 m2 (15,000 ft2) for parcels served
by municipal water only
1858.1 m2 (20,000 ft2) for non-serviced
parcels
At the discretion of the Development
Authority
Site
Coverage
Max.
Fifty percent (50%) for Service Stations
Item
Regulation
Sixty percent (60%) for other uses
Parcel
Width
Min.
15.2 m (50 ft) for serviced parcels
10.1 m (33 ft) frontage for panhandle/flag
lot
25 m (82 ft) for non-serviced parcels
Front
Yard
Setback
Min.
8 m (26 ft) where abutting an internal or
hamlet road
20.1 m (66 ft) where abutting a County road
where road widening has not been
dedicated
12.2 m (41 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) where abutting a highway
Rear
Yard
Setback
Min.
5 m (16 ft)
10.1 m (33 ft) where abutting an internal or
hamlet road
20.1 m (66 ft) where abutting a County road
where road widening has not been
dedicated
12.5 m (41 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) where abutting a highway
Side
Yard
Setback
Min.
3 m (10 ft)
Brazeau County
80
Item
Regulation
3 m (10 ft) where abutting an internal or
hamlet road
20.1 m (66 ft) where abutting a County road
where road widening has not been
dedicated
12.5 m (41 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) where abutting a highway
Floor
Area
Min.
26 m2 (280 ft2) for a Hotel or Motel unit
Height
Max.
9.1 m (30 ft)
Land Use Bylaw 1002-18
81
12.2 RI - Rural Industrial
Purpose
The purpose of the Rural Industrial District is to accommodate a
range of general industrial and heavy industrial land uses
appropriate on rural serviced or non-serviced lands in potential
nodes or along highways that are designated by approved Area
Structure Plans or area redevelopment plans.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Bulk Oil and Chemical
Storage
Accessory Use
Business Support Service
Agricultural, Support Service
Cannabis Production and
Distribution Facilities
Animal Service Facility
Crematory
Auction Facility
Day Care Facility
Automotive and Equipment
Body Repair
Industrial Use, Heavy
Automotive and Equipment
Repair
Land Farm
Automotive and Equipment
Sales, Service and Rental
Public and Quasi-Public Use
Contracting Services, Major
Recreation Service, Indoor
Contracting Services, Minor
Waste Management Facility
Industrial Use, General
Work Camp
Outdoor Oilfield Storage Facility
Outdoor Storage
Outdoor Storage, Temporary
Park
Brazeau County
82
Permitted Uses
Discretionary Uses
Personal Storage Facility
Public Utility Facility
Recycling Depot
Service Station
Surveillance Suite
Surveillance Suite, Temporary
Taxidermy
Warehouse Sales or Storage
Personal Service Facility
Development Regulations:
Item
Regulation
Parcel
Area
Min.
Max.
0.4 ha (1 ac)
At the discretion of the Development Authority
Site
Coverage
Max.
Fifty percent (50%) for Service Stations
Sixty percent (60%) for other uses
Parcel
Width
Min.
15.2 m (50 ft) for serviced parcels
30.5 m (100 ft) for non-serviced and partially
serviced parcels
Item
Regulation
Front
Yard
Setback
Min.
20.1 m (66 ft) abutting a County road where
road widening has not been dedicated
12.5 m (41 ft) abutting a County road where
road widening has been dedicated
8 m (26 ft) abutting an internal or hamlet road
40 m (131 ft) abutting a highway
Rear
Yard
Setback
Min.
5 m (16 ft)
10.1 m (33 ft) abutting an internal or hamlet
road
20.1 m (66 ft) abutting a County road where
road widening has not been dedicated
12.5 m (41 ft) abutting a County road where
road widening has been dedicated
40 m (131 ft) abutting a highway
Side
Yard
Setback
Min.
3 m (10 ft)
20.1 m (66 ft) abutting a County road where
road widening has not been dedicated
12.5 m (41 ft) abutting a County road where
road widening has been dedicated
40 m (131 ft) abutting a highway
Height
Max.
At the discretion of the Development Authority
Land Use Bylaw 1002-18
83
12.3 LI - Light Industrial
Purpose
The purpose of the Light Industrial District is to accommodate a
range of general and light industrial uses within designated
hamlets and growth areas.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Agricultural, Support Service
Accessory Use
Animal Service Facility
Automotive and
Equipment Body Repair
Auction Facility
Automotive and
Equipment Repair
Business Support Service
Automotive and
Equipment Sales,
Service and Rental
Cannabis Production and
Distribution Facilities
Contracting Services,
Minor
Cannabis Retail Sales
Industrial Use, General
Contracting Services, Major
Outdoor Storage
Crematory
Outdoor Storage,
Temporary
Day Care Facility
Park
Financial, Office and Professional
Service
Personal Storage
Facility
Funeral Home
Public Utility Facility
Health Service
Recycling Depot
Outdoor Oilfield Storage Facility
Service Station
Personal Service Facility
Brazeau County
84
Permitted Uses
Discretionary Uses
Surveillance Suite
Public and Quasi-Public Use
Surveillance Suite,
Temporary
Recreation Service, Indoor
Taxidermy
Retail
Warehouse Sales or
Storage
Development Regulations:
Item
Regulation
Parcel
Area
Min.
Max.
464.5 m2 (5000 ft2)
At the discretion of the Development
Authority
Site
Coverage
Max.
Fifty percent (50%) for Service Stations
Sixty percent (60%) for other uses
Parcel
Width
Min.
15.2 m (50 ft) for serviced parcels
30.5 m (100 ft) for non-serviced and
partially serviced parcels
Front
Yard
Setback
Min.
8 m (26 ft) abutting an internal or hamlet
road
20.1 m (66 ft) abutting a County road where
road widening has not been dedicated
Item
Regulation
12.5 m (41 ft) abutting a County road where
road widening has been dedicated
40 m (131 ft) abutting a highway
Rear
Yard
Setback
Min.
5 m (16 ft)
10.1 m (33 ft) abutting an internal or hamlet
road
20.1 m (66 ft) abutting a County road where
road widening has not been dedicated
12.5 m (41 ft) abutting a County road where
road widening has been dedicated
40 m (131 ft) abutting a highway
Side
Yard
Setback
Min.
3 m (10 ft)
20.1 m (66 ft) abutting a County road where
road widening has not been dedicated
12.5 m (41 ft) abutting a County road where
road widening has been dedicated
40 m (131 ft) abutting a highway
Height
Max.
9.1 m (30 ft)
Land Use Bylaw 1002-18
85
13 EXCLUSIVE DISTRICTS
13.1 R - Recreation
Purpose
The purpose of the Recreation District is to accommodate a range
of public and private rural recreational uses.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Community Hall
Permitted Uses
Discretionary Uses
Accessory Use
Hotel
Cabin
Motel
Campground, Major
Private Club
Campground, Minor
Retail
Eating and Drinking
Establishment
Guest Ranch
Park
Public and Quasi-Public
Use
Public Utility Facility
Recreation Service,
Indoor
Recreation Service,
Outdoor
Service Station
Surveillance Suite
Surveillance Suite,
Temporary
Brazeau County
86
Development Regulations:
Item
Regulation
Parcel
Area
Min.
0.4 ha (1 ac)
Site
Coverage
Max.
Thirty percent (30%)
Fifty percent (50%) for Service Stations
Parcel
Width
Min.
30.5 m (100 ft)
10.1 m (33 ft) frontage for a panhandle/flag
lot
Front
Yard
Setback
Min.
10.1 m (33 ft) where abutting an internal or
hamlet road
20.1 m (66 ft) where abutting a County road
where road widening has not been
dedicated
12.5 m (41 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) where abutting a highway
Rear
Yard
Setback
Min.
8 m (26 ft)
10.1 m (33 ft) where abutting an internal or
hamlet road
20.1 m (66 ft) where abutting a County road
where road widening has not been
dedicated
12.5 m (41 ft) where abutting a County road
where road widening has been dedicated
Item
Regulation
40 m (131 ft) where abutting a highway
Side
Yard
Setback
Min.
6.1 m (20 ft)
10.1 m (33 ft) where abutting an internal or
hamlet road
20.1 m (66 ft) where abutting a County road
where road widening has not been
dedicated
12.5 m (41 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) where abutting a highway
Height
Max.
9.1 m (30 ft)
Land Use Bylaw 1002-18
87
13.2 CL - Crown Lands
Purpose
The purpose of the Crown Lands District is to provide for
coordinated land use and development of lands owned by the
Crown.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Aerodrome
Permitted Uses
Discretionary Uses
Accessory Use
Airport
Agriculture, Extensive
Cabin
Agricultural, Intensive
Class 2
Contracting Services, Major
Campground, Major
Contracting Services, Minor
Campground, Minor
Industrial Use, General
Guest Ranch
Land Farm
Outdoor Storage
Natural Resource Extraction
Outdoor Storage,
Temporary
Nature Resource Processing
Park
Outdoor Oilfield Storage Facility
Public & Quasi-Public
Use
Work Camp
Public Utility Facility
Recreation Service,
Outdoor
Surveillance Suite
Surveillance Suite,
Temporary
Brazeau County
88
Special Regulations
In accordance with Section 618(2) of the MGA, the Crown and its
agencies are exempt from the provisions of this Bylaw.
These regulations apply only to private use of Crown Lands, unless
the Crown has asserted immunity.
An applicant for a development permit for this district must submit
proof of disposition from the appropriate provincial department.
If land within this district is transferred to private ownership:
(a)
The owner shall make an application to change the
zoning of the lands so the land is no longer subject to
the provisions of the Crown Lands District; and
(b)
The land is subject to the provisions of the newly
designated land use district as per Section 9.2.
The development standards found in Section 8 apply to the
developments governed by this District. To the extent that there
are no development standards, the Development Authority may
impose development standards at its discretion.
Land Use Bylaw 1002-18
89
13.3 I - Institutional
Purpose
The purpose of the Institutional District is to accommodate a range
of public and private uses which provide cultural, medical, social,
religious, and educational services.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Campground, Minor
Accessory Use
Crematory
Permitted Uses
Discretionary Uses
Aerodrome
Recreation Service, Outdoor
Airport
Assisted Living
Cemetery
Community Hall
Education Facility
Funeral Home
Group Home
Health Service
Health Services Facility
Park
Place of Worship
Private Club
Public and Quasi-Public Use
Public Utility Facility
Recreation Service, Indoor
Social Care Facility
Surveillance Suite
Brazeau County
90
Permitted Uses
Discretionary Uses
Surveillance Suite, Temporary
Development Regulations:
Item
Regulation
Parcel
Area
Min.
464.5 m2 (5000 ft2)
Site
Coverage
Max.
Thirty percent (30%)
Parcel
Width
Min.
15.2 m (50 ft) for serviced parcels
30.5 m (100 ft) for non-serviced and
partially serviced parcels
Front
Yard
Setback
Min.
10.1 m (33 ft) abutting an internal road
7 m (23 ft) abutting a hamlet road
20.1 m (66 ft) abutting a County road where
road widening has not been dedicated
12.5 m (41 ft) abutting a County road where
road widening has been dedicated
40 m (131 ft) abutting a highway
Rear
Yard
Setback
Min.
8 m (26 ft)
10.1 m (33 ft) where abutting an internal
road
7 m (23 ft) where abutting a hamlet road
Item
Regulation
20.1 m (66 ft) abutting a County road where
road widening has not been dedicated
12.5 m (41 ft) abutting a County road where
road widening has been dedicated
40 m (131 ft) where abutting a highway
Side
Yard
Setback
Min.
3 m (10 ft)
10 m (33 ft) where abutting an internal road
7 m (23 ft) where abutting a hamlet road
20.1 m (66 ft) abutting a County road where
road widening has not been dedicated
12.5 m (41 ft) abutting a County road where
road widening has been dedicated
40 m (131 ft) where abutting a highway
Height
Max.
9.1 m (30 ft)
Special Regulations
Development Permit Exemption:
(a)
Under the discretion of the Development Authority,
Development Permits are not required for Parks and
Public and Quasi-Public Uses.
Land Use Bylaw 1002-18
91
Landscaping Requirements:
(a)
In addition to Section 8.14 under Development
Regulations, the Development Authority may require the
applicant to provide a 2.1 m (7 ft) wide landscaped buffer
along rear and side parcel boundaries adjacent to
residential land uses.
(b)
Landscaping requirements within the front yard shall be at
the discretion of the Development Authority.
Brazeau County
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13.4 UR - Urban Reserve
Purpose
The purpose of the Urban Reserve District is to identify land which
in the future will probably be converted to urban use, but which can
be used for agricultural purposes. An Area Structure Plan (ASP)
approved by council must be prepared before the land will be
considered for reclassification to another use.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Park
Uses may be allowed at the
discretion of the Municipal Planning
Commission which are compatible
with the long-term plans for the land
as set out in the Municipal
Development Plan and any Area
Structure Plan for the land.
Public Utility Facility
Special Regulations
No more than one dwelling unit shall be established on a lot.
All development standards, including minimum requirements and
maximum limits, shall be at the discretion of the Development
Authority as set out in the long term plans.
Land Use Bylaw 1002-18
93
13.5 NREP - Natural Resource Extraction
and Processing
Purpose
The purpose of the Natural Resource Extraction and Processing
District is to provide for the exploration, extraction, processing and
stockpiling of on-site natural resources on lands, and the post-
extraction reclamation of the land, in accordance with specified
regulations. As well, this district provides for the development of
industrial uses related to Natural Resource Extraction and
Processing. This district is intended to be used to designate lands
that contain potentially productive natural resources and to
prevent incompatible uses upon such lands.
District Characteristics
The following uses shall be permitted or discretionary with or
without conditions provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Contracting Services, Major
Accessory Use
Contracting Services, Minor
Outdoor Storage,
Temporary
Industrial Use, General
Public Utility Facility
Natural Resource Extraction
Surveillance Suite
Natural Resource Processing
Outdoor Storage
Work Camp
Surveillance Suite, Temporary
Development Regulations:
Item
Regulation
Parcel
Area
Min.
5.0 ha (12.35 ac)
Operations
Min.
The setbacks for all associated operations,
including but not limited to, excavation,
stockpiling, berming, crushing, and/or
operation of an asphalt plant shall be in
Brazeau County
94
Item
Regulation
accordance with the applicable provincial
and/or federal regulations
Front Yard
Setback
Min.
40 m (131 ft) where abutting a County road
where road widening has not been
dedicated
25 m (82 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) abutting a highway
Rear Yard
Setback
Min.
8 m (26 ft)
10.1 m (33 ft) where abutting an internal
road
40 m (131 ft) where abutting a County road
where road widening has not been
dedicated
25 m (82 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) where abutting a highway
Side Yard
Setback
Min.
6.1 m (20 ft)
10.1 m (33 ft) where abutting an internal
road
40 m (131 ft) where abutting a County road
where road widening has not been
dedicated
Item
Regulation
25 m (82 ft) where abutting a County road
where road widening has been dedicated
40 m (131 ft) where abutting a highway
Height
Max.
10.1 m (33 ft)
Special Regulations
Natural Resource Extraction and Processing shall be subject to the
regulations of the Land Use Bylaw and any amendments thereto,
and to the relevant guidelines and conditions of operation and
approval from the provincial or federal authority having jurisdiction
of these operations.
The Development Authority may require applicants for Natural
Resource Extraction and Processing to submit an approved plan(s)
or study(s), if required by the County or other governing authority
as outlined in Section 3.5, to determine appropriate conditions of
approval in order to minimize the impact on adjacent
developments and on the environment.
In addition to Section 8.16 under Development Regulations, the
Development Authority may require landscaping or screening along
the front, rear, or side yard boundaries adjacent to public,
residential, or other incompatible land uses. An applicant must
ensure restricted and noxious weeds are taken care of yearly to
prevent the spread of weeds to neighbouring lands.
Land Use Bylaw 1002-18
95
13.6 DC - Direct Control
Purpose
The purpose of the Direct Control District is to authorize and allow
Council to exercise particular and specific direction and control
over the use and development of land and buildings in particular
areas of the County.
Use of Land and Buildings
Council may regulate and control the use of land and buildings in
areas designated Direct Control, by this Bylaw, in any manner it
considers necessary. The determination of appropriate uses and
applicable development requirements within a Direct Control area
must be as established and prescribed by Council upon review and
consideration of a development proposal, or delegated in the Bylaw
to a Development Authority.
Development Considerations
Council may regulate the following in consideration of a
development within the Direct Control District:
(a)
Minimum requirements at the discretion of the
Development Authority;
(b)
Maximum limits;
(c)
Parking;
(d)
Landscaping and screening;
(e)
Utilities and servicing;
(f)
Environmental impacts;
(g)
Public consultation; and
(h)
Other matters deemed relevant by Council.
Council may impose terms and conditions, including performance
bonding, with or without a caveat registered against the Certificate
of Title.
The purpose and regulations of each Direct Control District shall be
detailed in Section 17.1 of this Bylaw.
Brazeau County
96
13.7 AL - Airport Land District
Purpose
To accommodate airports or aerodromes for the safe movement
and storage of aircraft, and uses compatible with aircraft
operations. To allow for development necessary or integral to the
operation of an airport or aerodrome. This district is not intended
to control aeronautics.
District Characteristics
The following uses shall be permitted or discretionary, with or
without conditions, provided the application complies with the
regulations of this district and this Bylaw.
Permitted Uses
Discretionary Uses
Accessory Structure
Aviation Related Business
Accessory Use
Eating and Drinking
Establishment
Aerodrome
Hotel
Airport
Motel
Hangar
Outdoor Storage
Park
Private Club
Public and Quasi-Public Use
Surveillance Suite
Public Utility Facility
Warehouse Sales or Storage
Terminal Facility
Development Regulations:
Item
Regulation
Parcel
Area
Min.
464.5 m2 (5000 ft2)
Front
Yard
Setback
Min.
10.1 m (33 ft) abutting an internal road
7 m (23 ft) abutting a hamlet road
20.1 m (66 ft) abutting a County road where
road widening has not been dedicated
12.5 m (41 ft) abutting a County road where
road widening has been dedicated
Land Use Bylaw 1002-18
97
Item
Regulation
40 m (131 ft) abutting a highway
Rear
Yard
Setback
Min.
8 m (26 ft)
10.1 m (33 ft) where abutting an internal
road
7 m (23 ft) where abutting a hamlet road
20.1 m (66 ft) abutting a County road where
road widening has not been dedicated
12.5 m (41 ft) abutting a County road where
road widening has been dedicated
40 m (131 ft) where abutting a highway
Side
Yard
Setback
Min.
3 m (10 ft)
10 m (33 ft) where abutting an internal road
7 m (23 ft) where abutting a hamlet road
20.1 m (66 ft) abutting a County road where
road widening has not been dedicated
12.5 m (41 ft) abutting a County road where
road widening has been dedicated
40 m (131 ft) where abutting a highway
Height
Max.
9.1 m (30 ft)
Unit Site Development Regulations:
Item
Regulation
Unit Site
Area
Min.
As designated by the airport owner or Crown
lease holder.
Unit Site
Width
Min.
As designated by the airport owner or Crown
lease holder.
Front
Yard
Setback
Min.
0 m (0 ft) where abutting an 8 m (26 ft)
allowance between the unit site and taxiway
8 m (26 ft) where abutting the taxiway or
roadway
Rear
Yard
Setback
Min.
4 m (13 ft)
Side
Yard
Setback
Min.
