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VILLAGE
OF CARBON
BYLAW
NUMBER
2018-804
BEING A BYLAW OF THE VILLAGE OF CARBON IN THE PROVINCE OF ALBERTA.
TO ADOPT A NEW LAND USE BYLAW
Whereas,
pursuant
to the provisions
of Section 639 of the Municipal
Government
Act
S.A. 2000 c.M-26 as amended,
the Council of a municipality
must adopt a Land Use
Bylaw.
Now therefore,
the Council of the Village of Carbon, in the Province
of Alberta, duly
assembled,
enacts as follows:
(1 )
This Bylaw shall be cited as the "Village
of Carbon Land
Use Bylaw 201 8-804"
(2)
Council adopts the new Land
Use
Bylaw to guide development
decisions
for
those
lands
contained
within
its
corporate
boundaries.
(3)
This Bylaw
takes
effect
on
the
date
of
third
and
final
reading.
(4)
Upon adoption
of Bylaw No. 2018-804, existing
Land
Use
Bylaw
No.
2009-762
and
all
amending
bylaws
are
now
hereby repealed.
seaaast=coxonuethis2oayot%f-,zoqs.
Read a THIRD and FINALLY PASSED this 12 day of Sf5#. , 2018.
CARB@N
ALLEY
1!17 a
Village
of Carbon
Land Use Bylaw
No. 2018-804
Palliser
Regional Municipal Services
TABLE
OF CONTENTS
Page
PART I
Purpose
& Definitions
Purpose
Definitions
PART II
Administrative
Authorities
Development
Authority
Development
Officer
Municipal
Planning
Commission
Subdivision
and Development
Appeal Board
Subdivision
Authority
Development
Authority
Powers and
Duties-------------------------------------------------------
PART fit
Development
Permit
Application
Control of Development
Development
Permit Not Required
Application
for a Development
Permit
Deciding
on Development
Permit Applications
Application
for Relaxation
of Bylaw Requirements
Application
the Development
Authority
Must Refuse
Development
Permit Referrals
and Notices
PART IV
Appeals
Appeal Procedure
Public Hearing
Decision
PART V
Enforcement
& Administration
Orders of Compliance
Enforcement
Application
to Amend the Land Use Bylaw
Sections
Found Invalid
Existing Land Use Bylaw
PART Vl
Land Use Districts
24.
25.
26.
27.
28.
29.
30.
31 .
32 .
M-1
33 .
34 .
35 .
Districts
District Boundaries
Direct Control Districts
R-1-Single-Detached
Residential
R-2-General
Residential
District
R-3-Multiple
Unit Residential
District
SHR-Small
Holding Residential
District
C-B-Central
Commercial
District
-Light
Industrial
P-Community
Service District
UR-Urban
Reserve
District
FRO-Flood
Risk Overlay
District
District
PART Vll
General
Land Use Regulations
Subdivision
of Land
Dwelling
Units on a Parcel
Non-conforming
Buildings
& Uses
Fencing and Hedges
Accessory
Buildings
& Uses
Objects Prohibited
or Restricted
in Yards
Building
Design, Character
and Appearance
Architectura!
Controls
and Guidelines
Home Occupations
Bed and Breakfast
Establishments
Utilities
Drainage
Elevation
and Grading Plans
Relocation
of Buildings
Manufactured
Homes
Modular
Homes
Secondary
Suites
Projection
over Yards
Day Care
Physical Environment
Resource
Conservation
Industrial
Screening
Auto Body Shops
Storage
Structures
Animal Units
Communication
Towers
Development
Standards
for Topographic
Features
Undermining
or Subsidence
Conditions
Land Adjacent
to a Water Course
Off-street
Loading
& Unloading
for Commercial
& Industrial
Development
Off-street
Parking
Signs
Alternative
Energy Systems:
Solar and Wind
Cannabis
Retail Sales
Development
PART Vlll
Land Use District
Map
Flood Risk Area Overlay
Map
APPENDIX
A -
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
1.
Purpose
PART I
Purpose
& Definitions
The purpose of this Bylaw is to regulate and control the use and development
of land and
buildings within the municipality
to achieve the orderly and economic development
of the
Village of Carbon.
2.
Definitions
In this Bylaw:
"Accessory
Building
or Structure"
means a structure separate and subordinate
to the principal
building, the use of which is incidental to that of the principal building and is located on the same
parcel of land (i.e. detached garage, shed, workshop in a residential land use district).
"Accessory
Building
- Fabric
Covered"
means a
temporary
structure separate
and
subordinate
to the principal building, the use of which is incidental to that of the principal building
and is located on the same parcel of land;
"Accessory
Use" means a use customarily
incidental and subordinate
to the principal use or
building and is located on the same parcel of land with such principal use or building.
"Act"
means the Municipal Government
Act R.S.A. Ch. M.26-1 as amended.
"Adjacent"
means land that is contiguous
to a parcel of land and includes land that would be
contiguous
if not for a highway, road, river, stream or railway.
"Alternative
Energy Systems"
means the processes, installations,
and any other structures or
systems required to convert the power from geothermal,
wind or solar facilities into heat, electrical
or mechanical
energy.
In the Village of Carbon, the primary sources for alternative energy are
solar and wind power.
(a)
(b)
"Solar
Energy Conversion
System"
means a power plant consisting of active
or passive solar panels and related facilities with a rated capacity of less than 1
megawatt, and which is intended to
provide electrical power for the on-
site consumption
requirements,
either on or off-grid, and may provide residual
power to the grid but is not intended to produce power primarily for resale.
"Wind
Energy Conversion
System"
means a single wind
turbine with rotors
(blades) no larger than 5 metres in diameter and has a maximum tower height
(measured from the ground to the centre of the rotor) of 15 metres or 50 ft. This
unit has a nominal capacity, and is located on the applicant's
property.
"Amusement
Centre" means a commercial
establishment
for public entertainment
or recreation
including, but not limited to, bowling alleys, theaters, and billiard parlors.
"Artist's
Studio"
means a use:
(a)
where art is produced by individuals;
(b)
may include the instruction of art to individuals
or groups;
(c)
may include the sale of art pieces produced by that use.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
"Auto
Body and Paint Shop"
means a use where motor vehicle bodies are repaired or painted
within a building.
"Automotive,
Truck
and Recreational
Vehicle
Repair
and Service"
means a use for the
servicing
and repair of motor vehicles
within a building, excluding
an auto body and paint shop,
and includes
such facilities
as alignment
shops, muffler shops, transmission
repair shops, rust-
prooTing, brake shops and other similar uses.
This use does not include a gas station.
"Automotive,
Truck
and Recreational
Vehicle
Sales"
means a use:
(a)
where motor vehicles
are sold or leased;
(b)
may only store or display vehicles
on portions of the parcel approved
exclusively
for storage or display; and
(c)
that may have a building for administrative
functions
associated
with the use.
"Basement"
means that portion of a building that is located wholly or partially below the ground
floor and may contain habitable
living space not more than 1.83 m (6 ft.) above finished
grade.
"Bed & Breakfast
Establishment"
means a lodging facility within an owner occupied
dwelling,
having no more than three (3) guest rooms, providing
a common
washroom
and dining facilities
but no cooking
facilities
in guest rooms.
"Bench"
means an
intermediary
plateau or an area which occurs
between the tow of a slope
(valley bottom lands) and an escarpment
or valley wall top (or rim). Benchlands
typically
have a
slope of between 1
and 15 percent and a particular
valley edge may have more than one bench
at different
elevations.
"Brink
of Slope"
means the point where at the top of a slope the grade begins to fall off at a rate
steeper
than 20 percent.
"Buffer"
means a row of trees, shrubs, earth
berm or fencing to provide visual screening
and
separation
between
sites and districts.
"Building"
includes
anything
constructed
or
placed
on,
in,
over,
or under land,
but does
not
include a primary
highway
or a public roadway
in accordance
with the Act.
"Building
Materials
Sales
and Storage
means
development
which
provides
support
for
residential,
commercial
and
industrial
construction,
which
require
on-site
storage
space
for
materials,
mobile equipment
or vehicles
normally
associated
with the service. Any sales, display,
office
or
technical
support
service
areas
shall
be
accessory
to
the
principal
use.
This
use
includes a hardware
store.
"Bulk
Fertilizer
Distribution
and Storage"
means a facility for the purpose
of supplying
goods,
materials,
and/or services
that support
agricultural
uses, whether
retail, wholesale,
or in bulk. This
shall include such goods and services as sale and storage of seeds, feeds, fertilizers,
chemical
products,
fuels, lubricants
or parts.
"Bulk
Fuel Sales Depot"
means a use where fuel for motor vehicles
is sold either with or without
an attendant.
"Bus
Terminal"
means where transport
vehicles
load or unload passengers
or goods.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
"Campground"
means a use:
(a)
where spaces are provided for temporary
accommodation
of recreational
vehicles or tents;
(b)
that may include a building for the administration
of the use;
(c)
that may include laundry facilities for the occupants
of the use; and
(d)
that may include a dwelling unit for a manager.
"Cannabis"
means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis
plant seeds and any other substance defined as cannabis in the Cannabis Act (Canada) and its
regulations,
as amended from time to time and includes edible products that contain cannabis.
"Cannabis
Accessory"
means cannabis accessory as defined in the Cannabis Act (Canada)
and its regulations,
as amended from time to time.
"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.
"Car Wash" means a use where motor vehicles are washed and may contain one or more wash
bays where each wash bay is capable of washing one motor vehicle at a time and must provide
at least two (2) vehicle stacking spaces for each wash bay entrance door. This use may include
facilities for washing larger vehicles and equipment.
"Carport"
means a structure attached to a principal or accessory
building, designed and used for
the shelter and
storage of vehicles which
has no door through which the vehicle enters the
structure.
"Clinic"
means a use in which medical, dental or other professional
healing treatment is given to
human beings.
"Coin
Laundries
and
Cleaners"
means a commercial
establishment
equipped with washing
machines and dryers, usually coin-operated
and self-service.
The facility may also include the
provision of services for the dry cleaning of materials, with an associated
storefront.
"Commerctal
Tourist Development"
means a
building or facility where attractions,
exhibits,
goods and
merchandise,
and recreational
facilities are individually
or collectively
offered on a
commercial
basis, oriented to the tourist market.
"Communication
Tower"
means
a
structure
designed
to
support
antennas
for
telecommunications
and broadcasting
and may include television.
"Community
Centre"
means a building owned and operated by the Municipality
or a community
service group which provides social, recreational
and other facilities for the general public, but
does not include worship facilities.
"Community Recreation
Facility"
means a use where that is available to the public for sports
and
recreational
activities
conducted
indoors
and/or
outdoors.
Typical
uses
include
indoor/outdoor swimming pools, hockey rinks, gymnasiums,
sports fields, outdoor tennis courts,
unenclosed
ice surfaces or rinks, athletic fields, bowling greens, riding stables and fitness trails.
These facilities may be publicly or privately owned and/or operated.
"Confined
Feeding Operation"
means an activity on land that is fenced or enclosed or within
buildings where livestock is confined for the purpose of growing, sustaining, finishing or breeding
by means other than grazing and requires registration
or approval under the conditions set forth
CARBON
- Village
in the Valley
Land
Use Bylaw
No. 2018-804
in the Agricultural
Operations
Practices
Act (AOPA) through the Natural Resources
Conservation
Board (NRCB).
"Contractor
Operation"
means
a
development
which
provides
support
for
residential,
commercial
and industrial
construction.
Typical uses include, but are not limited to: oilfield support
services,
laboratories,
cleaning
and
maintenance
contractors,
building
construction,
surveying,
landscaping,
concrete,
electrical,
excavation,
drilling,
heating,
plumbing,
paving,
road
construction,
sewer or similar services.
On-site storage
space for materials,
mobile equipment
or
vehicles
normally associated
with
the
contractor
service
may be
required.
Any sales,
display,
office or technical support service areas shall
be accessory
to the
principal general contractor
use.
"Convenience
Store"
means a use where:
(a)
fresh and packaged
food is sold;
(b)
where daily household
necessities
may be sold;
(c)
that is entirely
within a building;
(d)
that
may
display
the items
for
sale
within
the
use
outside
of
a
building
a
maximum
distance
of 6.0 metres from the public entrance
of the use; and
(e)
may include a limited seating area no greater than 30 square meters.
"Corner
Site" means a site at the intersection
of two or more streets;
"Council"
means the Council of the Vilfage of Carbon.
"Day
Care means a use that provides care, development
and supervision
for 7 or more children,
for
less
than
24
consecutive
hours
in
each
day
that the facility
is
operating.
Day Cares
are
required
to conform
to the policies and requirements
of Provincial
Agencies.
"Day
Home"
means a use:
(a)
that provides care, development
and supervision
for 6 or less children, some or
a!l of whom are
children of person's
other than the person operating
the facility;
(b)
that is located within the private residence
of the person operating
the facility in
which care is provided;
(c)
that operates
for less than 24 consecutive
hours in each day that the facility is
operating;
(d)
may operate as an after school care centre before and after classes;
during the
lunch hour; or when schools are closed; and
(e)
that
is
required
to
conform
with
the
poticies
and
requirements
of
Provincial
Agencies.
"Development"
means:
(a)
an excavation
or stockpile
and the creation of either of them, or
(b)
a building or an addition
to, or replacement
or repair of a building and the
construction
or placing in, on, over or under land of any of them, or
(c)
a change of use of land or a building or an act done in relation to land or a
building
that
results
in
or
is
likely to
result
in
a
change
in
the
land
or
building, or
(d)
a change in the intensity
of use of land of a building that results in or is
likely to result in a change in the intensity
of use of the land or building.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
"Development
Authority"
means:
(a)
a person (or persons)
appointed
as a Development
Officer pursuant
to a
resolution
of Council, or
(b)
the Municipal
Planning
Commission
appointed
by Bylaw; or authorized
to
administer
this
Bylaw
and
to
decide
upon
applications
for
development
permits in accordance
with the provisions
of this Bylaw and the Act.
"Development
Permit"
means a document
authorizing
a development
issued
pursuant
to this
land use bylaw authorizing
the commencement
of a development.
"Dilapidated
Vehicle"
means a vehicle that is
incapable
of being safely operated,
partially
of
fully dismantled
or substantially
damaged.
"Discretionary
Use" means a use of land or a building,
provided for in this land
use
bylaw For which a development
permit
be issued upon an application
having been
made
in
consideration
of the
application's
individual
merits
and
circumstances
at the
discretion
of the Development
Authority.
"Drinking
Establishment"
means a use where:
(a)
liquor is sold for consumption
on the premises;
(b)
where
a
license for the
sale
of
liquor
is
issued
by
the
Province
that
prohibits
minors on the premises
at any time;
(c)
that may include the preparation
and sale of food for consumption
on the
premises;
the facility must not have any openings
, except emergency
exits, non-
opening
windows
or
loading
bay
doors on a
fagade
that
faces a
residential
district or abuts a lane separating
the parcel from a residential
district;
the facility must not have an exterior entrance
on a fagade that faces a
residential
district,
unless
that
fagade
is
separated
by
an
intervening
street;
(e)
(d)
(f)
(g)
the facility must not be within 45 meters (150 ft.) of a residentia!
district
which
must
be
measured
from
the
building
containing
the
use
to
the
nearest property
boundary
of a parcel designated
as a residential
district;
there
is
solid
screening
as
determined
appropriate
by
the
Approving
Authority
for any residential
property.
"Dwelling
- Apartment"
means a residential
building comprising
three or more dwelling units
with shared entrances
and other essential
facilities
and services.
"Dwelling
-
Duplex"
means
a
single
building containing
two dwelling
units
divided
vertically,
each of which has a separate
entrance.
"Dwelling
-
Manufactured
Home"
means
a
detached
dwelling
built
in
an
enclosed
off-site
factory
environment
in one or more sections
and intended
to be occupied
in a location other than
where
it
was
manufactured.
Manufactured
homes
include
homes
that
are completely
self-
contained
single section dwelling units or are incomplete
multi-section
modules that are placed
together
and
completed
on-site.
A
manufactured
home
is
transported
to
the
building
site
on
dollies (wheels) or a flat bed truck and after placement,
the dollies are removed from the site.
Manufactured
homes may be constructed
to either the C.S.A. 2240 or C.S.A. A277 Standards.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
"Dwelling
- Modular
Home"
means
a prefabricated
or
factory
built
frame
or
shell
which
comprises
the
wall
or
siding
of
a proposed
dwelling.
More specifically,
a modular
home
represents
only a section of the dwelling
and such a unit has neither chassis, running gear, nor its
own wheels,
but units may be stacked side-by-side
or vertically,
and completed
to form one or
more complete
dwelling
unit(s)
for year-round
occupancy.
Modular
homes
are not
to
be
considerer:J as manufactured
homes
under this
Bylaw and will
be congruent
in
appearance
to
existing surrounding
buildings.
"Dwelling
- Moved
On" means a single detached
dwelling
that has previously
been lived in, used
as a residence
or other purpose in a previous location and is proposed
to be relocated
to a new
parcel for use as a dwelling.
"Dwelling
- Multiple
Unit (Attached
Housing)"
means a building designed
and built to contain
two or more dwelling units separated
from each other by a fire rated wall with each unit having
separate
entrances
from
the
exterior.
(For
purposes
of this
Bylaw,
garden,
linked,
row
and
townhouses
that meet these criteria are considered
to be attached
housing).
"Dwelling
- Ready-to-Move
(RTM)"
means a newly constructed
single detached
dwelling
that is
constructed
in an off-site location in accordance
with the Alberta Building Code and moved to the
site
to be
set
on
a permanent
foundation
to
be similar
in
function
and
appearance
to
a
conventional
built-on-site
single-detached
dwelling.
This definition
does not include dwelling -
modular
home or dwelling
- manufactured
home.
"Dwelling
- Single-Detached"
means a building
containing
one dwelling
unit only.
"Dwelling
Unit" means a complete
building or self-contained
portion of a building, containing
two
or more rooms,
intended to be used as a
permanent
or semi-permanent
residence
by one or
more persons and containing
kitchen, living, sleeping,
and sanitary
facilities.
"Easement"
means a right to use land generally
for access to other property
or as a right-of-way
for a public utility.
