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Land Use
Bylaw
Land Use Bylaw
No. 1093
(Adopted October 11 , 2022)
Town of Castor Land Use Bylaw No.1093
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Town of Castor Land Use Bylaw No.1093
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TABLE OF CONTENTS
Contents
TABLE OF CONTENTS _____________________________________________________2
PART I - Administration ___________________________________________________7
1.1. Title ___________________________________________________________________ 7
1.2. Purpose ________________________________________________________________ 7
1.3. Application ______________________________________________________________ 7
1.4. Effective Date ___________________________________________________________ 7
1.5. Conformity with the Bylaw _________________________________________________ 7
1.6. Other Legislative Requirements _____________________________________________ 7
1.7. Severability _____________________________________________________________ 8
1.8. Transition _______________________________________________________________ 8
Part II - Rules of Interpretation _____________________________________________9
2.1. Rules of Interpretation ____________________________________________________ 9
2.2. Definitions _____________________________________________________________ 10
PART III - Administrative Agencies _________________________________________32
3.1. Development Authority ___________________________________________________ 32
3.2. Subdivision Authority ____________________________________________________ 32
3.3. Development Authority - Powers and Duties __________________________________ 32
3.4. Subdivision Authority - Powers and Duties ___________________________________ 33
PART IV - Development Permit Application __________________________________35
4.1. Control of Development __________________________________________________ 35
4.2. Development Permit Not Required __________________________________________ 35
4.3. Application for a Development Permit _______________________________________ 37
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4.4. Decision Process - Development Authority ___________________________________ 38
4.5. Decision Process - Subdivision Authority _____________________________________ 40
4.6. Application for Relaxation/ Variance of Bylaw Requirements _____________________ 41
4.7. Applications the Development Authority Must Refuse___________________________ 42
4.8. Development Permit Referrals & Notices _____________________________________ 42
PART V - Bylaw Amendment Process _______________________________________45
5.1. Application to Amend the Land Use Bylaw ____________________________________ 45
5.2. Public Hearing Process ___________________________________________________ 46
Part VI - Appeals _______________________________________________________47
6.1. Development Appeal procedure ____________________________________________ 47
6.2. Subdivision Appeal Procedure ______________________________________________ 47
6.3. Appeal Hearing For Subdivision and Development Appeals _______________________ 48
6.4. Appeal Decision _________________________________________________________ 49
PART VI - Enforcement __________________________________________________50
7.1. Orders of Compliance / Stop Order __________________________________________ 50
7.2. Enforcement ___________________________________________________________ 50
PART VII - Land Use Districts ______________________________________________52
8.1. Districts _______________________________________________________________ 52
8.2. District Boundaries ______________________________________________________ 52
8.3. Direct Control Districts ___________________________________________________ 53
8.4. R-1 - Low Density Residential District ________________________________________ 54
8.5. R-2 - General Residential District ___________________________________________ 57
8.6. R-3 - Multiple Unit Residential District _______________________________________ 61
8.7. RE - Residential Estates District ____________________________________________ 65
8.8. MHP - Manufactured Home Park District _____________________________________ 67
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8.9. MHR - Manufactured Home Residential District ________________________________ 71
8.10. C-1 - Central Commercial District __________________________________________ 73
8.11. HWY-C - Highway Commercial District ______________________________________ 76
8.12. I-1 - Light Industrial District ______________________________________________ 79
8.13. CS - Community Service District ___________________________________________ 82
8.14. UR - Urban Reserve District _______________________________________________ 84
8.15. HHV - Hospital Helipad Vicinity Overlay District _______________________________ 86
PART VIII - General Land Use Regulations ____________________________________87
9.1. Subdivision of Land ______________________________________________________ 87
9.2. Non-Conforming Buildings and Uses _________________________________________ 87
9.3. Fencing and Screening ____________________________________________________ 88
9.4. Accessory Buildings & Uses ________________________________________________ 89
9.5. Off-Street Loading & Unloading for Non-Residential Development _________________ 90
9.6. Off-Street Parking _______________________________________________________ 91
9.7. Objects Prohibited or Restricted in Yards _____________________________________ 95
9.8. Site Development _______________________________________________________ 95
9.9. Home Occupations ______________________________________________________ 95
9.10. Industrial Development __________________________________________________ 97
9.11. Screening _____________________________________________________________ 98
9.12. Utilities ______________________________________________________________ 98
9.13. Drainage _____________________________________________________________ 98
9.14. Bed and Breakfast Establishment __________________________________________ 98
9.15. Automotive Service and Fuel Sales Establishments ____________________________ 99
9.16. Car Washing Establishments _____________________________________________ 100
9.17. Signs ________________________________________________________________ 100
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9.18. Relocation of Buildings _________________________________________________ 103
9.19. Projections Over Yards _________________________________________________ 104
9.20. Daytime Child Care Services _____________________________________________ 105
9.21. Renewable Energy Systems: _____________________________________________ 105
9.22. Elevation and Grading Plans _____________________________________________ 107
9.23. Manufactured Homes __________________________________________________ 107
9.24. Modular Homes _______________________________________________________ 108
9.25. Secondary Suites ______________________________________________________ 108
9.26. Physical Environment __________________________________________________ 109
9.27. Number of Dwelling Units Permitted on a Parcel _____________________________ 109
9.28. Auto Body Shops ______________________________________________________ 110
9.29. Architectural Controls and Guidelines _____________________________________ 110
9.30. Storage Structures _____________________________________________________ 110
9.31. Drive Through ________________________________________________________ 111
9.32. Worship Facilities _____________________________________________________ 111
9.33. Animal Units _________________________________________________________ 112
9.34. Communication Towers ________________________________________________ 112
9.35. Building Demolition ____________________________________________________ 112
9.36. Landscaping, Environmental Conservation and Development ___________________ 113
9.37. Cannabis Regulations __________________________________________________ 113
9.38. Guidelines for Other Land Uses ___________________________________________ 114
9.39. Corner and Double Fronting Lots _________________________________________ 114
PART IIX - Land Use District Map _________________________________________ 115
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PART I - Administration
1.1.
TITLE
(1)
The title of this Bylaw shall be the Land Use Bylaw of the Town of Castor
1.2.