4 m (13 ft)
Height
Max.
Up to the height of the principal building for
Accessory Structures.
Special Regulations
The operation of any land use within this district must not create or
cause excessive:
(a)
smoke, dust, steam, or other emissions;
(b)
toxic and noxious matters;
Brazeau County
98
(c)
radiation, fire, or explosive hazards; and
(d)
accumulation of any material or waste edible by, or
attractive to, birds as in the case of feedlots and waste
transfer sites.
Uses and developments on lands zoned Airport Land District must
comply with all other authorities, including federal, provincial and
municipal, each within their jurisdiction.
The Development Authority will not accept or process any
development permit application occurring within this district unless
the application is authorized in writing by the Airport owner.
The Development Authority will not accept or process any
development permit application occurring at the Town of Drayton
Valley Industrial Airport (YDC), unless the application has been
signed by the Town of Drayton Valley.
A copy of the unit site map must be provided to Brazeau County
when any change is made to the site layout or the addition of sites.
The updated unit site map must be provided prior to any
development permit application submissions for development on
altered or new sites.
The airport owner is responsible for clearly marking the unit site
locations.
The Development Authority may refer a development permit
application to the airport/aerodrome operator or manager,
Transport Canada, and NAV Canada for comments on the proposed
development.
No development shall conflict with the safe operations of the
airport.
All development must comply with the Airport Protection Overlay
contained within this Bylaw.
Land Use Bylaw 1002-18
99
14 OVERLAYS
14.1 Airport Protection Overlay
Purpose
The purpose of the Airport Protection Overlay (Airport Protection
Overlay Land Use Map) is to encourage compatible land use
planning in the vicinity of the Airport with respect to height
obstructions, electrical disturbances, bird hazards, Noise Exposure
Forecasts, and visibility restrictions. This section applies to all lands
within the Airport Protection Overlay.
Regulations
All developments within the Airport Protection Overlay shall be
reviewed in accordance with "Transport Canada's Guide - TP
1247E, Land Use in the Vicinity of Airports" as updated from time
to time.
No development shall be approved which may jeopardize the safe
use of the Airport.
Subdivision and development within the Airport Protection Overlay
must be consistent with any approved Area Structure Plan for the
area where it is located, if applicable.
The regulations of the underlying district shall apply.
Notwithstanding Subsection 14.1.5 of this section the following
criteria shall be applied to subdivision and development near the
Airport within the Airport Protection Overlay:
(a)
Development shall not exceed height restrictions detailed
within the Airport Protection Overlay (Airport Protection
Overlay Land Use Map) of 16.2 m (53 ft) in structural
height, measured from the grade of the runway, within
2500 m of the end of the runway and 321 m from the side
of the runway in accordance with the Detailed Airport
Regulations on file at the County;
(b)
Structures of a height considered hazardous by the
Development Authority shall have clearance lights of a size
and design necessary to ensure aviation safety;
(c)
Residential Use will be discretionary on Airport lands or
within hangars associated with Airport lands. Residential
Use is prohibited at Airport Facilities operated by the Town
of Drayton Valley.
(d)
The use or operation of development shall not cause any
objectionable or dangerous condition as follows:
(i)
Radiation
or
interference
of
Airport
telecommunications or electronics systems;
(ii)
An accumulation of any materials or waste which is
edible and attractive to birds;
(iii) Emissions of steam, smoke, dust or other
atmospheric conditions that restricts visibility;
(iv) The use of extensive exterior lighting; and
(v)
Fire and explosive hazards.
The following uses shall be prohibited in the Airport Protection
Overlay:
(a)
Public Utility Facility that involves persistent storm water
retention areas; and
(b)
Waste Management Facility.
Brazeau County
100
All buildings within the Airport Protection Overlay shall comply with
the acoustical requirements of the Alberta Building Code as
required.
Development permit applications for the following shall be
forwarded to Transport Canada for technical comment prior to
issuance of a development permit:
(a)
Development directly adjacent to the runway; and
(b)
Large structures, such as, but not limited to, a warehouse
or hangar, within 10 km (6.2 miles) of a radar.
Applications shall be analyzed on a case-by-case basis and may be
refused, notwithstanding that a land use class is listed as
permitted, if the Development Authority determines that such use
class may interfere with the operation of the Airport.
.
Land Use Bylaw 1002-18
101
15 DEFINITIONS
All other words, phrases, and expressions have the meaning
assigned to them in Part 17 of the MGA and the Subdivision and
Development Regulation.
"ABUT or ABUTTING" means immediately contiguous to, or physically
touching, and when used with respect to lots or sites, means to share a
common property line.
"ACCESSORY STRUCTURE" means a building or structure that is naturally
or normally incidental, subordinate, and exclusively devoted to the
principal use, building or structure and located on the same lot or site.
"ACCESSORY USE" means a use that is naturally or normally incidental,
subordinate, and exclusively devoted to the principal use, building or
structure and located on the same lot or site.
"ADJACENT" means land that abuts a site and land that would abut if not
for a road, alleyway, walkway, watercourse, utility lot, pipeline right of way,
power line, railway, or similar feature.
"AERODROME" Any area of land, water (including the frozen surface
thereof) or other supporting surface used or designed, prepared, equipped
or set apart for use either in whole or in part for the arrival and departure,
movement or servicing of aircraft and includes any buildings, installations
and equipment in connection therewith.
"AGRICULTURAL, EXTENSIVE" means the use of land or buildings for the
raising or production of crops, livestock, or poultry; but not restricting the
generality of the foregoing, does not include the off-site removal and
export of logs or trees, confined feeding operations, slaughter/rendering
facility, livestock Auction Facility, intensive hog operations, intensive
poultry or fowl operations, sod farm, plant nurseries, equestrian boarding
or residences. This use does not include Cannabis Production and
Distribution other than cultivation authorized under either Part 1 or Part 2
of the Access to Cannabis for Medical Purposes Regulations under the
Controlled Drugs and Substances Act (Canada).
"AGRICULTURAL, SUPPORT SERVICE" means development providing
products or services directly related to the agricultural industry. Without
restricting the generality of the foregoing, this shall include such facilities
as grain elevators, feed mills, bulk fertilizer distribution plants, bulk
agricultural chemical distribution plants, bulk fuel plants, farm implement
dealerships (not including automotive, equipment and vehicle services),
and crop spraying.
"AGRICULTURAL, INTENSIVE CLASS 1" means the commercial use of
parcels of land for confined feeding operations, game farms, fur farms,
apiaries, aquaculture and similar uses.
"AGRICULTURAL, INTENSIVE CLASS 2" means the commercial use of
parcels of land for uses such as greenhouses, market gardens, sod farms,
nurseries, tree farms, etc. This use does not include Cannabis Production
and Distribution other than cultivation authorized under either Part 1 or
Brazeau County
102
Part 2 of the Access to Cannabis for Medical Purposes Regulations under
the Controlled Drugs and Substances Act (Canada).
"AIRPORT" means an area of land or water, including the frozen surfaces
thereof, or other supporting surface used or intended to be used either in
whole or in part for the arrival and departure or servicing of aircraft and
includes any building, installation or equipment in connection therewith for
which an Airport license has been issued by Transport Canada.
"ALLEY" means a public thoroughfare which provides a secondary means
of access to a parcel at its rear or side property line,
"ALTER or ALTERATION" means:
(a) any structural change to a building that results in an increase or
decrease in the area or the volume of the building;
(b) any change in the area frontage, depth, or width of a lot that affects
the required yard, landscaped open space, or parking requirements
of this Bylaw;
(c) structural change to a sign; or
(d) to discontinue or change the use of the site or building with a use
defined as being distinct from the discontinued use.
"ANIMAL SERVICE FACILITY" means development for the purposes of
treatment, boarding, training, commercial breeding or grooming of animals
and includes Retail sales of associated products. This may include such
uses as veterinary clinics, grooming, overnight boarding, commercial
kenneling of 5 or more dogs, impounding or quarantining facilities, and
animal shelters.
"ANTENNA" means an installation consisting of an antenna or antenna
array, mounted on a metal tower or support structure, designed for the
purpose of the reception and transmission of radio signals by private,
federally licensed amateur radio operators. This definition does not include
satellite dish or telecommunications tower. Examples include radio
antennas used for commercial fleet dispatch and ham (or hobby) radio
towers, mast, or aerials.
"APPLICANT" means the landowner, or an agent, person, acting on the
landowner's behalf.
"AREA STRUCTURE PLAN" means a statutory plan adopted by the County
under the provisions of the MGA.
"ASSISTED LIVING" means a facility where meals, lodging and continuing
nursing care are provided for compensation and include uses such as
nursing homes and medical receiving facilities.
"AUCTION FACILITY" means development intended for the auctioning of
livestock, goods and equipment, including the temporary storage of such
livestock, goods and equipment.
Land Use Bylaw 1002-18
103
"AUTOMOTIVE AND EQUIPMENT SALES, SERVICE AND RENTAL" means
development used for the retail sale or rental of new or used automobiles,
Recreational Vehicles, motorcycles, snowmobiles, tent trailers, boats,
travel trailers or similar light vehicles or crafts, together with incidental
maintenance services and sale of parts. This use includes automobile
dealerships, rental agencies, automobile rental agencies, equipment rental
agencies and motorcycle dealerships.
"AUTOMOTIVE AND EQUIPMENT BODY REPAIR" means development used
as a facility where automobiles, trucks, other vehicles, and equipment
undergo body repair, sandblasting and painting or both.
"AUTOMOTIVE AND EQUIPMENT REPAIR" means development used for the
servicing and repair of motor vehicles including heavy equipment,
automobiles, light trucks, utility vehicles, motorcycles, snowmobiles and
similar vehicles; and the sale, installation or servicing of related
accessories and parts. This includes transmission shops, muffler shops,
tire shops, automotive glass shops, upholstery shops and towing/recovery
services.
"AVIATION RELATED BUSINESS" means a service or operation that would
benefit from, but does not necessarily require, direct access to the Airport
to operate, and includes such uses as flight training schools, aircraft
maintenance shops and aircraft manufacturing and assembly.
"BASEMENT" means a portion of a residential building which is situated
partly or completely below Grade.
"BED AND BREAKFAST" means a secondary use of a single-detached
dwelling whereby temporary accommodation, with or without meals, is
provided to the public for remuneration.
"BULK OIL AND CHEMICAL STORAGE" means a development where refined
oil or crude oil or liquid or solid chemical is stored. This may include
building tanks and containment vessels and their associated systems for
the oil and gas, water and wastewater, mining and specialty chemical
products.
"BUSINESS SUPPORT SERVICE" means development used to provide
support services to uses permitted or discretionary in a land use district.
Such businesses may include but are not limited to the provision of
support functions such as: printing, duplicating, binding or photographic
processing; secretarial services; office maintenance or custodial services;
security; and the sale, rental, repair, or servicing of office equipment,
furniture and machines; and the sale, rental, repair or servicing of
computers, cellular phones and fax machines.
"BYLAW" means the Brazeau County Land Use Bylaw.
"CABIN" means a seasonal residential building that may contain one (1)
dwelling unit or components thereof. Park Models placed on a permanent
foundation shall be deemed a Cabin unless proof of meeting the Alberta
Code is provided.
Brazeau County
104
"CAMPGROUND" means a development for recreational use with sites
designated for lodgings in tents, Recreational Vehicles, Cabins, or other
similar accommodations. A major campground shall accommodate more
than twenty (20) sites, be in operation more than six (6) months per year,
or both.
"CANNABIS" means cannabis plant, fresh cannabis, dried cannabis,
cannabis oil and cannabis plant seeds and any other substance defined as
cannabis in the Cannabis Act (Canada) and its regulations, as amended
from time to time and includes edible products that contain cannabis. This
excludes industrial hemp licensed or exempt by the federal government
under the Industrial Hemp Regulations, as amended, or other applicable
Acts or regulations at the time of application.
"CANNABIS RETAIL SALES" means a retail store licensed by the Province of
Alberta where Cannabis and Cannabis Accessories are sold to individuals
who attend the premises.
"CANNABIS PRODUCTION AND DISTRIBUTION FACILITY" means an
enclosed building licensed and/or authorized for one or more of the
following activities as it relates to cannabis: the production, cultivation and
growing of cannabis, the processing of raw materials, the making, testing,
manufacturing, assembling, destruction and/or altering in any way the
chemical or physical properties goods or products, the storage or shipping
of materials, goods and products, or the distribution and sale of materials
goods and products to Cannabis Retail stores.
"CARETAKER" means a person, or persons that are part of the caretaker's
family unit, providing surveillance and or maintenance of a property.
"CEMETERY" means development of a parcel of land primarily as
landscaped open space for the entombment of deceased human beings or
pets.
"COMMUNITY HALL" means a development that uses lands and buildings
for activities through facilities such as auditoriums, banquet halls, or
gymnasiums.
"CONDOMINIUM" means a condominium as defined by the Condominium
Property Act.
"CONTRACTING SERVICES, MAJOR" means a development used for
commercial and industrial service support and construction that requires
Outdoor Storage or fleet storage of more than four (4) vehicles or both.
Typical industries include, but are not limited to forestry, oil and gas, civil
construction, building construction, wood processing, landscaping, and
electrical.
"CONTRACTING SERVICES, MINOR" means development used for the
provision of electrical, plumbing, heating, painting and similar contractor
services primarily to individual households and the accessory sale of goods
normally associated with the contractor services where all materials are
kept within an enclosed building, and there are no accessory
manufacturing activities or fleet storage of more than four vehicles.
Land Use Bylaw 1002-18
105
"COUNCIL" means the Council of Brazeau County.
"COUNTY" means Brazeau County.
"COUNTY ROAD" means Township and Range roads.
"CREMATORY" means a facility used for the preparation of the dead for
burial, the purification and reduction of the human body by heat and the
keeping of bodies other than in a Cemetery and the holding of associated
services.
"DAY CARE FACILITY" means a development that provides daytime
personal care and education to children as a standalone facility but does
not include overnight accommodation.
"DAY CARE HOME" means a facility that provides care for children
operated in connection with a residential use, where children's care is
offered by the resident of the residential use and no overnight care is
provided. This category includes facilities where children's care is an
Accessory Use to the primary residential use.
"DEMOLITION" means the dismantling or intentional destruction of a
building, followed by the removal of debris of a building.
"DESIGN FLOOD LEVEL" means modelled water elevations of a flood
hazard area based on the one percent flood (100-year flood), which is the
current design standard in Alberta. Design flood levels do not change as a
result of development or obstruction of flows within the flood fringe.
"DEVELOPMENT" is development as defined by the MGA.
"DEVELOPMENT AUTHORITY" means the authority established pursuant to
the MGA through the County's Development Authority Bylaw.
"DEVELOPMENT OFFICER" means the officer established pursuant to the
MGA through the County's Development Authority Bylaw.
"DEVELOPMENT PERMIT" is a document, with any necessary attachments,
that is issued pursuant to the Land Use Bylaw and authorizes a
development.
"DISCRETIONARY USE" means one (1) or more uses of land or buildings
that may be allowed in a given district at the discretion of the Development
Authority, with or without conditions.
"DISTRICT" means land use district within the Land Use Bylaw. A district
may also be referred to as a zone.
"DOUBLE FRONTING LOT" means a lot which abuts two roads. Double
fronting lots include corner lots.
"DWELLING UNIT" means a residential unit containing one (1) or more
habitable rooms that constitute a self-contained living accommodation unit
Brazeau County
106
having sleeping, cooking and toilet facilities and is intended as a
permanent residence.
"DWELLING, APARTMENT" means a building comprised of three (3) or
more attached dwelling units, with shared entrance facilities.
"DWELLING, TOWNHOUSE" means a building comprised of three (3) or
more attached dwelling units, with each unit having a separate entrance. A
townhouse does not include an apartment building.
"DWELLING, SEMI-DETACHED" means a structure comprised of two
attached dwelling units, either side by side or one above the other, with
each unit having a separate entrance. A single-detached dwelling with a
Secondary Suite is not a semi-detached dwelling.
"DWELLING, SINGLE-DETACHED" means a residential building containing
one (1) dwelling unit, excluding a basement suite, which is supported on a
permanent foundation and physically separated from any other dwelling.
Single-Detached Dwellings include RTM & Modular Construction.
"DWELLING, TINY" means a permanent residential building containing one
(1) dwelling unit which can be constructed either on site or be pre-built and
assembled at the residential site. The dwelling shall be supported on a
permanent foundation or piling system and physically separated from any
other dwelling units. The dwelling shall include cooking, eating, living,
sleeping and sanitary facilities, but does not include Manufactured Homes,
Recreational Vehicles, Cabins, park-model trailers or construction site
trailers.
"EATING AND DRINKING ESTABLISHMENT" means a development where
prepared food and beverages are offered for sale to the public for
consumption within the confines of the building or off the site.
"EDUCATION FACILITY" is a facility developed for instruction, training and
education purposes, and may include administration offices, dormitories,
and Accessory Uses and Accessory Structures.
"EMPLOYEE" is a person who performs any work for or supplies any
services to an employer for wages.
"ENVIRONMENTALLY SENSITIVE AREA" means lands identified within the
County's MDP Figure 4: Future Land Use Strategy. These areas represent
lands that have particular constraints to development due to
environmental features such as watercourses, steep slopes, wetlands,
significant flora or fauna, wildlife habitats.
"ENVIRONMENTALLY SIGNIFICANT AREA (ESA)" are areas that are
important to the long-term maintenance of biological diversity, physical
landscape features and/or other natural processes, both locally and within
a larger spatial context as defined by the Province.
Land Use Bylaw 1002-18
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"EQUIPMENT" are tools, appliances, vehicles, office machines, furniture,
light construction equipment, weigh scale, scale office, or other similar
items that are essential to complete a job, project, or task.
"FAMILY" means one or more individuals who are related through marriage
or common law, blood relationship, legal adoption, or legal guardianship.
"FARMSTEAD" means the original residential site on a parcel of land with
other improvements used in connection with the raising or production of
crops, livestock, poultry or other agricultural pursuits.
"FENCE" means a free standing structure designed to restrict or prevent
movement across a boundary or to provide screening.
"FINANCIAL, OFFICE AND PROFESSIONAL SERVICE" means the provision of
professional, management, administrative, consulting, and financial
services in an office setting. Typical uses include the offices of lawyers,
accountants, engineers, architects, travel agents, real estate and
insurance firms, clerical, and secretarial agencies, and banks.
"FLANKING ROADWAY" means the road or an alleyway adjacent to a side
property line.
"FLOOD FRINGE" means the land along the edges of the flood hazard area
that has relatively shallow water (less than 1 metre deep) with lower
velocities (less than 1 m/s).
"FLOOD HAZARD AREA" means the area of land that will be flooded during
the design flood event. The flood hazard area is divided into two zones: (i)
the floodway and (ii) the flood fringe.
"FLOOD PLAIN" is a plain formed of sediment dropped by a river.
Illustration: Flood
Plain
"FLOODPROOF" means design modifications on buildings and land such
that prevent damages from occurring in floods. Floodproofing may include
adding fill to raise the elevation of a building site, structural measures
such a foundation walls or columns to raise a building, or combinations of
fill and structural measures. Floodproofing includes the use of setbacks to
maintain a floodway and allow for erosion.
"FLOODWAY" means the area within which the entire design flood can be
conveyed while meeting certain water elevation rise, water velocity and
water depth criteria. Typically the floodway includes the river channel and
some adjacent overbank areas.