"Equipment
and
Machinery
Sales and
Rentals"
means a
business
specializing
in
providing
retail machinery
sales and leasing of equipment,
including
farm machinery.
"Escarpment
Land" means the land which forms the outer walls of a valley where a large drop
in elevation
exists.
"Existing"
means existing as of the date of adoption
of this Land Use Bylaw.
"Extensive
Agricultural"
means systems
of tillage and
animal
husbandry
through which
one
may gain livelihood
from
large areas of land
by the
raising of crops or the rearing of livestock
either separately
or in conjunction
with one another in unified operations
and includes buildings
and
other
structures
incidental
to
the
operation.
This
use
does
not
include
confined
feeding
operations,
or feedlots.
"Fabric
Covered
Building"
means a metal-framed,
fabric-membrane
pre-engineered
building for
industrial,
commercial
&
agricultural
applications
including
warehouses,
equipment
storage,
manufacturing
facilities,
barns,
stables,
arenas and
event centers.
All fabric covered
buildings
shall
require the appropriate
building
permits
to ensure all
aspects
of the development
are
in
accordance
with
the
Alberta
Safety
Codes
including
appropriate
foundation
construction
and
building anchoring.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
"Fence"
means a vertical physical barrier constructed
out of typical building material to prevent
visual or unauthorized
access or both.
"Financial
Institution"
means a bank, treasury
branch,
trust company,
credit union or similar
establishment.
"Flankage"
means the side lot line of a corner lot that abuts the street.
"Flood
Fringe"
means that portion of the flood risk area where the water is shallower
and moves
more slowly. Development
in the flood fringe may be permitted
provided
that it is adequately
flood
proofed.
"Flood
Risk Area"
means
land
calculated
or determined
by the
Province
as the
area which
would be inundated
by the design flood. In Alberta, the design flood is a 1
in 100 year flood, or
one which has a one percent chance of being equaled or exceeded
in any year.
"Floodway"
means the portion of the flood risk area with the greatest
risk of flooding. Floodway
waters are the deepest, fastest,
and
most destructive
and
new development
in these areas
is
discouraged
in accordance
with the Municipal
Development
Plan and Alberta Environment
Flood
Damage
Reduction
policies.
"Front
Lot Line" means the boundary
dividing the lot from the abutting street.
In the case of a
corner lot, the shorter boundary
shall be deemed
to be the front lot line.
"Front
Yard"
means a yard extending
across the full width or a parcel from the front lot line of the
parcel to the front foundation
of the principal building situated on the parcel. In situations
with an
irregular
front lot line, the point taken from an average
distance
of the arc shall meet the minimum
front yard requirements.
"Funeral
Home"
means a development
used for the purpose of furnishing
funeral supplies
and
services
to the public and includes
facilities
for the preparation
of the human body for internment.
This use does not include crematoriums.
"Gas
Station"
means
a
retail
establishment
at
which
motor
vehicles
are
refueled
and
may
include secondary
facilities
to provide for minor motor vehicle repairs and maintenance.
This use
may include facilities
for oil changes
and propane
sales.
"Golf
Course"
means an area and accessory
buildings
and uses related to the playing of the
game of golf and without
restricting
the generality
of the Foregoing, may include a pro shop, club
house, restaurant,
licensed
dining area or lounge, driving range and picnic area.
"Greenhouse"
means a building designated
and used for the growing
of vegetables,
flowers and
other plants for transplanting
or for sale.
"Gross
Floor
Area"
means
the
total
area
of
all
floors
of
a
building,
excluding
the
area
of
basement
floors, EXCEPT
THAT basement
suites in apartment
buildings
shall be included in the
calculation
of gross floor area.
"Group
Home"
means a development
using a dwelling
for a
provincially
approved
residential
social care facility providing
rehabilitative
and supportive
care.
A Group Home may incorporate
accommodation
for resident
staff as part of the use.
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"Health
Care Facility"
means any location where medical care for peop(e is provided.
A Health
Care Facility may range from small clinics and medical, dental or psychiatric
offices to diagnostic
facilities.
This use may also include a hospital.
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"Height"
means,
when
used
with
reference
to
a
building
or structure,
the
vertical
distance
between a horizontal plane through grade level and a horizontal plane through:
(a)
the highest point of the roof in the case of a building with a flat roof or a
deck roof,
(b)
the average level of a one-slope roof, or
(c)
the highest point in the case of a pitched, gambrel,
mansard, or hipped
roof.
"Home
Occupation"
means
any
occupation,
trade, profession,
or
craft
carried
on by
an
occupant of a residential building or a use secondary
to the residential use of the building, and
which does not change the residential nature of the building nor the neighborhood
or have any
exterior evidence of such secondary
use other than a small name plate, not exceeding O.28 m2 (3
sq. ft.) in area. A home occupation
does not include the outside storage of materials, goods or
equipment, nor the employment
of more than one paid assistant other than the occupant and the
occupant's
family.
"Hotel or Motel" means a building providing sleeping accommodation
which may also contain
commercial uses and such additional uses as restaurants, dining rooms, room service, or public
convention
facilities.
"Kennel"
means a use where three or more dogs and/ or five or more cats over the age of 90
days are cared for,
maintained,
boarded,
bred
or trained whether or not the owner receives
compensation
for such activities.
"Landscaping"
means the provision of any horticultural
and other related compatible
features or
materials designed to enhance the visual amenity of a site or to provide a visual screen consisting
of any of the following e1ements:
(a)
Soft landscaping
consists of vegetation such as trees,
shrubs, vines,
hedges,
flowers, and ground cover such as grass or mulch and;
(b)
Hard landscaping
consists of concrete, unit pavers, brick pavers or quarry tile but
does not include gravel, shale, or asphalt.
"Landfill"
means a waste management
facility at which waste is disposed of by placing it on or in
land, but does not include a land treatment facility, a surface impoundment,
a salt cavern or a
disposal well.
"Lane"
means a public thoroughfare
which provides a secondary
means of access to a site or
sites.
"Liquor
Store" means a use where alcoholic beverages are sold for consumption
off site of the
retail outlet premises, that has been licensed by the Province.
The liquor store:
(a)
(b)
must not be located within 300 meters (985 ft.) of any other liquor store, when
measured from the closest point of a liquor store to the closest point of another
liquor store;
must not be located within 150 meters (492 ft.) of a parcel that contains a school,
when measured from the closest point of a liquor store to the closest point of a
parcel that contains a school.
"Livestock"
means cattle,
horses,
sheep,
or other types of farm
animals in accordance
with
Provincial Regulations.
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"Loading
Space"
means
a space for parking a vehicle while
being
loaded
or unloaded
with
people or goods.
"Lot"
means:
(C)
(d)
a quarter section;
a river lot or settlement
shown on an official plan referred to in the Surveys Act
that is filed or lodged in the Land Titles Office; or
a part of a parcel where the boundaries
of the parcel are separately
described
in
a certificate
of title other than by reference
to a legal subdivision;
or
a part of a parcel where the boundaries
of the part described
in a certificate
of
title by reference
to a plan of subdivision.
"Manufactured
Home Park" means a parcel of land
under one title which
has been planned,
divided
into
manufactured
home
lots
and
improved for placement
of manufactured
homes for
permanent
residential
use.
"Manufactured
Home Subdivision"
means an area subdivided
by registered
plan,
containing
lots for manufactured
homes by free-hold
or leasehold
tenure.
"Manufacturing"
means
the
process
of
converting
raw
materials
or
components
into
more
refined
goods,
but
the
process
must
not
create
and
emit
fumes,
gases,
smokes,
vapours,
vibrations,
noise or glare or other factors which are regarded
as nuisances
which would cause
adverse
effects to the users of adjacent
land.
"Municipality"
means, the Village of Carbon.
"Municipal
Planning
Commission"
(MPC)
means
the
Village
of Carbon
Municipal
Planning
Commission
which is established
by Council pursuant
to the Act.
"Museum"
means a building in which objects of historical,
scientific,
artistic, or cultural interest
are stored and exhibited.
"Natural
Resource
Extraction"
means the extraction
of natural resources
such as clay, sand,
gravel, limestone,
coal, petroleum
and other minerals, and may include primary
treatment
into a
raw, marketable
form.
"Office"
means
development
primarily
for
the
provision
of
professional,
management,
administrative,
consulting,
or financial
services in an office setting. Typical uses include, but are
not limited to, the offices of lawyers, accountants,
travel agents, real estate and insurance
firms,
planners
and
other
consultants,
clerical
services
and
secretarial
agencies.
This
excludes
the
servicing
and repair of goods; the sale of goods to the customer
on site; and the manufacture
or
handling
of a product.
"Parcel"
means the aggregate
of the one or more areas of land described
in a certificate
of title
or described
in a certificate
of title by reference
to a plan filed or registered
in a land titles office;
"Parking
Lot" means a use:
(a)
where
parking
is provided for vehicles for a short duration,
independent
of the
provision
of any other use; and
(b)
where vehicles
are parked at grade; and
(c)
where
landscaping
and
screening
may
be
required
by the
Development
Authority.
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"Parks
and Playgrounds"
means a use:
(a)
where open space is provided
for the purposes
of recreation;
and
(b)
that
may
include
playground
equipment,
benches,
landscaping
and related
development.
"Permanent
Foundation"
means
an
appropriate
building
foundation
installed
to
provide
structural
support for a building or structure,
for a time period greater than one year and
may
include; wood
or concrete
basement,
concrete
piles
or pier or strip footings,
concrete slab on
grade or other means designed
to be permanently
in place and shall meet the requirements
of
the Safety Codes Act.
"Permitted
Use" means the use of land or of a building which is listed in the column captioned,
"Permitted
Uses" in the lists of Permitted
and Discretionary
Uses appearing
in this Bylaw and for
which,
when
it
meets
the applicable
provisions
of this
Bylaw,
a
Development
Permit
shall
be
issued.
"Personal
Service"
means development
used for the provision
of services
to an individual
which
are related to the care and appearance
of the body, or the cleaning
and repair of personal effects.
Typical uses
include,
but are not limited to:
hairdressers,
spas and massage
services, tanning
salons,
and
shoe
repair
shops.
This
use
does
not
iriclude
medical
offices,
health
services,
general retail businesses
or adult entertainment
facilities.
"Post
Office"
means an office or station of a government
system at which mail is received and
sorted, from which it is transported,
and at which stamps are sold or other services
rendered.
"Principal
Building"
means a building in which is conducted
the main or principal use of the site
on which it is erected and includes
any attached
structures
including
but not limited to, a deck or
attached
garage.
"Principal
Use" means the main purpose
for which a building or lot is used.
"Private
Club or Organization"
means an athletic,
social, recreational
or service organization
which is privately
owned and operated.
"Protrusion
of Escarpment"
is that portion of a toe of slope which projects into bottom lands at
a length of at least 30 m (98.4 ft.) and has a characteristic
pointed shape depending
on its length
and width.
"Public
Buildings
and Installations"
includes
any building which is used by the public for the
purpose of assembly,
instruction,
culture or enlightenment
or for a communal
activity,
such as
libraries.
This use does not include a worship
facility, school, or place of public entertainment
for
which an admission
fee is customarily
charged.
In addition, it includes a building as defined in
the Act in which the proprietor
of the public utility maintains
its office or offices and/or maintains
or
houses any equipment
used in connection
with the public utility. This use includes all municipal
government
offices.
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"Public
Utility"
means a use to provide for one or more of the following
for public consumption,
benefit, convenience
or use:
a)
b)
c)
d)
e)
f)
g)
h)
water or steam;
sewage disposal;
public transportation
operated
by or on behalf of the municipality;
irrigation
works;
drainage;
fuel;
electricity;
heat;
waste management;
or
telecommunications.
"Recreation
Facility"
means a public or private development
providing
facilities for recreational
entertainment
and activities
either indoor or outdoor. Typical uses include, but are not limited to a
bowling
alley, swimming
pool,
ice
rink,
rodeo/exhibition
grounds,
trails
and
a
multi-purpose
facility.
This
use
does
not
include
a
golf course,
but
may
include
a
minor retail
component
secondary
to the principle
use of the site.
"Rear
Yard" means a yard extending
across the full width of a parcel from the rear wall of the
main building situated on the parcel to the rear line of the parcel.
"Recycling
Facility"
means a use where recyclable
materials
are collected,
sorted, stored and
or
processed
and
packaged
for
future
reuse
or
appropriate
disposal.
Product
may
also
be
transported
to other facilities
for further preparation
for reuse or appropriate
disposal.
This use
does not apply to auto wreckers.
"Renewable
Energy
System"
means a use:
(a)
that
produces
electrical
power
to
be
used
for
the
on-site
consumption
requirements
by alternative
means such as but not limited to active and passive
solar collectors,
photovoltaic
solar panels,
wind power and
geothermal
energy;
and
(b)
may provide
residual
power to
the grid
but
is
not intended
to
produce
power
primarily
for resale.
See "Alternative
Energy
Systems".
"Restaurant"
means a use
(a)
where
food
is
prepared
and
sold
for
consumption
on
the
premises
and
may
include the sale of prepared
food for consumption
off the premises;
(b)
that may be licensed
for the sale of liquor by Provincial
Agencies;
and
(c)
that may contain a drive-through
as a separate
use.
"Retail
Store"
means
a
building
where
goods,
wares,
merchandise,
substances,
articles
or
things
are
stored,
offered
or
kept for sale
and
includes
storage
in
the
premises
of sufficient
quantities
to
supply
normal
needs.
This
use
does
not
include
a "Convenience
Store" and/or
"Cannabis
Retail Sales".
"Reversed
Corner
Lot" means a residential
lot where the front fagade of the dwelling
is oriented
toward the flankage
side of the lot, rather than the front lot line on a corner site.
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"School"
means a use:
(a)
where
any
of
the
following
teaches
students
the
education
curriculum
from
Kindergarten
to Grade 12 pursuant
to the School Act:
(i)
a school district
(ii)
a school division; or
(iii)
a society or company
named within a charter approved
by the Minister
of
Education
operating
a charter school;
that may have after school care uses;
that may include any buildings
and related playing fields and park spaces;
that may provide food service to the students
and staff; and
that
may
provide
programs
for
parental
and
community
involvement
or
skills
training.
"Screening"
means a visual separation
between sites, districts or land use activities
provided
by
a fence, wall, berm, landscaping.
"Secondary
Suite"
means
an
accessory
dwelling
unit that is
located
as
part of the
principle
dwelling
unit or which
may also
be
contained
within
an
accessory
building
such
as
above
a
garage.
Both dweiling units are registered
under the same land title.
A dwelling unit means a
self-contained
portion
of
a
building
usually
containing
cooking,
eating,
living, sleeping
and
sanitary
facilities
and
used as a permanent
residence
by a household.
Only one suite per title
may
be
permitted.
Each
suite
must
have
a
separate
entrance
door
or
a
single
entry
door
providing
access to an enclosed
shared landing area. 4 additional
parking space will be required
on the property
containing
a suite.
In no case will a suite be permitted
on a property
without a
principle,
residential
structure.
"Self
Storage
Facility"
means a use:
(a)
where goods are stored in a building;
(b)
where the building is made up of separate
compartments
and each compartment
has separate
access;
(c)
that may be available
to the general public for the storage of personal items;
(d)
that may include the administrative
functions
associated
with the use;
(e)
that may incorporate
security
or custodial
quarters
for the facility; and
(f)
that does not include sea cans or shipping
containers.
(See Storage Structure).
"Seniors
Lodge"
means a building
to provide an appropriate
living environment
for older adults.
Lodges are administered
by lodge foundations
and may provide housing, meals, housekeeping,
linen/ laundry, recreational
programs
and 24-hour
safety and security
services.
"Shopping
Centre"
means a group of commercial
establishments
planned, developed,
owned,
and managed
as a unit with off-street
parking provided
on the site.
"Side
Yard"
means a yard extending
from the front wall of the main building situated on a parcel
to the rear wall of the main building and lying between
the side line of the parcel and the side
foundation
of the main building.
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"Sign"
means
a
device
or structure for
providing
direction
or
providing
information
or calling
attention to such things as a development,
business,
product, service, location, object, event or
person:
(a)
"Area
of Sign" means the total
surface area within the outer periphery
of the
said sign, and,
in the case of a sign comprised
of individual
letters or symbols,
shall
be calculated
as the area of a rectangle
enclosing
the letters or symbols.
Frames
and
structural
members
not
bearing
advertising
matter
shall
not
be
included in computation
of surface area;
(b)
"Fascia
Sign" means a sign placed flat and parallel to the face of the building so
that no part projects more than one foot from the building;
(C)
"Free-standing
Sign"
means
a
sign
on
a
standard
or
column
permanently
attached
to the ground and which is not connected
in any way to any building or
other structure;
(d)
"Projecting
Sign" means a sign which is attached to a building or structure
so
that part of the sign projects more than one foot from the face of the building or
structure;
"Roof
Sign" means any sign placed on or over a roof;
"Sandwich
Board"
means
a
sign
placed
only within
the frontage
area
of the
business
which is advertised;
(g)
"Portable
Sign" means a sign which may be illuminated
and is easily moveable
and
normally
has
a
message
which
may be
readily
modified.
Such
signs
are
typically
operated
by a business
which leases these signs to other businesses;
(h)
"Bench
Sign" means any sign which is placed or erected on an immobile
seat.
"Site"
means a lot or parcel of land on which a development
exists or occurs or for which an
application
for a development
permit is made.
"Site
Coverage"
means the ratio of all principal and accessory
buildings
or structures
(including
verandas,
porches, enclosed/
covered/
decks) on a site to the total lot area. Such buildings and
structures
do not include steps, eaves, cornices
and open decks.
"Storage
Structure"
means
a
structure
that
does
not
meet
the
definition
of
an
accessory
building and is used for the storage of goods or equipment.
A storage structure
may be in the
form of a shipping
container
(sea cans), trailer or other structure.
"Storage
Yard"
means a use:
(a)
where goods,
motor vehicles or equipment
used
in
road
construction,
building
construction,
oilfield
services
and
similar
industries
are
stored
outdoors
when
they are not being used;
(b)
where
the
vehicles
and
equipment
stored
may
also
be
serviced,
cleaned
or
repaired;
(C)
that may involve the storage of construction
material such oil
and gas pipeline
materials
or sand and gravel;
that does not involve the storage of any derelict vehicles
or derelict equipment;
that does not involve the production
or sale of goods as part of the use; and
that may have a building for the administrative
functions
associated
with the use.