PURPOSE
(1)
In accordance with Section 640 of the Municipal Government Act, the purpose of this
Bylaw is to achieve the orderly, economic and beneficial development, use of land and
patterns of human settlement within the Town of Castor by regulating and controlling
development, or where necessary, prohibiting development without infringing on the
rights of individuals for any public interest except to the extent that is for the overall
greater public interest.
1.3.
APPLICATION
(1)
This Bylaw shall apply to the whole of the Town of Castor being all lands and buildings
contained within its corporate limits.
1.4.
EFFECTIVE DATE
(1)
This Bylaw comes into effect upon the date of its third reading.
(2)
Land Use Bylaw No.1006, as amended, is hereby repealed.
1.5.
CONFORMITY WITH THE BYLAW
(1)
No person shall commence any development within the Town except in conformity with
this Bylaw.
(2)
Compliance with the requirements of this Bylaw does not exempt any person from the
requirements of any adopted Statutory Plan.
1.6.
OTHER LEGISLATIVE REQUIREMENTS
(1)
In addition to this Bylaw, an applicant is responsible for complying with any other
applicable federal, provincial, or municipal legislation or law. The applicant is also
responsible for complying with the conditions of any caveat, covenant, easement or other
instrument affecting a building or land.
(2)
The Town is not responsible for nor does the Town have any obligation whatsoever to
determine what other legislation may apply to a development, nor to monitor or enforce
compliance with such legislation.
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(3)
The Development Authority shall not approve an application for a development permit
that is not in conformity with the Town's Statutory Plans.
1.7.
SEVERABILITY
(1)
In the event any portion of this Bylaw is found invalid by a Court of Law or is overturned
by a superior jurisdiction, the validity of the remaining portions of the Bylaw shall not be
affected.
1.8.
TRANSITION
(1)
An application for a Subdivision, Development Permit or amendment to this Bylaw
commenced prior to the coming into force of this Bylaw shall be evaluated under the
provisions of the Town's Land Use Bylaw No., as amended.
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Part II - Rules of Interpretation
2.1.
RULES OF INTERPRETATION
(1)
Where a word is used in the singular, such a word may also mean plural.
(2)
Where a masculine or impersonal pronoun or adjective is used, such a word may also
mean the feminine or impersonal pronoun or adjective.
(3)
Where a word is used in the present tense, such a word may also mean the future
tense.
(4)
The word "person" includes a corporation as well as an individual.
(5)
The words "shall" and "must" require mandatory compliance except where a variance
has been granted pursuant to the Act or this Bylaw.
(6)
Words, phrases, and terms not defined in this part may be given their definition in the
Act or the Alberta Building Code. Other words shall be given their usual and
customary meaning.
(7)
Where a regulation involves two or more conditions or provisions connected by the
conjunction "and" means all the connected items shall apply in combination; "or"
indicates that the connected items may apply singly; and "and/or" indicates the items
may apply singly or in combination.
(8)
All units of measure contained within this Bylaw are metric (SI) standards, and are
rounded to the nearest decimal place. For the purpose of convenience, the following
conversion factors are provided:
Metric
Imperial
1 square metre (m2)
10.8 square feet (ft2)
1 hectare (ha)
2.47 acres (ac)
1 kilometre (km)
0.6 mile (mi)
1 metre (m)
3.3 feet (ft)
1 centimetre (cm)
0.4 inch (in)
1 millimetre (mm)
0.04 inches (in)
1 kilogram (kg)
2.2 pounds (lb)
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2.2.
DEFINITIONS
(1)
For the purposes of this Bylaw and any amendments made hereto, the definitions set
out in the following shall be used. When no definition is provided hereunder, the
Town's dictionary of choice shall be used.
"Accessory Building" means a structure separate and subordinate to the principal building, the
use of which is incidental to that of the main building and is located on the same parcel of land
(i.e. detached garage, shed, workshop in a residential land use district);
"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. c. 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, railway or reserve land;
"Adult Entertainment" means any building used as "retail" in which books and/or items for
a mature audience are displayed and sold, or a building that shows mature films or live
entertainment.
"Airport" means a site used or intended to be used either in whole or in part for the
arrival and departure or servicing of aircraft, and includes any building, installation or
equipment in connection therewith for which an airport license has been issued by the
Ministry of Transport;
"Agricultural Equipment Sales and Service" means a development used for the retail sale,
repair and maintenance of new or used agricultural equipment.
"Amusement Centre" means a commercial establishment for public entertainment or recreation
that operates for profit or gain including, but not limited to, bowling alleys, theaters, and billiard
parlors. This use excludes adult entertainment.
"Animal Units" means the number of animals contained on a site in accordance with section 9.33
of this Bylaw.
"Appeal Body" means the board hearing a subdivision or development permit appeal in
accordance with the Municipal Government Act.
"Area Redevelopment Plan" means a a plan adopted by the Council as an area redevelopment plan
pursuant to Section 634 and 635 of the Act;
"Area Structure Plan" means a a plan adopted by the Council as an area structure plan pursuant to
Section 633 of the Act;
"Artist's Studio" means a use:
(a)
where art is produced by individuals;
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(b)
may include the instruction of art to individuals or groups;
(c)
may include the sale of art pieces produced by that use.
"Asphalt, Aggregate and Concrete Plant" means a use:
(a)
where rock, gravel, sand and other earth materials must be sorted and stockpiled;
(b)
where rock may be crushed;
(c)
where asphalt may be produced; or
(d)
where cement may be mixed;
(e)
where part of the process associated with the use may be located outside of a
building;
(f)
where there may be conveyor belts, cranes, piping, silos or any other machinery
necessary for the processing of the use;
(g)
that may accommodate the packaging or shipping of the products made as part
of the use; and
(h)
that may have a building for administrative functions associated with the use.
"Assisted Living" means a use:
(a)
that may contain dwelling units;
(b)
that may contain individual rooms having a washroom, bedroom and a sitting
area that accommodates residents;
(c)
where there is one or more communal kitchens and dining rooms;
(d)
where meals may be cooked in a communal kitchen and delivered to a resident
for consumption;
(e)
where there may be limited on-site health care facilities for the exclusive use of
the residents;
(f)
where residents may receive limited human health services from on-site health
care providers;
(g)
where communal social and recreation activities are provided within the
building or outside; and
(h)
that may include a manager's suite and administrative office.
"Auto Body and Paint Shop" means a use where motor vehicle bodies are repaired or painted
within a building;
"Automotive Repair & 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-proofing, brake shops and other
similar uses;
"Automotive Vehicle Sales" means a use:
(a)
where motor vehicles are sold or leased;
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(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.