Brazeau County
108
"FLOOR AREA" means for residential buildings, the total area of all floors in
a building measured from the exterior side of exterior walls that are
entirely above grade and excluding floor levels if any portion is below
grade. Basements, cellars, garages, sheds, carports, and open porches in
all residential buildings are all excluded. For commercial buildings, the
total floor area of all floors in a building is measured from the exterior side
of exterior walls but excludes hall areas.
"FOOD TRUCK" means a large wheeled vehicle from which food is sold that
typically contains cooking facilities where food is prepared. A Food Truck
use would be considered a Temporary Use in accordance with Section
3.8.8.
"FOUNDATION" means the lower portion of a building, usually constructed
of concrete or masonry, which includes footings that transfer the weight of
a building to the ground.
"FUNERAL HOME" means development used for the preparation of the
deceased for burial and the provision of funeral services.
"GRADE" means for a structure the ground elevation established for the
purpose of regulating the structure height. For structure height, the grade
shall be the level adjacent to the walls of the structure if the finished grade
is level. If the ground is not entirely level, the grade shall be determined by
averaging the elevations of the ground at the four corners of the structure
or as provided in the building plans; for drainage, the grade shall be the
ground elevation established in a lot drainage plan attached to the
application for a development permit for the purpose of controlling the flow
of surface water on the parcel. For calculating the grade, the walk out
portion of the structure is exempt.
"GROUP HOME" means a dwelling that provides accommodation for a
maximum of 10 persons who by reason of their emotional, mental and
physical condition require a supervised group living arrangement for their
well-being. Group Homes may include foster homes but do not include
substance abuse treatment centres, temporary shelter services or
detention and correction services.
"GROSS FLOOR AREA" means the total area of all floors in a building
measured from the exterior side of exterior walls including accessory
structures.
"GUEST RANCH" means the Accessory Use of a working farm or ranch that
offers visitors temporary overnight accommodation, with or without meals,
for payment of a fee and may include an on-site program that allows
guests to participate in a range of farming or ranching activities. A Guest
Ranch does not include a Hotel, Motel, Bed and Breakfast, or
boarding/lodging facility.
"HANGAR" means a structure intended for the storage of aircraft, as well
as provides an enclosed location for aircraft maintenance and repair.
"HAZARDOUS AREA" means an area, which in the opinion of the
Subdivision Authority or Development Authority, is unstable. This may
Land Use Bylaw 1002-18
109
include lands prone to flooding, shoreline erosion or slope instability
hazards or any hazard that may result in life loss or injury, property
damage, social or economic disruption or environmental degradation. This
includes, but is not limited to, lands in proximity to the flood fringe or
floodway, high water table, water bodies, water courses, and areas with
slopes greater than thirty percent (30 %) grade.
"HEALTH SERVICE" means a building or structure where a professional
health practitioner(s), including but not limited to doctors, dentists,
optometrists, acupuncturists, naturopaths, chiropractors, physiotherapists
and counsellors, excluding veterinarians, provide diagnosis and treatment
to the general public without overnight accommodations. Health Service
includes such uses as x-ray and other diagnostic services as well as minor
operating rooms and uses accessory to the provision of Health Services.
"HEALTH SERVICES FACILITY" means a provincially-licensed or approved
establishment used for the medical, dental, or professional healing
treatment of human beings that includes overnight accommodations.
"HOME OCCUPATION, MAJOR" means the accessory use of a structure by a
permanent resident of the subject parcel to conduct a business activity
which does not change the residential character of the dwelling or
accessory structure(s), or both, and does not employ more than twelve
(12) onsite employees. A Major Home Occupation may have Outdoor
Storage of vehicles used for the business but the storage and screening of
other equipment, goods, materials, commodities or finished products shall
be at the discretion of the Development Authority. This use does not
include Cannabis Retail Sales or Cannabis Production and Distribution
Facility.
"HOME OCCUPATION, MEDIUM" means the accessory use of a structure by
a permanent resident of the subject parcel to conduct a business activity
which does not change the residential character of the dwelling or
accessory structure(s), or both, does not employ more than two (2) non-
residents concurrently, and does not exhibit outdoor activity and storage of
materials or equipment. This use does not include Cannabis Retail Sales
or Cannabis Production and Distribution Facility.
"HOME OCCUPATION, MINOR" means the accessory use of a structure by a
permanent resident of the subject parcel to conduct a business activity
which does not change the residential character of the dwelling or
accessory structure(s), or both, does not employ any non-residents, and
does not exhibit outdoor activity and storage of materials or
equipment. This use does not include Cannabis Retail Sales or Cannabis
Production and Distribution Facility.
"HOTEL" means development used for the provision of rooms or suites for
temporary sleeping accommodation where the rooms have access from a
common interior corridor and may be equipped with individual kitchen
facilities, and may include accessory Eating and Drinking Establishments,
meeting rooms, personal service shops, and general Retail shops.
Brazeau County
110
"INDUSTRIAL HEMP" means, as defined by the Industrial Hemp
Regulations, cannabis plants and plant parts, of any variety, that contains
0.3% THC or less in the leaves and flowering heads.
"INDUSTRIAL HEMP PRODUCTION" means the use of land, buildings or
structures licensed and/or authorized to possess, sell, provide, ship,
deliver, transport, destroy, export and/or import industrial hemp, including
indoor and outdoor production and related research, under the Industrial
Hemp Regulations, as amended. This does not include Cannabis Retail
Sales establishments or Cannabis Production and Distribution Facilities.
"INDUSTRIAL USE, GENERAL" means industrial uses which do not create a
significant adverse impact or nuisance beyond the boundaries of the site
and may include indoor display, office, technical or administrative support,
or sales operation accessory to the general industrial use. General uses
include the following: the manufacturing or assembly of goods, products or
equipment; the cleaning, servicing, repairing or testing of materials, goods
and equipment associated with industrial or commercial businesses or
cleaning, servicing and repair operations to goods and equipment
associated with personal or household use; the storage or shipping of
materials, goods and equipment, including petro-chemical products and
supplies; or, the training of personnel in general industrial operations.
"INDUSTRIAL USE, HEAVY" means those industrial uses which require
large tracts of land and may have a significant detrimental effect as a
result of its normal operations on adjacent or nearby sites by way of noise,
vibration, smoke, emissions, odour or other element. This category
includes, but is not limited to, large scale manufacturing or processing of
raw or finished materials including pulp and paper mills, asphalt or gravel
crushing plants, oil refineries, and industrial waste recycling.
"INTERMUNICIPAL DEVELOPMENT PLAN" means a statutory plan adopted
by Council and the council of one or more other municipalities.
"INTERNAL ROAD" means a public roadway providing access to lots within
a multi-parcel subdivision or hamlet.
"LAND FARM" means a site used for the treatment of soils contaminated
by hydrocarbons and non-hazardous organic oilfield waste, whereby the
soil in question is safely remedied through aeration or cultivation.
"LANDSCAPING" means the preservation of or change to the natural
features of a site by adding lawns, trees, shrubs, ornamental plantings,
fencing, walks, driveways or other structures and materials as used in
landscape architecture.
"MAN-MADE WATER FEATURE" means the excavation of land which results
in man-made features that entrap or convey water with a depth of no less
than one (1) meter and includes excavation for a water supply and borrow
pits. This use includes but is not limited to ponds for water supply or fire
protection and dugouts.
"MANUFACTURED HOME" means a dwelling unit that is a pre-fabricated
module and is intended for occupancy.
Land Use Bylaw 1002-18
111
"MANUFACTURED HOME PARK" means a parcel containing four (4) or
more Manufactured Homes, regardless of tenure, but does not include
industrial or construction camps. A Manufactured Home Park may contain
an office for its operation and a community hall.
"MGA" means the Municipal Government Act, Revised Statutes of Alberta
2000, Chapter M-26, and amendments thereto.
"MOTEL" means commercial development for the provision of rooms or
suites for temporary lodging where each room or suite has its own exterior
access, and may include accessory Eating and Drinking Establishments.
"MULTI-LOT SUBDIVISION" means subdivision in a quarter section
containing more than four (4) parcels.
"MUNICIPAL DEVELOPMENT PLAN" means the Municipal Development
Plan (MDP) adopted by Council.
"MUNICIPAL PLANNING COMMISSION" means the Municipal Planning
Commission (MPC).
"MUNICIPALITY" means Brazeau County.
"NATURAL RESOURCE EXTRACTION" means the extraction of natural
resources, including, but not limited to, minerals, sand, gravel, coal, peat,
limestone, gypsum, granite and salt found on or under the site, or
accessible from the site, and associated equipment.
"NATURAL RESOURCE PROCESSING" means the processing of natural
resources, including, but not limited to, minerals, sand, gravel, coal, peat,
limestone, gypsum, granite and salt, and associated equipment.
"NON-CONFORMING BUILDING" has the meaning in Section 643 of the
MGA.
"NON-CONFORMING USE" has the meaning in Section 643 of the MGA.
"OCCUPANCY" means the use or intended use of a building or part thereof
for the shelter or support of persons or property.
"OUTDOOR OILFIELD STORAGE FACILITY" means a development used for
Outdoor Storage, distribution or shipment of raw materials, partially
processed or finished goods, manufactured products, or equipment
associated with the oil and industry. Typical uses include pipe yards,
vehicle or equipment service and storage, and compounds but does not
include the storage of dangerous goods.
"OUTDOOR STORAGE" means the use of land for storage of equipment,
goods and materials in open air where such storage of goods and
materials does not involve the use of permanent structures or the material
alteration of the existing state of the land but does not include the storage
of dangerous goods.
Brazeau County
112
"OUTDOOR STORAGE, TEMPORARY" means land used for the temporary
(90 days) Outdoor Storage of goods and materials and may include the
collection and distribution of goods and materials, excluding dangerous or
hazardous goods and materials. One extension of 30 days may be granted
at the discretion of the Development Officer. Only one (1) Outdoor
Storage, Temporary, will be allowed per calendar year.
"PANHANDLE/FLAG LOT" means any parcel which gains road access
through the use of a narrow strip of land which is an integral part of the
parcel.
Illustration: Panhandle/Flag lot
"PARCEL WIDTH" means the distance between the side parcel boundaries
of a parcel measured at the front setback line. For irregular and pie
parcels, parcel width
shall be the average
of the distances
measured at the
front and rear
setback lines.
Illustration: Parcel
Width
"PARK" means development of a public character including natural open
space, improved parkland and active and passive recreational areas, and
any Accessory Structures or facilities, serving the needs of a municipality,
area or region.
"PERMITTED USE" means the use of land or a building provided for in the
Land Use Bylaw for which a development permit must be issued or
conditionally issued by the Development Authority upon application having
been made to the County.
"PERSONAL SERVICE FACILITY" means commercial development for the
provision of personal services to an individual who is related to the care
and appearance of the person or the cleaning or repair of personal effects
or both including, but not limited to cosmetology, esthetics, clothing repair
and/or cleaning, but not including Health Services.
Land Use Bylaw 1002-18
113
"PERSONAL STORAGE FACILITY" means commercial development for the
provision of individual storage containment buildings for the purpose of
storing non-dangerous goods and materials indoors. A Personal Storage
Facility may include the storage of unoccupied recreational vehicles, boats,
snowmobiles and other similar recreational goods.
"PLACE OF WORSHIP" means a development used for worship and related
religious, philanthropic or social activities.
"PUBLIC AND QUASI-PUBLIC USE" means a use of land or building for the
purposes of but not limited to public administration and services and may
also include a building for the purpose of assembly, culture, recreation or
other community activity.
"PUBLIC UTILITY" has the meaning in Section 616 of the MGA.
"PUBLIC UTILITY FACILITY" means a development which is owned or leased
by the federal, provincial or municipal government for public utility related
activities.
"PRINCIPAL BUILDING" means a building which, in the opinion of the
Development Authority:
(a) Is the primary or main building among one or more buildings
situated on the site;
(b) Constitutes by reason of its use, the primary purpose for which the
site is used; or
(c) Occupies the majority area of a site.
"PRINCIPAL USE" means the primary purpose, in the opinion of the
Development Authority, for which a building or site is used. No more than
one (1) principal use may be located upon a site unless specifically
permitted otherwise in the Land Use Bylaw. At the discretion of the
Development Authority, multi-user buildings may have one (1) principal use
per bay or delineated unit. Examples include strip malls, multi-bay
commercial buildings, and other similar buildings.
"PRIVATE CLUB" means an indoor development used for the meeting,
social, or recreational activities of members of a philanthropic, social
service, non-profit, athletic, business or fraternal organization. Private
Clubs may include rooms for eating, drinking, and general assembly.
"PROPERTY LINE, FRONT" means the property line adjacent to a public
roadway other than an alley. Where more than one property line is
adjacent to a public roadway, the Development Authority may consider the
lot to have to or more front property lines for the purposes of this Bylaw.
"PROPERTY LINE, REAR" means the property line opposite to and farthest
from the front property line
Brazeau County
114
"PROPERTY LINE, SIDE" means a property line other than the front and
rear property lines.
"RECREATION SERVICE, INDOOR" means facilities within an enclosed
building for sports, active recreation and performing and cultural arts.
Typical uses include but are not limited to arenas, athletic clubs, health
and fitness clubs, gymnasiums, swimming pools, rifle and pistol ranges,
bowling alleys, and racquet clubs. This does not include gaming facilities.
"RECREATION SERVICE, OUTDOOR" means development providing
facilities that are available to the public for sports and active recreation
conducted outdoors. Typical facilities would include, but not limited to golf
courses, driving ranges, ski hills, ski jumps, sports fields, outdoor tennis
courts, unenclosed ice surfaces or rinks, athletic fields, boating facilities,
miniature golf establishments, Scout/Guide camps, religious outdoor
retreat camps and parks, paint ball parks, gymkhana/rodeos, trail riding.
"RECREATIONAL VEHICLE" means a licensed vehicle or portable structure,
designed to be moved by a vehicle, to provide sleeping accommodation for
travel and recreation purposes. Recreational Vehicles include, but are not
limited to, motor homes, campers, and holiday trailers. Recreational
Vehicles do not include manufactured homes or provide for the
attachment or use of any projections including, but not limited to, decks
and carports.
"RECYCLING DEPOT" means development used for buying or temporary
storage of, or both, but not limited to, beverage containers, newsprint and
similar domestic materials for reuse, where all storage is contained in an
enclosed building or fenced compound.
"RESIDENTIAL CHARACTER" means the overall appearance of a residential
neighborhood defined through the type of commonly used architectural
features and landscapes on private property. Residential character may
include, but not limited to, building materials, roof lines, colors, typical
setbacks and nature of special architectural elements.
"RETAIL" means a development used for retail sale of consumer goods on
a daily basis in an enclosed building including, but not limited to, food
stores, liquor stores, drug stores, video sales and rentals, and variety
stores selling confectionery, tobacco, groceries, beverages,
pharmaceutical and personal care items, hardware or printed matter. This
use does not include Cannabis Retail Sales other than in licensed
pharmacies.
"SATELLITE DISH" means a parabolic device and its support structure
designed to receive or transmit frequencies transmitted by satellites.
"SCREENING" means a fence, earth berm, or hedge used to visually or
physically or both separate areas.
"SECONDARY SUITE" means an accessory dwelling unit located within a
principal dwelling unit or within an accessory structure and has a separate
entrance from the principal dwelling or Accessory Structure. A tiny dwelling
shall not be considered as a Secondary Suite.
Land Use Bylaw 1002-18
115
"SERVICE STATION" means a development used for the sale of motor fuel,
lubricating oils, automotive fluids, and associated convenience store
products. A Service Station may be self-service, full service, a key lock, a
card lock, or other similar operation and may include vehicle-washing
facilities as an Accessory Use but does not provide auto repair or servicing.
"SETBACK" means the minimum distance that a structure is to be
separated from a property line or any other features specified by the Land
Use Bylaw. No building or portion of a building above the general ground
level of the graded lot shall be within a setback, unless otherwise
permitted in the Land Use Bylaw.
Illustration: Setbacks
"SETBACK, FRONT" means that portion of a parcel extending from one side
property line to an opposite side property line between the front property
line and a plane parallel at a distance required by the land use district and
from where legal access is gained.
"SETBACK, REAR" means that portion of a parcel extending from one side
property line to an opposite side property line between the rear property
line and a plane parallel at a distance required by the land use district.
"SETBACK, SIDE" means that portion of the parcel extending from the front
setback to the rear setback between the side property line and a plane
parallel at a distance required by the land use district.
"SHORELINE" means the line or contour depicting the mean high water
mark of a permanent watercourse or water body.
"SIGN" means an object or device, whether illuminated or non-illuminated,
used for the purpose of identification, advertisement, direction or
attracting attention to any person, object, event, or place, and which does
not resemble or conflict with a traffic sign under the Traffic Safety Act.
"SIGN AREA" means the total surface area of a sign and, in the case of a
sign comprised of individual letters or symbols, must be calculated as the
area of a rectangle enclosing the letters or symbols.
"SITE" means one (1) or more parcels for which an application is
submitted and may include roads, alleyways, walkways, and any other land
surface upon which subdivision and/or development is proposed.
Brazeau County
116
"SITE AREA" means the total area of a site.
"SITE COVERAGE" means the area of a site occupied by principal and
accessory structures.
"SITE GRADING" means the reshaping of land that substantially affects
drainage patterns of the site or may cause an adverse impact on
neighbouring properties or roadways.
"SITE PLAN" means a detailed, dimensional plan at a reproducible scale
providing information and graphic depiction of all physical development
relationships to occur on a site.
"SIGHT TRIANGLE" means that triangle
formed between the intersection of two curb
lines and points located 4.5 m from this
intersection along the intersecting curb
lines.
Illustration: Sight Triangle
"SOCIAL CARE FACILITY" means an individual facility that provides
accommodation for individuals who by reason of their emotional, mental,
physical and social condition benefit from receiving professional care and
supervision. Social Care Facilities may include substance abuse treatment
centres, and temporary shelter services.
"SOLAR COLLECTOR" means a structure and accessories designed to
convert solar radiation into electrical or thermal energy.
"STORAGE CONTAINER" means a container used as an accessory structure
for the storage of goods and materials.
"STRUCTURE" means anything constructed or placed on, in, over or under
land, but does not include a highway or public roadway or a bridge that
forms part of a highway or public roadway.
"STRUCTURE HEIGHT" means the vertical distance between the highest
finished grade and the highest point of a structure. Church spires, belfries,
monuments, fire and hose towers, observation towers, transmission
towers, chimneys, flag poles, radio towers/mast/aerials, water towers,
elevator housings, solar collectors, are not considered as part of the
structure height.
"SUBDIVISION AND DEVELOPMENT APPEAL BOARD" means the
subdivision and development appeal body established by bylaw.
"SUBDIVISION AND DEVELOPMENT REGULATION" means the Subdivision
and Development Regulation AR 43/2002 and amendments thereto.
"SURVEILLANCE SUITE" means the provision of surveillance for the
maintenance, security and safety of the primary establishment. A
Surveillance Suite can be either attached to the primary establishment, an
existing dwelling, or be a Manufactured Home.
Land Use Bylaw 1002-18
117
"SURVEILLANCE SUITE, TEMPORARY" means a recreational vehicle (RV)
used for the temporary provision of surveillance for the maintenance,
security, and safety of the primary establishment or use.
"TAXIDERMY" means a development for the preservation and mounting of
animal skins in lifelike forms for profit or for personal use in a detached
building not containing a dwelling unit.