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"Structure"
means anything constructed
or erected either permanent or temporary, the use of
which
requires
a
location
on
the ground
or attachment to something
having
location
on
the
ground.
"Structural
Alterations"
means adjustments
or changes made to load bearing walls within a
structure for which a building permit is required.
"Subdivision
and Development
Appeal Board" means a subdivision
and development
appeal
board established
by Council pursuant to the Act.
"Temporary"
means a period of time up to one year.
"Temporary
Development"
refers to a proposed development,
where the intent is to operate the
use or structure for a specified period of time, not to exceed one (1 ) year from the effective date
of the
permit
issued
in
relation to the temporary development.
Any temporary development
permit will state a date on which the development
will cease.
"Theatre"
means
a
building,
for
housing dramatic presentations,
stage
entertainments,
or
motion-picture
shows.
"Tiny Home"
is a descriptor for the architectural and
social
movement that advocates living
simply in small homes. Generally, a floor area of less than 46 m2 (500 sq. ft.) is accepted to be a
tiny home,
(also known
as a "small
house").
A tiny
home which
is
utilized
as a
permanent
dwelling must conform to all requirements
of the Alberta Building Code and the land use district
requirements
in which the
structure
is
situated,
including
number of units
on
a
parcel.
For
purposes of this Bylaw, a non-permanent
structure, (not on a foundation),
shall adhere to the land
use district requirements
associated
with the placement of a recreational
vehicle.
"Toe of a Slope" means the point where at the bottom of a slope, the grade begins to rise at a
rate steeper than 20 percent.
"Truck
and Freight Terminals"
means a processing node for materials or goods.
They may
include airports, railroad terminals, and trucking terminals. Freight is usually loaded onto and off
the transport.
"Utilities"
means any one or more of the following:
(a)
systems for the distribution
of gas, whether artificial or natural;
(b)
facilities
for
the
storage,
transmission,
treatment,
distribution
or
supply of water;
(c)
facilities
for
the
collection,
treatment,
movement,
or
disposal
of
sanitary sewage;
(d)
storm sewer drainage facilities;
(e)
systems for electrical distribution
and lighting; or
(f)
systems for telephone & cable television distribution.
"Veterinary
Clinic"
means a use:
(a)
where animals or pets receive medical treatment; and
(b)
that may provide for the incidental sale of products related to the use.
(c)
that may have administrative
functions associated
with the use.
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"Warehousing"
means the use of a building and/or site primarily
for the keeping
of goods and
merchandise,
excluding
dangerous
or hazardous
materials,
derelict vehicles
or parts thereof, or
any waste material. It includes moving companies,
trucking terminals,
inter-modal
transfer
areas
and the storage of recreational
vehicles (indoor or outrJoor, including
boats and ATVs).
This use
may include a retail or wholesale
component.
"Waste
Transfer
Site" means a use:
(a)
where waste is dropped off locally and stored for a limited period of time;
(b)
where waste is picked up on a regular basis and delivered
to the regional waste
management
facility;
(C)
which may include recycling
facilities;
(d)
where no waste is permanently
disposed
of and does not generate
environmental
pollution
to the site or surrounding
area.
"Worship
Facility"
means any facility used for the purpose of spiritual worship. Examples
may include, but are not limited to churches,
temples, mosques,
and synagogues.
"Yard"
means a part of a parcel upon or over which no main building is erected.
All other
words
and expressions
have the meanings
respectively
assigned
to them in the
Municipal
Government
Act, (the Act), as amended.
3.
Development
Authority
PART II
Administrative
Authorities
The
Development
Authority
is
established
by
Bylaw
pursuant
to
the
Municipal
Government
Act.
(1)
The Development
Authority
exercises
deve(opment
powers and duties on behalf
of the Municipality.
(2)
The Development
Authority
is:
(a)
the Development
Officer
while carrying
out his or her functions
or duties
under this Bylaw and/or the Act, or
(b)
the Municipal
Planning
Commission
while
exercising
development
powers or duties under this Bylaw and/or the Act.
4.
Development
Officer
The office of the Development
Officer is established
by Bylaw pursuant
to the Act.
Pursuant
to
the
provisions
of the
Municipal
Government
Act,
Council
hereby
appoints
the
Development
Officer as a
Development
Authority,
with the
power
and
authority
to
make
decisions
with
respect
to
applications
for
development
permits
specified
in
this
Bylaw.
The
person
or
persons
that
fill
the
office
of
Development
Officer shall be appointed
by the County Manager.
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Municipal
Planning
Commission
The Municipal
Planning
Commission
is established
by Bylaw pursuant
to the Act.
(1)
Pursuant
to
the
provisions
of the Act,
Council
hereby appoints
the
Municipal
Planning Commission
as a Development
Authority,
with the power and authority
to make decisions
with respect to applications
for development
permits specified
in this Bylaw
Subdivision
and Development
Appeal
Board
The Subdivision
and Development
Appeal Board, established
by Bylaw in
accordance
with the Act, shall perform such duties as are specified
in Part IV of
this Bylaw.
Subdivision
Authority
The Subdivision
Authority,
as established
by Counci!, shall
perForm duties on behalf of
the municipality
in accordance
with the Act, the Land Use Bylaw and all relevant
Village
of Carbon planning
documents.
Development
Authority
- Powers
and Duties
(a)
The Development
Authority
must administer
this Bylaw and decide upon all
development
permit applications.
(b)
(C)
The types of development
permit applications
a development
authority
may
consider
in accordance
with Part Ill, Section 10 are a development
permit for:
(i)
a permitted
use that complies
with all requirements
of this Bylaw;
(ii)
a permitted
use that does not comply
with all requirements
of this Bylaw;
(iii)
a discretionary
use that complies
with requirements
of this Bylaw;
(iv)
a discretionary
use that does not comply
with all requirements
of this
Bylaw.
Unless otherwise
referenced
in Section 11, the Development
Authority
must not
approve
a development
permit for an addition or structural
alteration
to a non-
conforming
building.
(d)
The Development
Authority
must collect fees according
to the scale approved
by
resolution
of Council.
(e)
The Development
Authority
may refuse to accept a development
permit
application
where:
(iii)
the information
required by Part Ill Section 9 is not provided;
the quality of the information
provided
is inadequate
to properly
evaluate
the application;
or
the fee for a development
permit application
has not been paid.
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PART Ill
Development
Permit
Application
Control
of Development
(1 )
No development
other than that designated
in Section 8 shall be undertaken
within
the Municipality
unless an application
for it has been approved
and a development
permit has been issued.
10.
Development
Permit
Not Required
It shall not be necessary
to obtain a Development
Permit prior to commencement
of the
following
developments
but the development
shall otherwise
comply
with the provisions
of this Bylaw.
(1 )
The carrying
out of works of maintenance
or repair to a building provided
that such
work:
(a)
does not include structural
alterations;
(b)
does not change the use or intensity
of the use of the structure.
(2)
The
completion
of any development
which was
lavifully commenced
before the
passage of this
Bylaw or any amendment
thereto,
provided
the
development
is
completed
in accordance
with the terms of any permit granted in respect of it and
provided
that it is completed
within 12 months of the date of commencement.
(3)
The use of any such building
as is referred to in subsection
(2) for the purpose
for
which construction
was commenced.
(4)
The erection or construction
of gates, fences, walls or other means of enclosure
in
accordance
with Section
39 of this Bylaw.
(5)
A temporary
construction
site building, the sole purpose
of which is incidental
to the
erection or alteration
of a building, for which a permit was issued under this Bylaw
and which is removed
from the site upon completion
of construction/alteration;
(6)
The maintenance
or repair of public works, services or utilities carried out by or on
behalf
of federal,
provincial
and
municipal
public
authorities
on
land
which
is
publicly owned or controlled.
(7)
The use of a building or part thereof
as a temporary
polling station for a Federal,
Provincial,
or Municipal
election,
referendum
or plebiscite.
(8)
The
construction,
maintenance
and
repair
of
private
walkways,
pathways,
driveways,
and similar works.
(9)
The placement
of signs that:
(a)
Are for the purpose
of identification,
direction
and warning,
not exceeding
0.9 m2 (10 ft.2) and limited to one sign per parcel;
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(b)
Are temporary
and are for the advertising
of sale or lease of property, not
exceeding
O.55 m2 (6 ft.2) in area and not more than 1.8 m (6 ft.) in height;
(c)
Relate
to
a person,
partnership
or
company
carrying
on a profession,
business
or trade, not exceeding.28
m2 (3 ft.2) and limited to one sign per
parcel:
(d)
Relate to an
institution
of a religious,
educational,
cultural,
recreational,
or
similar character
or to a residential
motel,
apartment
block, club or similar
institution,
not exceeding
O.9 m2 (10 ft.2) and limited to one sign per parcel;
(e)
Related to the function
of Local Authorities
and Utilities Boards; and
(f)
Relate to a Home Occupation
and which do not exceed O.28 m2 (3 sq. ft.)
and are fixed to the principal or accessory
building.
(10)
An
official
notice,
sign,
placard
or bulletin
required
to
be
displayed
pursuant
to
provisions
of Federal, Provincial
or Municipal
Legislation.
(11 )
The erection or construction
or replacement
of one (1 ) garden/tool
shed
per site,
which does not exceed 13.4 m2 (144 sq. ft.) in floor area and 3.05 m
(10 ft.) in
height and is not placed on a permanent
foundation
or connected
to any utilities.
11.
Application
for a Development
Permit
Any owner of a
parcel,
an
authorized
agent,
or other persons
having
legal
or
equitable
interest in the parcel may make application
for a development
permit to
the Development
Officer using the approved
form and shall be accompanied
by
information
as
may be
required
by the
Development
Authority
to evaluate the
application
including,
but not limited to:
(a)
(b)
(C)
(C)
(d)
a site plan in duplicate,
drawn to scale, which shows the following:
(i)
legal description
of the site with north arrow;
(ii)
area and dimensions
of the land to be developed
including
the front, rear and side yards if any;
(iii)
area and external dimensions
including
the heights of all
buildings
and structures
to be erected on the land;
(iv)
(V)
any provisions
for off-street
loading and vehicle parking,
including
all access and exit points to the site; and
the position and distances
of any existing building,
roads, water bodies, trees or other physical features
on
the land to be developed.
floor plans, elevations,
sections
in duplicate
and an indication
of the
exterior
finishing
materials
and color if required by the Development
Authority;
pictures of the interior and exterior
of an existing building that is
proposed
to be moved on to a parcel within the Village of Carbon;
a statement
of the proposed
use or uses;
a statement
of ownership
of land and the interest of the applicant
therein;
(e)
the estimated
commencement
and completion
dates;
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the estimated
cost of the project or contract
price;
the development
permit fee as prescribed
by Council;
a surveyor's
certificate
or real
property
report
if
required
by the
Development
Officer;
written
agreement
of the registered
land
owner(s)
of the property
with
regard to the proposed
development;
Damage
Deposits:
A damage
deposit of $500.00 per lot or higher at the discretion
of
the
Development
Officer
shall
be
paid
upon
receipt
of
a
development
permit. This requirement
may be waived if,
in the
opinion of the Development
Officer, there are no improvements
abutting
the
property
that
could
sustain
damage
during
construction.
The damage
deposit shall
be used
by the Village of Carbon to
repair
or replace
damaged
curb
stops,
valve
boxes,
manhole
cover, catch-basins,
culverts,
pipelines,
sidewalks,
curbs
and
gutters,
lanes,
roads
and
any
surface
or
underground
improvement
on or
abutting
the
land
which
is
covered
by the
construction
or demolition
activity.
(iii)
It
is
the
owner's
or
agent's
responsibility
to
ensure,
prior
to
commencement
of construction
or demolition,
there
is
no
previous damage.
It there is existing damage,
it shall be reported
to the Village of Carbon, before the work commences.
(iv)
Rough
landscaping
(spreading
of
topsoil)
must
be
completed
before the damage
deposit is refunded.
The
property
owner
or
agent
is
responsible
to
have
the
necessary
improvement
cleared
and
visible
for
the
initial
and
final inspection
by the Village.
(vi)
The
property
owner or agent shall
apply
to
the
Public
Works
Department
for the refund of the damage
deposit.
(vii)
When
an
application
is
made,
the
Village
Public
Works
Department
shall inspect the site for damage.
(viii)
If no damage
has occurred,
the deposit
shall be refunded
in full.
(ix)
If damage
has occurred, the deposit shall be used to cover the
cost
and
any outstanding
amount
shall
be directed
to the
property
owner.
Damage
deposits
cannot be transferred
to another
property.
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The Development
Authority
may require additional
copies of the application
plans
or specifications
as well as such additional
information
as deemed necessary
to
sufficiently
evaluate
the application.
The Development
Authority
shall issue a notice of "Complete"
or "Incomplete"
application,
within 20 days of the submission
in accordance
with the
requirements
of the Act.
12.
Deciding
on Development
Permit
Applications
(1 )
The Development
Officer shall:
(a)
receive, consider
and decide on an application
for a development
permit for
those uses listed as a permitted
use for the relevant land use district that
comply with the minimum
standards
for that district;
(b)
refer,
at
his/her
discretion,
a
permit
application
for
an
industrial
development
for comments
to those
authorities
(provincial
and
regional)
where interest
or jurisdiction
may be affected;
(c)
refer with recommendations,
to the Municipal
Planning
Commission
for its
consideration
and decision, applications
for a development
permit for those
uses which constitute
discretionary
uses and which have been assigned
to
it for consideration
and decision;
and
(d)
refer
to
the
Municipal
Planning
Commission
at
his/her
discretion
any
application
which in his/her opinion should be decided by the Commission.
(2)
The Municipal
Planninq
Commission
shall:
decide on applications
for a development
permit for those uses listed as
discretionary
uses
for
the
relevant
land
use
district
(excepting
applications
for Home Occupations);
approve the
application
unconditionally
or
impose conditions
considered
appropriate,
either permanently
or for a limited period of time, or refuse the
application;
When making
a decision
on a development
permit
application
for
a
discretionary
use
the
Municipal
Planning
Commission
must
take
into
account:
(i)
(ii)
(iii)
(iv)
(V)
(vi)
any plans and policies affecting
the parcel;
the purpose
statements
in the applicable
land use district;
the appropriateness
of the location and parcel for the proposed
development;
the compatibility
and
impact of the proposed
development
with
respect to adjacent
development
and the neighbourhood;
the merits of the proposed
development;
the servicing
requirements;
(vii)
access and transportation
requirements;
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(viii)
(viiii)
vehicle and pedestrian
circulation
within the parcel;
sound planning
principles.
(3)
An
application
may
be
approved
where
the
proposed
development
does not
comply
with
the
specific
requirements
of
any
district
in
this Bylaw
if,
at
the
discretion
of the Municipal
Planning Commission,
the proposed
development
is in
generai accordance
with all other bylaw requirements
(4)
The Development
Authority
may require, with respect to a development
that, as a
condition
of issuing a development
permit, the applicant
enter into an agreement
to do all or any of the following:
(a)
to construct
or pay for the construction
of public roadways
required to
give access to the development,
or
(b)
to construct
or pay for the construction
of pedestrian
walkway
systems,
or
(C)
to construct
or pay for the construction
of parking facilities
and/or loading
and unloading
facilities,
or
(d)
to install or pay for the installation
of utilities that are necessary
to service
the development,
or
(e)
to pay an off-site levy or redevelopment
levy imposed
by Bylaw.
If a development
permit application
is refused,
the Development
Officer need not
accept another
application
for the same or similar use on the same parcel for six
(6) months from the date of refusal or appeal decision,
whichever
is the latter;
An application
for a Development
Permit, shall be deemed to be refused
when a
decision
thereon
is
not
made
within
forty
(40)
days
after
the
receipt
of
the
application
in
its
complete
and
final
form
by
the
Development
Officer.
The
applicant
may appeal in writing as provided
for in Part IV as though he/she had
received a decision or refusal. This clause shall
not apply if an applicant
for a
development
permit enters into an
agreement
with the Development
Officer to
extend the 40 day time period.
The Development
Authority
may issue a temporary
Development
Permit,
for a
period not exceeding
one (1 ) year.
If
the
development
authorized
by
a
permit
is
not
commenced
within
the
12
months from the date of its issue, the permit is deemed
to be void,
unless an
extension
to
this period
has previously
been granted
by the Development
Authority.
13.
Application
for Relaxation
of Bylaw
Requirements
Where a development
permit application
is for a permitted
or discretionary
use in
a building or on a parcel and the proposed
development
does not conform to all
applicable
requirements
and rules of the Bylaw, the Development
Authority
may,
in accordance
with the following
standards:
(a)
refuse to approve
the development
permit application;
or
(b)
approve
the development
permit application
and grant a relaxation
of the
requirement
or
rule
to which
the
proposed
use
does
not
conform.
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The Development
Officer,
at
his/her
discretion,
may
relax
the
development
standards
within residential
land use districts of up to 1 0% of the Land Use Bylaw
requirement,
or defer
a decision
on a relaxation
request
to
the Municipal
Planning
Commission;
The Municipal
Planning
Commission
or Subdivision
Authority
at its discretion
may relax the development
standards
in any land use district up to 20%;
Notwithstanding
Subsection
(3) above, the Subdivision
Authority
or Development
Authority
at its discretion,
may relax the development
standards
beyond 20% in
the following
cases in accordance
with the test for a relaxation
in the following
subsection:
(a)
(b)
a proposed
subdivision,
the setback requirements
for existing buildings
may be relaxed to allow the subdivision
of the lot, if the subdivision
would
not increase any existing non-conformity
and meets the minimum
parcel
requirements
to allow for redevelopment
in the future;
an addition to an existing residential
deve!opment
in an established
area;
if the development
would not increase
any existing
non-conformity.
The test for a relaxation
shall include the following
criteria:
(a)
(b)
(C)
(d)
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
properties;
and
the proposed
development
conforms
with a use prescribed
by this Bylaw
for that land or building;
conformance
to the purpose
and intent of the Land Use District;
whether
granting
the relaxation
would make the proposed development
incompatible
with existing developments
or uses; and
(d)
take into consideration
the future land uses of the parcel and surrounding
area as depicted
in the Municipal
Development
Plan.