"Auto Wrecker" means a use:
(a)
where dilapidated vehicles are stored, dismantled or crushed;
(b)
where motor vehicle parts may be sold;
(c)
where motor vehicles in their complete and operable state are not displayed or
sold;
(d)
that may have equipment used for crushing, dismantling or moving motor
vehicle parts;
(e)
that may have a building for administrative functions associated with the use;
(f)
that does not involve the manufacture or assembly of any goods.
"Basement" means that portion of a building that is located wholly or partially below
grade, the ceiling of which does not extend more than 1.83 m (6 ft) above finished
grade.
"Bed & Breakfast" means a use for overnight accommodation to guests within an
owner-occupied single detached dwelling comprising up to four (4) guest rooms but no
cooking facilities in guest rooms where breakfast but no other meals to the guests may
be provided and no liquor is provided to guests.
"Boarding or Lodging House" means a detached dwelling converted for gain or profit containing
rooms for two or more persons where meals may or may not be served, not including the
occupant and his or her immediate family, but does not include a hotel, motel, restaurant, café,
coffee shop, drive-in refreshment stand or other similar use.
"Building" includes anything constructed or placed on, in, over, or under land, but does
not include a primary highway or a public roadway or a bridge forming part of a highway
or public roadway [MGA, Part 17, Section 616(a.1)].
"Building Supply Centre" means a commercial, retail store where building materials, household
accessories and other related goods are stored, offered, or kept for sale and may include outside
storage.
"Bulk Fuel Sales Depot" means a use where fuel for motor vehicles is sold either with or
without an attendant.
"Bus Depot" means a facility providing for the departure and arrival of passengers and freight
carried by bus;
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"C-can" means a specific type of portable storage container which is a metal freight
container that is used for the temporary storage of materials and equipment. See portable
storage container definition;
"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 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.
"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.
"Cemetery" means a use of land or a building for interment of the deceased;
"Clinic" means a use in which medical, dental or other professional healing treatment is
given to human beings.
"Communication Tower" means a structure designed to support antennas for
telecommunications and broadcasting and may include television.
"Community Building or Facility" means a facility or building which is owned or leased by
a community association or group, non-profit organization, or government or corporate
entity for the purposes of public service or public use.
"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.
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"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 in the Agricultural Operations Practices Act (AOPA) through the Natural
Resources Conservation Board (NRCB).
"Contractor's Shop" means a use:
(a)
where people with specific skills in the building or construction trades enter into
contracts to do work off of the premises;
(b)
where all of the functions associated with the use are entirely within a building;
(c)
where products relevant to the trade may be made or partially assembled for
installation off-site;
(d)
where an area, contained within the building, may be used for product display
and sales associated with the use;
(e)
that may have an area to keep supplies related to the trade;
(f)
that may have the administrative functions associated with the use; and
(g)
where the outdoor storage of equipment, tractors, skid-steer, dump trucks,
mechanized lift buckets, cranes, or other equipment is considered as a separate
use defined as storage yard.
"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, within the total gross floor area of the use, a limited seating area
no greater than 30 square metres.
"Corner Site" means a site at the intersection of two or more streets;
"Council" means the Council of the Town of Castor;
"Cultural Establishment" means a development which is available to the public for the
purpose of assembly, instruction, cultural or community activity and include such things
as a library, museum, art gallery and similar activities. Religious institutions are not
included in this category.
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"Day Care Centre" means a use that provides care, development and supervision for 7 or more
children under 13 years of age for less than 24 consecutive hours in each day that the facility is
operating. Day Care Centre's are required to conform with the policies and requirements of
Alberta Children and Youth Services.
"Day Home" means a use:
(a)
that provides care, development and supervision for 6 or less children under 12
years of age, some or all 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)
that is required to conform with the policies and requirements of Alberta
Children and Youth Services and may work independently as a private child care
services facility or as an approved provider with a family day home agency.
"deck" means a flat, floored concrete or wooden structure, usually elevated above grade
level and usually adjoining a dwelling and accessory to the principle residential use or
building. A deck may consist of roofing and means of vertical enclosure, but will not
include any insulation or heating apparatus contained within the structure.
"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 use of the
land or building, or
(d)
a change in the intensity of use of land or a building or an act done in
relation to land or a building that results in or is likely to result in a
change in the intensity of use of the land or building;
[MGA, Part 17, Section 616(b)]
"Development Authority" means:
(a)
a person (or persons) appointed as Development Officer by Bylaw,
(b)
the Municipal Planning Commission appointed by Bylaw;
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 issued pursuant to this land use bylaw
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authorizing the commencement of a development.
"Dilapidated Vehicle" means a vehicle that is incapable of being safely operated, partially or
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 may 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 Alberta Gaming and
Liquor Commission that prohibits minors on the premises at any time;
(c)
that may include the preparation and sale of food for consumption on the
premises;
(d)
must not have any openings , except emergency exits, non-opening
windows or loading bay doors on a façade that faces a residential district
or abuts a lane separating the parcel from a residential district;
(e)
must not have an exterior entrance on a façade that faces a residential
district, unless that façade is separated by an intervening street;
(f)
must not be within 45.72 metres (150 ft.) of a residential district which
must be measured from the building containing the use to the nearest
property boundary of a parcel designated as a residential district;
(g)
Solid screening as determined appropriate by the approving authority for
any residential property.
"Dwelling - Duplex" means a single building containing two dwelling units divided
horizontally, each of which is totally separated from the other by an unpierced ceiling and
floor extending from exterior wall to exterior wall, with each having a separate entrance.
"Dwelling - Manufactured Home" means a transportable factory built residential building
containing one dwelling unit suitable for long term occupancy, designed to be movable,
transported on its own wheels and chassis or other means and arriving at a site ready for
occupancy except for incidental operations such as placement on foundation supports and
connection to utilities. Manufactured homes shall have pitched roofs and eaves and shall
conform to CAN/CSA Z240 MH Series and A277 certified standards;
"Dwelling - Mobile" mobile means a factory constructed detached dwelling unit, with an
integral frame, readily relocatable singly or in double modules. Due to the age of the home
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they do not meet the Canadian Standards Association (CSA) A277 Standard or building code
standards and are not permitted in the Town of Castor;
"Dwelling - Modular Home" means a building containing one dwelling unit, built in a factory
and transported to a site to be permanently installed on a foundation., and which appears
indistinguishable in design and finish from a stick-built house, and does not includes
"housing, manufactured home" or "housing, mobile";
"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 (Apartment)" means a residential building comprising three or more
dwelling units with shared entrances and other essential facilities and services.