"TELECOMMUNICATIONS TOWER" means any tower used to provide a
broad range of communication services through the transmitting, receiving
or relaying of voice and data signals such as radio, cellular, broadcast,
Personal Communication Services (PCS) and wireless data that are
regulated by the federal government. For the purposes of the Land Use
Bylaw, this excludes Antenna. Examples include cell phone towers and
wireless internet towers.
"TEMPORARY" means such period of time as determined by the
Development Authority.
"TEMPORARY STRUCTURE" means a structure, without a foundation, for
which the sole purpose is incidental to the completion of a development,
for which a permit has been issued under the Land Use Bylaw, and is
removed when a determined time period has ceased or activity or use has
been completed.
"TERMINAL FACILITIES" means a development which provides services to
or handling of aircraft passengers and air freight, usually located adjacent
to the runway. Services provided within these facilities may include but not
be limited to airport operations and administration, food and personal
services, and freight and baggage handling.
"TOP OF BANK" means:
(a) The point closest to the boundary of the active flood plain of a
stream where a break in the slope of the land occurs such that the
grade beyond the break is flatter than 30% at any point for a
minimum distance of 6 metres measured perpendicularly from the
break; and
(b) For a flood plain of a stream where the slope of the land beyond the
edge is flatter than 30% at any point for a minimum distance of 6
metres measured perpendicularly from the edge.
Illustration: Top of Bank
"USE" means the purpose or activity for which a piece of land or its
buildings are designed, arranged, developed or intended, or for which it is
occupied or maintained.
Brazeau County
118
"VEHICLE" means a mobile machine that transport passengers or cargo.
"WAREHOUSE SALES OR STORAGE" means development for the use of an
indoor storage facility where a range of goods are displayed or stored or
both for wholesale or retail sales.
"WASTE MANAGEMENT FACILITY" means a site used primarily for the
storage, processing, treatment and disposal of solid or liquid wastes or
both, which may have an adverse environmental impact on adjacent sites
by virtue of potential emissions or appearance or both. Typical uses may
include landfills, garbage transfer and compacting stations, recycling
facilities (not including Recycling Depots), incinerators, sewage lagoons
and similar uses.
"WATER BODY" means a permanent and naturally occurring body of water,
or a naturally occurring river, stream, watercourse or lake.
"WATER COURSE" means any location where water flows continuously, but
does not include man-made water features.
"WEIGH SCALE OFFICE" means a scale used to weigh vehicles that is often
supported by a building that functions as an office for processing of
vehicles being weighed.
"WORKS" means the construction or installation of roads, landscaping,
trails, amenities, public utilities or municipal services or any of them.
"WORK CAMP" means a complex used to provide housing on a temporary
basis, which may consist of mobile units that provide sleeping, eating, and
other basic living facilities associated with a project.
"YARD" means that portion of a site located between the property line and
nearest exterior wall of the principal building.
"YARD, FRONT" means that portion of the lot extending across the full
width of a lot from the front property line to the nearest portion of the
building.
"YARD, REAR" means that portion of the lot extending across the full width
of a lot from the rear property line to the nearest portion of the building.
"YARD, SIDE" means that portion of the lot extending from the front yard to
the rear yard and lying between the side property line and the nearest
portion of the building.
5
32
28
1
8
6
11
20
19
23
13
16
3
12
2
10
21
17
24
31
18
4
9
30
14
34
27
29
22
26
33
15
7
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
0
0.6
1.2
1.8
2.4
0.3
km
O'Chiese Reserve
45-9
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
119
19
4
23
13
2
9
36
11
21
20
17
24
31
18
30
34
14
16
29
3
12
10
26
33
8
15
27
7
5
22
32
28
1
6
35
25
0
0.6
1.2
1.8
2.4
0.3
km
O'Chiese Reserve
45-10
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
120
29
3
26
33
15
7
27
22
5
35
28
32
8
1
6
25
19
23
2
13
12
16
9
36
10
11
21
20
17
24
31
18
34
30
4
14
0
0.6
1.2
1.8
2.4
0.3
km
O'Chiese Reserve
45-11
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
121
6
35
32
8
28
19
23
20
9
11
17
31
18
30
34
4
14
2
16
10
3
21
33
15
26
27
7
22
29
5
0
0.6
1.2
1.8
2.4
0.3
km
46-9
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
122
2
20
9
21
11
17
18
19
30
34
23
1
4
16
10
3
29
33
15
25
26
13
14
31
24
7
5
22
35
32
8
28
12
36
27
6
0
0.6
1.2
1.8
2.4
0.3
km
46-10
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
123
15
26
33
13
36
27
7
24
22
3
29
12
6
35
5
28
32
8
23
1
20
19
11
18
14
30
34
31
4
2
16
10
9
21
25
17
620
0
0.6
1.2
1.8
2.4
0.3
km
46-11
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
124
32
20
19
21
29
30
31
28
33
0
0.6
1.2
1.8
2.4
0.3
km
47-3
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
125
47-4
35
30
31
20
21
33
23
29
32
25
26
28
34
24
22
36
19
27
20
0
0.6
1.2
1.8
2.4
0.3
km
47-4
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
126
47-5
29
34
33
25
26
36
28
27
24
32
20
19
22
35
21
23
30
31
616
47-5
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
0
0.6
1.2
1.8
2.4
0.3
km
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Provincial Park
127
47-6
24
22
26
36
27
35
30
20
19
21
23
33
31
29
32
25
34
28
76
616
0
0.6
1.2
1.8
2.4
0.3
km
47-6
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
128
21
30
31
29
23
33
26
34
28
24
32
25
20
19
27
35
22
36
0
0.6
1.2
1.8
2.4
0.3
km
47-7
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Township Grid
Provincial Park
129
34
33
25
28
32
36
17
26
27
22
24
16
18
20
19
35
21
30
23
31
15
13
29
0
0.6
1.2
1.8
2.4
0.3
km
47-8
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
130
47-9
dgepole
18
19
22
27
24
16
36
6
17
15
2
13
20
9
11
35
21
30
31
4
10
29
3
33
23
14
28
7
5
26
8
32
34
25
0
0.6
1.2
1.8
2.4
0.3
km
47-9
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Provincial Park
131
30
23
31
4
2
15
11
9
13
10
21
34
14
25
7
33
3
29
1
32
36
17
28
5
6
26
27
8
24
16
12
18
19
22
20
35
47-10
±
0
0.6
1.2
1.8
2.4
0.3
km
47-10
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Provincial Park
Powerhouse Road
132
28
7
5
32
34
25
18
6
26
8
22
24
27
36
17
15
12
11
19
9
13
20
35
21
30
16
2
3
29
33
10
1
23
31
14
4
0
0.6
1.2
1.8
2.4
0.3
km
47-11
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
133
17
18
6
4
9
5
7
8
48-3
48-3
Zoning M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
±
0
0.6
1.2
1.8
2.4
0.3
km
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Provincial Park
Town/Village Boundaries
134
48-4
9
4
36
16
12
19
22
20
27
35
30
21
31
2
15
11
13
7
23
1
6
14
8
10
3
29
33
5
17
34
32
18
25
26
24
28
20
39
48-4
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
0
0.6
1.2
1.8
2.4
0.3
km
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Provincial Park
135
15
13
10
5
29
7
23
30
31
2
14
8
33
17
28
34
1
3
6
18
25
26
22
27
24
32
4
36
9
19
11
20
12
35
21
16
616
0
0.6
1.2
1.8
2.4
0.3
km
48-5
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
136
34
25
18
26
28
32
4
36
9
16
19
22
27
24
21
30
31
2
11
15
20
13
7
12
35
1
23
3
6
8
14
17
33
29
5
10
48-6
22
616
0
0.6
1.2
1.8
2.4
0.3
km
48-6
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
137
48-7
Greenwood Estates
19
35
20
22
12
4
16
11
13
5
10
7
15
23
21
30
31
2
17
33
29
1
34
14
6
3
8
18
27
26
24
32
28
36
9
25
0
0.6
1.2
1.8
2.4
0.3
km
48-7
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Provincial Park
138
48-8
Violet Grov
23
1
14
3
31
2
8
33
5
7
29
10
34
6
18
25
17
32
28
4
36
9
27
26
24
22
21
20
30
19
11
16
13
12
15
35
0
0.6
1.2
1.8
2.4
0.3
km
48-8
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
139
48-9
24
26
28
32
34
18
25
19
27
16
22
35
12
4
36
9
20
11
31
13
7
15
21
30
2
17
33
5
10
29
6
1
14
3
23
8
620
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
0
0.6
1.2
1.8
2.4
0.3
km
ZONING CODES
48-9
Zoning Map
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
140
21
20
19
16
11
35
12
14
30
23
2
8
31
7
5
13
10
15
29
6
1
34
3
18
25
33
17
28
36
4
9
27
24
26
22
32
0
0.6
1.2
1.8
2.4
0.3
km
48-10
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
141
17
33
10
29
5
14
6
1
23
3
8
26
28
32
25
34
18
19
16
24
27
22
4
36
9
31
11
7
21
35
12
15
13
30
20
2
0
0.6
1.2
1.8
2.4
0.3
km
48-11
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
142
49-4
9
4
20
19
10
30
31
7
8
6
1
3
18
17
5
0
0.6
1.2
1.8
2.4
0.3
km
49-4
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
143
49-5
Birchwood Village
Lindale
25
20
24
30
27
28
26
19
32
31
36
7
5
8
3
10
1
16
35
12
22
17
13
23
2
6
11
21
15
18
14
29
34
4
33
9
0
0.6
1.2
1.8
2.4
0.3
km
49-5
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
144
49-6
3
8
10
6
16
1
11
12
21
35
15
13
17
5
33
18
14
29
23
2
20
32
28
9
19
34
4
25
27
24
26
22
31
36
7
30
759
39
49-6
Zoning Map
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Provincial Park
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
0
0.6
1.2
1.8
2.4
0.3
km
145
49-7
Woodridge Estates
Valley View Estates
Valley View Estates
Westbank Acres
Birchfield Acres
Par View Estates
Eastview Heights I
Ring Road Estates
River Ridge Estates
Country Club Estates
ex Block
Fairway Meadows / North
Eastview Heights II
River Ravine Estates
anch Country Estates
Sunset Acres
Drayton Valley
Poplar Ridge
29
14
4
23
33
9
34
25
24
20
32
28
26
19
31
36
7
30
5
27
10
16
12
35
22
8
13
17
2
3
6
1
11
21
18
15
22
49-7
Zoning Map
ZONING CODES
Provincial Park
Town/Village Boundaries
Natural Resource Extraction &
Processing
Urban Reserve
Institutional
Direct Control
Crown Land
Recreation
Light Industrial
Rural Industrial
Commercial
Manufactured Home Park
Birchwood Country Condominium
Hamlet Residential
Compact Country Residential
Country Residential
Airport Land District
Agricultural Holdings
Agricultural
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
0
0.6
1.2
1.8
2.4
0.3
km
146
20
24
27
32
26
22
31
7
30
36
10
3
16
35
6
1
21
12
8
17
5
11
15
18
29
13
14
23
2
33
28
19
9
34
4
25
49-8
Cottonwood Acres
Kimberly Heights
Hilltop Acres
Re
The Ran
0
0.6
1.2
1.8
2.4
0.3
km
49-8
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
147
49-9
13
17
2
5
16
35
3
1
11
15
12
21
6
18
8
29
14
23
33
9
34
4
25
20
19
32
26
28
7
31
30
36
22
10
24
27
0
0.6
1.2
1.8
2.4
0.3
km
49-9
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Provincial Park
148
33
9
29
14
4
34
20
24
19
32
28
26
30
25
22
3
16
35
27
12
8
31
7
1
36
10
5
11
21
6
18
15
13
17
23
2
753
0
0.6
1.2
1.8
2.4
0.3
km
49-10
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
149
31
7
30
36
22
27
24
26
13
5
17
1
11
10
16
3
35
21
6
12
8
15
14
23
2
18
33
29
4
25
20
34
19
28
9
32
0
0.6
1.2
1.8
2.4
0.3
km
49-11
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
150
6
18
7
0
0.6
1.2
1.8
2.4
0.3
km
50-4
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
151
152
4
21
7
9
6
18
22
5
20
1
17
19
10
16
8
3
12
13
2
14
11
30
15
50-6
0
0.6
1.2
1.8
2.4
0.3
km
50-6
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Provincial Park
Natural Resource Extraction &
Processing
Urban Reserve
Institutional
Direct Control
Crown Land
Recreation
Light Industrial
Rural Industrial
Commercial
Manufactured Home Park
Birchwood Country Condominium
Hamlet Residential
Compact Country Residential
Country Residential
Airport Land District
Agricultural Holdings
Agricultural
153
50-7
Beaver Estates
Panarama Estates
Rocky Rapids
18
22
6
10
19
16
17
8
30
15
3
33
29
5
2
13
20
12
1
11
23
24
34
28
32
9
26
21
14
25
7
35
27
31
4
36
22
624
0
0.6
1.2
1.8
2.4
0.3
km
50-7
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
154
50-8
2
28
25
11
34
17
30
15
33
13
14
21
4
31
36
24
7
27
32
26
9
6
35
5
20
12
1
23
19
10
16
18
3
8
22
29
621
0
0.6
1.2
1.8
2.4
0.3
km
50-8
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
155
24
7
27
9
4
31
21
36
35
18
22
6
30
17
8
3
29
33
13
12
15
5
20
1
11
16
23
10
19
32
34
14
26
2
28
25
0
0.6
1.2
1.8
2.4
0.3
km
50-9
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
156
50-10
Cynthia
12
5
20
23
16
10
19
18
8
22
15
2
1
11
30
34
17
3
13
29
33
28
4
21
25
32
24
14
26
9
31
36
6
35
7
27
753
0
0.6
1.2
1.8
2.4
0.3
km
50-10
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
157
30
32
34
14
13
15
2
28
25
11
7
24
26
9
4
31
21
27
36
35
22
6
18
17
3
8
33
29
12
1
10
20
19
5
23
16
0
0.6
1.2
1.8
2.4
0.3
km
50-11
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
158
49 AVE
51 ST
50 ST
49A
AVE
49 AVE
47 ST
48 ST
49 ST
HW
Y 616
RGE RD 71
0
60
120
180
240
30
m
Buck Creek
(PART OF 47-7)
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
159
54A AVE
50 AVE
51 AVE
49 ST
49A S
T
48A ST
52 AVE
54 AVE
49A ST
54 AVE
55 AVE
56 AVE
53 AVE
49A ST
50B ST
49 ST
50A ST
48B ST
51 ST
49A ST
53 AVE
HWY753
4
7 ST
HWY621
0
130
260
390
520
65
m
Cynthia
(PART OF 50-10)
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
160
50A AVE
TW
P RD 494
RGE RD 53
0
80
160
240
320
40
m
Lindale
(PART OF 49-5)
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
161
0
75
150
225
300
37.5
m
Lodgepole
(PART OF 47-10)
Land Use Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
162
65 Street
66 Street
64
Street
63
Street
51
Av
e
nue
64A
S
treet
54 Avenue
56 Avenue
64A Street
51 Avenue
50A Avenue
64 Street
50 Avenue
52 Avenue
Township Road 492
Range Road 80
Poplar Ridge
(PART OF 49-7)
Zoning Map
ZONING CODES
ZONING CODES
Agricultural
Agricultural Holdings
Airport Land District
Country Residential
Compact Country Residential
Hamlet Residential
Birchwood Country Condominium
Manufactured Home Park
Commercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
0
0.1
0.2
0.3
0.4
0.05
km
163
48 ST
50A AVE
50A
AVE
50A ST
48 AVE
51 ST
49 ST
49 AVE
51A AVE
51 AVE
52 AVE
52
S
T
52 AVE
TW
P RD 500
RGE RD 73
0
90
180
270
360
45
m
Rocky Rapids
(PART OF 50-7)
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
164
HW
Y 620
TW
P
483A
48 AVE
50 ST
TW
P 483A
48 ST
50 ST
TW
P RD 484
RGE RD 80
0
80
160
240
320
40
m
Violet Grove
(PART OF 48-8)
Land Use M
ap
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This m
ap is intended for advisory purposes only. It is based
upon data sources deem
ed reliable but Brazeau County is
not responsible for errors or om
issions.
ZONING CODES
Agricultural
Agricultural Holdings
Country Residential
Com
pact Country Residential
Ham
let Residential
Birchwood Country Condom
inium
M
anufactured Hom
e Park
Com
m
ercial
Rural Industrial
Light Industrial
Recreation
Crown Land
Direct Control
Institutional
Urban Reserve
Natural Resource Extraction &
Processing
Town/Village Boundaries
Provincial Park
165
29
14
23
33
6
10
34
8
3
25
2
5
12
24
20
1
32
28
11
26
19
31
36
30
9
27
16
35
22
7
13
17
4
21
18
15
49-7
Beaver Estates
Westbank Acres
Birchfield Acres
Par View Estates
Country Club Estates
Fairway Meadows / North
h Country Estates
Sunset Acres
oplar Ridge
Rocky Rapids
Airport Protection Overlay
(PART OF 49-7)
Zoning Map
CONTACT BRAZEAU COUNTY FOR ZONING VERIFICATION
This map is intended for advisory purposes only. It is based
upon data sources deemed reliable but Brazeau County is
not responsible for errors or omissions.
2,500m
#
#
2,500m
321m
321m
#
#
#
#
#
#
±
0
0.55
1.1
1.65
2.2
0.28
km
Town/Village Boundaries
Provincial Park
Natural Resource Extraction &
Processing
Urban Reserve
Institutional
Direct Control
Crown Land
Recreation
Light Industrial
Rural Industrial
Commercial
Manufactured Home Park
Birchwood Country Condominium
Hamlet Residential
Compact Country Residential
Country Residential
Airport Land District
Agricultural Holdings
Agricultural
166
Land Use Bylaw 1002-18
167
17 APPENDICIES
17.1 Direct Control Districts
DC #
DATE
BYLAW #
DESCRIPTION
DC-1
Sept - 2005
515-05
NE-10-49-9-5 (repealed 2-Dec-25)
DC-2
Mar - 2009
662-08
SE-29-50-7-5
DC-3
Feb - 2009
677-09
SW-27-50-7-5
DC-4
Nov - 2010
738-10
Replaced by DC-13
DC-5
Oct - 2010
741-10
E-3-49-7-5
DC-6
July - 2011
763-11
Replaced by DC-15
DC-7
Aug - 2011
765-11
NW-21-50-7-5
DC-8
Oct - 2011
775-11
SW-23-48-8-5 (repealed and replaced by DC-19 Bylaw 1157-23)
DC-9
Aug - 2013
816-13
NE-35-48-4-5
DC-10
Mar - 2015
862-15
Replaced by DC-14
DC-11
Dec - 2015
887-15
SW-27-49-5-5 & NW-22-49-5-5
DC-12
May - 2017
936-17
SE 3-50-7-W5M
DC-13
Nov - 2017
961-17
NW 13-49-8-W5M
Brazeau County
168
DC #
DATE
BYLAW #
DESCRIPTION
DC-14
Apr - 2018
983-18
NW 12-49-7-W5M
DC-15
May - 2018
986-18
Pt. NW 7-48-9-W5M
DC-16
Sep - 2018
994-18
NW 9-48-7-W5M
DC-17
Jun - 2022
1101-22
SW 15-50-5-W5M & Pt NW 15-50-5-W5M
DC-18
May - 2024
1170-24
Lots 1 & 2 Block 1 Plan 822 0824 within SW 13-50-6-W5M
DC-19
Jan-2025
1157-23
Pts SW 23-48-8-W5M
DC-20
Feb-2026
1222-26
SE 17-48-7-W5M
BRAZEAU COUNTY
BYLAW 662-08
BEING A BYLAW OF BRAZEAU COUNTY, IN THE PROVINCE OF ALBERTA, TO
AMEND LAND USE BYLAW NO. 474-04, AS AMENDED
WHEREAS, Council of Brazeau County deems it expedient and proper, under the authority
of and in accordance with the Municipal Government Act, RSA 2000, Chapter M-26 and
amendments thereto, to make certain amendments to Land Use Bylaw No. 474-04, as
amended; and
WHEREAS, the public participation requirements of Section 692 of the Municipal
Government Act, RSA 2000, Chapter M-26, have been complied with;
NOW THEREFORE, the Council of Brazeau County, duly assembled, enacts as follows:
1.