The
Development
Authority
may,
as
a
condition
of approving
a
development
permit that does not comply with all of the applicable
requirements
and rules of
this Bylaw require the applicant
to conform
to a higher standard
than required by
the applicable
rules if, in the opinion of the Development
Authority,
conformance
to a higher standard
will off-set any impact of granting
the relaxation.
14.
Applications
the Development
Authority
Must Refuse
The Development
Authority
must
refuse
a deve1opment
permit application
when
the proposed
development:
(a)
is for a use that is not listed as either a permitted
or discretionary
use in
the governing
land use district;
15.
Development
Permit
Referrals
& Notices
Development
Permit
Application
Referrals
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Upon receipt of a complete
application
for development
of a use listed as
a
Discretionary
Use or
that
requires
a
relaxation,
the
Development
Authority
may at
their discretion
provide
written
notice
to
all
adjacent
landowners
or a geater
circulation
area if potentia!
for conflict is deemed
to be probable;
Refer
at
their
discretion,
a permit
application
for
a
development
for
comments
to
any
officer,
individual,
group,
department,
agency,
(provincial
and
regional)
or adjacent
municipality
whose
intent
or
jurisdiction
may be affected;
The
notice
shall
indicate
the
location
and
nature
of the
development
proposal,
the time
and
date a
decision
will
be
rendered
on
the
application,
copies of relevant drawings
and a contact and a final date to
submit comments;
After
a
minimum
14
days
from
the
date
of
referral
to
any
departmenUindividual
and/or to any other provincial,
federal, or external
agency,
the
Development
Officer
may
present
the
application
to
the
Municipal
Planning
Commission
whether
or
not
comments
or
recommendations
have been received;
The
Development
Officer
shall
disclose
to the Municipal
Planning
Commission
whether
a circulation
was
performed
in regards
to a
development
application
for a discretionary
use or an application
that
requires a relaxation
and the extent of the circulation
area;
In cases where the
Development
Officer has
rendered
a decision, this
decision
shall
be circulated
to
the
Municipal
Planning
Commission
for
their information.
Development
Permit
Notification
of Decision
(a)
A development
permit granted pursuant
to this Bylaw does not come into
effect until it is determined
that no notice of appeal has been served on the
Subdivision
and
Development
Appeal
Board
within
the
14
day
appeal
period for a discretionary
use or a permitted
use where a relaxation
of
bylaw requirements
has been applied.
Any development
proceeded
with
by the applicant
prior to the expiry of this period is done solely at the risk of
the applicant;
(b)
Notwithstanding
subsection
(a), a development
permit granted pursuant
to
this Bylaw, for a permitted
use, where the provisions
of this Bylaw have
not been relaxed or varied, comes into effect on the date that the decision
is made.
(c)
Where
an
appeal
is
made
pursuant
to
Part
N
of
this
Bylaw,
a
development
permit which has been granted shall not come into effect until
the
appeal
has been
determined.
The
Subdivision
and
Development
Appeal Board may approve or refuse the permit application
in accordance
with the Act and Part /V of this Bylaw.
(d)
When a Development
Permit has been granted, the following
notification
procedures
shall be followed:
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(i)
(ii)
(iii)
(iv)
(V)
in the case of a permit issued for a permitted
use where the
provisions of this Bylaw have not been
relaxed
or varied,
the
Development
Officer is not required to notify adjacent or affected
land owners;
for all Home Occupation
permit applications, a notice in writing
shall be immediately
mailed to all adjacent landowners
who,
in
the opinion of the Development
Officer, may be affected;
in all other circumstances,
a notice shall immediately
be posted
conspicuously
on the property for which the Development
Permit
application has been made; and/or
a notice, in writing, shall be immediately
mailed to all adjacent
landowners and to all registered owners of land whom,
in the
opinion of the Developer Officer, may be affected; and/or
a
notice
shall
be
immediately
published
in
a
newspaper
circulating in the municipality
stating the location of the property
for which the application has been made and the use approved.
(e)
A
decision by
the Development
Authority
on an
application
for a
development
permit shall be given in writing and a copy of it sent to the
applicant.
(f)
When
the
Development
Authority
refuses
an
application
for
a
development
permit,
the
decision
shall..contain
the reasons
for
the
refusal.
(g)
If after the
issuance of a development
permit it becomes known to the
Development
Authority that:
(i)
(ii)
(V)
the
application
for
a
development
permit
contains
a
misrepresentation;
facts have not been disclosed which should have been disclosed
at
the
time
of
consideration
of
the
application
for
the
development
permit; or
the development
permit was issued in error; or
the requirements
or conditions of the development
permit have
not been complied with; or
the
applicant
requests,
by way
of
written
notice
to
the
Development
Authority,
the
cancellation
of
the development
permit, provided that commencement
of the use, development
or
construction
has not occurred;
the development
permit may be suspended
or cancelled
by notice in writing,
issued by the Development
Authority to the applicant at the address given in the
development
permit application.
Upon receipt of the written notice of suspension
or cancellation,
the applicant must cease all development
and activities to which
the development
permit relates.
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16.
Appeal Procedure
PART IV
Appeals
An appeal may be made to the Subdivision
and Development
Appeal
Board
where the Development
or Subdivision
Authority as the case may be:
(a)
refuses or fails to issue a development
permit to a person within 40 days of
receipt of the application. If the applicant has entered into an agreement
with
the Development
Officer or Municipal Planning Commission
to extend the 40
day time
period
this
clause
comes
into
effect at the
time the
extension
expires;
(b)
issues a development
permit or subdivision
approval subject to conditions;
(c)
issues an order under Section
19 of this Bylaw;
(d)
cancels or suspends a development
permit under in accordance
with this
Bylaw;
(e)
refuses or fails to approve a subdivision application within 21
or 60 days
(whichever
period is applicable)
of receipt of a complete application, unless
the applicant has entered into an agreement
with the subdivision
authority to
extend the 21 or 60 day time period, as the case may be;
(f)
where a Development
Permit is issued within a Direct Control
District
by
Council, there is no appeal available to the Subdivision
and Appeal Board in
accordance
with the Act;
(g)
where a Development
Permit is issued within a Direct Control
District
by
the Development
Authority, the appeal that can
be made to the Board is
limited to the question of whether the Development
Authority followed the
direction of Council;
(h)
If the Board finds that the Development
Authority did
not follow Council's
directions,
it
may, in
accordance
with
Council's
directions,
substitute
its
decision for that of the Development
Authority.
The person applying for a subdivision,
development
permit or affected by an order,
under this Bylaw, or any other person complying with the appeal requirements
as
set out in the Act and Subdivision
and Development
Regulation,
may appeal
the decision of the Development
or Subdivision
Authority to the Subdivision and
Development
Appeal Board.
Notwithstanding
subsections
(1) and (2), no appeals are allowed in respect of the
issuance of a development
permit for a Permitted Use listed in a Land Use District,
unless the provisions of this Bylaw were relaxed, varied or misinterpreted.
An appeal shall be made by serving a written notice of appeal, stating the reasons
for the appeal, to the Secretary of the Subdivision
and Development
Appeal Board
within 21 days after the notice of the order, decision or permit issued by the
Development
or Subdivision
Authority was either:
(a)
first published in a newspaper
circulating in the area; or
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(b)
posted on the site of the property
which is the subject of the application;
or
(c)
received by the applicant,
whichever
of these is the latter.
For the purpose of subsection
3(c), the date of receipt of the decision is deemed
to
be five (5) days from the date the decision was mailed.
Each appeal made to the Subdivision
and Development
Appeal Board shall be
accompanied
by a processing
fee, the amount of which shall be set from time to
time by resolution
of Council.
17.
Public
Hearinq
(1)
Within
30
days
of
receipt
of a
notice
of appeal,
the
Board
shall
hold
a
public
hearing respecting
the appeal.
The Subdivision
and Development
Appeal Board shall give at least 5 days notice
in writing of the public hearing to:
(a)
the appellant
or any person acting on the appellants
behalf;
(b)
the Development
or Subdivision
Authority
as the case may be from whose
order, decision
or development
permit the appeal is made;
(c)
those
land
owners
adjacent to
the
affected
land
and
all
other
registered
owners of land in the municipality
who were notified in accordance
with the
Act
and
any
other person
who in
the
opinion
of
the
Subdivision
and
Development
Appeal Board, is affected by the order, decision or permit;
(d)
Palliser Regional
Municipal
Services;
(e)
such
other
persons
as
the
Subdivision
and
Development
Appeal
Board
specifies.
The Subdivision
and DevelopmentAppeal
Board
shall make available
for public
inspection
before the commencement
of the public hearing all relevant
documents
and materials
respecting
the appeal, as they become available,
subject to the Act,
including:
(4)
(a)
the application
for the development
permit, its refusal and the appeal there
from; or
(b)
the order oF the Development
Authority
under this Bylaw, as the case may
be.
At the public hearing referred to in subsection
(1 ), the Board shall hear:
(a)
the appellant
or any person acting on the appellants
behalf;
(b)
the
Development
or Subdivision
Authority
from
whose
order,
decision
or
development
permit the appeal is made, or if a person is designated
to act
on behalf of the Development
Officer, that person;
(c)
any other person who was served with notice of the hearing and who wishes
to be heard or a person acting on the persons;
and
(d)
any other person who claims to be affected by the order, decision or permit
and that the Subdivision
and Development
Appeal Board agrees to hear or
person acting on the persons behalf.
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18.
Decision
The
Subdivision
and
Development
Appeal
Board
shall
give
a
written
decision
together with
reasons
for the decision
within
15 days of the
conclusion
of the
hearing.
A decision made under this part of the Bylaw is final and binding on all parties and
all
persons
subject
onfy
to
an
appeal
upon
a
question
of jurisdiction
or
law
pursuant
to the Act. An application
for leave to appeal to the Court of Appeal shall
be made:
to a judge of the Court of Appeal; and
within
30
days
after the
issue
of the
order,
decision,
permit,
or approval
sought to be appealed.
* g.
Orders
of Compliance
PART V
Enforcement
& Administration
Where the Development
Officer finds a development
or use of land or buildings is
not in accordance
with:
the Act or the regulations
under that part of the Act; or
a Development
Permit or Subdivision
Approval;
or
this Land Use Bylaw; or
an order, decision,
or permit of the Subdivision
and Devefopment
Appeaj
Board
or Municipal
Government
Board;
the Development
Officer 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 all or any of them to:
(a)
stop the development
or use of the land or buildings in whole or in part as
directed by the notice; or
demolish,
remove or replace the development;
or
take such other measures
specified
in the notice so that the development
or
use of the land
or building
is
in
accordance
with the Act,
a
development
permit,
subdivision
approval
or this Bylaw,
as the case may be, within the
time period set out in the notice.
A person who receives an order referred to in subsection
(1 ) may appeal to the
Subdivision
and
Development
Appeal Board in accordance
with this Bylaw and
the Act.
20.
Enforcement
Where a person fails or refuses to comply
with an order directed to them under the
requirements
of
the Act
within
the
time
specified,
the
Council
or
a person
appointed
by it may,
in accordance
with the Act,
enter upon the land
or building
and take such action as is necessary
to carry out the order.
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Where the Council or a person appointed
by it carries out an order, the Council
shall cause the costs and expenses
incurred in carrying out the order to be placed
on the tax roll as an additional
tax against the property
concerned
and that amount
shall be collected
in the same manner as taxes on land.
A
person
who
contravenes
or fails
to
comply with
a
development
permit
or
a
condition
attached
thereto
is
guilty
of
an offense
and
is
liable
on summary
conviction
to a fine.
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21.
Application
to Amend
the Land Use Bylaw
A
person
may
apply
to
have
this
Bylaw
amended,
by
applying
in
writing
and
furnishing
reasons in support of the application.
Council may at any time initiate an amendment
to this Bylaw by its own motion by
directing the Development
Officer to initiate an application.
(3)
All applications
for amendments
of this
Bylaw shall
be made using the approved
form, accompanied
by:
the fee determined
by the Council;
a statement
of the applicant's
interest in the land;
any drawings,
plans or maps required
by the Development
Officer; and
any documents
as required by the Development
Officer.
If an application
for an amendment
to this Bylaw has been refused by Council, then
Council need not accept an application
for an amendment
for the same use on the
same parcel for a period of six (6) months from the date of reFusal.
22.
Sections
Found
Invalid
If one or more provisions
of this Land Use Bylaw are for any reason declared
to be
invalid, it is intended
that all remaining
provisions
are to remaining
provisions
are to
remain in full force and effect.
23.
Existing
Land Use Bylaw
Bylaw
No. 2009-762
and all
amendments
thereto are hereby repealed as of the
date of third reading of this Bylaw.
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PART Vl
Land Use Bylaw
No. 2018-804
24.
Districts
Land Use Districts
For the purpose of this Bylaw, the Village of Carbon is divided into the following
Districts:
R-1
R-2
R-3
SHR
C-B
M-1
P
UR
DC
FRO
Single Detached
Residential
District
General Residential
District
Multiple Unit Residential
District
Small Ho!dings Residential
District
Central Commercial
District
Light Industrial
District
Community
Service District
Urban Reserve
District
Direct Control District
Flood Risk Area Overlay
District
25.
District
Boundaries
The locations
and boundaries
of the land use districts are shown on the Land
Use
District
Map, which forms part of this Bylaw.
The
locations
of
boundaries
shown
on
the
Land
Use
District
Map
shall
be
governed
by the following
rules:
Rule 1.
Rule 2.
Rule 3.
Where
a
boundary
is
shown
as following
a
street,
lane,
stream
or
canal, it shall be deemed
to follow the centerline
thereof.
Where a boundary
is shown as approximately
following
a lot line,
it
shall be deemed
to follow the lot line.
In circumstances
not covered
by
Rules 1
and
2 the location of the
district boundary
shall be determined:
(a)
using any dimensions
given on the map; or
(b)
where no dimensions
are given, measurement
using the scale shown on the
map.
Where
the
exact
location
of
the boundary
of
a land
use
district
cannot
be
determined
using the rules in subsection
(2), the Council, on its own motion or on a
written request, shall fix the location:
(a)
in a manner
consistent
with the provisions
of this Bylaw; and
(b)
with the appropriate
degree of detail required.
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The location of a district boundary,
once fixed, shall not be altered except by an
amendment
of this Bylaw.
The Council
shall keep
a
list
of
its
decisions
fixing
the
locations
of
district
boundaries.
In addition to the provisions
for development
as contained
under each Land Use
District,
the
General
Land Use Reguiations
listed
in Part
Vll of this Land
Use
Bylaw shall apply to every development
as required by the Development
Authority.
26.
Direct
Control
Districts
Direct
Control
Districts
provide
for development
that,
due
to
its
unique
characteristics,
unusual
site
conditions,
or
innovative
design,
requires
specific
regulations
unavailable
in
other
land
use
districts.
Land
uses
within
a
Direct
Control District shall be determined
by Council.
Direct Control Districts may not be substituted
for any other land use district if the
same outcome
can occur in that land use district.
Where Council deems that there are sufficient
and appropriate
regulations
within
a Direct
Control
Bylaw, authority
to
approve
development
within
the
Direct
Control District may be delegated
to the Development
Authority
by resolution
of
Council.
Appeals
within a Direct Control District shall be in accordance
with the Act.
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27.
R-1 - Single-Detached
Residential
District
Purpose
The purpose
of this district is to provide for low-density
residential
development
in the
form of single-detached
housing.
Permitted
Uses
Accessory
Building or Structure
Alternative
Energy - Solar Energy Conversion
System
Dwelling
- Single-Detached
Parks and Playgrounds
(3)
Discretionary
Llses
Accessory
Building - Fabric Covered
Bed and Breakfast
Establishment
Day Home
Dwelling
- Modu!ar Home
Dwelling
- Moved On
Dwelling
- Ready-to-Move
Group Home
Home Occupation
Public Buildings
and Installations
Public Utility
Secondary
Suite
Sign
Storage Structure
Worship
Facility
(4)
Minimum
Requirements
(a)
Site Area:
(i)
464.5 m2 (5,000 sq. ft.) for dwellings,
(ii)
Other
uses
at
the
discretion
of
the
Municipal
Planning
Commission.
(b)
Lot Width:
(i)
'l 5.24 m (50 ft.) for dwellings,
(ii)
Other
uses
at
the
discretion
of
the
Municipal
Planning
Commission.
(C)
Front Yard:
(i)
5.0 m (16.4 ft.) for dwellings;
(ii)
Other
uses
at
the
discretion
of
the
Municipal
Planning
Commission.
(d)
Side Yard:
(i)
1.5 m (5 ft.) for all dwellings;
(ii)
4.5 m (15 ft.) for a single-detached
dwelling on a reversed
corner
lot;
(iii)
Accessory
buildings
shall be sited in accordance
with the General
Land Use Regulations
of this Bylaw; and
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(iv)
Other
uses
at
the
discretion
of
the
Municipal
Planning
Commission.
Rear Yard:
(i)
7.6 m (25 ft.) for principal buildings;
(ii)
Accessory
buildings
shall be sited in accordance
with the General
Land Use Regulations
of this bylaw.
Gross Floor Area:
(i)
84 m2 (904 sq. ft.) for all dwellings;
(ii)
Other
uses
at
the
discretion
of
the
Municipal
Planning
Commission.
(5)
Maximum
Limits
Height:
(i)
10.67
m
(35 ft.) for principal
buildings
and
shall
not exceed
2.5
storeys above grade level;
(ii)
5 m (16.4 ft.) for accessory
buildings.
Site Coverage:
(i)
40% for all dwellings;
(ii)
55% for dwellings
with an attached garage;
(iii)
I 5% for accessory
buildings;
(iv)
Total
site
coverage
including
accessory
buildings
shall
not exceed 55%;
(v)
Other
uses
at
the
discretion
of
the
Development
Authority.
(6)
Off-Street
Parking
Off-Street
Parking shall be provided
in accordance
with Section 66.
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28.