"Dwelling - Multiple Unit (Attached Housing)" means a building designed and built to contain
three 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,
townhouses and multiplex units that meet these criteria are considered to be attached housing).
"Dwelling - Accessory" means a dwelling unit which is accessory to other commercial or
industrial development on the parcel and may be for the use of the owner, operator, manager,
or caretaker of the parcel;
"Dwelling - Secondary Suite" means an accessory dwelling unit that is located as part of the
same building as a single detached dwelling that is owner occupied and which meets the
requirements of Section 9.25 and any other applicable requirements or regulations of this Bylaw
and shall only be approved as one of the following:
(a)
Secondary Suite - Attached Above Grade: where the secondary suite is located
above the first storey of a single detached dwelling;
(b)
Secondary Suite - Attached At Grade: Where the Secondary Suite is located at
grade and is attached to the side or rear of a single detached dwelling;
(c)
Secondary Suite - Attached Below Grade: where the Secondary Suite is located
below the first storey of a single detached dwelling;
(d)
Secondary Suite - Accessory building: where the Secondary Suite is a separate
building or as a part of an accessory building and located on the same parcel as a
single detached dwelling.
"Dwelling - Semi-detached" means a building comprised of two dwelling units side by side in
one building with a common party wall which separates vertically, without opening the two
dwelling units throughout the entire structure and each dwelling unit having separate entrances
at grade.
"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
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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;
"Eaveline" means the horizontal line that marks the intersection of the roof and the wall
of a building;
"Equipment and Machinery Sales and Rentals" means a development for the sale and/or
rental of tools, appliances, office machines, light construction equipment or similar items
but not the rental of motor vehicles.
"Exhibition Grounds" means the use of land or building, public or private, for temporary
events including seasonal shows, conventions, conferences, seminars, product displays or
sale of goods, recreation activities, and entertainment functions. This use may include
accessory functions including food and beverage preparation and service for on-premise
consumption.
"Existing" means existing as of the effective date of passage of this Bylaw.
"Extensive Agriculture" means systems of tillage and grazing on large areas of land by the
raising of crops or the rearing of livestock either separately or in conjunction with one another
and includes buildings and other structures incidental to the operation.
"Fabric Covered Building" means a steel-framed, fabric-membrane pre-engineered
building for temporary & permanent industrial, commercial & agricultural applications
including warehouses, equipment storage, manufacturing facilities, barns, stables,
arenas & event centers. All fabric covered buildings shall require the appropriate
building permits to ensure all aspects of the development is in accordance with the
Alberta Safety Codes including appropriate foundation construction and building
anchoring.
"Fence" means a physical barrier constructed to restrict visual intrusion or unauthorized
access or both. This can include, but are not limited to barriers formed by a trellis, louver,
a wooden, metal, plastic or masonry structure, or a combination thereof.
"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;
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"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;
"Floodproofing" means the rendering safe from damage arising from a 1:100 year flood, as
determined by Alberta Environment, through
(a)
the raising of the level of land to a minimum of 0.3 m (0.98 ft.)above that
flood level, or
(b)
the construction and use of buildings with the lowest water entry point 0.3
m (0.98 ft.) above that flood level, or
(c)
any other means as may be considered appropriate by the Development
Authority in consultation with Alberta Environment;
"Front Lot Line" means the boundary dividing the lot from an 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 of 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 business establishment where the bodies of the dead are prepared for
burial or cremation, and where funeral services can be held;
"Golf Course" means an outdoor facility designated primarily for the game of golf. Accessory uses
may include a pro shop, golf driving range or practice facility or both, food service, and other
commercial uses typically associated with a clubhouse facility.
"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 use:
(a)
where social, physical or mental care is provided to six (6) or less persons who
live full time in the facility; and
(b)
that has at least one staff person at the facility at all times.
"Heavy Equipment Assembly, Sales and Service" means the assembly, sales, rental and service of
any heavy vehicle or equipment used in commercial, industrial or agricultural activities;
"Heavy Manufacturing" means the manufacture of products, the process of which generates
fumes, gases, smoke, vapours, vibrations, noise or glare, or similar nuisances that may cause adverse
effects on users of adjacent land;
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"Hedge" means four or more trees or shrubs 6 metres high or less, planted 1 m or less apart,
that forms a continuous, linear screen of vegetation that provides privacy, fencing, wind
breaking, and/or boundary definition. A hedge is not considered a fence.
"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 highest point of a one-slope roof;
(c)
the highest point in the case of a pitched, gambrel, mansard, or
hipped roof;
"Health Care Facility - Hospital" means a service which is means a building and/or site
used for medical care, examination, treatment, surgery and recovery of patients and
which may include an extended stay.
"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 0.28 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 used primarily for sleeping accommodations
and accessory services provided in rooms or suites of rooms which may contain bar/
kitchen facilities.
"Land Use District" means a part of the land use bylaw that prescribes the one or more uses of
land or buildings that are permitted on a parcel of land, with or without conditions and the one
or more uses of land or buildings that may be permitted in the district at the discretion of the
development authority, with or without conditions;
"Landscaped Area" means an area of land made attractive by the use of grass, trees, shrubs,
ornamental planting, fences, walls and associated earthworks but does not include areas occupied
by garbage containers, storage space, parking lots or driveways;
"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 elements:
(a)
Soft landscaping consists of vegetation such as trees, shrubs, vines, hedges,
flowers, and ground cover such as grass or mulch and;
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(b)
Hard landscaping consists of means the use of non-vegetative material, other than
monolithic concrete, asphalt, shale or gravel, as part of a landscaped area and may
include stamped concrete, unit pavers, brick pavers or quarry tile;
"Lane" means a public thoroughfare which provides a secondary means of access to a
Parcel or parcels and is registered in a land titles office;
"Light Manufacturing" means the manufacture of products, the process of which does not
generate fumes, gases, smoke, vapours, vibrations, noise or glare, or other nuisances which
would cause adverse effects on users of adjacent land;
"Loading Space" means a space for parking a commercial vehicle while it is being loaded
or unloaded;
"Lot" means:
(a)
a quarter section;
(b)
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
(c)
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
(d)
a part of a parcel where the boundaries of the part described in
a certificate of title by reference to a plan of subdivision.