That a portion of SE 29-50-07-W5M be re-districted from Agriculture District (AG) to
Direct Control District (DC), as shown on the attached Schedule "A" ('the Lands");
and
2.
That the regulations of this Direct Control District comprise:
1.0
General Regulations
10
Land Use Regulations
3.0
Development Regulations
4.0
Definitions
5.0
Implementation
1.0
General Regulations
1.1
For the purposes of this Bylaw, the boundaries and description of the Lands
shall be more or less as indicated in Schedule
A" attached hereto and
forming part hereof.
1.2
PART I and PART Ill of Land Use Bylaw 474-04, as amended, are applicable
unless otherwise specified in this Bylaw.
1.3
That Council is the Development Authority for the issuance of Development
Permits for the Lands subject to this Bylaw.
1.4
All use and development upon the Lands shall be in accordance with all
plans and specifications submitted pursuant to this Bylaw: and all licenses,
permits and approvals (municipal, provincial and/or federal) pertaining to the
Lands.
1.5
The development of any new structures or any addition to existing structures
will require approval of a development permit.
1.6
Any use of the Lands not listed in Section 2 of this Bylaw is prohibited unless
otherwise stated in this Bylaw.
1,7
Proposals fordevelopment, use (including re-designation), and/or subdivision
beyond that provided in this Bylaw shall require an amendmentto this Bylaw.
1.8
All use and development upon the Lands shall be subject to approval by
Alberta Transportation, and in accordance with Alberta Transportation's
licenses, permits and approvals.
169
2.0
Land Use Regulations
2.1
Purpose
The purpose of this District is to provide a mechanism to legalize the existing
industrial use and development on the Lands.
2.2
List of Uses
2.2.1
Permitted Uses
-
Landscaping
-
Fencing
-
Signs
-
Accessory Buildings (existing at the time of adoption of this
Bylaw)
2.2.2
Discretionary Uses
Contracting Services, Major (existing at the time of adoption of
this Bylaw)
-
Surveillance Suite
2,3
Minimum Requirements:
2.3.1
Setbacks
(a)
Front Yard
(i)
40.0 m (131 ft.) where abutting a County road where
road widening has
not been dedicated
or where
abutting a Highway.
(b)
Side Yard
(i)
3.0 m (10 ft.).
(ii)
40.0 m (131 ft.) where abutting a County road where
road widening has not been dedicated orwhere abutting
a Highway.
(c)
Rear Yard
(i)
5.0 m (16 if).
2.4
Maximum Requirements:
2.4.1
Site Coverage:
(a)
60%
2.4.2
Maximum Height
(a)
g.o m (30 ft.) or three (3) storeys
- the lesser thereof - for the
principle building.
(b)
Accessory buildings will be equal to or less than the height of
the principle budding.
(c)
Fencing/screening will be at the discretion of the Development
Authority.
(d)
Free-standing
signs
shall
be
at
the
discretion
of the
Development Authority.
170
3.0
Development Regulations
3.1
Utihties/Servicing
3.1.1
The Owner shall apply to Alberta Municipal Affairs for the pertinent
building, electncal. gas and plumbing permits to ensure compliance
with the Alberta Building, Electrical, Plumbing and Gas Standards and
Regulations.
3.1.2
The Owner must provide the County with the name of the authorized
agency contracted for the pertinent building, electrical, gas and
plumbing inspections and permits.
3.1.3
The site shall be have an approved private sewage disposal system.
3.1.4
Potable water shall be provided by water wells! licensed and
approved for the applicable use (i.e.
-- residential or commercial), by
Alberta Environment.
3.1.5
The Owner is responsible for all solid waste disposal. Garbage and
waste material shall be stored
in appropriate containers (i.e.
-
weather-proof and animal-proof containers), and disposed of at an
approved disposal site to the satisfaction of the Development
Authority.
3.2
Alberta Transportation
3.2.1
The Owner must obtain all necessary permits and/or approvals from
Alberta Transportation as per the Public Highways Development Act
or any current legislation which replaces this act.
3.3
Landscaping
3.3.1
Landscaping must not impede sight triangles of intersections of roads
and approaches.
3.3.2
The Owner shall be responsible for the control of any weeds on the
lands in accordance with the applicable provincial regulations.
3.4
Jge
3.4.1
Signage shall be considered concurrenlty with a Development Permit
application and may be free-standing or integrated into building
architecture.
3.4.2
There shall be no flashing or animated signs.
3.4.3
Signage not exceeding 1.5 m2 (16 ft.2) in sign area for the purpose of.
1) identification, direction or warning; or 2) relating to a person,
partnership, or company operating a profession, business. Signage is
subject to approval of a Development Permit.
171
3.5
Sagy_andrnvironmentalRe4ations
3.5.1
Any storage and disposal of oils, fluids or other hazardous substances
(including fuel) shall be in accordance with provincial regulations and
requirements set out by Alberta Environment, the Environmental
Protection and Enhancement Act, and the Alberta Fire Code.
3.5.2
All development must comply with the applicable E.R.C.B. setbacks
unless lesser distance is agreed to in writing by E.R.C.B.; and,
E.R.C.B. must be contacted by the owner to ensure that no active or
abandoned well sites are located on the subject lands.
3.5.3
Additional
requirements
may
be deemed
appropriate
by
the
Development
Authority
upon
review
and
consideration
of
a
development proposal. These requirements may include, but are not
limited to, submission of a Storm Water Drainage Plan.
3.6
Development Permits
3.6.1
Development Permit Applications
(a)
The Owner shall submit Development Permit applications for
all existing uses and structures on the Lands not previously
approved by the Development Permit process.
(b)
The Owner shall submit Development Permit applications for
all proposed uses and structures, or expansion of uses or
structures, on the Lands.
3.6.2
Development Permit Terms and Issuance
(a)
The
Development
Authority
may
consider
approval
of
Development Permit applications in accordance with PART Ill
of the Land Use By-law 474-04, as amended.
3.6,3
Development Permit Conditions
(a)
The
Development
Authority
may,
through
Development
Agreements or conditions of Development Permit approval,
stipulate any criteria or condition necessary to ensure all
development of the Lands conforms to the requirements of this
Bylaw and PART Ill of the Land Use By-law 474-04, as
amended.
411
Definitions
4.1
"The Lands" means the lands as identified in Schedule A' attached hereto.
4.3
Terms not defined above have the same meaning as defined in PART I
--
Section 1.6 of Land Use Bylaw 474-04, as amended.
5.0
Implementation
5.1
This Bylaw shall take effect upon the final passing thereof.
172
READ a first time this 3
day of _February, 2009
READ a second time this
17th
day of
March
2009
READ a third time and finally passed this
17th
day of
March
2009
-J
Reeve
County Manager
173
SCHEDULE "A"
APPROXIMATF.LY
S ACRFS
L
-O
TWR 504
174
BRAZEAU COUNTY
BYLAW 677-09
BEING A BYLAW OF BRAZEAU COUNTY, IN THE PROVINCE OF ALBERTA, TO
AMEND LAND USE BYLAW NO. 474-04, AS AMENDED
WHEREAS, Council of Brazeau County deems it expedient and proper, under the authority
of and in accordance with the Municipal Government Act, RSA 2000, Chapter M-26 and
amendments thereto, to make certain amendments to Land Use Bylaw No, 474-04, as
amended; and
WHEREAS, the public participation requirements of Section 692 of the Municipal
Government Act, RSA 2000, Chapter M-26, have been complied with;
NOW THEREFORE, the Council of Brazeau County, duly assembled, enacts as follows:
1.
That Lot 1, Plan 932 1371 (Part of SW 27-50-7-W5M) be re-districted from
Agriculture District (AG) to Direct Control District (DC), as shown on the attached
Schedule "A" ("the Lands") to this By-law and the appropriate Land Use District Map
be amended accordingly,
2.
That Direct Control District By-law 677-09 and attached Schedule "A" form part of
Land Use fly-law 474-04, as amended.
3.
That the regulations of this Direct Control District comprise:
1 .0
General Regulations
2.0
Land Use Regulations
3.0
Development Regulations
4.0
Definitions
5.0
Implementation
1.0
General Regulations
1 .1
For the purposes of this Bylaw, the boundaries and description of the Lands
shall be more or less as indicated in Schedule "A" attached hereto and
forming part hereof.
1.2
PART land PART III of Land Use Bylaw 474-04, as amended, are applicable
unless otherwise specified in this Bylaw.
1.3
That Council is the Development Authority for the issuance of Development
Permits for the Lands subject to this Bylaw.
1.4
All use and development upon the Lands shall be in accordance with all
plans and specifications submitted pursuant to this Bylaw; and all licenses,
permits and approvals (municipal, provincial and!or federal) pertaining to the
Lands.
1.5
The development of any new structures or any addition to existing structures
will require approval of a development permit.
1.6
Any use of the Lands not listed in Section 2 of this Bylaw is prohibited unless
otherwise stated in this Bylaw.
1.7
Proposals for development, use (including re-designation), and/or subdivision
beyond that provided in this Bylawshall require an amendment to this Bylaw.
'V
175
2.0
Land Use Regulations
2.1
Purpose
The purpose of this District Is to provide for a mechanism to legitimize the
existing business and developments on the Lands.
2.2
List of Uses
2.2.1
Permitted Uses
-
Single Family Dwelling Unit
-
Equipment Rentals (Portable outhouse rentals)
-
Commercial Service Vehicles
-
Accessory Buildings
2.2.1
Discretionary Uses
-
Major home occupation (existing at the time of adoption of
this Bylaw)
2.3
Minimum Requirements:
2.3.1
Setbacks
(a)
Front Yard
(i)
40.0 m (131 ft.) where abutting a County road where
road widening has not been dedicated.
(b)
Side Yard
(i)
6.0 m (20 ft.)
(H)
40.0 m (131 ft.) where abutting a County road where
road widening has not been dedicated.
(c)
Rear Yard
(i)
8.0 m (26 if).
2.4
Maximum Requirements:
2.4.1
Maximum Height
(a)
8.5 m (28 ft.) or three (3) storeys
- the lesser thereof
- for the
principle building.
(b)
Accessory buildings will be equal to or less than the height of
the principle building.
(c)
Fencing!screening will be at the discretion of the Development
Authority.
(d)
Free-standing
signs
shall
be
at
the
discretion
of
the
Development Authority.
3.0
Development Regulations
3.1
Utilities/ Servicing
3.1.1
The Owner shall apply to Alberta Municipal Affairs for the pertinent
building, electrical, gas and plumbing permits to ensure compliance
176
with the Alberta Building, Electrical, Plumbing and Gas Standards and
Rogulations.
3.1.2 The Owner must provide the County with the name of the authorized
agency contracted for the pertinent building, electrical! gas and
plumbing inspections and permits!
3.1.3
The site shall have an approved private sewage disposal system.
3.1.4
Potable water shall be provided by water wells, licensed and
approved for the applicable use (i.e.
-- residential or commercial), by
Alberta Environment.
3.1.5
The Owner is responsible for all solid waste disposal. Garbage and
waste material shall be stored
in appropriate containers (i.e.
-
weather-proof and animal-proof containers)! and disposed of at an
approved disposal site to the satisfaction of the Development
Authority.
3.2
Alberta Transportation
3.2.1
If applicable, the Owner must obtain all necessary permits and/or
approvals from Alberta Transportation as per the Public Highways
Development Act or any current legislation which replaces this act.
3.3
Landscaping
3.3.1
Landscaping must not impede sight triangles of intersections of roads
and approaches.
3.3.2
The Owner shall be responsible for the control of any weeds on the
lands
In accordance with the applicable provincial regulations.
3.6
Signage
3.4.1
Signage shall be considered concurrently with a Development Permit
application and may be tree-standing or integrated into building
architecture.
3.4.2
There shall be no flashing or animated signs.
3.4.3
Slgnage not exceeding 1.5 m2 (16 ft.2) in sign area for the purpose of:
1) identIfication, direction or warning; or 2) relating to a person,
partnership, or company operating a profession1 business. Signage is
subject to approval of a Development Permit.
3.5
Safety and Environmental Regulations
3.5.1
Any storage and disposal of oils, fluids or other hazardous substances
(including fuel) shall be in accordance with provincial regulations and
requirements set out by Alberta Environment, the Environmentat
Protection and Enhancement Act, and the Alberta Fire Code.
3.5.2
All development must comply with the applicable E.R.C.B. setbacks
unless lesser distance is agreed to in writing by E.R.C B.; and,
E.R.C.B. must be contacted by the owner to ensure that no active or
abandoned well sites are located on the subject lands.
3.5.3
Additional
requirements
may
be
deemed
appropriate
by
the
Development
Authority
upon
review
and
consideration
of
a
development proposal.
3.6
Development Permits
3.6.1
Development Permit Applications
(a)
The Owner shall submit Development Permit applications for
all proposed uses and structures, or expansion of uses or
7/
177
structures, on the Lands.
3.6,2
Development Permit Terms and Issuance
(a)
The
Development
Authority
may
consider
approval
of
Development Permit applications in accordance with PART ill
of the Land Use By-law 474-04, as amended.
3.6.3
Development Permit Conditions
(a)
The
Development
Authority
may,
through
Development
Agreements or conditions of Deve'opment Permit approval,
stipulate any criteria or condition necessary to ensure all
development of the Lands conforms to the requirements of this
Bylaw and PART
Ill of the Land Use By-law 474-04, as
amended.
4.0
Definitions
4.1
The Lands" means the lands as identified in Schedule "A" attached hereto.
4.3
Terms not defined above have the same meaning as defined in PART
I
--
SectIon 1.6 of Land Use Bylaw 474-04, as amended.
5,0
Implementation
5.1
This Bylaw shall take effect upon the final passing thereof.
READ a first time this
241h
day of
February
, 2009
READ a second time this
7th
day of April _,2009
READ a third time and finally passed this
7th
day of _April
--, 2009
\
Reeve
County Manager
178
SCHEDULE "A"
Lot 1, Nan 932 1371
Part of SW 27-5O-7-W5M
Area to be redesignated from
Agriculture District (AG) to
Direct Control District (DC)
J
e
179
BRAZEAU COUNTY
BYLAW NO: 741-10
BEING A BYLAW OF BRAZEAU COUNTY, IN THE PROVINCE OF ALBERTA, TO
AMEND LAND USE BYLAW NO. 47404, AS AMENDED
WHEREAS, Council of Brazeau County deems
It expedient and proper, under the
authority of and In accordance with the Municipal Government Act, RSA 2000, Chapter
M-26 and amendments thereto, to make certain amendments to Land Use Bylaw No.
474-04; As amended: and
WHEREAS, the public participation requirements of Section 692 of the Municipal
Government Act, RSA 2000, Chapter M-26, have been compiled with;
NOW THEREFORE, the Council of Brazeau County, duly assembled, enacts as follows:
1.
That,
Plan 913 0793,
Lot
1,
within SW 3-49-7-W5M be rn-districted from
Agriculture DIstrict to Direct Control District, as shown on attached Schedule 'A'
(the Lands") to this Bylaw and the appropriate Land Use District Map be
amended accordingly.
2.
That Direct Control District By-law 741-10 and attached Schedule 'A' form part of
Land Use By-law 474-04, as amended.
3.
That the regulations of this Direct Control District comprise:
1,0
General Regulations
2,0
Land Use Regulations
3,0
Development Regulations
4.0
Definitions
5.0
Implementation
1.0
General RegulaUons
1.1
For the purposes of this Bylaw, the boundaries and description of the
Lands shall be more or less as indicated in Schedule
A' attached hereto
and forming part hereof.
1.2
PART
I and PART
Ill of Land Use Bylaw 474-04, as amended, are
applicable unless otherwise specified in this Bylaw.
1.3
That
Council
is
the
Development
Authority
for
the
issuance
of
Development Permits for the Lands subject to this Bylaw.
1.4
All use and development upon the Lands shaH be in accordance with all
plans and specifications submitted pursuant to this Bylaw; and all licenses,
permits and approvals (municipal, provincial and/or federal) pertaining to
the Lands.
1.5
The development of any new structures or any addition to existing
structures will require approval of a development permit.
1.6
Any use of the Lands not listed in Section 2 of this Bylaw is prohibited
unless otherwise stated in this Bylaw.
180
1.7
Proposals
for
development,
use
(including
re-designation),
and/ol
subdivision
beyond
that
provided
in
this
Bylaw
shall
require ar
amendment to This Bylaw.
1.8
The
River
Fiats
Area
Structure
Plan
--
Bylaw
615-08,
and
any
amendments thereto, is applicable unless otherwise stated in this Bylaw.
2.0
Land Use Regulations
2.1
Purpose
The purpose of this bylaw Is to restrict any further development on the
lands that may be:
1) incompatible with surrounding land uses: 2)
detrimental to the future recreational use of the Lands; and 3) Located
within the 1:50 and 1:100 year floodplain of the North Saskatchewan
River.
This District recognizes that the developments are not permanent and
includes development restrictions that are
intended
to
facilitate
the
eventual
transition
in
land
use
from
commercial
and
industrial to
recreational.
The purpose of this District is to provide for equipment storage use on the
Lands.
2.2
List of Uses
2.2.1
Permitted Uses
Outdoor Storage Facility
2.3
Minimum Requirements:
2.3.1
Setbacks
(a) Front Yard
(i) 40.0 m (131 if.) where abutting a highway
(b) Side Yard
(I) 6.0 m (20 ft.)
(ii) 10.0 m (33 ft.) where abutting an intemai road.
(c) Rear Yard
(i) 8.0 m (26ff.)
2.4
Maximum Requirements:
2.4.1
Maximum Numberof Buildings: 0
2.4.2
Maximum Height
(a)
Fencing/screening
will
be
at
the
discretion
of
the
Development Authority.
3.0
Development Regulations
3.1
Utilities I Servicing
3.1.1
The Owner shall apply to Alberta Municipai Affairs for the pertinent
building, eiectricai, gas and plumbing permits to ensure compliance
181
with the Alberta Building, Electrical, Plumbing and Gas Standards
and Regulations.
3.1.2
The Owner is responsible for all solid waste disposal. Garbage and
waste material shall be stored in appropriate containers (I.e.
-
weather-proof and animal-proof containers), and disposed of at an
approved disposal site to the satisfaction of the Development
Authority.