R-2 - General
Residential
District
Purpose
The purpose
and intent of this district is to provide for a residential
neighborhood
in which
a variety of housing types may be accommodated
at lower densities
than the R-3 District.
(2)
Permitted
USeS
Accessory
Building or Structure
Alternative
Energy - Solar Energy Conversion
System
Dwelling
- Duplex
Dwelling
- Ready-to-Move
Dwelling
- Semi-Detached
Dwelling - Single-Detached
Group Home
Parks and Playground
(3)
Discretionary
Uses
Accessory
Building
- Fabric Covered
Communication
Tower
Bed and Breakfast
Establishment
Day Care
Day Home
Dwelling
- Manufactured
Home
Dwelling
- Moved On
Dwelling
- Apartment
Dwelling
- Multiple
Unit (Attached
Housing)
Home Occupation
Manufactured
Home Park
Public Buildings
and Installations
Public Utility
Secondary
Suite
Seniors Lodge
Sign
Storage Structure
Worship
Facility
Minimum
Requirements
(a)
Site Area:
(i)
371.6 m2 (4,000 sq. ft.) for all single-unit
dwellings;
(ii)
610 m2 (6,566.2
sq. ft.) for a duplex;
(iii)
228.0 m2 (2,454 sq. ft.) for each unit in a semi-detached
dwel1ing;
(iv)
183.0
m2
(1,970
sq.
ft.) for
interior
units
and
228.0 m2
(2,454 sq. ft.) for end units for attached
housing;
650 m2 (7,000 sq. ft.) for apartment
buildings;
Other uses at the discretion
of the Development
Authority.
(b)
Lot Width:
12.2 m (40 ft.) for a single-family
dwelling;
4 5.2 m (50 ft.) for a duplex;
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7.6 m (25 ft.) for each unit in a semi-detached
dwelling;
6.1
m
(20 ft.) for interior units and
7.6
m
(25 ft.) for end
units for attached housing;
18.3 m (60 ft.) for apartment
buildings;
Other uses at the discretion
of the Development
Authority.
(C)
Front Yard:
(i)
5 m (16.4 ft.) for all dwellings;
(ii)
Other uses at the discretion
of the Development
Authority.
(d)
Side Yard:
(i)
1.5 m (5 ft.) for dwellings;
(ii)
2.1 m (7 ft.) for dwellings
having the principal entrance
provided from a side yard;
(iii)
4.5m(15ft.)fordwellingsonareversedcornerlot;
(iv)
Accessory
buildings
shall be sited in accordance
with
Section 40 of the General Land Use Regulations
of this
bylaw;
(v)
Other uses at the discretion
of the Development
Authority.
(e)
Rear Yard:
(i)
7.6 m (25 ft.) for principal buildings;
and
(ii)
Accessory
buildings
shall be sited in accordance
with
Section 40 of the General Land Use Regulations
of this
bylaw.
(f)
Gross Floor Area:
(i)
85 m2 (914.6 sq.ft.) for single-unit
dwellings;
(ii)
75 m2 (807 sq.ft.) for semi-detached
dwellings
(iii)
56 m2 (600 sq.ft.) for each dwelling
unit in a duplex and
attached
housing units;
(iv)
37 m2 (398.3 sq.ft.) for apartments;
(v)
78.1 m2 (840 sq. ft.) for manufactured
homes;
(vi)
Other uses at the discretion
of the Development
Authority.
Maximum
Limits
(a)
Height:
(i)
10.5 m (35 ft.) for principal buildings
and shall not exceed
2.5 storeys above grade level;
(ii)
5 m (16.4 ft.) for accessory
buildings;
(iii)
Other uses at the discretion
of the Development
Authority.
(b)
Site Coverage:
(i)
40o/o for all dwellings;
(ii)
55% for dwellings
with an attached
garage;
(iii)
1 5'/o for accessory
buildings;
(iv)
Total site coverage
including
accessory
buildings
shall not
exceed 55%;
(v)
Other uses at the discretion
of the Development
Authority.
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Off-Street
Parking
Off-Street
Parking shall be provided in accordance
with Section 67.
Landscaping
& Screeninq
A minimum
of 10% of the site area for apartment
buildings
and attached
housing shall be landscaped
or developed
in order that it can be utilized
as an amenity
area.
Garbage
and waste material must be stored in weather
and animal proof
containers
and
screened
from
adjacent
sites and
public thoroughfares,
including
lanes to the satisfaction
of the Development
Authority.
Attached
housing
and
apartment
complexes
shall
store
garbage
and
waste material in a single, weather
and animal proof collective
container,
designed
and located on the site to the satisfaction
of the Development
Authority.
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29.
R-3 - Multiple
Unit Residential
District
(1)
Purpose
The purpose and intent of this district is to provide for residential
neighborhoods
where a
variety of medium density housing types may be permitted.
(2)
Permitted
Uses
Accessory
Building or Structure
Alternative
Energy - Solar Energy Conversion
System
Day Home
Dwelling - Duplex
Group Home
Parking Lot
Parks and Playgrounds
(3)
Discretionary
Uses
Communication
Tower
Day Care
Day Home
Dwelling - Apartment
Dwelling - Multiple Unit (Attached
Housing)
Home Occupation
Public Buildings
and Installations
Public Utility
Seniors Lodge
Sign
Storage Structure
Worship Facility
(4)
Minimum
Requirements
(a)
Site Area:
(i)
456 m2 (4,909 sq. ft.) for a duplex;
(ii)
228.0
m2
(2,454
sq.
ft
)
for
each
unit
in
a
semi-
detached
dwelling;
(iii)
183.0
m2 (1,970 sq. ft ) for interior units and 228.0
m2(2,454
sq. ft ) for end units for attached
housing;
(iv)
650 m2 (7,000 sq. ft ) for apartment
buildings;
(v)
Other uses at
the discretion
of
the Development
Authority.
(b)
Lot Width:
(i)
15.2 m (50 ft.) for a duplex;
(ii)
7.6 m
(25
ft.)
for
each unit
in a semi-detached
dwelling;
(iii)
6.1
m
(20 ft.) for interior units and 7.6
m
(25 ft.) for
end units for attached
housing;
(iv)
18.3 m (60 ft.) for apartment
buildings;
(v)
Other
uses at
the discretion
of
the Development
Authority.
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Front Yard:
(i)
5.0m(16.4ft.)foralldwellings;
(ii)
Other uses at the discretion
of the Development
Authority.
Side Yard:
(i)
1.5
m
(5
ft)
for
duplexes
and
semi-detached
dwellings;
(ii)
2.1 m
(7
ft.)
for
duplexes
and
semi-detached
dwellings
having a principal entrance
provided from a
side yard;
(ii)
3
m (10
ft.)
for
attached
housing
and
apartment
buildings;
4.5 m (15 ft.) for dwellings
for a reversed
corner lot;
Accessory
buildings
shall be sited in accordance
with
Section 40 of the General
Land
Use Regulations
of
this bylaw;
Other
uses
at
the
discretion
of
the Development
Authority
(vi)
Rear Yard:
(i)
6.1 m (20 ft.) for principal buildings;
and
(ii)
Accessory
buildings
shall be sited in accordance
with
Section 40 of the General
Land
Use Regulations
of
this bylaw.
Gross Floor Area:
(i)
75 m2
(807
sq. ft.)
for semi-detached,
attached
housing and apartment
dwelling
units;
56 m2 (600 sq. ft.) for each dwelling
unit in a duplex;
Other
uses at
the
discretion
of
the Development
Authority.
(5)
Maximum
Limits
Height:
(i)
(iv)
10.6 m
(35 ft.) for semi-detached,
attached
housing
and duplex dwelling
units
13.7 m (45 ft.) for apartments;
5 m
(16.4 ft.) for accessory
buildings.
for accessory
buildings;
Other uses at the discretion
of the Municipal
Planning
Commission.
Site Coverage
(i)
40%
for
semi-detached
dwellings,
duplexes,
apartments
and attached
housing;
(ii)
1 5% for accessory
buildings;
(iii)
Total site coverage
including
accessory
buildings
and
structures
shall not exceed 55%;
(iv)
Other
uses at
the discretion
of
the Development
Authority.
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(6)
Off-Street
Parking
Off-Street
Parking shall be provided in accordance
with Section 67.
Landscaping
& Screening
A minimum
of 10% of the site area for apartment
buildings
and attached
housing shall be landscaped
or developed
so that it can be utilized as an
amenity
area.
Garbage
and waste material must be stored in weather
and animal proof
containers
and
screened
from adjacent
sites
and
public thoroughfares,
including
lanes to the satisfaction
of the Development
Authority.
Attached
housing
and
apartment
complexes
shall
store
garbage
and
waste material in a single, weather
and animal proof collective
container,
designed
and located on the site to the satisfaction
of the Development
Authority.
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30.
SHR - Small Holdinqs
Residential
District
(1)
Purpose
The
purpose
and
intent
of
this
district
is
to
provide
areas
for
larger
lot
residentiai
development
free from incompatible
uses and where servicing
for future development
is
not
feasible
in accordance
with
the
Municipal
Development
Plan
and
infrastructure
servicing
studies.
(2)
Permitted
Uses
Accessory
Building or Structure
Alternative
Energy - Solar Energy Conversion
System
Day Home
Dwelling - Ready-to-Move
Dwelling - Single-Detached
Parks and Playgrounds
(3)
Discretionary
Uses
Bed & Breakfast
Establishment
Commercial
Tourist
Development
Communication
Tower
Dwelling
- Manufactured
Home
Dwelling
- Modular
Home
Dwelling
- Moved On
Greenhouse
Home Occupation
Kennel
Livestock
Public Buildings
and Installations
Public Utility
Self Storage
Facility
Sign
Storage Structure
(4)
Minimum
Requirements
(a)
Site Area:
(iii)
(iv)
0.3 ha (0.7 acres) for all uses;
Lots serviced
by a
private water and / or sewer system
at the
discretion
of the
Development
Authority
to
ensure
compliance
with the Alberta Safety Codes and the Private Sewage Disposal
System Standard
of Practice;
With
the
approval
of the
Development
Authority,
the
site
area
may be less in the case of lots legally created prior to adoption
of
this
Bylaw
and
shall
meet
the
requirements
or
applicable
Provincial
regulations;
Other uses at the discretion
of the Development
Authority.
(b)
Lot Width:
30 m (98.4 ft.);
Lots
served
by a
private
water and
/ or
sewer system
at
the
discretion
of the
Development
Authority
to
ensure
compliance
with the Alberta Safety Codes and the Private Sewage Disposal
System Standard
of Practice;
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(iii)
Other uses at the discretion
of the Development
Authority.
Front Yard:
(i)
(ii)
(iii)
8 m (26.2 ft.) from an internal subdivision
road;
50 m (164 ft.) from a graveled
road allowance;
Other uses at the discretion
of the Development
Authority.
Side Yard:
(i)
3 m (9.8 ft.) except on a corner parcel where the minimum
side
yard abutting a public roadway
shall not be less than 6 m (19.7
ft.);
(ii)
Other uses at the discretion
of the Development
Authority.
Rear Yard:
(i)
7.5 m (24.6 ft.) for dwellings;
(ii)
Other uses at the discretion
of the Development
Authority.
Gross Floor Area:
(i)
(ii)
(iii)
85 m2 (914.6 sq. ft.) for single-detached
dwellings;
78 m2 (840 sq. ft.) for manufactured
homes;
Other uses at the discretion
of the Development
Authority.
(5)
Maximum
Limits
(a)
Height
(i)
10.67
m
(35 ft.) for principal
buildings
and
shall
not exceed
2.5
storeys above grade level;
(ii)
5 m (16.4 ft.) for accessory
buildings
(iii)
All other uses at the discretion
of the Devefopment
Authority.
Site Coverage
(i)
10o/oofthesiteareafordwellings;
(ii)
5% of the site area for accessory
buildings;
(iii)
Other uses at the discretion
of the Development
Authority.
Site Area:
(i)
1.21
ha (3.0 acres) unless
a larger parcel
is necessary
to
accommodate
site
development
constraints
such
as
private
sewage
disposal
system
requirements
or topography
at
the
discretion
of the Development
Authority.
(6)
Off-Street
Parking
Off-Street
Parking shall be provided
in accordance
with Section 67.
(7)
Objects
Prohibited
or Restricted
in Yards
(a)
No person shall allow a motor vehicle used for stock car races, a motor
vehicle which has all or part of its
superstructure
removed,
or a motor
vehicle which is in a dilapidated
or unsightly
condition
to remain or be
parked
on
a parcel
unless
it
is
suitably
housed
or
screened
to
the
satisfaction
of the Development
Officer.
A maximum
of two holiday trailers may be stored or parked on a parcel.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(C)
(d)
Industrial
and
Commercial
equipment
including
vehicles
shall
not
be
stored on a parcel within this land use district unless otherwise
permitted
in this Bylaw;
No animals
other than
household
pets
shall
be kept unless
otherwise
permitted
in this bylaw.
Roadway
Standards
(a)
All
"SHR"
Small
Holding
Residential
lots
shall
be
served
by
either
a
paved
or
graveled
all-weather
road, engineered
and
designed
to a
standard
required by the Village of Carbon.
Utilities
(a)
All
"SHR"
Small
Holding
Residential
lots
shall
be connected
to
the
municipal
water
and
sewer
services
of
the
Village
of
Carbon
unless
otherwise
approved
by the Municipal
Planning
Commission.
CARBON
- Village
in the Valley
Land
Use Bylaw
No. 2018-804
31.
C-B - Central
Commercial
District
(1)
Purpose
The purpose and intent of this district is to provide for centralized
commercial
and retail
development
serving the Village and the surrounding
rural areas.
(2)
Permitted
Uses
Accessory
Building or
Alternative
Energy - Solar Energy Conversion
System
Artist's Studio
Clinic
Convenience
Store
Financial Institution
Personal Service
Office
Post Office
Sign
Restaurant
Retail Store
(3)
Discretionary
Uses
Amusement
Centre
Cannabis
Retail Sales
Car Wash
Coin Laundries
and Cleaners
Commercial
Tourist
Development
Community
Centre
Communication
Tower
Contractor
Operation
Day Care
Day Home
Drinking Establishment
Dwelling
- Single Detached
Funeral Home
Gas Station
Greenhouse
Health Care Facility
Hotel/Motel
Liquor Store
Parking Lot
Parks and Playgrounds
Private Club or Organization
Public Buildings
and Installations
Shopping
Centre
Storage Structure
Theatre
Public Utility
Veterinary
Clinic
Worship Facility
(4)
Minimum
Requirements
(a)
Site Area:
(i)
As required
by the Development
Authority.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(b)
Lot Width:
(i)
As required by the Development
Authority.
(c)
Front Yard:
(i)
Based on the front yard provided by neigbouring
buildings and is to
be determined
for each application
by the Development
Authority.
(d)
Side Yard:
3 m (9.8 ft.) adjacent
to residential
land use districts;
No side yard
is required where a fire-wall
is provided
but if a side
yard is provided,
it must be 1.2 m (4.O ft.).
(e)
Rear Yard:
(i)
6.1 m (20 ft.) or as required by the Development
Authority.
Maximum
Limits
(a)
Site Coverage:
(i)
80'!"o
(b)
Height:
(i)
13.72
m
(45
ft.)
unless
otherwise
approved
by the
Development
Authority.
Off-Street
Parking
and Loading
Off-Street
Parking and Loading shall be provided in accordance
with Section
66
and 67 of this bylaw.
(a)
Notwithstanding
Section
66 of
this
bylaw,
the
Municipal
Planning
Commission
may reduce or waive the
parking
space requirements
for
proposed
development
or redevelopment
of a commercial
site within the
Central Commercial
District:
(b)
(i)
where the configuration
of the buildings
to be developed
and
those adjacent
buildings
is such that the provision
of required
parking is not practical;
or
(ii)
where
the
dimensions
or
site
area
are
inadequate
to
reasonably
accommodate
the proposed
development
and
required
parking.
Off-site parking levies or alternative
requirements
may be applied at the
discretion
of the Development
Authority.
Landscaping
and Screening
(a)
The boulevard
where existing and a minimum
of 10% of the site area
must
be
landscaped
in
accordance
with
the plan approved
by
the
Municipal
Planning
Commission.
(b)
Any trees or shrubs which
die,
that were planted
under the approved
plan, must be replaced
the next planting season.
(c)
Sites abutting a residential
district shall be screened
from view to the
satisfaction
of the Development
Authority.
CARBON
- Village
in the Valley
Land
Use Bylaw
No. 2018-804
Outside
storage
areas
of
material
and
equipment
shall
be
screened
from adjacent
sites and public thoroughfares.
Garbage
and
waste
material
must
be
stored
in
weather and
animal
proof
containers
and
screened
from
adjacent
sites
and
public
thoroughfares
including
lanes.
Exterior mechanical
equipment
(including
heating and air conditioning
units)
shall
be
screened
from
view
to
the
satisfaction
of
the
Development
Authority.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
32.
M-1 - Light Industrial
District
(1)
Purpose
The purpose and intent of this district is to provide for a range of manufacturing,
warehousing
and
other industrial
land
uses, which
may also
include secondary
office and administrative
areas to support the principle
use.
Larger sites may be
required to accommodate
transportation
and machinery.
(2)
Permitted
Uses
Accessory
Building or Structure
Alternative
Energy - Solar Energy Conversion
System
Contractor
Operation
Signs
(3)
Discretionary
Uses
Accessory
building - Fabric covered
Alternative
Energy - Wind Energy Conversion
System
Auto Body and Paint Shop
Automotive,
Truck and Recreational
Vehicle Repair and Service
Automotive,
Truck and Recreational
Vehicle Sales
Building Materials
Sales and Storage
Bulk Fertilizer
Distribution
and Storage
Bulk Fuel Sales Depot
Bus Terminal
Cannabis
Retail Sales
Car Wash
Communication
Tower
Convenience
Store
Drinking Establishment
Equipment
and Machinery
Sales and Rentals
Fabric Covered Building
Gas Station
Greenhouse
Liquor Store
Manufacturing.