"Liquor Store" means a use:
(a)
where alcoholic beverages are sold for consumption off the retail outlet
premises, that has been licensed by the Alberta Gaming and Liquor
Commission;
(b)
must not be located within 300 metres of any other liquor store, when
measured from the closest point of a liquor store to the closest point of
another liquor store;
(c)
must not be located within 150 metres 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;
"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 and may include
home occupations and other accessory uses. All accessory uses shall require
Development Permits.
"Manufactured Home Park Facilities" means uses that are complimentary to a Manufactured
Home Park which may include convenience stores, parking facilities, accessory building, parks and
playgrounds. All facilities shall require Development Permits.
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"Manufactured Home Subdivision" means an area subdivided by registered plan,
containing lots for free-hold or leasehold tenure for the placement of manufactured
homes on permanent foundations;
"Manufacturing, Light" means the creating, fabricating, processing, production,
assembly, or packaging of materials, goods, or products and their distribution, which does
not generate any detrimental impact, potential health or safety hazard or nuisance
factors beyond the boundary of the lot. Light Manufacturing does not include Cannabis
Production Facility.
"Manufacturing, Heavy" means the creating, fabricating, processing, production,
assembly, or packaging of materials, goods, or products and their distribution, which may
generate a detrimental impact, potential health or safety hazard or nuisance beyond the
boundary of the parcel, and may include supplementary warehouse and staging facilities.
Heavy Manufacturing does not include Cannabis Production Facility.
"Municipality" means the area of land contained within the boundaries of the Town of
Castor's corporate limits, as delineated on the Land Use Map, forming part of
this Bylaw.
"Municipal Development Plan" means the Town of Castor Municipal Development Plan
adopted in accordance with Section 632 of the Act;
"Municipal Planning Commission" means the Town of Castor Municipal Planning Commission
established pursuant to Section 626 of the Act;
"Municipal Shop and Storage Yard" means a facility used by a municipality for the storage of
materials used in fulfilling their various functions and the housing and repair of their equipment;
"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.
"Non-Conforming Building" means a building lawfully constructed or lawfully under
construction at the date this Bylaw becomes effective, as required by the Act, and which
does not or will not comply with the requirements of this Bylaw.
"Non-Conforming Use" means a lawful specific use:
(a)
being made of land or a building or intended to be made of a building
lawfully under construction, at the date a land use bylaw or any
amendment thereof affecting the land or building becomes effective,
and
(b)
that on the date the land use bylaw or in the case of a building under
construction will not, comply with the land use bylaw;
"Occupancy Permit" means a document authorizing the use of a development undertaken in
accordance with a development permit issued pursuant to this Land Use Bylaw;
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"Office" means a facility for the provision of professional, management, administrative, consulting
and financial services such as offices for clerical, secretarial, employment, telephone answering and
similar office support services, offices of lawyers or accountants, banks or other financial
institutions, and offices for real estate and insurance firms. Medical clinics are not included in this
category.
"Out-of-School Care Centre" means a use:
(a)
that provides care, development and supervision for 7 or more children under
12 years of age;
(b)
operates before and after school, during the lunch hour or when schools are
closed; and
(c)
operates for less than 24 hours in each day that the facility is operating.
(d)
Out-of-School Care Centres are required to conform with the policies and
requirements of Alberta Children and Youth Services.
"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;
(c)
where landscaping may be required;
"Parks and Playgrounds" means a use:
(a)
where open space is provided for the purposes of recreation;
(b)
that may include playground equipment, benches, landscaping and related
development.
"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 the provision of a service to individuals on a commercial basis, and
includes such services as photographers, travel agencies, beauty salons, and dry cleaners and may
have the incidental sale of products relating to the services provided by the use.
"Portable Storage Container" means a secure, steel/wood structure that is portable in
nature (e.g. Sea Can, cargo container, shipping container etc.). See also "c-can" definition;
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"Principal Building" means a building in which is conducted the main or principal use of the site
on which it is erected;
"Principal Use" means the main purpose for which a building or parcel is used;
"Public or Quasi-public Building, Facilities 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, but does not include a church, school, or
place of public entertainment for which an admission fee is customarily charged. In
addition, it includes a building as defined in the Municipal Government Act in which the
proprietor of the public utility maintains its office or offices or maintains or houses any
equipment used in connection with the public utility.
"Public Roadway" means a highway, local road, service road, street, avenue that provides the
primary access to a parcel of land and that is registered as a public right-of-way in a land titles office;
"Public Utility" means a use to provide for one or more of the following for public consumption,
benefit, convenience or use:
(a)
water or steam;
(b)
sewage disposal;
(c)
public transportation operated by or on behalf of the municipality;
(d)
irrigation works;
(e)
drainage;
(f)
fuel;
(g)
electricity;
(h)
heat;
(f)
waste management;
(j)
telecommunications;
and includes the thing that is provided for public consumption, benefit, convenience or use.
[MGA, Part 17, Section 616(v)]
"Rear Yard" means a yard extending across the full width of a parcel from the rear
foundation of the principal building situated on the parcel to the rear boundary of the
parcel.
"Recreational Vehicle" means a vehicle that provides temporary accommodation for
recreational or travel purposes and includes but is not limited to:
(a)
motor homes;
(b)
travel trailers;
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(c)
fifth wheel travel trailers;
(d)
campers, whether located on a truck or other vehicle or not;
(e)
tent trailers; and
(f)
a trailer used to transport any of the above.
"Recycling Depot" means a building or facility in which recyclable materials are collected, sorted
and then shipped off-site for processing or manufacturing.