3,2
Alberta Transportation
3.2.1
if applicable, the Owner must obtain all necessary permits and/or
approvals from Alberta Transportation as per the Public Highways
Development Act or any current legislation which replaces this act
3.3
Landscaping
3.3.1
Landscaping must not impede sight triangles of intersections of
roads and approaches.
3.3.2 The Owner shall be responsible for the control of any weeds on the
lands in accordance with the applicable provincial regulations.
3.4
Signage
3.4.1
Signage shall be considered concurrently with a Development
Permit application and may be free-standing or integrated
Into
building architecture.
3.4.2
There shall be no flashing or animated signs.
3.4.3
Signage not exceeding 1.5 m2 (16 if.2) in sign area for the purpose
of: 1) identification, direction or warning; or 2) relating to a person,
partnership, or company operating a profession, business. Signage
is subject to approval of a Development Permit.
3.5
Safety and Environmental Regulations
3.5.1
Any storage
and
disposal
of oils,
fluids
or other hazardous
substances (Including fuel) shall be in accordance with provincial
regulations and requirements set out by Alberta Environment, the
Environmental Protection and Enhancement Act, and the Aiberta
Fire Code.
3.5.2
All development must comply with the applicable E.R.C.B. setbacks
unless lesser distance is agreed to in writing by E.R.C.B.; and,
E.R.C.B, must be contacted by the owner to ensure that no actIve
or abandoned well sites are located on the subject lands.
3.5.3
AdditIonal
requirements
may
be
deemed
appropriate
by
the
Development
Authority
upon
review
and
consideration
of
a
development proposal.
3.6
Development Permits
3.6.1
Development Permit Applications
(a)
The Owner shall submit Development Permit applications for
all proposed uses and structures, or expansion of uses or
structures, on the Lands.
3.6.2
Development Permit Terms and Issuance
(a)
The
Development
Authority
may
consider
approval
of
Development Permit applications in accordance with PART
Ill of the Land Use By-law 474-04, as amended.
182
3,6.3
Development Permit Conditions
(a)
The
Development
Authority
may,
through
Developmen
Agreements or conditions of Development Permit approval
stipulate any criteria or condition necessary to ensure al
development of the Lands conforms to the requirements o
this Bylaw and PART ill of the Land Use By-law 474-04, a
amended.
(b)
The purpose of this section of the Bylaw Is to control thc
scope, duration, or term of development on the Lands. Th
Development
Authority
must
consider
the
long
tenT
development objectives of the subject lands, pursuant tc
Bylaw
615-08
--
River Flats
Area
Structure
Plan
and
amendment
thereto,
when
considering
a
Development
Permit Application.
(c)
Proposed development of the Lands shall be restricted or
prohibited
once the existing natural resource
extraction
operations are concluded in order to facilitate recreational
use of the Lands.
(d)
The Development Authority may consider, but is not limited
to, the following resources when evaluating the suitability for
development of the Lands:
(I)
The 1:50 and 1:100 floodplain elevations as
established by Alberta Environment.
(ii)
Brazeau County's Environmentally Sensitive
Areas Study (1992)
(Ib)
Studies or reports prepared by a professional
engineer.
(iv)
Any other information required by this Bylaw
and/or deemed necessary by the Development
Authority respecting the lands.
4.0
Definitions
4.1
"The Lands" means the lands as Identified In Schedule
attached
hereto.
4.3
Terms not defined above have the same meaning as defined in PART I
--
Section 1.6 of Land Use Bylaw 474-04, as amended.
5.0
Implementation
5.1
This Bylaw shall take effect upon the final passing thereof.
READ a first time this
12th
day of October
, 2010
READ a second time this
23,d
day of
November
, 2010
READ a third time and finally passed this
23"
day of
November
, 2010
C
Reeve
cg
CAC
183
Schedule "A"
\
N
N
II
a)
0
DIV
III
184
BRAZEAU COUNTY
BYLAW NO: 765-11
BEING A BYLAW OF BRAZEAU COUNTY, IN THE PROVINCE OF ALBERTA, TO AMEND LAND USE
BYLAW NO. 474-04, AS AMENDED
WHEREAS, Council of Brazeau County deems it expedient and proper, under the authority of
and
in accordance with the Municipal Government Act,
RSA 2000, Chapter M-26 and
amendments thereto, to make certain amendments to Land Use
Bylaw No, 474-04; As
amended; and
WHEREAS, the public participation requirements of Section 692 of the Municipal Government
Act. RSA 2000, Chapter M-26, have been complied with;
NOW THEREFORE, the Council of Brazeau County, duly assembled, enacts as follows:
1.
That part of NW 21-SD-7-W5M be ce-districted from Agriculture (AG) to Direct Control
District, as shown on attached Schedule
'A' ('the Lands") to this Bylaw and the
appropriate Land Use District Map be amended accordingly.
2.
That Direct Control District By-law 76611 and attached Schedule "A" form part of Land
Use By-law 474-04, as amended.
3.
That the regulations of this Direct Control District comprise:
1.0
General Regulations
2.0
Land Use Regulations
3.0
Development Regulations
4.0
Definitions
5.0
Implementation
1.0
General Regulations
1.1
For the purposes of this Bylaw, the boundaries and description of the Lands shall
be more or less as indicated in Schedule "A" attached hereto and forming part
hereof.
1.2
PART I and PART Ill of Land Use Bylaw 474-04, as amended, are applicable unless
otherwise specified in this Bylaw.
1.3
That Council is the Development Authority for the issuance of Development
Permits for the Lands subject to this Bylaw.
1.4
All use and development upon the Lands shall be in accordance with all plans
and specifications submitted pursuant to this Bylaw; and all licenses, permits and
approvals (municipal, provincial and/or federal) pertaining to the Lands.
1.5
The development of any new structures or any addition to existing structures will
require approval of a development permit.
1.6
Any use of the Lands not listed in Section 2 of this Bylaw is prohibited unless
otherwise stated in this Bylaw.
185
BylAw 76411
Pace Iwo
1.7
Proposals for development, use (including re-designation), and/ar subdivision
heyond that provided in this Bylaw shall require an amendment to this Bylaw.
2.0
Land Use Regulations
2.1
Purpose
The purpose of this District is to provide for an Industrial Service Contracting use
on the Lands.
2.2
List of Uses
2.2.1
Permitted Uses
Accessory Building(s)
Outdoor Storage Facility
Sign(s)
2.3
Minimum Requirements:
2.3.1
Setbacks
(a) Front Yard
(i) 25.0
m
(82 ft.) where abutting
a County road where road
widening has been dedicated (north boundary)
(b) SideYard
(i)
40.0 m (131 ft.) where abutting a highway (west boundary)
(ii) 6.0 m (20 ft.) (east boundary)
(c) Rear Yard
(i)
8.0 m (26 ft.)
(3
2.4
Maximum Requirements:
2.4.1
Maximum Site Coverage: 60% of the total area of the parcel.
2.4.2
Maximum Height
(a)
9.0 m (30 ft.) or three (3) storeys
- the lesser thereof
- for the
principle building.
(b)
Fencing/screening will be at the discretion of the Development
Authority.
3.0
Development Regulations
3.1
Utilities / Servicing
3.1.1
The Owner shall apply to Alberta Municipal Affairs for the pertinent
building, electrical, gas and plumbing permits to ensure compliance with
the
Alberta
Building,
Electrical,
Plumbing
and
Gas
Standards
and
'C)
Regulations.
186
Bylaw #411
Pace Three
0
3.1.2
The Owner must provide the County with the name of the authorized
agency contracted for the pertinent building, electrical, gas and plumbing
inspections and permits.
3.1.3
The site shall have an approved private sewage disposal system.
3.1.4
Potable water shall be provided by water wells, licensed and approved
for the applicable use (i.e.
-- residential or commercial),
by Alberta
Environment.
3.1.5
The Owner is responsible for all solid waste disposal. Garbage and waste
material shall be stored in appropriate containers (i.e.
- weather-proof
and animal-proof containers), and disposed of at an approved disposal
site to the satisfaction of the Development Authority.
3.2
Alberta Transportation
3.2.1
The Owner must obtain all necessary permits and/or approvals from
Alberta Transportation as per the Highways Development and Protection
Act or any current legislation which replaces this act.
3.3
Landscaping
3.3.1
Landscaping must not impede sight triangles of intersections of roads and
approaches.
3.3.2
The Owner shall be responsible for the control of any weeds on the
lands
in accordance with the applicable provincial regulations.
3.4
Signage
3.4,1
Signage shall be considered concurrently with a Development Permit
application
and
may
be
free-standing
or integrated
into
building
architecture.
3.4.2
There shall be no flashing or animated signs.
Q
3.4.3
Slgnage not exceeding 1.5 m2 (16 ft.2) in sign area for the purpose of: 1)
identification,
direction
or
warning;
or
2)
relating
to
a
person,
partnership, or company operating a profession, business.
Signage is
subject to approval of a Development Permit.
3.5
Safety and Environmental Regulations
3.5.1
Any storage and disposal of oils, fluids or other hazardous substances
(including fuel) shall be in accordance with provincial regulations and
requirements
set
out
by
Alberta
Environment,
the
Environmental
Protection and Enhancement Act, and the Alberta Fire Code.
3.5.2
All development must comply with the applicable E.R.C.B. setbacks unless
lesser distance is agreed to In writing by E.R.C.B.; and, E.R.C.B. must be
contacted by the owner to ensure that no active or abandoned well sites
are located on the subject lands.
3.5.3
Additional
requirements
may
be
deemed
appropriate
by
the
Development Authority upon review and consideration of a development
proposal.
a
187
P.y1w 7(-11
P,g. Fou
3.6
Development Permits
36.1
Development Permit Applications
(a)
The Owner shall submit Development Permit applications for all
proposed uses and structures, or expansion of uses or structures,
on the Lands.
3.6.2
Development Permit Terms and Issuance
(a)
The
Development
Authority
may
consider
approval
of
Development Permit applications in accordance with PART Ill of
the Land Use By-law 474-04, as amended.
3.6.3
Development Permit Conditions
(a)
The
Development
Authority
may,
through
Development
Agreements or conditions
of Development
Permit
approval,
0
stipulate
any
criteria
or
condition
necessary
to
ensure
all
development of the Lands conforms to the requirements of this
Bylaw and PART Ill of the Land Use By-law 474-04, as amended.
(b)
The Developer must enter into a road use agreement with the
Brazeau County Public Works Department before development
commences.
4.0
DefinItions
4.1
"The Lands" means the lands as identified in Schedule "A" attached hereto.
4.3
Terms not defined above have the same meaning as defined in PART
I
-- Section
1.6 of Land Use Bylaw 474-04, as amended.
5.0
Implementation
5.1
This Bylaw shall take effect upon the final passing thereof.
0
READ a first time this
2'
day of August 2011
READ a second time this l3t
day of
September
2011
READ a third time and finally passed this
j3th
day of
September ,2011
/Li
Reeve
Ch iefAdministrative-&ffigèr
188
0
0
NW-2 -50-7-5
VA'P RD 504
21
189
BRAZEAU COUNTY
BYLAW NO: 816-13
BEING A BYLAW OF BRAZEAU COUNTY, IN THE PROVINCE OF ALBERTA, TO AMEND LAND USE
BYLAW NO. 782-12, AS AMENDED
WHEREAS, Council of Brazeau County deems it expedient and proper, under the authority of
and
in accordance with the Municipal Government Act,
RSA
2000,
Chapter M-26 and
amendments thereto, to make certain amendments to Land Use Bylaw
No. 782-12; As
amended; and
WHEREAS, the public participation requirements of Section 692 of the Municipal Government
Act, RSA 2000, Chapter M-26, have been complied with;
NOW THEREFORE, the Council of Brazeau County, duly assembled, enacts as follows:
1,
That, Lot 3, Block 2, Plan 032 1351 within NE 35-48-4-WSM be redistricted from
Highway Commercial (HWY C) to Direct Control (DC), as shown on attached Schedule 'A'
("the Lands") to this Bylaw and the appropriate Land Use District Map be amended
accordingly.
2.
That Direct Control District Bylaw 816-13 and attached Schedule "A" form part of Land
Use Bylaw 782-12, as amended.
3.
That the regulations of this Direct Control District comprise:
1.0
General Regulations
2.0
Land Use Regulations
3.0
Development Regulations
4.0
Definitions
5.0
Implementation
1.0
General Regulations
Li
For the purposes of this Bylaw, the boundaries and description of the Lands shall
be more or less as indicated in Schedule "A" attached hereto and forming part
hereof.
1.2
Land Use Bylaw 782-12, as amended, is applicable unless otherwise specified in
this Bylaw.
190
1.3
That Council is the Development Authority for the issuance of Development
Permits for the Lands subject to this Bylaw.
1.4
All use and development upon the Lands shall be in accordance with all plans
and specifications submitted pursuant to this Bylaw; and all licenses, permits and
approvals (municipal, provincial and/or federal) pertaining to the Lands.
1.5
The development of any new structures or any addition to existing structures will
require approval of a development permit.
1.6
Any use of the Lands not listed in Section 2 of this Bylaw is prohibited unless
otherwise stated in this Bylaw.
1.7
Proposals for development, use (including redesignation), and/or subdivision
beyond that provided in this Bylaw shall require an amendment to this Bylaw.
2.0
Land Use Regulations
2.1
Purpose
The purpose of this District is to provide for an Industrial Service Operation on
the Lands.
2.2
List of Uses
2.2.1
Discretionary Uses
Accessory
-
Business support services
-
Oilfield Support Services
2.3
Minimum Requirements:
2.3.1
Setbacks
(a) Front Yard
(i) 25.0
m
(82 ft). where abutting
a County road where road
widening has been dedicated);
(b) Side Yard
(i)
6.0 m (20 ft.);
191
(c) Rear Yard
(I)
8.0 m (26 ft.);
2.4
Maximum Requirements:
2.4.1
Maximum Height
(a)
9.0 m (30 ft.) or three (3) storeys
- the lesser thereof
- for the
principal building;
(b)
Accessory buildings will be equal to or less than the height of the
principal building.
3.0
Development Regulations
3.1
Utilities! Servicing
3.1.1
The Owner shall apply to Alberta Municipal Affairs for the pertinent
building, electrical, gas and plumbing permits to ensure compliance with
the
Alberta
Building,
Electrical,
Plumbing
and
Gas
Standards
and
Regulations.
3.1.2
The Owner shall provide the County with the name of the authorized
agency contracted for the pertinent building, electrical, gas and plumbing
inspections and permits.
3.1.3
The site shall have an approved private sewage disposal system.
3.1.4
Potable water shall be provided by water wells, licensed and approved
for
the
applicable
use
(i.e.
--
commercial!industrial),
by
Alberta
Environment.
3.1.5
The Owner is responsible for all solid waste disposal. Garbage and waste
material shall be stored in appropriate containers (i.e.
- weather-proof
and animal-proof containers), and disposed of at an approved disposal
site to the satisfaction of the Development Authority.
3.2
Alberta Transportation
3.2.1
The Owner must obtain all necessary permits and!or approvals from
Alberta Transportation as per the Highways Development and Protection
Act or any current legislation which replaces this act.
3,3
Landscaping
3.3.1
Landscaping must not impede sight triangles of intersections of roads
and approaches.
192
3.3.2
The Owner shall be responsible for the control of any weeds on the
lands
in accordance with the applicable provincial regulations.
3.4
Signage
3.4.1
Signage shall be considered concurrently with a Development Permit
application
and
may
be
free-standing
or
integrated
into
building
architecture.
3.4.2
There shall be no flashing or animated signs.
3.4.3
Signage not exceeding 1.5 m2 (16 ft.2) in sign area for the purpose of: 1)
identification,
direction
or
warning;
or
2)
relating
to
a
person,
partnership, or company operating a profession, business.
Signage is
subject to approval of a Development Permit.
3.5
safety and Environmental Regulations
3.5.1
Any storage and disposal of oils, fluids or other hazardous substances
(including fuel) shall be in accordance with provincial regulations and
requirements set
out
by
Alberta
Environment, the
Environmental
Protection and Enhancement Act, and the Alberta Fire Code.
3.5.2
All development must comply with the applicable E.R.C.B. setbacks unless
lesser distance is agreed to in writing by E.R.C.B.; and, E.R.C.B. must be
contacted by the owner to ensure that no active or abandoned well sites
are located on the subject lands.
3.5.3
Additional
requirements
may
be
deemed
appropriate
by
the
Development Authority upon review and consideration of a development
proposal.
3.6
Development Permits
3.6.1
Development Permit Applications
(a)
The Owner shall submit Development Permit applications for all
proposed uses and structures, or expansion of uses or structures,
on the Lands.
3.6.2
Development Permit Terms and Issuance
(a)
The
Development
Authority
may
consider
approval
of
Development Permit applications in accordance with the Land Use
Bylaw 782-12, as amended.
3.6.3
Development Permit Conditions
(a)
The
Development
Authority
may,
through
Development
Agreements
or conditions of Development
Permit approval,
193
stipulate
any
criteria
or
condition
necessary
to
ensure
all
development of the Lands conforms to the requirements of this
Bylaw and the Land Use Bylaw 782-12, as amended.
4.0
DefinitIons
4.1
"The lands" means the lands as identified in Schedule "A" attached hereto.
4.3
Terms not defined above have the same meaning as defined in Section 10 of
Land Use Bylaw 782-12, as amended.
5.0
Implementation
5.1
This Bylaw shall take effect upon the final passing thereof.
READ a first time this 2day of 4.y&
2013
READ a second time this 6°' day of AuRust. 2013
READ a third time and finally passed this
60 day of
Augus 2013
1//â7
Reeve
tive Officer
194
Schedule 'A'
ZSCSm
I
NE 35-48-04-W5M
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Lat 3 mod 2 Ph,, 031 1331
RGE RD 414
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heoo,e,, R,cn.
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195
BRAZEAU COUNTY
BYLAW NO; 887-15
BEING A BYLAW OF BRAZEAU COUNTY, IN THE PROVINCE OF ALBERTA, TO AMEND LAND USE
BYLAW NO. 782-12, AS AMENDED
WHEREAS, Council of Brazeau County deems it expedient and proper, under the authority of
and
in accordance with the Municipal Government Act
RSA 2000, Chapter M-26 and
amendments thereto, to make certain amendments to Land Use Bylaw No. 782-12; As
amended; and
WHEREAS, the public participation requirements of Section 692 of the Municipal Government
Act, R5A 2000, Chapter M-26, have been complied with;
NOW THEREFORE, the Council of Brazeau County, duly assembled, enacts as follows:
1.
That, Pt. SW 27-49-S-WSM and Pt. NW 22-49-5-W5M be redistricted from Agricultural
(AG) District to Direct Control (DC) District, as shown on attached Schedule 'A' ("the
Lands") to this Bylaw and the appropriate Land
Use District Map be amended
accordingly.
2.
That Direct Control District Bylaw 887-15 and attached Schedule "A" form part of Land
Use Bylaw 782-12, as amended.
3.
That the regulations of this Direct Control District comprise:
1.0
General Regulations
2.0
Land Use Regulations
3.0
Development Regulations
4.0
Definitions
5.0
Implementation
1.0
General Regulations
1.1.
For the purposes of this Bylaw, the boundaries and description of the Lands shall
be more or less as indicated in Schedule "A" attached hereto and forming part
hereof.
1.2.
For the purposes of this Bylaw, the Lands shall be divided into Development
Cells. Cell A, Cell B, and Cell C, the boundaries and descriptions of which shall be
as indicated In Schedule "A", attached hereto and forming part hereof, unless
otherwise approved by Council.