Private Club or Organization
Public Buildings
and Installations
Public Utility
Recycling
Facility
Restaurant
Self Storage Facility
Storage
Structure
Storage
Yard
Truck and Freight Terminals
Veterinary
Clinic
Warehousing,
Waste Transfer
Site
(4)
Minimum
Requirements
(a)
Area of Site:
i)
464
m2
(4,994.6
sq. ft.)
or as
required
by the
Development
Authority.
CARBON
- Village
in the Valley
Land
Use Bylaw
No. 2018-804
(b)
Width of Site:
(i)
All sites 15 m (49.2 ft.).
(c)
Front Yard:
6.1
m (20 ft.)
As required by Alberta Transportation
adjacent
to a highway
without
a service road.
(d)
Side Yard:
(i)
(ii)
(iii)
1.5 m (5 ft.) in all cases except where a firewall is provided;
in which
case, no side yard is required;
In
a
ianeless
subdivision,
one
unobstructed
side
yard
shall
be
a
minimum
of
6
m (19.7
ft.)
in
width
excluding
corner
sites
with
alternate
rear
access.
This
does
not
include
accessory
buildings
when
they
are
located
to
the
rear
of
the
principal
building
and
separated
from such buildings
by a distance of at least 6 m
(19.7
ft.);
6 m (19.7 ft.) adjacent
to a residential
land use district.
(e)
Rear Yard:
(i)
6 m (19.7 ft.) or as required by the Development
Authority.
(5)
Maximum
Limits
(a)
Height:
13.72 m (45 ft.) unless otherwise
approved
by the Development
Authority.
(6)
Landscaping
and Screening
(a)
The
boulevard,
where
existing,
and
a
minimum
of
5'/o of the
site
area
should be landscaped
in accordance
with
the
plan approved
by
the
Municipal
Planning
Commission;
(b)
Any trees or shrubs which die, that were planted under the approved
plan,
must be replaced
the next planting season;
(c)
Light Industrial
land uses abutting a residential
district shall
be screened
from view from the residential
land uses. Uses that have potential for land
use conflicts
in terms of noise, dust, odor or traffic should not be approved
in or adjacent
to an established
residential
area with consideration
of the
future land uses for the area;
(d)
Outside storage
areas of material and equipment
should be screened
from
adjacent
sites and public thoroughfares;
and
(e)
Garbage
and waste material must be stored in weather
and animal proof
containers
and
screened
from
adjacent
sites
and
public
thoroughfares
excluding
lanes.
(7)
Off-Street
Parking
and Loading
Off-Street
Parking shall be provided in accordance
with Section
66 and 67 of
this bylaw.
(8)
Special
Requirements
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(a)
The
operation
of all
uses
shall
carry
out
their operations
such
that
no
nuisance
factors
are
created
or transmitted
beyond
the
walls of
the
building housing the industrial land use. In general, nuisance
factors shall
include objectionable
or dangerous
conditions
caused
by noise,
smoke,
vibration,
dust,
odor, toxic
or
noxious
matter, radiation,
flammable
or
explosive
materials,
heat, humidity
or glare.
(b)
All
uses
must
comply
with
the
environmental
and
public
heaith
performance
standards
of the
Provincial
Government.
The
Development
Authority
may
circulate
any
application
to
the
appropriate
Provincial
or
federal
department
for
clarification
of
a perceived
conflict
with
these
standards
prior to a Development
Permit decision;
(c)
The
Municipal
Planning
Commission
may
prescribe
screening
and
landscaping
for uses which involve storage of goods, machinery,
vehicles,
building materials,
waste materials,
and other items;
(d)
Self-storage
facilities
and warehousing
that does not require sanitary
and
water services
should be located appropriately
in areas where servicing
is
unavailable
or difficult to provide;
(e)
All
industrial
development
shall
be evaluated
in accordance
with Section
57.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
33.
P - Community
Service
District
(1)
Purpose
The purpose and
intent of this district is to provide recreational,
educational
and
community
uses
that
serve
the
community.
Residential
uses
will
be
limited
to
facilities that provide housing options for senior citizens.
(2)
Permitted
Uses
Alternative
Energy - Solar Energy Conversion
System
Parks and Playgrounds
School
(3)
Discretionary
Uses
Accessory
Building - Fabric Covered
Accessory
Building or Structure
Alternative
Energy - Wind Energy Conversion
System
Campground
Cemetery
Commercial
Tourist Development
Communication
Tower
Community
Centre
Community
Recreation
Facility
Day Care
Dwelling - Single-Detached
Golf Course
Greenhouse
Health Care Facility
Signs
Public Buildings
and Installations
Public Utility
Recycling
Facility
Recreation
Facility
School
Seniors Lodge
Storage Structure
(4)
Development
Requirements
The Development
Authority
shall evaluate
each development
permit for this district
on its
merit and establish
suitable development
requirements
for each individual
application.
(5)
Off-Street
Parking
and Loading
Off-Street
Parking shall be provided
in accordance
with Section 66 and 67.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
34.
UR - Urban Reserve
District
(1)
Purpose
The purpose and intent of this district is to reserve lands outside of the developed
area
of the
Village
which
are
intended
for
future
development
with
full
urban
standards.
(2)
Permitted
Uses
Extensive
agriculture
Parks and Playgrounds
Signs
(3)
Discretionary
Uses
Accessory
Building
or Structure
Alternative
Energy - Solar Energy Conversion
System
Alternative
Energy
- Wind Energy Conversion
System
Dwelling - Single-detached
- existing at the time of adoption
of this Bylaw
Campground
Commercial
Tourist Development
Communication
Tower
Community
Recreation
Facility
Fabric Covered
Building
Golf Course
Greenhouse
Kennel
Livestock
Public Buildings
and Installations
Public Utility
Recycling
Facility
Storage Structure
Storage Yard
Waste Transfer
Site
(4)
Regulations
(a)
The design,
siting, site coverage,
yards, height of buildings, external finish
and
landscaping
generally
of all
buildings
and
structures
shall
be
to
the
satisfaction
of the
Development
Officer /
Municipal
Planning
Commission
who in determining
a development
permit application
shall take into account:
(i)
the general purpose
of the district; and
(ii)
the existing
uses and prospective
uses of land in the vicinity.
(b)
The
Development
Authority
may
require
an area structure
plan before
recommending
approval
of a subdivision
to ensure the proposed
subdivision
does
not
negatively
affect
the
future
subdivision
and
development
framework
for the surrounding
area.
(c)
The
Development
Authority
shall
be
satisfied
prior
to
the
granting
of
a
development
permit
that
the
proposed
use
will
not
prejudice
the
orderly
development
of the
area
including
the future establishment
of residential,
commercial,
industrial,
recreational,
and service facilities
on a neighborhood
and community
basis.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(d)
Where
a
proposed
use
or
development
is
listed
as
a
permitted
or
discretionary
use
in
the
Land
Use
Districts
in
this Bylaw,
the
standard
governing
yards,
setbacks,
height,
etc.,
applied to that use in that district
shall be applied to the proposed
use in this district.
(5)
Animal
Unit Limits
Section 61
shall be adhered to with regards to the type and number of animal
units permitted
within the 'UR' - Urban Reserve Land Use District:
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
35.
FRO - Flood Risk Area Overlay
(1 )
Purpose
The purpose
and intent of this overlay is to provide for the safe and efficient
use of
lands within the defined flood risk area including
the floodway
and flood fringe of
Kneehill Creek.
(2)
Application
The Flood Risk Area Overlay regulations
apply to development
or redevelopment
of all
lands within the floodway
or flood fringe of Kneehill Creek as depicted
by
Alberta
Environment
and
approved
by Council
and shown
in Part
Vlll for
illustrative
purposes.
Generally,
all
other standards
shall follow the
underlying
land use districting.
(3)
Permitted
and Discretionary
Uses
(a) Floodway
Uses
Development
activities
in
the
flood
way
area shall
be
carefully
controlled.
Permitted
uses in the floodway
shall
include low intensive
uses such as open
space, municipal
and
environmental
reserve,
parks and recreation,
bridge
support
structures,
temporary
uses and related
roadways
and agricultural
activities.
(b) Flood Fringe
Uses
(i)
The permitted and discretionary
uses of the underlying
land use district
shall apply. The regulations
of the Flood Risk Area Overlay
shall apply in
addition to any existing regulations
in the land use district. If the overlay
regulations
appear to be in conflict with the regulations
of such district,
the
provisions
of the
overlay shall
take
precedence
and
be
applied
in
addition to the regulations
of the underlying
district.
(ii)
(iii)
Permanent
development
shall not be permitted
in the flood fringe unless
the
area
is flood
proofed
by
adding
clean
fill
to
a
level
equivalent
or
higher than the 1 :100 year flood elevation
level plus O.3 m.
Notwithstanding
(ii) above, low risk activities
such as temporary
storage
or open space uses, may be permitted
in the flood fringe at the discretion
of the Development
Authority.
(4)
Development
Requirements
The Development
Authority
shall evaluate
each development
permit which will fall
under
the
boundaries
of
the
Flood
Risk
Area
Overlay
area
on
its merit
and
establish
suitable
development
requirements
for each individual
application.
(5)
Regulations
(a)
Subdivision
and development
of permanent
structures
shall not be permitted
within the flood way;
(b)
The Development
Authority
shall permit minor renovations
and repairs to an
existing
building,
whether
structural
or not,
in the
flood
fringe without
requiring
flood proofing of a building;
CARE30N
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(c)
The Development
Authority
may allow additions
to an existing building in the
flood fringe without
requiring
the flood proofing
of the existing building;
(d)
Except as provided in (b) and (c) above, the Development
Authority
shall not
issue a development
permit within the flood fringe area unless it is satisfied
that adequate
flood proofing
techniques
are employed;
(e)
Any development
permit issued for development
within the flood risk area
shall have as a condition
of approval a save harmless
agreement
registered
as a caveat or restrictive
covenant
against the title with the purpose to hold
the municipality
harmless
from
any damage
to or loss of the development
caused by flooding;
(f)
Betore a
development
permit is
issued for construction
of any permanent
development
within the flood fringe, the Development
Authority
may require
that the applicant
submit a report from
a professional
Engineer indicating
that the following
factors have been incorporated
in the development:
(i)
(ii)
(V)
Canadian
Mortgage
and
Housing
Corporation
guidelines
for
building in flood susceptible
areas;
The floodproofing
of habitable
rooms,
electrical
panels and
heating units, and openable
windows;
Basement
drainage
and site drainage;
Information
on grade elevation
in relation to the 4 :100 year flood
elevation;
and
All
information
submitted
shall
be
verified
to
be
acceptable
to
Alberta
Environment
in
accordance
with
current
Provincial
regulations
and standards.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
PART Vll
General
Land Use Regulations
36.
Subdivision
of Land
(1)
A development
requiring
subdivision
of land
shall
not be
issued
a
development
permit
until
such
time
as subdivision
approval
has been received
from the
Subdivision
Authority
or
upon
appeal,
the
Municipal
Government
Board
or
the
Subdivision
and Development
Appeal Board.
37.
Dwelling
Units on a Parcel
(1)
No
person
shall
construct
or
locate
or
cause
to
construct
more
than one
(1)
dwelling unit on a parcel or lot, unless:
(i)
the second or additional
dwelling(s)
is contained
in a building designed
for
or divided into two or more dwelling
units;
(ii)
the Development
Authority
may issue a permit for a second dwelling on a
parcel if the proposal
would not:
unduly interfere
with the amenities
of the neigbourhood;
materially
interfere
with
or affect
the
use,
enjoyment
or value
of
neighbouring
properties;
and
the proposed
development
complies
with the standards
and provisions
of
the Alberta Uniform Building Code.
38.
Non-Conforming
Buildings
and Uses
(1)
A
non-conforming
use
of
land
or
a
non-conforming
use
of a
building
may
be
continued
but if that use is discontinued
for a period of six consecutive
months or
more, any future use of the land or building shall conform with the provisions
of the
Land Use Bylaw then in effect.
(2)
A
non-conforming
use
of
part
of
a
building
may
be
extended
throughout
the
building but the building, whether
or not it is a non-conforming
building, shall not be
enlarged or added to and no structural
alterations
shall be made thereto or therein.
(3)
A non-conforming
use of part of a lot shall not be extended
or transferred
in whole
or in part of any other part of the lot and no additional
buildings shall be erected
upon the lot while the non-conforming
use continues.
(4)
A non-conforming
building may continue
to be used but the building shall not be
enlarged,
added to, rebuilt or structurally
altered except:
(a)
as may be necessary
to make it a conforming
building, or
(b)
as
the
Development
Officer
considers
necessary
for
the
routine
maintenance
of the building;
(c)
if,
at
the
discretion
of the
Development
Authority,
the
alterations
do
not
increase
the extent of non-compliance
and are within all other requirements
of this Bylaw, the development
may be permitted.
(5)
If a non-conforming
building is damaged
or destroyed
to the extent of more than 75
percent of the value of the building above its foundation,
the building shall not be
repaired or rebuilt except in accordance
with this Land Use Bylaw.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(6)
The use of land or the use of a building is not affected by reason only of a change
of ownership,
tenancy
or occupancy
of the land or building.
39.
Fencing
and Hedges
(1 )
In a residential
district,
a fence or hedge located within a rear or side yard of a
lot, shall not exceed 1.83 m (6 feet) in height.
(2)
In a residential
district,
a fence or hedge located within the required front
yard
of
a corner
site, shall
not
exceed
1.0
m
(3.28
feet)
in height
above
the
established
grade of the curb unless fencing is opaque (i.e. Chain-link
fencing)
where the maximum
height shall be 1.2 m (4 ft.);
(3)
In a residential
district,
a fence or hedge located within the required front
yard
of a lot, not on a corner
site, shall not exceed 1.2 m (4 feet) in height above the
established
grade of the curb;
(4)
In all districts, hedges and trees shall be planted and trimmed
to ensure public
safety and/or good visibility
for traffic and pedestrian
purposes;
(4)
Swimming
pools
shall be fenced with a minimum
height of 1.8 m (6 feet), and a
maximum
height
of
2.5 m (8
ft.)
or
as required
by
Provincial
or
Federal
regulations
to the satisfaction
of the Development
Authority;
and
(5)
Materials
used to construct
fences may be wood, brick, stone, concrete,
or metal
and
shall
be
aesthetically
acceptable
and
in
general
conformity
with
adjacent
properties.
40.
Accessory
Buildinqs
& Uses
(1 )
A structure
which is physically
attached
to the principal building by a roof, a floor or
a foundation
is not an accessory
building or structure, it is to be considered
part of
the principal
building
and
shall
meet the applicable
setback
requirements
and
standards
for the principal building as outlined in the relevant
land use district.
(2)
An
accessory
building
shall
not
be
used
as
a
dwelling
unless
approvedi as
a
secondary
suite in accordance
with the provisions
of this Bylaw;
(3)
An
accessory
building
shall
be
located
at
least 2
m
(6.5ft.) from
any principal
building.
(4)
The total combined
floor area of all accessory
buildings
shall not exceed 15% of
the site area excepting
the 'SHR' - Small Holdings Residential
Land Use District.
(5)
On cornerlots,
the distance
between
an accessory
building
and the street
flanking
the lot shall not be less than the side yard
requirement
for the principal
building
if there is no vehicular
access to the accessory
building from the said
flanking
street.
(6)
On corner
lots, the distance
between
an accessory
building
and the street
flanking the lot shall not be less than 3 m (9.85 ft.) when vehicular
access to the
accessory
building is from the flanking
street.
(7)
No
accessory
building or use shall
be
located
in
the front
yard
of a
residential
district.
(8)
Accessory
buildings
exceeding
a
floor
area
of 13.4 m2
(144
sq.
ft.)
shall
be
constructed
upon a permanent
concrete
foundation.
(9)
Accessory
Building
- Fabric
Covered
shall conform to the setback
requirements
for accessory
buildings
in the appropriate
land use district. For all fabric covered
buildings,
the Development
Authority
shall also take into account
the building
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
appearance,
orientation,
and design, and may add any conditions
necessary
to
ensure such building is suitable
to the character
of the existing development
in the
district, as well as its effect on adjacent
districts.
A higher level of landscaping
and
buffering
may also be required to ensure that the building is appropriately
screened
to the satisfaction
of the Development
Authority.
(10)
Siting of Accessory
Buifdings
shall be in accordance
with Exhibit 1.
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CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
41.
Objects
Prohibited
or Restricted
in Yards
No person shall keep or permit in any part of a yard in any residential
district:
(1)
Anydilapitatedvehicleformorethan14days;
(2)
No
more
than
one
unregistered/
uninsured
vehicle
or
a
vehicle
used
for
car
racing shall be kept on a residential
parcel and it shall not be located within the
front yard;
(3)
A vehicle of more than 4536 kg (10,000 Ibs.) GWV and/ or a length of 6.5 m (21
ft.) to be parked or stored in a residential
district, excepting
recreational
vehicles;
(4)
Any object or
chattel
including
waste
and
refuse
which,
in
the
opinion
of the
Development
Officer, is unsightly
or tends to adversely
affect the amenities
of the
district;
(5)
Any excavation,
storage of material required during the construction
stage unless
all
necessary
safety measures
are undertaken;
the owner of such
materials
or
excavations
assumes
full responsibility
to ensure the situation does not prevail
any longer
than
reasonably
necessary
to complete
a
particular
stage
of
construction
work.
42.
Building
Desiqn,
Character
and Appearance
The design, siting, external finish, architectural
appearance
and landscaping
generally
of
all
buildings,
including
any accessory
buildings
or structures
and
signs and
any
reconstruction
shall be to the satisfaction
of the Development
Authority.
43.
Architectural
Controls
and Guidelines
In addition to the land use rules for permitted
and discretionary
uses in the appropriate
land use district, the Village or a developer
may impose conditions
on a development
permit as provided
for in Architectural
Guidelines
attached
to the title by caveat.
44.
Home Occupation
(2)
(3)
(4)
(5)
(6)
All development
permits issued for home occupations
shall be revocable
at any
time by the Development
Authority,
if in
its opinion,
the
use is or has become
detrimental
to the amenities
of the neighborhood.
The
Development
Authority
may
issue
a
temporary
permit
for
a
home
occupation.
Where the applicant
for the home occupation
is not the registered
owner of the
dwelling
unit
proposed
to
be
used for a
home occupation,
the applicant
shall
provide to the
Development
Authority
written
authorization
from
the registered
owner(s).