"Registered Owner" means
(a)
in the case of land owned by the Crown in right of Alberta or the Crown in right of
Canada, the Minister of the Crown having the administration of the land, or
(b)
in the case of any other land,
(i) the purchaser of the fee simple estate in the land under an agreement for sale
that is the subject of a caveat registered against the certificate of title in the
land and any assignee of the purchaser's interest that is the subject of a caveat
registered against the certificate of title, or
(ii) in the absence of a person described in paragraph (i), the person registered
under the Land Titles Act as the owner of the fee simple estate in the land;
"Renewable Energy System" means the processes, installations and any other structure or
systems which produce electrical power to be used for the on-site and off-site consumption
requirements by alternative means such as, but not limited to;
a)
"Solar-Household" means an active or passive photovoltaic system using solar
panels to collect solar energy from the sun and convert it to energy that is
primarily intended for sole use and consumption on-site by the land owner,
resident or occupant, and does not exceed 5 megawatts.
b)
"Solar-Commercial" means a system using solar technology to collect energy
from the sun and convert it to energy that is intended for off-site consumption
or distribution of the marketplace.
c)
"Geothermal" means a renewable source of energy that employs the use of a
heat pump to warm or cool air by utilizing the constant temperatures of the
earth.
d)
"Wind-Household" means a single wind turbine with rotos(blades) no longer
than 1 metre in diameter for a total of 2 meters and has a maximum tower
height (measured from the ground to the tips of the rotors) to be determined by
the Development Authority. This unit has a nominal Capacity and is located on
the applicant's property
"Residential Care Facility" means a use:
(a)
where social, physical or mental care is provided to five or more persons who
live full time in the facility; and
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(b)
that has at least one staff person at the facility at all times;
(c)
that may have a maximum of 10 residents when located in an R-2 or R-3
Residential Land Use District.
"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 the Alberta Gaming and Liquor
Commission; and
(c)
that may contain a drive-through as a separate use.
"Retail Store" means a building where merchandise is sold or rented to the public in
quantities sufficient only to supply the premises and that may display the items for sale
within the use outside of a building a maximum of 6.0 metres from the public entrance
of the use. This definition does not include Cannabis Retail Sales.
"Reversed Corner Lot" means a residential lot where the front façade of the dwelling is oriented
toward the flankage side of the lot, rather than the front lot line on a corner site.
"School - Private" means a use:
(a)
where an operator other than 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;
(b)
that may have Out-of-School Care uses as defined in this bylaw;
(c)
that may include any buildings and related playing fields and park spaces;
(d)
where other educational programs pursuant to the School Act may be offered to
students;
(e)
that may provide food service to the students and staff; and
(f)
that may provide programs for parental and community involvement.
"School - Public" 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
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(iii)
a society or company named within a charter approved by the Minister
of Education operating a charter school;
(b)
that may have Out-of-School Care uses as defined in this bylaw;
(c)
that may include any buildings and related playing fields and park spaces;
(d)
that may provide food service to the students and staff; and
(e)
that may provide programs for parental and community involvement.
"School - Unconventional" means a use that does not comply with the definitions of a 'School -
Public' or 'School - Private':
(a)
where education curriculum is taught and may include Kindergarten to Grade 12
pursuant to the School Act, post secondary education and/ or skills training:
(b)
that may or may not have conventional hours of operation similar to a school;
(c)
that may include any buildings and related playing fields and park spaces;
(d)
that may provide food service to the students and staff; and
(e)
that may provide programs for parental and community involvement.
"Screening" means a fence, wall, berm, hedge or other barrier providing visual and/or acoustic
separation of sites used to separate areas or functions which detract from the appearance of the
street scene and the view from the surrounding areas;
"Seed Cleaning Plant" means a building for the storage and preparation of seed used in agriculture;
"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; and
(e)
that may incorporate custodial/ security quarters for the facility.
"Seniors Lodge" means a building to provide an appropriate living environment for older adults
who do not need access to unscheduled personal or nursing care. Lodges are provided by lodge
foundations and provide housing, meals, housekeeping, linen/ laundry, recreational programs
and 24-hour safety and security services.
"Sewage Treatment Facility" means a use:
(a)
where sewage is collected or disposed or treated;
(b)
where sewage may be treated in buildings and structures or areas open to the air;
and
(c)
where there may be a building for the administrative functions of the use.
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"Shopping Centre" means a group of commercial establishments planned, owned, developed
and managed as a unit with off-street parking established on the same site and may serve the
needs of the Town and surrounding area.
"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 boundary of the
parcel and the side foundation of the main building.
"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)
"Awning Sign" means a sign inscribed on or affixed flat upon the covering
material of an awning that projects from the face of the building or
structure;
(c)
"Billboard" means a self-supporting sign to which advertising is posted,
glued or otherwise fastened to permit its periodic replacement, the
subject matter of which is not necessarily related to the use or ownership
of the property on which the structure is located;
(d)
"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;
(e)
"Free-standing Sign" means a sign on a standard or column
permanently attached to the ground and which is not connected in
anyway to any building or other structure;
(f)
"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;
(g)
"Roof Sign" means any sign placed on or over a roof;
(h)
"Sandwich Board" means a sign placed only within the frontage area of the
business which is advertised;
(i)
"Third Party Sign" means a sign which directs attention to a local business,
commodity, service or entertainment which is conducted, sold or offered at a
location other than the one on which the sign is located.
(j)
"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;
(k)
"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.
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"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;
"Sight Triangle" means an area at the intersection of two roadways in which all structures, fences,
vegetation and finished ground elevations shall be less than 1 m (3.28 ft.) in height above the
average elevation of the carriageways in order that vehicle operators may see approaching vehicles
in time to avoid collision;
"Solid Waste Transfer Station" means a facility for the collection and temporary holding of solid
waste in a storage container;
"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, trailer or other structure.
"Storage Yard" means a use:
(a)
where goods, motor vehicles or equipment are stored when they are not being
used and may include long term storage where a fee is paid;
(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;
(d)
that does not involve the storage of any derelict vehicles or derelict equipment;
(e)
that does not involve the production or sale of goods as part of the use; and
(f)
that may have a building for the administrative functions associated with the use.
"Structure" means anything constructed or erected, either permanent or temporary, the use of
which requires 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 the Town of Castor Subdivision
and Development Appeal Board established pursuant to Part 17, Division 3 of the
Municipal Government Act;
"Supermarket" means a use:
(a)
where fresh and packaged food is sold;
(b)
where daily household necessities maybe sold;
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(c)
that will be contained entirely within a building;
(d)
that may include a limited seating area no greater than 40 square metres for the
consumption of food prepared on the premises; and
(e)
may include similar uses such as:
(i)
Personal service;
(ii)
Financial Institution;
(iii)
Restaurant;
(iv)
Video Store;
(v)
Pharmacy.