1.3.
The current Land Use Bylaw in place at the time of application is applicable
unless otherwise specified in this Bylaw.
196
1.4.
That Council is the Development Authority for the i5suance of Development
Permits for the Lands subject to this Bylaw.
Council delegates Development
Authority for Permitted Use Development Permits for the Lands to the Director
of Planning and Development.
1.5.
All use and development upon the Lands shall be in accordance with all plans and
specifications submitted pursuant to this Bylaw; and all licenses, permits and
approvals (municipal, provincial and/or federal) pertaining to the Lands.
1.6.
The development of any new structures or any addition to existing structures will
require approval of a development permit.
1.7.
Any use of the Lands not listed in Section 2 of this Bylaw is prohibited unless
otherwise stated in this Bylaw.
1.8.
Multiple principal uses may be approved on a parcel at the discretion of the
development authority within Cells A and B only.
1.9.
Proposals for development, use (including redesignation), and/or subdivision
beyond that provided in this Bylaw shall require an amendment to this Bylaw.
i.io.
subdivision of the Lands is prohibited unless otherwise stated in this Bylaw.
2.0
Land Use Regulations
2.1
PurDose
The purpose of this District Is to provide for storage, operation of industrial
bu5iness, residential, and agricultural uses on the Lands.
2.2
List of Uses
2.2.1
Cell A (residential and business)
Permitted Uses
-
Accessory
-
Home Occupation, "Minor"
-
Home Occupation, "Medium"
-
Manufactured Home
'
Modular Home
-
Secondary Suite
-
Single-detached Dwelling
-
Secondary Single-detached Dwelling
Discretionary Uses
-
Contracting Services, Major
-
Industrial, General
-
Office
-
Oilfield Support Services
-
Sign(s)
-
Surveillance Suite
197
Cell B (residential and business)
Permitted Uses
-
Accessory
-
Home Occupation, "Minor"
-
Home Occupation, "Medium"
-
Manufactured Home
Modular Home
-
Secondary Suite
1
Single-detached Dwelling
-
Secondary Single-detached Dwelling
Discretionary Uses
-
Contracting Services, Major
-
Industrial, General
-
Landscaping Materials Sale5
-
Office
-
Oilfield Storage Facility
-
Oilfield Support Services
-
Outdoor Storage Facility
-
Personal Storage Facility
-
Sign(s)
-
Surveillance Suite
Cell C (agricultural)
Permitted Uses
-
Accessory
-
Agricultural, retail
-
Agricultural, specialty
-
Agricultural, support service
-
Bed and breakfast
-
Family care unit
-
Home Occupation, "Minor"
-
Home Occupation, "Medium"
-
Manufactured Home
-
Modular Home
Outdoor storage facility, temporary
-
Public and quasi-public use
-
Public utility facility
-
Secondary Suite
-
Single-detached Dwelling
-
Secondary Single-detached Dwelling
Discretionary Uses
-
Communication Tower
-
Outdoor Storage Facility
-
Recreational use
198
2.3
Minimum Requirements:
2.3.1
Setbacks
(a)
Front Yard:
(i)
40.0 m (131 ft) where abutting a County road where road
widening has not been dedicated;
(ii)
25.0 m (82 ft) where abutting a County road where road
widening has been dedicated;
(iii)
10.0 m (33 ft) where abutting an internal road;
(iv)
40.0 m (131 ft) where abutting a highway;
(v)
Setback at the discretion of Development Authority for
pan handle/flag lots.
(b)
Rear Yard:
(i)
8.0 m (26 ft);
(ii)
40.0 m (131 ft) where abutting a County road where road
widening has not been dedicated;
(iii)
25.0 m (82 ft) where abutting a County road where road
widening has been dedicated;
(iv)
10.0 m (33 ft) where abutting an internal road;
(v)
40.0 m (131 ft) where abutting a highway.
(c)
Side Yard:
(I)
6.0 m (20 ft);
(ii)
40.0 m (131 ft) where abutting a County road where road
widening has not been dedicated;
(iii)
25.0 m (82 ft) where abutting a County road where road
widening has been dedicated;
(iv)
10.0 m (33 ft) where abutting an internal road;
(v)
40.0 m (131 ft) where abutting a highway.
2.3.2
Floor Area
(a)
74.3 m2 (800 ft2) for a dwelling
2.4
Maximum Requirements:
2.4.1
Maximum Height
(a)
8.5 m (28 ft.) or three (3) storeys
- the lesser thereof
- for a
dwelling
(b)
One Hundred percent (100%) of the height of the principle
building for a freestanding sign
(b)
Fencing/screening will be at the discretion of the Development
Authority.
3.0
Development Regulations
3.1
Utilities! Servicing
3.1.1
The Owner shall apply to Alberta Municipal Affairs for the pertinent
199
building, electrical, gas and plumbing permits to ensure compliance with
the
Alberta
Building,
Electrical,
Plumbing
and
Gas
Standards
and
Regulations.
3.1.2
The Owner must provide the County with the name of the authorized
agency contracted for the pertinent building, electrical, gas and plumbing
inspections and permits.
3.1.3
The site shall have an approved private sewage disposal system.
3.1.4
Potable water shall be provided by water wells, licensed and approved
for the applicable use (i.e.
-- residential or commercial), by Alberta
Environment.
3.1.5
The Owner Is responsible for all solid waste disposal. Garbage and waste
material shall be stored in appropriate containers (i.e.
- weather-proof
and animal-proof containers), and disposed of at an approved disposal
site to the satisfaction of the Development Authority.
3.2
Alberta Transportation
3.2.1
If applicable, the Owner must obtain
all necessary permits and/or
approvals from Alberta Transportation as per the Highways Development
and Protection Act or any current legislation which replaces this act.
3.3
Landscaping
3.3.1
Landscaping must not impede sight triangles of intersections of roads
and approaches.
3.3.2
The Owner shall be responsible for the control of any weeds on the
lands
in accordance with the applicable provincial regulations.
3.3.3
At the discretion of the Development Authority, screening may be
required along the parcel boundaries adjacent to residential land uses
and may include the construction of a 2.0 m (6.6 ft.) high solid screened
fence (chain link fence with privacy slats, solid wood, metal, etc.), the
planting of trees, shrubs, and/or other vegetation and the construction of
a landscaped berm.
3.4
Signage
3.4.1
Signage shall be considered concurrently with a Development Permit
application
and
may
be free-standing or
integrated
into
building
architecture.
3.4.2
There shall be no flashing or animated signs.
3.4.3
Signage exceeding 3.0 m2 (32.3 ft.2) in sign area for the purpose of: 1)
identification,
direction
or
warning;
or
2)
relating
to
a
person,
partnership, or company operating a profession, business is subject to
approval of a Development Permit.
200
3.5
Safety and Environmental Regulations
3.5.1
Any storage and disposal of oils, fluids or other hazardous substances
(including fuel) shall be In accordance with provincial regulations and
requirements
set
out
by
Alberta
Environment, the
Environmental
Protection and Enhancement Act, and the Alberta Fire Code.
3.5.2
All development must comply with the applicable A.E.R. setbacks unless
lesser distance is agreed to in writing by A.E.R.; and, A.E.R. must be
contacted by the owner to ensure that no active or abandoned well sites
are located on the subject lands.
3.5.3
Additional
requirements
may
be
deemed
appropriate
by
the
Development Authority upon review and consideration of a development
proposal.
3.6
Development Permits
3.6.1
Development Permit Applications
(a)
The Owner shall submit Development Permit applications for all
proposed uses and structures, or expansion of uses or structures,
on the Lands.
3.6.2
Development Permit Terms and Issuance
(a)
The
Development
Authority
may
consider
approval
of
Development Permit applications in accordance with the Land Use
Bylaw 782-12, as amended.
3.6.3
Development Permit Conditions
(a)
The
Development
Authority
may,
through
Development
Agreements or conditions
of Development Permit
approval,
stipulate
any
criteria
or
condition
necessary to
ensure
all
development of the Land5 conforms to the requirements of this
Bylaw and the Land Use Bylaw 782-12, as amended.
4.0
Definitions
4,1
"The Lands" means the lands as identified in Schedule "A" attached hereto.
4.2
"Landscaping Materials Sales" means land and/or buildings used for the bulk
storage and sales of materials used primarily for landscaping which includes
stone (and other aggregates), sand and soils.
4.3
Terms not defined above have the same meaning as defined in Section 10 of
Land Use Bylaw 782-12, as amended.
201
5.0
Implementation
5.1
This Bylaw shall take effect upon the final passing thereof.
READ a first time this
3
day of
November
2015
READ a second time this
1
day of
December
2015
READ a third time and finally passed this
1
day of December
2015
CAD /
202
1
Schedule A
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204
205
206
207
208
209
210
211
212
BRAZEAU COUNTY
BYLAW NO: 961-17
BEING A BYLAW OF BRAZEAU COUNTY, IN THE PROVINCE OF ALBERTA, TO AMEND LAND
USE BYLAW NO. 939-17, AS AMENDED
WHEREAS, Council of Brazeau County deems it expedient and proper, under the authority of
and in accordance with the Municipal Government Act, RSA 2000, Chapter M-26 and
amendments thereto, to make certain amendments to Land Use Bylaw No. 939-17; as
amended; and
WHEREAS, the
public participation
requirements
of Section
692
of the
Municipal
Government Act, RSA 2000, Chapter M-26, have been complied with;
NOW THEREFORE, the Council of Brazeau County, duly assembled, enacts as follows:
1.
That, Pt. NW 13-49-8-W5M, be redistricted from Agricultural and Direct Control to
Direct Control, as shown on attached Schedule 'A' ("the Lands") to this Bylaw and the
appropriate Land Use District Map be amended accordingly.
2.
That Direct Control District Bylaw 961-17 and attached Schedule "A" form part of Land
Use Bylaw 939-17, as amended.
3.
That the regulations of this Direct Control District comprise:
1.0
General Regulations
2.0
Land Use Regulations
3.0
Development Regulations
4.0
Definitions
5.0
Implementation
1.0
General Regulations
1.1
For the purposes of this Bylaw, the boundaries and description of the Lands
shall be more or less as indicated in Schedule "A" attached hereto and forming
part hereof.
1.2
For the purposes of this Bylaw, the Lands shall be divided into Development
Cells: Cell A and Cell B, the boundaries and descriptions of which shall be as
indicated in Schedule "A", attached hereto and forming part hereof, unless
otherwise approved by Council.
File 17A-022 -- Bylaw 961-17
Page lof 6
213
1.3
The current Land Use Bylaw in place at the time of application is applicable
unless otherwise specified in this Bylaw.
1.4
That Council is the Development Authority for the issuance of Development
Permits for the Lands subject to this Bylaw.
1.5
All use and development upon the Lands shall be in accordance with all plans
and specifications submitted pursuant to this Bylaw; and all licenses, permits
and approvals (municipal, provincial and/or federal) pertaining to the Lands.
1.6
The development of any new structures or any addition to existing structures
will require approval of a Development Permit.
1.7
Any use of the Lands not listed in Section 2 of this Bylaw is prohibited unless
otherwise stated in this Bylaw.
1.8
Multiple principal uses may be approved on a parcel at the discretion of the
development authority within Cell B only.
1.9
Proposals for development, use (including redesignation), and/or subdivision
beyond that provided in this Bylaw shall require an amendment to this Bylaw.
1.10
Subdivision of the Lands is prohibited unless otherwise stated in this Bylaw.
2.0
Land Use Regulations
2.1
Purpose
The purpose of this District is to provide for an Industrial Service Contracting
use on the Lands.
2.2
List of Uses
2.2.1
Cell A (residential)
Permitted Uses
-
Accessory Structure
-
Accessory Use
-
Agricultural Intensive Class 2
-
Agricultural, Extensive
-
Cabin
-
Dwelling, Single-Detached
-
Dwelling, Tiny
-
Manufactured Home
File 17A-022
-- Bylaw 961-17
Page 2 of 6
214
-
Public Utility Facility
Secondary Suite
Discretionary Uses
-
Animal Service Facility
-
Outdoor Storage
'
Outdoor Storage, Temporary
-
Taxidermy
Cell B (industrial business)
Permitted Uses
-
Accessory Structure
-
Accessory Use
-
Public Utility Facility
Discretionary Uses
-
Agricultural, Support Service
-
Automotive and Equipment Body Repair
-
Automotive and Equipment Repair
-
Contracting Services, Major
-
Contracting Services, Minor
-
Industrial Use, General
-
Outdoor Oilfield Storage Facility
-
Outdoor Storage
-
Outdoor Storage, Temporary
-
Surveillance Suite
-
Surveillance Suite, Temporary
-
Warehouse Sales or Storage
2.3
Minimum Requirements:
2.3.1
Setbacks
(a) Front Yard
(i) 20.1 m (66 ft.) where abutting a County road where road
widening has been dedicated); (West Boundary)
(b) Side Yard
(i)
6.1 m (20 ft.); (North and South Boundaries)
(c) Rear Yard
(i)
8.0 m (26 ft.); (West Boundary)
File 17A-022
Bylaw 961-17
Page 3 of 6
215
2.3.2
Floor Area
(a)
74.3 m2 (800 ft2) for a dwelling
2.4
Maximum Requirements:
2.4.1
Maximum Height
(a)
At the discretion of the Development Authority.
3.0
Development Regulations
3.1
Utilities / Servicing
3.1.1
The owner shall apply for the pertinent building, electrical, gas and
plumbing permits to ensure compliance with the Alberta Building,
Electrical, Plumbing and Gas Standards and Regulations.
3.1.2
The site shall have an approved private sewage disposal system.
3.1.3
Potable water shall be provided by water wells, licensed and approved
for the applicable use (i.e.
-- residential or commercial), by Alberta
Environment and Parks.
3.1.4
The owner is responsible for all solid waste disposal. Garbage and
waste material shall be stored in appropriate containers (i.e. - weather
proof and animal-proof containers), and disposed of at an approved
disposal site to the satisfaction of the Development Authority.
3.2
County Road Use Agreements
3.2.1
Any commercial or industrial use class or business may be required to
enter into a road use agreement at the discretion of the Director of
Public Works and Infrastructure or his designate.
3.2.2
All commercial or industrial use class or business are responsible to
conform to
Provincial
legislation
and
regulation
related to the
transportation and storage of hazardous materials.
3.3
Landscaping
3.3.1
Landscaping must not impede sight triangles of intersections of roads
and approaches.
3.3.2
The owner shall be responsible for the control of any weeds on the
lands in accordance with the applicable provincial regulations.
FIe 17A-022 -- Bylaw 961-17
Page 4 of 6
216
3.3.3
At the discretion of the Development Authority, screening may be
required along the Cell 'B' boundaries adjacent to residential land uses
in Cell 'A' and to adjacent properties uses to the north and south.
3.3.4
Landscaping may include the construction of a 2.4 m (8 ft.) high solid
screened fence (chain link fence with privacy slats, solid wood, metal,
etc.), the planting of trees, shrubs, and/or other vegetation and the
construction of a landscaped berm.
3.4
Signage
3.4.1
Signage shall be considered concurrently with a Development Permit
application and may be free-standing or integrated into building
architecture.
3.4.2
There shall be no flashing or animated signs.
3.4.3
Signage exceeding 3.0 m2 (32.3 ft.
2) in sign area for the purpose of: 1)
identification, direction or warning; or 2) relating to
a person,
partnership, or company operating a profession, business is subject to
approval of a Development Permit.
3.5
Safety and Environmental Regulations
3.5.1
Any storage and disposal of oils, fluids or other hazardous substances
(including fuel) shall be in accordance with provincial regulations and
requirements
set
out
by
Alberta
Environment
and
Parks,
the
Environmental Protection and Enhancement Act, and the Alberta Fire
Code.
3.5.2
All development must comply with the applicable Alberta Energy
Regulator (AER) setbacks unless lesser distance is agreed to in writing
by AER.; and, AER must be contacted by the owner to ensure that no
active or abandoned well sites are located on the subject lands.
3.5.3
Additional
requirements
may
be
deemed
appropriate
by
the
Development
Authority
upon
review
and
consideration
of
a
development proposal.
3.6
Development Permits
3.6.1
Development Permit Applications
(a)
The owner shall submit Development Permit applications for all
proposed
uses
and
structures,
or expansion
of uses
or
structures on the Lands, except for those which are exempt
under Section 3.2 of Bylaw 939-17.
3.6.2
Development Permit Terms and Issuance
File 17A-022 -- Bylaw 961-17
Page 5 of 6
217
(a)
The
Development
Authority
may
consider
approval
of
Development Permit applications in accordance with the Land
Use Bylaw in place at the time of application.
3.6.3
Development Permit Conditions
(a)
The
Development
Authority
may,
through
Development
Agreements or conditions of Development Permit approval,
stipulate any criteria or condition necessary to ensure all
development of the Lands conforms to the requirements of this
Bylaw and the Land Use
Bylaw in place at the time of
application.
4.0
Definitions
4.1
"The Lands" means the lands as identified in Schedule "A" attached hereto.
4.2
Terms not defined above have the same meaning as defined in Section 15 of
Land Use Bylaw 939-17, as amended.
5.0
Implementation
5.1
This Bylaw shall take effect upon the final passing thereof.
6.0
Repeal
6.1
That Bylaw 738-10, being an existing Direct Control
(DC) District Bylaw
designating the Lands, is hereby repealed and replaced by this bylaw.
READ a first time this 19th day of September, 2017,
READ a second time this 7th day of November, 2017,
READ a third time and finally passed this 7th day of November 2017.
CAO
File 17A-022
-- Bylaw 961-17
Page 6 of 6
218
RGE RD 81
¯
PRO
DUCED BY BRAZEAU CO
UNTY
This m
ap is intended for advisory purposes only.
It is based upon data deem
ed reliable but
Brazeau County is not responsible for errors or om
issions.
Projection:
NAD 83 UTM
11N G
CS80
Scale 1:1,400
Pt. NW
13-49-8-W
5M
Proposed Am
endm
ent
(dim
ensions approxim
ate)
PARCEL BOUNDARY
TYPE
Provincial Paved
Provincial Gravel
TYPE
County Paved
County Cold M
ix
County Gravel
TYPE
Other Cold M
ix
Other Gravel
Other Paved
2015 Im
agery
CELL A
+/- 1.43 ha
(3.54 ac)
CELL A
CELL B
+/- 6.14 ha
(15.17 ac)
+/- 0.92 ha
(2.29 ac)
143.2 m
75.8 m
100.1 m
122.0 m
CELL A
CELL B
BYLAW 961-17
SCHEDULE A
219
BRAZEAU COUNTY
BYLAW NO: 983-18
BEING A BYLAW OF BRAZEAU COUNTY, IN THE PROVINCE OF ALBERTA, TO AMEND LAND USE
BYLAW NO. 939-17, AS AMENDED
WHEREAS, Council of Brazeau County deems it expedient and proper, under the authority of and
in accordance with the Municipal Government Act, RSA 2000, Chapter M-26 and amendments
thereto, to make certain amendments to Land Use Bylaw No. 939-17; as amended; and
WHEREAS, the public participation requirements of Section 692 of the Municipal Government
Act, RSA 2000, Chapter M-26, have been complied with;
NOW THEREFORE, the Council of Brazeau County, duly assembled, enacts as follows:
1.