A development
permit issued for a home occupation
shall remain valid unless:
(a)
the
applicant
fails
to
purchase
a valid
business
license
as
set out
in
the
Village business
bylaw;
(b)
the
Development
Authority
revokes
the development
permit as
set out
in
subsection
(1 ).
A home occupation
shall
not include any use
or operation
which will cause or
create a nuisance
by way of dust, noise, smell, smoke or traffic generation.
At all
times, the privacy and enjoyment
of adjacent residents
shall
be preserved
and
the residential
amenities
of the neighborhood
maintained.
One name plate not exceeding
O.28 m2 (3 sq. ft.) may be posted on a building to
advertise
a Home Occupation.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(7)
There shall be no outside storage of materials,
commodities
or finished products.
The Municipal
Planning
Commission,
if it deems appropriate,
may allow goods to
be stored on the site provided that such storage is contained
entirely within the
dwelling
or accessory
building and is not a Fire or health hazard.
(8
No more than 25% of the gross floor area of the principal building shall be used
for the Home Occupation.
An accessory
building may be used if permitted
by the
Development
Authority
if
in
its
opinion
this
would
not
be
detrimental
to
the
neighborhood.
(9)
After a
home
occupation
permit
has
been
granted,
if the holder of the
permit
wishes to make any change in the conduct of the business
that departs from the
description
in the application
or from any other conditions
or restrictions
imposed,
the holder
of
the permit
must
obtain prior permission
of
the Development
Authority.
(10)
Home
occupations
that
require
an
off-site
employee
and/
or
site
visits
from
clients
shall
require
appropriate
parking
spaces
as
determined
by
the
Development
Authority.
(11)
Employees
shall
be limited to the residents of the dwelling and a
maximum
of
one (1 ) additional
employee.
45.
Bed and Breakfast
Establishments
Bed
and
Breakfast
Establishments
shall
conform
to
the
following
and
to
any
standards
as the Alberta Safety Codes and Alberta Health Services
may have:
(a)
No cooking
facilities
allowed in guest rooms;
(b)
Minimum
room size of 7 m2 (75 sq. ft.) per single occupant
and 4.6 m2
(50 sq. ft.) per person for multiple occupancy;
(2)
Off street parking shall be provided
with a minimum
of one stall per owner plus
one stall per guest room;
(3)
Access to a public lane or street shall be to the satisfaction
of the Development
Authority;
(4)
Signage
is
restricted
to
one
sign per
site, attached
to
the building
with
a
maximum
size
of O.9
m2
(10
sq.
ft.).
Appearance
of the
sign
shall
be
of
a
professional
quality to the satisfaction
of the Development
Authority;
(5)
All development
permits issued for Bed and
Breakfast
Establishments
shall
be
revocable
at any time, if in the opinion of the Development
Authority,
the use is or
has become
detrimental
to the amenities
of the neighbourhood;
46.
Utilities
(1)
A development
shall
not
be
permitted
if the
development
is
not
served
by the
public sewer and water system or a provincially
approved
private system
at the
discretion
of the Development
Authority
and
in accordance
with the standards
of
the Village of Carbon.
(2)
A development
shall not be permitted
until satisfactory
arrangements
have been
made
by the
developer
for the supply of water,
electricity,
sewerage
and
street
access to the development
including
payments
of costs of installing
or constructing
any such utility or facility
by the developer.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
47.
Drainage
(1 )
At the discretion
of the Development
Officer/
Municipal
Planning
Commission,
the
applicant
shail
be
required
to grade
a
parcel
in such
a
manner that all
surface
water will drain from the building site to the back lane and/or front street.
(2)
The
Development
Authority
at
its
discretion
may
establish
parcel
and
building
elevation
as a development
condition
if it is felt that drainage
will affect neigbouring
parcels.
(3)
The Development
Authority
at its discretion
may require the applicant
to submit a
storm water management
plan,
indicating
how drainage
will
be managed on the
site.
(4)
The Development
Authority
at its discretion
may require the applicant
to install a
catch basin or
similar
drainage
system
on site if
it
is
felt
that
drainage
will
otherwise
affect neighbouring
parcels.
48.
Elevation
and Gradinq
Plans
(2)
The Development
Authority
may, at their discretion,
control the elevation
(height
of foundation
and finished grades)
for all new development
and subdivisions.
At the
discretion
of the
Development
Authority,
overall
grading
plans
shall
be
prepared
as part of a development
in the form of an agreement
and completed
at
the cost of the developer.
49.
Relocation
of Buildings
(1 )
Where a development
permit has been granted
for the relocation
of a building on
the
same
site
or from
another
site,
the
Municipal
Planning
Commission
may
require the applicant
to
provide a
Performance
Bond
or
letter of credit
in
the
amount of $10,000.00 ($1000.00 where the building to be relocated is accessory
to a dwelling)
to ensure completion
of any renovations
set out as a condition
of
approval
of
a
permit.
In
addition,
the
Municipal
Planning
Commission
shall
require the applicant
to provide proof of insurance
during and after the relocation
of the building.
(2)
All renovations
to a relocated
building are to be completed
within one (1 ) year of
the issuance
of the Development
Permit.
(3)
Application
for a relocated
building shall be accompanied
by recent photographs
to the satisfaction
of the Development
Officer. Also, the views (in writing) of the
adjacent
registered
property
owners within a minimum
of 60 m (196.85 feet) of the
proposed
parcel must be obtained.
(4)
The
design,
external
finish
and
architectural
appearance
of
any relocated
structure
shall be similar to, and complement
the existing
structures
located on the
parcels adjacent
to the parcel on which it is to be located.
50.
Manufactured
Homes
(1 )
Foundation:
Manufactured
Homes shall have a permanent
foundation
capable of supporting
the
maximum
anticipated
load
of the manufactured
home during all
seasons without
settlement
or other movement
in accordance
with the Alberta Building Code.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(2)
Skirting:
The undercarriage
of each manufactured
home shall be completely
screened from
view
by
the
foundation
or by
skirting within 30 days of
placement
of
the
manufactured
home.
(3)
Additions, Porches etc.:
All
accessory structures such as steps,
patios,
porches,
additions,
skirting
and
storage facilities
shall
be factory pre-fabricated
units
or of a
quality equivalent
thereto, so that design and construction
will complement
the manufactured
home.
Additions to a manufactured
home shall have a foundation and skirting equivalent
to that of the manufactured
home.
All manufactured
homes shall be provided with
steps and landings to all entrances within 30 days of their placement.
(4)
Utilities:
Each manufactured
home shall
be connected to,
and
be serviced
by, electrical
power, natural gas, telephone, and the Village's sanitary sewer and water supply.
(5)
Age:
All manufactured
home units shall have Canadian Standards Association (CSA)
Certification.
Manufactured
Homes constructed
more than eight (8) years before
the
date
of application
for
a
development
permit
shall
not
be
allowed.
The
Development
Authority in the performance
of its duties in discretionary
approval of
Development
Permits, may
relax
this
condition
where it
is satisfied
that
the
Manufactured
Home
meets the standards
and appearance
of
Manufactured
Homes constructed
within the last (8) eight years.
51.
Modular
Homes
Modular homes are not to be considered
as manufactured
homes under this Bylaw and
will be congruent in appearance
to surrounding
buildings. Modular homes will feature the
following design features:
(1 )
be placed on a permanent
perimeter
foundation
or basement; and
(2)
in the Development
Authority's
opinion, the proposed development
complies witta
be placed on a permanent
perimeter
foundation
or basement; and
in the Development
Authority's
opinion, the proposed development
complies with
the amenities of the neighbourhood.
52.
Secondary
Suites
(1)
A
secondary
suite
may
be
developed
only
in a property
containing
a single
detached
dwelling
and
only in those Land
Use
Districts where
it is listed
as
a
discretionary
use;
(2)
Only one secondary
suite shall be allowed per principal dwelling and/or site;
(3)
A secondary suite shall
not exceed 40%
of the total floor area of the principal
building, including upper floors and basement combined and shall not be smaller
than 38.0 sq. m. (400 sq. ft.)
(4)
A separate entrance door to a secondary
suite shall not be located on any front
building elevation facing a public street. Notwithstanding
this, a single entry door
providing access to an enclosed, shared landing area from which both the main
dwelling unit and the secondary suite gain access, may be located on any front
building elevation facing a public street;
(5)
Parking requirements
shall be 1 parking space per secondary
suite;
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(6)
If parking space is provided in the required front yard, a minimum 30'/o of the front
yard must remain as landscaped area; and
(7)
A principal building containing
a
secondary
suite may
not
be
converted
into
condominiums;
ownership of a property containing a secondary suite must be an
undivided fee simple.
53.
Projection
Over Yards
(1 )
Front Yards:
(i)
Eaves, balconies, bay windows, shade projections,
chimneys, un-enclosed
decks, may project a maximum of O.6 m (2 ft.) over or onto a required front
yard;
(ii)
Un-enclosed
steps may project a maximum of 1.8 m (6 ft.) over or onto a
required front yard.
(2)
Side Yards:
(i)
Eaves, shade projections, chimneys, may project a distance not exceeding
one half of the minimum side yard requirement
for the lot;
(ii)
Un-enclosed
steps and landings shall be at grade to a side entrance and
may
project onto
the entire required
side
yard.
Un-enclosed
steps
and
landings above grade shall
be at
the discretion
of
the Development
Authority.
(iii)
Residential buildings with a side entrance requiring a side yard relaxation
and/or having projections as described above shall maintain one side yard
with no relaxation or projection except for eaves.
(3)
Rear Yards:
(i)
Eaves, balconies, bay windows, shade projections,
chimneys, un-enclosed
decks and steps may project a maximum of 1.5 m (4.9 ft.) over or onto a
required rear yard.
54.
Day Care
(1 )
The Development
Authority shall, in deciding whether to approve or refuse a Day
Care, consider among other matters, potential traffic generation,
proximity to park
or
other
open or
recreation
areas, isolation
of
the
proposed
site
from
other
residential uses,
buffering or other techniques designed to limit any interference
with other uses or the peaceful enjoyment of their properties by nearby residents,
and consistency
in terms of intensity of use with other development
in the area.
(2)
The maximum number of children for which care may be provided in a Day Care
may
be
established
by
Provincial
Authorities
Authority
in
consideration
of the
criteria in (1 ) above.
(3)
All Daytime Child Care Services shall be licensed and approved by the relevant
provincial agency, where applicable.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
55.
Physical
Environment
The
Development
Authority
may
consider
the
environmental
impact
of
any
proposed
development.
The Development
Authority
may refer the proposal
to a relevant provincial
department
for
comments
on
the nature of
the
environmental
concern.
Where
a
development
is considered
to have a significant
environmental
impact, the Development
Authority
may request the developer
to have an environmental
evaluation
prepared and
submitted
by an appropriate
professional,
or undertake
its own environmental
evaluation
regarding
the proposed
development.
All
costs associated
with an environmental
evaluation
are the responsibility
of the developer.
56.
Resource
Conservation
The Development
Authority
shall encourage
the incorporation
of cost-effective
measures
which reduce the consumption
of water and energy resources
in new developments
and
renovations.
57.
Industrial
Development
Each
application
for
industrial
development
shall
be
required
to
provide
the
following
information:
Location map
Type of industry
Size of buildings
Estimated
number
of employees
Estimated
water demand
and anticipated
source
(2)
As
required
by the
Development
Authority,
each
application
for industrial
development
may be required to provide one or more of the following,
in order to
assess the proposal:
Geotechnical
Evaluation
Traffic Impact Assessment
Environmental
Site Assessment
Any accessory
works required (municipal
utilities, etc.)
Storm water Management
Plan
and/or any other such
information
as
may be reasonably
required to make an
informed
decision.
58.
Screening
(a)
(b)
(C)
Commercial
and
Industrial
Developments
abutting
a
residential
district
shall
be
screened
from view
to
the
satisfaction
of
the
Development
Authority.
If permitted,
outside storage areas of commercial
and industrial
materials
and equipment
shall be screened
from adjacent
sites and public streets.
Garbage
and waste material must be stored in weather
proof and animal
proof containers.
Garbage
and waste material storage must be screened
from public thoroughfares,
excluding
lanes.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
59.
Auto Body Shops
The
Municipal
Planning
Commission
may
impose
any
or
all
of the
following
conditions
to a development
permit issued for an Auto Body Shop:
(a)
all vehicle access doors to the building shall be located at the rear of the
building;
(b)
any areas of the site used for vehicle, materiafs
or waste storage shall be
fenced to a height of eight (8) feet and the fence shall be a solid fence of
either metal or wood with the appearance
satisfactory
to the Development
Authority,
so
that
the
vehicles
or
materials
are
not
visible
through
the
fence;
(c)
customer
vehicle
parking
and
the
vehicles
awaiting
repair
may
be
permitted,
provided the vehicles
are not parked for a period of greater than
eight (8) hours;
(d)
any vehicles left for repair shall be stored within the fenced area and not
be visible from streets or lanes;
(e)
sandblasting
of vehicles
shall not be permitted
outside of a building.
60.
Storage
Structures
A storage
structure
shall
meet
all limits
and requirements
for an
accessory
building in the appropriate
district;
A
storage
structure
shall
be
for
cold
storage
only
and
shall
not
be
connected
to utilities.
A
storage
structure
shall
be
screened
from
view
as
required
by
the
Municipal
Planning
Commission.
The Development
Authority
shall
also
take into account the building appearance,
orientation,
and design, and
may add any condition
necessary
to ensure such building is suitable to
the character
of the existing development
in the district,
as well as
its
effect on adjacent
districts. A higher level of landscaping
and buffering
may also be required to ensure the building is appropriately
screen to the
satisfaction
of the Development
Authority.
A storage structure
shall not be used as a sign.
61.
Animal
Units
The application
of animal units may be applied
as a condition
of a
development
permit;
All development
permits issued for Animal
Units
shall
be revocable
at
any time by the Development
Authority
if, in its evaluation,
the use is or
has become
detrimental
to the amenities
of the neighborhood.
One animal
unit is perrriitted
for every
O.81 ha. (2.O acres) of land
contained
within a parcel boundary.
The maximum
number of animal
units permitted
shall be calculated
in accordance
with the total amount
of
acres in the parcel and the total number
shall not exceed 40 anima( units
on any given parcel.
Animal units shall be considered
in accordance
with the following
schedule:
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
Type of Animal
Cattle:
Horse:
Donkey:
Sheep:
Goats:
Llamas:
Alpacas:
Rams or ewes plus lambs
No.
of Animals
equivalent
to
one animal unit
1 .0
1 .0
1 .0
2 .0
2.0
2.0
2.0
62.
Communication
Towers
(a)
Industry
Canada
is
responsible
for regulating
radio
communication
in
Canada and for authorizing
the location of radio communication
facilities,
including
communication
towers.
In
making
its
decision
regarding
the
communication
tower and
related facilities,
Industry Canada considers
the following:
(iii)
(iv)
the input provided by the Approving Authority;
compliance
with Transport
Canada'
s painting and
lighting
requirements
for aeronautical
safety;
Health
Canada'
s Radiofrequency
Exposure
Guidelines,
2009
respecting
limits of exposure to radio frequency
fields; and
an environmental
impact assessment
may be required in order to
comply with the Canadian EnvironmentalAssessmentAct,
2012.
(b)
The
participation
of the Village of Carbon
in the consultation
process
does
not
transfer
any
Federal
decision
making
authority, nor does
it
confer a right of veto in the location of the communication
tower.
(C)
Unless demonstrated
to be impractical,
transmission
antennae
are
encouraged
to be mounted on existing structures (including buildings or
towers) or within transportation
and utility corridors.
(d)
Communication
towers are encouraged
to be located
in a manner that
minimizes
the impact
on the natural environmental
and residential
communities
while recognizing
the unique location requirement
for siting
communication
towers.
(e)
All
equipment
shelters
should
meet
the
Village
of
Carbon's
setback
distances to roads and property lines.
(f)
Appropriate
access/ egress shall
be provided to the satisfaction of the
Development
Authority.
63.
Development
Standards
for Topographic
Features
(Exhibit
1 )
(1)
Sloped Areas
For hummocks, buttes and other isolated land projections, slopes of greater than 20%
are
considered
unsuitable
for development
unless
otherwise
determined
by
the
Development
Officer and all slopes greater than 15% may require special engineering
and other treatment. If these topographic
features are leveled, resulting slopes shall not
exceed 20% and the leveling, compaction
or other engineering
as well as environmental
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
considerations
must
be to the satisfaction
of
relevant
authorities.
Related
to the
foregoing,
satisfactory
proposed
contour and other plans may be required.
(2)
Earth Grading
(a)
Protrusions
of escarpments
with a minimum
width of 90 m (295.3 ft.) at its
widest point shall not be removed.
(b)
All
protrusions
of escarpments
that are removed
or leveled
must result in
grades where the protrusion
formerly
existed of not greater than 15%
not
including
the adjoining
escarpment
wall.
(c)
A
maximum
slope
of
33%
shall
result
for escarpment
lands
when
protrusions
are removed or leveled (i.e. for the escarpment
wall formed by
the cut of the former protrusion.
(3)
Set-backs
from Toes of Slopes
Unless otherwise
determined
by the Development
Officer, set-backs
from toes of
slopes shall be as follows:
(a)
A minimum
of 9.0 (29.5 ft.) from
the toe of a slope when the height of the
slope is greater than 3.0 m (9.8 ft.). When a slope is greater than 25.0 m (82
ft.) the minimum
setback
shall be one-third
(1/3) the height of the slope.
(b)
The
Municipal
Planning
Commission
may
relax the
above
noted
setback
distances
by a maximum
of 30% if it is satisfied
that the reduced setbacks
will
not
impact on
slope
stability.
Applicants
will be
required to
provide
a
geotechnical
report prepared
by a professional
engineer.
(c)
For Valley or Coulee Breaks (escarpment
rim), the following
set-backs
from
the
front
edge
apply
unless
otherwise
determined
by
the
Development
Authority.
Land Left Undisturbed
for Valley
Break (Escarpment
Rim) or Coulee
Average
Depth Of Valley
Distance
of Land Left Undisturbed
0-15
m (O - 49.2 ft.)