"Supportive Living" means a building to provide residents with a safe, barrier-free environment
in a home-like setting that maximizes their independence and privacy and includes scheduled
and unscheduled personal care such as bathing and dressing, along with housing, meals,
housekeeping, linen/ laundry service, recreation programs, and 24-hour emergency response
services. Unscheduled personal care is provided by health care aides. Professional services like
nursing and rehabilitation services are provided on a scheduled basis through home care;
"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;
"Tourist Information Centre" means the use of a parcel of land or a building to provide
information to the travelling public and may include washrooms and picnic facilities.
"Use" means a building or an area of land and the function and activities therein or thereon;
"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;
(f)
systems for telephone & cable television distribution;
"Veterinary Clinic" means a use:
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(a)
where animals or pets receive medical treatment; and
(b)
that may provide for the incidental sale of products related to the use; and
(c)
includes provision for their overnight accommodation but does not include
kennels, outdoor pens, runs or enclosures;
"Warehousing" means a use:
(a)
where goods are stored and packaged inside a building;
(b)
where goods are transported to and shipped from the use;
(c)
where the building has loading docks and overhead doors;
(d)
that does not accommodate the manufacture of any goods;
(e)
that does not accommodate any display or sales area; and
(f)
that may have administrative functions associated with the use.
"Worship Facility" means any facility used for the purpose of spiritual worship. Examples
may be, but are not limited to churches, temples, mosques, and synagogues;
"Yard" means an open space on the same site as a building and which is unoccupied and
unobstructed from the ground upward except as otherwise provided herein.
All other words and expressions have the meanings respectively assigned to them in
the Municipal Government Act.
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PART III - Administrative Agencies
3.1.
DEVELOPMENT AUTHORITY
(1)
The Development Authority shall exercise development powers and perform duties on
behalf of the municipality in accordance with Section 642 of the Municipal Government
Act and may include:
(a)
Development Officer
(i) The office of the Development Officer is hereby established, by resolution,
to act on behalf of Council in those matters delegated by the Bylaw and in
such matters as Council may instruct from time to time.
(ii) The Development Officer must make available for inspection, during office
hours, all applications and decisions for development permits, subject to
any legislation in force restricting availability.
(b)
Municipal Planning Commission
(i) The Municipal Planning Commission, established by Bylaw in accordance with the
Municipal Government Act, shall perform such duties as are specified in Part III of
this Bylaw.
(c)
Subdivision and Development Appeal Board
(i) The Subdivision and Development Appeal Board, established by Bylaw in
accordance with the Municipal Government Act, shall perform such duties as are
specified in Part IV of this Bylaw.
3.2.
SUBDIVISION AUTHORITY
(1)
The Subdivision Authority, as established by Council, shall perform duties on behalf of the
municipality in accordance with the Municipal Government Act, the Land Use Bylaw and
all relevant Town of Castor planning documents.
3.3.
DEVELOPMENT AUTHORITY - POWERS AND DUTIES
(1)
The Development Authority must administer this Bylaw and decide upon all development
permit applications.
(2)
The types of development permit applications a development authority may
consider in accordance with Section 4.3 are a development permit for:
(a)
a permitted use that complies with all requirements of this Bylaw;
(b)
a permitted use that does not comply with all requirements of this Bylaw;
(c)
a discretionary use that complies with requirements of this Bylaw;
(d)
a discretionary use that does not comply with all requirements of this Bylaw.
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(3)
Unless otherwise referenced in Section 4.4, the Development Authority must not
approve a development permit for an addition or structural alteration to a non-
conforming building.
(4)
The Development Authority must collect fees according to the scale approved by
resolution of Council.
(5)
The Development Authority may refuse to accept a development permit
application where:
(a)
the information required by Section 4.3 is not provided;
(b)
the quality of the information provided is inadequate to properly evaluate the
application; or
(c)
the fee for a development permit application has not been paid.
3.4.
SUBDIVISION AUTHORITY - POWERS AND DUTIES
(1)
The Subdivision Authority shall:
(a)
keep and maintain for the inspection of the public copies of all decisions and ensure
that copies of same are available to the public at a reasonable charge;
(b)
keep a register of all applications for subdivision, including the decisions therein
and the reasons therefore;
(c)
receive all complete applications for subdivision including the required application
fees and decide upon all applications in accordance with the Subdivision and
Development Regulation and Land Use Bylaw with consideration of all comments
received through circulation and the recommendations of the Municipal Planning
Commission;
(d)
On receipt of an application for subdivision, review to ensure sufficient information
is provided to adequately evaluate the application in accordance with Part 1 of the
Subdivision and Development Regulation;
(e)
Excepting subdivision applications not requiring circulation under the Municipal
Government Act to circulate applications for subdivision for comments to those
authorities and agencies as prescribed within the Subdivision and Development
Regulation and this Land Use Bylaw and all comments to be added to the
subdivision report;
(f)
Excepting subdivision applications not requiring circulation under the Municipal
Government Act, to circulate applications for subdivision for comments to the
County of Paintearth when the original parcel boundaries are adjacent to the
municipal boundary or where an intermunicipal development plan requires or, at
the discretion of the subdivision authority, where a subdivision application is not
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adjacent to the municipal boundary but has potential for land use impacts within
the County of Paintearth;
(g)
Excepting subdivision applications not requiring circulation under the Municipal
Government Act, the Subdivision Authority may proceed with processing of the
application after thirty (30) days from the date of referral to authorities, agencies or
landowners whether or not comments have been received;
(h)
prepare a subdivision report including all relevant information to the application,
recommendations and any comments received from circulated agencies and review
with the Municipal Planning Commission for municipal recommendations;
(i)
prepare, sign and transmit all notices of decision to the relevant agencies in
accordance with the Subdivision and Development Regulation;
(j)
ensure all conditions are complied with prior to endorsement to the satisfaction of
the municipality;
(k)
endorse Land Titles instruments to effect the registration of the subdivision of land;
(l)
advise the Council, Municipal Planning Commission and Appeal Body on matters
relating to the subdivision of land;
(m)
appear before the Appeal Boady where appeals are made on subdivision
application decisions.
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PART IV - Development Permit Application
4.1.
CONTROL OF DEVELOPMENT
(1)
This Section does not negate the requirement of obtaining all required permits, as
applicable, under the Safety Codes Act or any other Provincial or Federal statute.
(2)
This Section does not negate the requirement of obtaining a business license where
required.
(3)
No development other than those designated in Section 4.2 shall be undertaken within
the Municipality unless a development permit application for it has been approved and
issued.