That Pt. of the NW 12-49-7-W5M be redesignated from Direct Control District (DC) 862-
15 to Direct Control District (DC) 983-18, as shown on attached Schedule 'A' ("the Lands")
to this Bylaw and the appropriate Land Use District Map be amended accordingly.
2.
That Direct Control District Bylaw 983-18 and attached Schedule "A" form part of Land
Use Bylaw 939-17, as amended.
3.
That the regulations of this Direct Control District comprise:
1.0
General Regulations
2.0
Land Use Regulations
3.0
Development Regulations
4.0
Definitions
5.0
Implementation
1.0
General Regulations
1.1
For the purposes of this Bylaw, the boundaries and description of the Lands shall
be more or less as indicated in Schedule "A" attached hereto and forming part
hereof.
1.2
For the purposes of this Bylaw, the Lands shall be divided into Development Cells.
Cell A, Cell B, Cell C, and Cell D, the boundaries and descriptions of which shall be
Direct Control Bylaw 983-18 -
File 18A-001
Page 1 of 7
220
as indicated in Schedule "A", attached hereto and forming part hereof, unless
otherwise approved by Council.
1.3
The current Land Use Bylaw in place at the time of application, is applicable unless
otherwise specified in this Bylaw.
1.4
That Council is the Development Authority for the issuance of Development
Permits for the Lands subject to this Bylaw.
1.5
All use and development upon the Lands shall be in accordance with all plans and
specifications submitted pursuant to this Bylaw; and all licenses, permits and
approvals (municipal, provincial and/or federal) pertaining to the Lands.
1.6
Any use of the Lands not listed in Section 2 of this Bylaw is prohibited unless
otherwise stated in this Bylaw.
1.7
Proposals for development, uses (including Redesignation), or subdivision beyond
that provided in this Bylaw shall require an amendment to this Bylaw.
1.8
Subdivision of the Lands is prohibited unless otherwise stated in this Bylaw.
2.0
Land Use Regulations
2.1
Purpose
The purpose of this District is to provide for an oilfield equipment storage
site/laydown yard, residential use, natural resource extraction and processing and
a helipad. This is to accommodate the use of the lands for business and resource
development purposes while still accommodating a residential site. This bylaw
allows for multiple principal uses on the parcel, but only one principal use in each
development cell. At the discretion of the Development Authority, multiple
principal uses may be approved.
2.2
List of Uses
2.2.1 Cell A (Laydown Yard)
Discretionary Uses
I
Accessory
I
Oilfield Support Services
I
Outdoor Storage Facility
I
Parking, Non-Accessory
I
Surveillance Suite
I
Natural Resource Processing
Direct Control Bylaw 983-18 -
File 18A-001
Page 2 of 7
221
Cell B (Gravel Operation)
Discretionary Uses
I
Accessory
I
Natural Resource Extraction
I
Natural Resource Processing
I
Surveillance Suite
Cell C (Residential Sites)
Permitted Uses
I
Accessory
I
Home Occupation, "Minor"
I
Home Occupation, "Medium"
I
Manufactured Home
I
Modular Home
I
Secondary Suite
I
Single-detached dwelling
I
Secondary single-detached dwelling
Discretionary Uses
I
Home Occupation, "Major"
Cell D (Helipad)
Discretionary Uses
I
Accessory
I
Airport
I
Aerodrome
I
Antenna or Antenna Support Structure
I
Telecommunication Tower
2.3
Minimum Requirements for all Cells:
2.3.1 Setbacks
(a) Front Yard
(i) 40.0 m (131 ft) where abutting a County road where road widening
has not been dedicated;
(ii) 25.0 m (82) ft where abutting a County road where road widening
has been dedicated;
(iii) 15.0 m (50 ft) where abutting an internal road (service road);
(b) Side Yard
(i) 6.0 m (20 ft.);
(ii) 40 m (131 ft) where abutting a County road where road widening
Direct Control Bylaw 983-18 -
File 18A-001
Page 3 of 7
222
has not been dedicated;
(ill) 25.0 m (82) ft where abutting a County road where road widening
has been dedicated;
(iv) 15.0 m (50 ft) where abutting an internal road (service road);
(c) Rear Yard
(i) 8.0 m (26 ft.);
(ii) 40 m (131 ft) where abutting a County road where road widening
has not been dedicated;
(iii) 25.0 m (82) ft where abutting a County road where road widening
has been dedicated;
(iv) 15.0 m (50 ft) where abutting an internal road (service road);
2.3.2 Floor Area (Cell C Only)
(a) 74.3
(800 ft^) for a dwelling
2.4
Maximum Requirements:
Cell A
2.4.1 Maximum Height
(a)
9.0 m (30 ft) for a freestanding sign
2.4.2 At the discretion of the Development Authority, screening may be required
along the rear and side parcel boundaries adjacent to non-residential land
uses and may include the construction of a 1.83 m (6 ft) high solid screened
fence (chain link fence with privacy slats, solid wood, metal, etc.);
2.4.3 Landscaping will be required to the satisfaction of the Development
Authority having regard to adjacent land uses and may include solid screen
fencing (chain link fence with privacy slats, wood, metal, etc.), the planting
of trees, shrubs and/or other vegetation and the construction of a
landscaped berm. Fencing/screening will be at the discretion of the
Development Authority.
Cell B
2.4.4 In addition to the Development Regulations of the Land Use Bylaw in effect
at the time of application, and at the discretion of the Development
Authority, landscaping or screening may be required along the west and
northern development boundaries.
2.4.5 Restricted and noxious weeds are to be taken care of yearly to prevent the
spread of weeds to neighbouring lands uses.
Direct Control Bylaw 983-18 -
File 18A-001
Page 4 of 7
223
CellC
2.4.6 8.5 m (28 ft) for a dwelling;
2.4.7 One hundred (100%) percent of the height of the principal building for a
freestanding sign.
Cell D
2.4.8 9.0 m (30 ft) for an accessory building;
2.4.9 One hundred (100%) percent of the height of the accessory building for a
freestanding sign.
3.0
Development Regulations
3.1
Utilities / Servicing
3.1.1 The Owner shall apply for the pertinent building, electrical, gas and
plumbing permits to ensure compliance with the Alberta Building,
Electrical, Plumbing and Gas Standards and Regulations.
3.1.2 The site shall have an approved private sewage disposal system.
3.1.3 Potable water shall be provided by water wells, licensed and approved for
the applicable use (i.e. - residential or commercial), by Alberta
Environment &
Parks.
3.1.4 The Owner is responsible for all solid waste disposal. Garbage and waste
material shall be stored in appropriate containers (i.e. - weather-proof and
animal-proof containers), and disposed of at an approved disposal site to
the satisfaction of the Development Authority.
3.2
Alberta Transportation
3.2.1 If applicable, the Owner must obtain all necessary permits and/or
approvals from Alberta Transportation as per the Highways Development
and Protection Act or any current legislation which replaces this act.
3.3
Landscaping and Stormwater Management
3.3.1 A stormwater management and site grading plan must be submitted and
approved by Alberta Environment, Brazeau County/Drayton Valley Fire
Services, Alberta Transportation and Brazeau County if required at the
discretion of Brazeau County.
3.3.2 Landscaping must not impede sight triangles of intersections of roads
and approaches.
Direct Control Bylaw 983-18 -
File 18A-001
Page 5 of 7
224
3.3.3 The Owner shall be responsible for the control of any weeds on the
lands in accordance with the applicable provincial regulations.
3.4
SiRnage
3.4.1 Signage shall be considered concurrently with a Development Permit
application and shall be free-standing.
3.4.2 There shall be no flashing or animated signs.
3.4.3 The general standards for signs in the Land Use Bylaw in effect at the time
of application shall be applicable to signs in this direct control district.
3.5
Safety and Environmental Regulations
3.5.1 Any storage and disposal of oils, fluids or other hazardous substances
(including fuel) shall be in accordance with provincial regulations and
requirements set out by Alberta Environment & Parks, the Environmental
Protection and Enhancement Act, and the Alberta Fire Code.
3.5.2 All development must comply with the applicable AER setbacks unless
lesser distance is agreed to in writing by AER; and, AER must be contacted
by the owner to ensure that no active or abandoned well sites are located
on the subject lands.
3.5.3 Additional requirements may be deemed appropriate by the Development
Authority upon review and consideration of a development proposal.
3.6
Development Permits
3.6.1 Development Permit Applications
(a)
The Owner shall submit Development Permit applications for all
proposed uses and structures, or expansion of uses or structures,
on the Lands.
3.6.2 Development Permit Terms and Issuance
(a)
The Development Authority may consider approval of
Development Permit applications in accordance with the Land Use
Bylaw in effect at the time of application.
3.6.3 Development Permit Conditions
(a)
The Development Authority may, through
Development
Agreements or conditions of Development Permit approval,
stipulate any criteria or condition necessary to ensure all
development of the Lands conforms to the requirements of this
Bylaw and the Land Use Bylaw in effect at the time of application.
Direct Control Bylaw 983-18 -
File 18A-001
Page 6 of 7
225
4.0
Definitions
5.0
4.1
"Development Cell" means a designated area of land containing uses as defined
and prescribed by this Bylaw.
4.2
"The Lands" means the lands as identified in Schedule "A" attached hereto.
4.3
Terms not defined above have the same meaning as defined in the glossary of the
Land Use Bylaw in effect at the time of application.
Implementation
5.1
This Bylaw shall take effect upon the final passing thereof.
6.0
Repeal
6.1
That Bylaw 862-15 being an existing Direct Control (DC) District Bylaw designating
the Lands is hereby repealed.
READ a first time this 20 day of February, 2018
READ a second time this _3 day of April, 2018
READ a third time and finally passed this 3 day of April, 2018
Direct Control Bylaw 983-18 -
File 18A-001
Page 7 of 7
226
NW-12-49-07-W5
Proposed Rezoning
(Dimensions Approximate)
CZ3
CELL "A"
nzi
CELL"B"
G~1
CELL"C"
HD
CELL"D"
PARCEL BOUNDARY
COUNTY PAVED
COUNTY COLD MIX
COUNTY GRAVEL
OTHER PAVED
OTHER COLD MIX
OTHER GRAVEL
PROVINCIAL PAVED
PROVINCIAL GRAVEL
Scale: 1: 3,300
30
^60
90
120
This map Is Intended for advlsorv purposes
only. It Is based upon data sources deemed
reliable but Brazeau County Is not
responsible for errors or omissions.
106769
246.90
93727
GO BI
259r74
tSS
213.10
106t68
8ac®a§
N
CTUIW
101.40
704.10
227
228
229
230
231
232
233
234
235
BRAZEAU COUNTY
BYLAW NO: 994-18
BEING A BYLAW OF BRAZEAU COUNTY, IN THE PROVINCE OF ALBERTA, TO AMEND LAND
USE BYLAW NO. 939-17, AS AMENDED
WHEREAS, Council of Brazeau County deems it expedient and proper, under the authority of
and in accordance with the Municipal Government Act, RSA 2000, Chapter M-26 and
amendments thereto, to make certain amendments to Land Use Bylaw No. 939-17; As
amended; and
WHEREAS, the public participation requirements of Section 692 of the Municipal Government
Act, RSA 2000, Chapter M-26, have been complied with;
NOW THEREFORE, the Council of Brazeau County, duly assembled, enacts as follows:
1.
That, Ft. NW 9-48-7-W5M, be redistricted from Crown Land (CL) District to Direct
Control (DC) District, as shown on attached Schedule 'A' ("the Lands") to this Bylaw
and the appropriate Land Use District Map be amended accordingly.
2.
That Direct Control District Bylaw 994-18 and attached Schedule "A" form part of Land
Use Bylaw 939-17, as amended.
3.
That the regulations of this Direct Control District comprise:
1.0
General Regulations
2.0
Land Use Regulations
3.0
Development Regulations
4.0
Definitions
5.0
Implementation
1.0
General Regulations
1.1
For the purposes of this Bylaw, the boundaries and description of the Lands
shall be more or less as indicated in Schedule "A" attached hereto and forming
part hereof.
File 18A-007 -
Bylaw 994-18
Page 1 of 7
236
1.2
For the purposes of this Bylaw, the Land shall be divided into Development
Cells: Cell A and Cell B, the boundaries and descriptions of which shall be as
indicated in Schedule "A", attached hereto and forming part hereof, unless
otherwise approved by Council.
1.3
The current Land Use Bylaw in place at the time of application is applicable
unless otherwise specified in this Bylaw.
1.4
That Council is the Development Authority for the issuance of Development
Permits for the Lands subject to this Bylaw.
1.5
All use and development upon the Lands shall be in accordance with all plans
and specifications submitted pursuant to this Bylaw; and all licenses, permits
and approvals (municipal, provincial and/or federal) pertaining to the Lands.
1.6
The development of any new structures or any addition to existing structures
will require approval of a development permit.
1.7
Any use of the Lands not listed in Section 2 of this Bylaw is prohibited unless
otherwise stated in this Bylaw.
1.8
Proposals for development, use (including redesignation), and/or subdivision
beyond that provided in this Bylaw shall require an amendment to this Bylaw.
2.0
Land Use Regulations
2.1
Purpose
The purpose of this District is to provide for natural resource extraction and
processing, agricultural and oil and gas uses on the lands. This is to
accommodate the use of the lands for resource development purposes, while
still accommodating existing grazing and oil and gas leases.
2.2
List of Uses
2.2.1 Cell A (Natural Resource Extraction and Processing)
Permitted Uses
I Accessory Structure
I Accessory Use
I
Outdoor Storage, Temporary
I
Public Utility Facility
File 18A-007 -
Bylaw 994-18
Page 2 of 7
237
Surveillance Suite
Surveillance Suite, Temporary
Discretionary Uses
Contracting Services, Major
Contracting Services, Minor
Industrial Use, General
Natural Resource Extraction
Natural Resource Processing
Outdoor Storage
Work Camp
Cell B (Crown Land)
Permitted Uses
I
Accessory Structure
I Accessory Use
I Agricultural, Extensive
I Agricultural, Intensive Class 2
I Outdoor Storage
I Outdoor Storage, Temporary
I
Park
I
Public &
Quasi-Public Use
I
Public Utility Facility
I
Surveillance Suite, Temporary
Discretionary Uses
I
Contracting Services, Major
I
Contracting Services, Minor
I
Industrial Use, General
I
Land Farm
I Outdoor Oilfield Storage Facility
I
Work Camp
2.3
Minimum Requirements for all cells:
2.3.1 Setbacks
(a) Front Yard
(i) 40.0 m (131 ft) where abutting a County road where road
widening has not been dedicated; (West boundary)
File 18A-007 -
Bylaw 994-18
Page 3
of 7
238
(b) Side Yard
(!) 6.1 m (20 ft.); (North and South boundaries)
(c) Rear Yard
(I) 8.0 m (26 ft.); (East boundary)
2.4
Maximum Requirements:
2.4.1 Maximum Height
(a) 10.1 m (33 ft), or at the discretion of the Development Authority
3.0
Development Regulations
3.1
Utilities/Servicing
3.1.1 The Owner shall apply to Alberta Municipal Affairs for the pertinent
building, electrical, gas and plumbing permits to ensure compliance
with the Alberta Building, Electrical, Plumbing and Gas Standards and
Regulations.
3.1.2 The site shall have an approved private sewage disposal system.
3.1.3 Potable water shall be provided by water wells, licensed and approved
for the applicable use (I.e. - residential or commercial), by Alberta
Environment and Parks.
3.1.4 The Owner Is responsible for all solid waste disposal. Garbage and
waste material shall be stored In appropriate containers (I.e. - weather
proof and animal-proof containers), and disposed of at an approved
disposal site to the satisfaction of the Development Authority.
3.2
Alberta Transportation
3.2.1 If applicable, the owner must obtain all necessary permits and/or
approvals from Alberta Transportation as per the Highways
Development and Protection Act or any current legislation which
replaces this act.
3.2.2 Any natural resource extraction or processing, or Industrial use class
may be required to enter Into a road use agreement at the discretion
File 18A-007 -
Bylaw 994-18
Page 4
of 7
239
of the Director of Public Works or his designate.
3.3
Stormwater Management and Landscaping
3.3.1 A stormwater management and site grading plan must be submitted
and approved by Alberta Environment and Parks, Brazeau
County/Drayton Valley Fire Services, Alberta Transportation and
Brazeau County if required at the discretion of Brazeau County.
3.3.2. The owner shall be responsible for the control of any weeds on the
lands in accordance with the applicable provincial regulations.
3.4
Signaee
3.4.1 Signage shall be considered concurrently with a Development Permit
application and shall be free-standing.
3.4.2 There shall be no flashing or animated signs.
3.4.3 Signage exceeding 3.0 m^ (32 ft.^) in sign area is subject to approval of
a Development Permit.
3.5
Safetv and Environmental Regulations
3.5.1 Any storage and disposal of oils, fluids or other hazardous substances
(including fuel) shall be in accordance with provincial regulations and
requirements set out by Alberta Environment and Parks, the
Environmental Protection and Enhancement Act, and the Alberta Fire
Code.
3.5.2 All development must comply with the applicable Alberta Energy
Regulator (AER) setbacks unless lesser distance is agreed to in writing
by AER.; and, AER must be contacted by the owner to ensure that no
active or abandoned well sites are located on the subject lands.
3.5.3 Additional requirements may be deemed appropriate by the
Development Authority upon review and consideration of a
development proposal.
3.6
Development Permits
3.6.1 Development Permit Applications
File 18A-007 -
Bylaw 994-18
Page 5 of 7
240
(a)
The owner shall submit Development Permit applications for all
proposed uses and structures, or expansion of uses or
structures, on the Lands, except those which are exempt under
the Land Use Bylaw currently in place.
3.6.2 Development Permit Terms and Issuance
(a)
The Development Authority may consider approval of
Development Permit applications in accordance with the Land
Use Bylaw in place at the time of application.
3.6.3 Development Permit Conditions
(a)
The Development Authority may, through Development
Agreements or conditions of Development Permit approval,
stipulate any criteria or condition necessary to ensure all
development of the Lands conforms to the requirements of this
Bylaw and the Land Use Bylaw in place at the time of
application.
4.0
Definitions
4.1
"The Lands" means the lands as identified in Schedule "A" attached hereto.
4.2
Terms not defined above have the same meaning as defined in the Land Use
Bylaw currently in place.
File 18A-007 -
Bylaw 994-18
Page 6 of 7
241
5.0
Implementation
5.1
This Bylaw shall take effect upon the final passing thereof.
READ a first time this 21 day of
August
. 2018.
READ a second time this 18 day of
September
2018,
READ a third time and finally passed this 18 day of September
2018.
File 18A-007 -
Bylaw 994-18
Page 7 of 7
242
County
Schedule A
Bylaw 994-18
File No.; 18A-007
Rezoning Area CL to DC
Pt NW 9-48-7-W5M
+/- 56.87 ac (+/- 23.01 ha)
"LLA
CEU B
Note: All measurements are
+/- and in metres
PARCEL BOUNDARY
TYPE
Provincial Paved
*" "" Provinciai Gravel
TYPE
County Paved
County Cold Mix
County Gravel
TYPE
Other Cold Mix
Other Gravel
Other Paved
2017 Imagery
Scale 1:3,813
PRODUCED BY BRAZEAU COUNTY
This map Is intended for advisory purposes or^ly.
it is based upon data deemed reliable but
Brazeau County is not responsible for errors or omissions.
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
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270
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