25 m (82 ft.)
15 - 30 m (49.2 - 98.4 ft.)
45 m (1 47.6)
> 30 m (98.4 ft.)
60 m (196.9)
These
setbacks
may be
increased
at
the discretion
of
the
Development
Authority
with
consideration
for the direction
that the valley faces and other relevant
factors such as soil type.
Lanes
and
utilities
may
not
be
developed
within
these
areas
except
when
agreed
upon
by
relevant
authorities
to serve public reserve parcels.
(5)
For Benches
(a)
Parcel boundaries
shall be set-back
a minimum
of 9 m (29.5 ft.) from the
brink of a slope (front edge of a bench) when the height of the slope is
greater than 3 m (9.8 ft.)
(b)
When the front edge of a bench is steeper
than 33'!/o and higher than 25
m (82 ft.) the minimum
set-back
from the point where the slope begins to
fall off at a rate greater than 33% shall be one-third
(U3) the height of the
slope.
CARBON
- Village
in the Valley
Land Use Bylaw No. 2018-804
Exhibit
#1
TOPOGRAPHIC
FEATURES
Escarpment
Brink of
Slope
Bench
Protruston
Brink of Slope
Toe of Slope
Toe
or Slope
8RlHKOP
ESCARPMENT
SIOPE
-%
8111HK OF
SLOPE
-t-
BENCH
StOPE
BOTTOM
tANOS
TOE OF
S(OPE
4a
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
64.
undermininq
Or Subsidence
Conditions
Where development
is proposed
for land which has potential undermining
or subsidence
conditions,
no development
permit shall be granted unless the Development
Authority
is
satisfied
that the development
will
not adversely
affect the environment.
Engineering
tests may be required at the cost of the landowner.
65.
Land Adjacent
to a Water Course
In an undeveloped
area, where a building or a structure
is approved
adjacent
to a water
course or water body, no part of such building or structure
shall be sited less than 11
m
(35 ft) from the flood way boundary
of said water course, or water body. See Flood Risk
Overlay information.
66.
Off-Street
Loadinq
& Unloading
for Non-Residential
Development
Any
new non-residential
development
or a
substantial
expansion
of an
existing
development
shall
provide
and
maintain
off-street
loading
and
unloading
spaces
according
to the following
requirements:
(1 )
The space shall not be less than 2.5 m (8 feet) wide and shall provide no less than
3.6 m (12 feet) overhead
clearance;
(2)
The space shall be hard surfaced
if the access is from a street or lane which is
hard surfaced;
(3)
Access
to
the
space
shall
be
such
that
no
backing
and
turning
movements
of
vehicles
causes
interference
with
traffic
on
the
adjoining
or
abutting
streets
or
lanes;
(4)
Off-street
loading and unloading
spaces should be provided in accordance
with the
following:
Use of Building
or Site
Total Gross Floor Area
Loading
Spaces
Required
i)
Retail, industrial,
warehousing
or similar use
Less than 464.5 m2
(5,000 sq. ft.)
I
464.5 m2 (5,000 sq. ft.) to
2322.5m2
(25,000
sq. ft.)
2
Each additional
2322.5 m2
(25,000 sq. ft.) or
fraction thereof
1
additional
ii)
Office building, health care
facility,
Public utility building, school or
similar use
Up to 2782 m2
(30,000 sq. ft.)
1
Each additional
2787 m2
(30,000 sq. ft.) or
fraction thereof
I
CARBON
- Village
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Land Use Bylaw
No. 2018-804
67.
Off-Street
Parking
(1)
The number of off-street
parking spaces for any development
shall
be according
with requirements
set out for the land use district in which the space is located.
(2)
For a multiple use site,
parking requirements
shall be based on the calculation
of
parking required
for each individual
use.
(3)
A parking space shall
be located on the same site as the building or the use in
respect of which it is required and shall be designated,
located, and constructed
to
the Village's
standards
so that:
(a)
it
is
reasonably
accessible
to
the
vehicle
intended
to
be
accommodated
there;
it can be properly
maintained;
and
not less than 2.4 m (8 ft.l wide.
The Mu'nicipal Planning
Commission
may:
(a)
Accept a payment
in lieu of the number
of on-site parking spaces not
provided.
The
payment
shall
be
based
on
the
amount
of
money
Council
considers
reasonable
in
return
for
the
equivalent
parking
space to be provided by the municipality
elsewhere
in the District in
which the development
is proposed;
Reduce the parking requirements
if,
in the opinion of the Municipal
Planning
Commission,
it is proven that the minimum
required parking
spaces
are
not
necessary
to
adequately
service
the
proposed
development
and
it
will
not
be a detriment
to the surrounding
neighborhood
area.
The
Municipal
Planning
Commission
may
determine
that it make take cash in lieu to off-set the cost of providing
the required
parking elsewhere
in the vicinity.
The
developer
may
be
able
to
provide
off-street
parking
on
lands
other than those that are proposed
to be developed
provided
that:
(i)
the alternative
parking site is within 152 m (500 feet) of the site
where the principal building is located or where the approved
use
is carried on;
(ii)
the person wishing to use an
alternate
parking site
must have
absolute
control of it for a length of time equal to the life of the
approved
use of the building or site, and will use that site for no
other purpose
than to provide alternate
parking and shall require
a registration
on title detailing
the parking requirements;
(iii)
the person wishing to use an alternate
site shall agree with the
Municipality
in writing under seal and protected
by registration
of
a
caveat under the
Land Titles Act,
that the site on which the
alternate
parking site is located shall be used for such purposes
as long as it is required by this part.
Any parking space or loading space provided shall be developed
and surfaced
to
the satisfaction
of the Development
Authority.
Adequate
curbs, fences and landscaping
shall be provided to the satisfaction
of
the
Development
Authority.
In so doing,
one should
consider
adjacent
fences,
walls,
boulevards,
landscaped
areas
or
buildings
to
protect from
contact with
vehicles
using such parking space or area.
(b)
(C)
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(7)
The following
parking standards
shall
apply to the
permitted
and
discretionary
uses in this Bylaw:
i
Residential
Use
i Parking Spaces
Required
i
Dwellings:
Single-Detached,
Attached
& Duplexes
2 per dwelling
unit
Apartments
1
per
dwelling
unit
plus
1
space per 6 units for guest
parking
Manufactured
Homes (Park or Subdivision)
2 per dwelling
unit
Seniors Lodge
1
per 10 units plus 1
for every
staff
member.
Guest
parking
requires 1 space per 5 units
Secondary
Suites
1
per suite
Bed and Breakfast
2
per
main
home
plus 4 per
guest room
Service
Parking
Spaces
Required
Day Care
1
per owner/staff
person with a
minimum
of 1
drop off area for
every 2 children attending
Worship
Facility
1
per 10 seats
Health Care Facility
1
stall
per bed
and 1
stall for
each staff member.
Funeral Home
1
space
per
500
sq.
ft.
+ 1
space per staff member
Commercial
i Parking Spaces
Required
Office
2 spaces per 100 sq. ft.+ staff
parking
Restaurants
4
space per 4 seats
Hotels and Motels
1
per guest suite
Personal Service
1
space per 1000 sq. ft. + staff
parking
Financial
Institution
Retail Store
I
space per 750 sq. ft.
+ staff
parking
Drinking
Establishment
1
per 2 seats
Industrial
iParking Spaces
Required
Storage
Yard
1
per 1000 sq. ft.
Building Materials
Sales and Storage
i, 1 per 750 sq. ft.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
Manufacturing
5 spaces for the first 1000 sq.
ft. + 1
space for each 500 sq.
ft. after that
Other
i Parking Spaces
Required
Community
Centre or Recreation
Facility
10 spaces per 1000 sq. ft.
School:
Elementary
and Junior High
1 space per class room
Senior High
4 spaces per class room
Parking
requirements
for all
other uses
not of a
similar
nature to those listed
shall
be at the
discretion
of the Development
Authority.
68.
No
signs
or
advertising
structures
of
a
commercial,
direction
or
information
nature shall be erected on land or affixed to any exterior
surface of any building
or structure
unless an
application
for this
purpose
has
been
approved
and
a
development
permit has been issued,
excepting
those outlined in elsewhere
in
this Bylaw.
No
signs
or
advertising
structures
shall
be
erected
on
or
affixed
to private
property
without the prior consent
of the property
owner or tenant.
No
signs
shall
be
erected
on
or
affixed
to
public
property
without
the
prior
consent
of the municipality.
No signs or advertisement
shall resemble
or conflict with a traffic sign.
All
signs,
with
the
exception
of temporary
signs,
allowed
under a Temporary
Development
Permit,
shall
be
attached
to
a
permanent
foundation
capable
of
supporting
the sign.
All
signs
shall
be
designed
and
manufactured
to
a
professional
standard
of
quality equivalent
thereto.
All signs shall be kept in a safe, clean, tidy and legible condition
and may, at the
discretion
of the Development
Authority,
be required
to be renovated
or removed.
Signs advertising
businesses
no longer in operation
shall be removed.
No signs or advertising
structures
other than
those specified
under this
Bylaw
shall be permitted
in a residential
district.
No
signs or
advertising
of any
kind
shall
be
permitted
adjacent to
a
highway
unless the prior approval
of Alberta Transportation
has been obtained.
(10)
Thefollowingseparationdistancesbetweensignsshallbeapplied:
(a)
9.14 m (30 ft.) from the curb adjacent
to a municipal
road;
(b)
As required
by Alberta
Transportation
adjacent
to a Provincial
highway.
(11 )
Projectinq
siqns may be permitted
provided
that:
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(a)
(b)
(e)
a minimum height clearance
of 2.74 m (9 ft.) be provided from any
sidewalk
below;
the signs shall
not project above the roof by more than O.91
m
(3
ft.);
the sign does not project within O.61
m (2 ft.) of the curb;
the sign does not project more than 2 m (6.5 ft.) from the face of the
building;
the sign does not exceed 9.29 m2 (100 ft.2) in area.
(12)
Free standinq
siqns (directional,
advertising
or identification)
may be permitted
provided
that:
(a)
the sign does not exceed 9.14 m (30 ft.) in overall height;
(b)
the maximum
total sign area allowable
is 13.94 m2 (150 ft.2);
(c)
the sign shall be a minimum
of 6.1
m (20 ft.) from a curb or 1.52 m
(5 ft.) from the property
line.
(13)
(14)
(15)
(16)
Solid
containing
advertising
shall
be treated
as
projecting
signs.
However,
at
the
discretion
of the
Development
Authority
the
minimum
height
clearance
from the sidewalk
may be relaxed.
One (1 ) portable siqn may be permitted
per non-residential
site provided
that:
(a)
the sign is a minimum
linear distance
of 9 m (30 ft.) from an intersection
of public road right-of-ways;
(b)
the furthest limit of the sign is a minimum
of 6.1
m (20 ft.) from the curb
or 1.5 m (5 ft.) from the pmperty
line, whichever
is the greater distance
unless otherwise
approved
by the Development
Authority
the sign area does not exceed 10.03 m2 (108 sq.ft.);
Maximum
height shall not exceed 2.44 m (8. ft.);
the sign does not have any flashing
lights or arrows;
the sign is not located on Village property;
The site does not contain residential
land uses;
A valid development
permit has been obtained
for signs to be in
place for more than
7 consecutive
days.
Portable
signs may
be
approved
for a maximum
of 90 days.
Portable signs
are
intended
to
advertise
or promote
events of a temporary
nature and are not intended
to
be
permanently
located
on
any
site.
Permanent
signage
shall
be
developed
with
appropriate
standards
and
professional
quality
design
and appearance.
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(i)
(D
There is a minimum
30 metre (100 ft.) separation
from any other
Portable sign and all portable signs are located with consistent
spacing
requirements
along the same street.
Notwithstanding
(g) above, Portable
signs used for community
information
purposes
may be considered
for extended
timeframes
as
deemed necessary
to provide the relevant
community
information.
(17)
Freestandinq"sandwich"styleboardsshallbeplacedonlywithinthefrontage
area of the business
advertised.
Only one Freestanding
"sandwich"
style board
shall be permitted
per business
and shall not exceed 2.4 m2 (8 sq. ft.) in size with
the height twice the width with a variance
of 20%.) and shall be removed
on a
nightly basis.
(18)
One ('1)
may be permitted per site at the discretion
of the Municipal
Planning
Commission
provided
that;
(a)
Orientation
of bench signs along a public street shall
be parallel to the
street
for
the
safety
and
security
of
pedestrians
and
community
69.
appearance;
(b)
(C)
(d)
(e)
The setbacks
are consistent
for all
bench
signs along the same street
with a minimum
setback
of 3.0 m (10 ft.) from a curb or 1.5 m (5 ft.) from
a
property
line, whichever
is the
greater
distance
or as otherwise
approved
by the Municipal
Planning
Commission;
Bench
sign
locations
shall
be
easily
accessible
by
pedestrians
with
ground cover,
landscaping,
elevation
and
location to be detailed in the
application;
Bench signs shall be located adjacent
to a building, a public sidewalk
or
pedestrian
trail and in an area where pedestrian
foot traffic is expected;
There is a minimum 100 metre (328 ft.) separation
from any other Bench
sign
and
all
bench
signs
are
located
with
consistent
spacing
requirements
along the same street.
Alternative
Energy
Systems
(1)
Alternative
or
renewable
energy
systems
can
include,
but
are
not
limited
to,
passive solar, wind power, heat exchange
systems
and generators.
Systems
of
this
nature are encouraged
as
a
method to reduce greenhouse
gas emissions
and to promote sustainability
objectives
within the Village of Carbon. Alternative
Energy Systems
shall ensure there are no nuisance
effects that extend beyond
the site and shall have consideration
for the following
requirements:
(a)
(b)
Alternative
Energy Systems
that are part of or attached to the
principal
building shall follow the requirements
for that use such as requirements
for height (ie. Passive solar panels on a roof); and
Alternative
Energy Systems
shall
follow the
minimum
requirements
for
accessory
buildings
and uses in the appropriate
Land Use District where
separate
and subordinate
to the principal
building or use of the property.
(2)
(a)
An
Alternative
Energy
-
Solar
Energy
Conversion
System
development
submission
must indicate:
CARBON
- Village
in the Valley
Land Use Bylaw
No. 2018-804
(i)
The specific
location
of
the proposed
structures
relative
to the
setback requirements
of the underlying
zone for both
principle and
accessory
structures
located within the subject property
boundaries.
(b)
An Alternative
Energy
- Wind Energy
Conversion
System
development
submission
shall include:
(i)
An accurate
site plan showing and labelling the information
for the
development
including
the
specific
locations
of
any
proposed
structures
with setbacks
from property
lines and adjacent
buildings;
(ii)
The
setback
shall
conform
to
the
requirements
of the
underlying
zone
for
both
principle
and
accessory
buildings
located
with
the
subject property;
(iii)
The
wind
energy
conversion
system
shall be no closer
to the
property
line than the total height of the unit, including any guy wire
anchors;
(iv)
At no time shall any portion of the structure
be permitted
to extend
closer than 3 m (10 ft.) to any property
line;
(v)
Diagrams
indicating
the
potential
visual
impact of the structure
as
these facilities
require the installation
of the turbine on a tall tower,
generally
above other structures
or trees, to reach wind conditions
and
avoid turbulence.
Visual
Impact concerns
shall
be considered
where there is significant
scenic or historical
value and where there
is a clear public benefit; and
(vi)
No advertising
shall appear on the tower, blades or turbine.
70.
Cannabis
Retail Sales
A Cannabis
Retail Sales establishment
shall comply with all provincial
requirements.
A Cannabis
Retail Sales establishment
shall meet the provincial
requirements
for
minimum
separation
distances
from Schools,
a Municipal
School Reserve
parcel,
a School Reserve
parcel and Provincial
Health Care Facilities.
Despite Section 70. (1 ) to (2), no separation
distance
is required between
a
Cannabis
Retail Sales establishment
and a home education
progam.
-.0" -'.
:":-"
":'
."" "t,K!P,,'
Legend
:lllliviiiage Boundary
0
R-1
Single-Detached
Residential
Land
USe DiStriCtS
R-2 General Residential
gC-B
Central Commercial
g
R-3 Multiple Unit Residential
5M-1
Light Industrial
Q
SHR Small Holding Residential
OP
Community
Service
8
UR Urban Reserve
Village
of Carbon
Land Use District
Map
:iP ). li.
' -
+Palliser
Regional Municipal Serviies
Map produced
Aug 2018
Legend
€ lll,llllVillage
Boundary
8Flood
Way
€
Flood Fringe
Village
of Carbon
Flood Risk Area Overlay
Map
+Palliser
Regional Municipal Services
Map produced
Auq 2018
APPENDIX
A
Forms
The forms included in Appendix
A do not form part of this Land Use Bylaw but are
presented
for reference
purposes
only.
FORM A
-
DEVELOPMENT
PERMIT
APPLICATION
FORM B
-
DEVELOPMENT
PERMIT
APPLICATION
(HOME OCCUPATION)
FORM C
-
STOP ORDER
/ ORDER
OF COMPLIANCE
FORM D
-
APPLICATION
FOR LAND USE BYLAW
AMENDMENT
FORM E
-
APPLICATION
FOR SUBDMSION
OR DEVELOPMENT
APPEAL
FORM F
-
NOTICE
OF SUBDMSION
AND DEVELOPMENT
APPEAL
BOARD HEARING
FORM G
-
NOTICE
OF DECISION
OF THE DEVELOPMENT
OFFICER/
MUNICIPAL
PLANNING
COMMISSION
FORM H
-
NOTICE
OF DECISION
OF THE SUBDMSION
AND DEVELOPMENT
APPEAL
BOARD
FORM I
-
TIME EXTENSION
AGREEMENT
FOR DEVELOPMENT
PERMIT
PART Vlll
Land Use District
Map
Flood Risk Overlay
Map
Legend
;a a a a a; Municipal Boundary
'a'
Land Llse Districts
ff5 R-1 - Residential
R-2 -
Residential
;='-'3 R-3-Residential
SHR - Small Holdings
Residential
C-B -
Ceniral Business
M-1 -
Industnal
LIR - Urban Reserve
{5] P - Community Service
Village
of Carbon
Land Use District
Map
Pallise