4.2.
DEVELOPMENT PERMIT NOT REQUIRED
(1)
The following developments do not require a development permit if all requirements of
the Land Use Bylaw are met:
(a)
The carrying out of works of maintenance or repair to a building provided that such
works:
(i) do not include structural alterations;
(ii) do not change the use of the structure.
(b)
The completion of a building which could be prohibited by this Bylaw, but was
lawfully begun on or before the date of the first official notice of this Bylaw
provided that the building:
(i) is completed within 12 months of the notice; and
(ii) complies with any development permit issued for it.
(c)
The use of any such building as is referred to in subsection (2) for the purpose for
which construction was commenced;
(d)
The erection, the construction, or the maintenance of gates, fences, walls, or other
means of enclosure in accordance with Section 9.3.
(e)
The erection or construction or replacement of one (1) garden/tool shed per site,
which does not exceed 13.4 m2 (144 ft.2.) in floor area and 2.5 m (8 ft.) in height;
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(f)
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;
(g)
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;
(h)
The use of a building or part thereof as a temporary polling station for a Federal,
Provincial, or Municipal election, referendum or plebiscite;
(i)
The construction, maintenance and repair of private walkways, pathways,
driveways, and similar works;
(j)
The placement of signs that:
(i) Are for the purpose of identification, direction and warning, not exceeding
0.9 m2 (10 ft.2) and limited to one sign per parcel;
(ii) A portable sign or notice, relating to the sale or lease of land or buildings,
sale of goods or livestock by auction, carrying out of construction, or the
announcement of any local event of a religious, educational, cultural,
political, or governmental nature not exceeding 3.0 m² (32.29 sq. ft.) and
limited in display to the period of completion of the sale, lease,
construction or event,
(iii) Related to the function of Local Authorities and Utilities Boards; and
(iv) Relate to a Home Occupation and which do not exceed 0.28 m2 (3 sq. ft.)
and are fixed to the principal or accessory building.
(11)
An official notice, sign, placard or bulletin required to be displayed pursuant to
provisions of Federal, Provincial or Municipal Legislation;
(12)
Utilities installed or constructed within a street or a utility right-of-way;
(13)
the Town's use of land which it either owns or has an equitable interest in for a
purpose approved by Council for a public utility or public utility building as
required to provide utility services within the municipality;
(14)
the following projects carried on by, or on behalf of, the Town:
(i) roads, traffic management projects
(ii) water, sewer and storm water lines and facilities; and
(iii) landscaping projects, parks, outdoor public recreation facilities and street
furniture.
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4.3.
APPLICATION FOR A DEVELOPMENT PERMIT
(1)
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)
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) any provisions for off-street loading and vehicle parking, including all access
and exit points to the site; and
(v) the position and distances of any existing building, roads, water bodies,
trees or other physical features on the land to be developed.
(b)
floor plans, elevations, grading and drainage plans and sections in duplicate and an
indication of the exterior finishing materials and colour if required by the
Development Authority;
(c)
pictures of the interior and exterior of an existing building that is proposed to be
moved on to a parcel within the Town of Castor;
(d)
a statement of the proposed use or uses;
(e)
a statement of ownership of land and the interest of the applicant therein;
(f)
the estimated commencement and completion dates;
(g)
the estimated cost of the project or contract price;
(h)
the development permit fee as prescribed by Council;
(i)
a surveyor's certificate or real property report if required by the Development
Officer;
(j)
written agreement of the registered land owner(s) of the property with regard to
the proposed development;
(k)
Damage Deposits:
(i) 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.
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(ii) The damage deposit shall be used by the Town of Castor 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. If there is existing damage, it shall be reported to the Town of
Castor, before the work commences.
(iv) Rough landscaping (spreading of topsoil) must be completed before the
damage deposit is refunded.
(v) The property owner or agent is responsible to have the necessary
improvement cleared and visible for the initial and final inspection by the
Town.
(vi) The property owner or agent shall apply to the Town Office for the refund
of the damage deposit.
(vii) When an application is made, the Town 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.
(x) Damage deposits cannot be transferred to another property.
(l)
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.
4.4.
DECISION PROCESS - DEVELOPMENT AUTHORITY
(1)
In making a decision, the Development Authority may approve the application
unconditionally, approve the application subject to conditions, approve the application
for a limited period of time as specified in the approval, or refuse the application.
(2)
The Development Authority may require that as a condition of issuing a development
permit, the applicant enter into an agreement in accordance with Section 650 of the
Municipal Government Act to construct or pay for the construction of roads, pedestrian
walkways or parking areas which serve the development or which connect the walkway
with another walkway system that serves or is proposed to serve an adjacent
development, to install or pay for the installation of public utilities other than
telecommunications systems or works, to pay an off-site levy, and/or to give security to
ensure that the terms of the agreement are carried out.
(3)
In the case where a proposed specific use of land or a building is not provided for in any
District in the Bylaw, the Development Authority may determine that such use is similar in
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character and purpose to the definition of a permitted or discretionary use prescribed for
a particular District.
(4)
The Development Authority may approve an application for a development permit for
new development or an application for a development permit that authorizes a non-
conforming building to be enlarged, added to, structurally altered even though the
proposed development does not comply with the regulations of this Bylaw, if, in the
opinion of the Development Authority:
(a)
the proposed development would not: (i) unduly interfere with the amenities of the
neighbourhood, or (ii) materially interfere with or affect the use, enjoyment or
value of neighbouring parcels of land, and
(b)
the proposed development conforms to the use prescribed for that land or building
in this Bylaw.
(5)
Upon receipt of an application, the Development Authority must review the application
for completeness within 20 days of the application being received. The Development
Authority shall provide the applicant either:
(a)
A complete letter, if in the opinion of the Development Authority, the application
contains the information necessary to review the application;
(b)
An incomplete letter if in the opinion of the Development Authority, the application
is incomplete. An incomplete letter shall specify:
i.
the additional information that the Development Authority will require
in order for the application to be considered complete;
ii.
the deadline for submission of the additional information or at such
other later date as agreed between the applicant and the
Development Authority; and
iii.
any other information identified as being necessary by the
Development Authority
(c)
Applications that have been issue an incomplete letter, will be
i.
Issued a complete letter shall be issued once the Development
Authority receives the necessary information.
ii.
deemed refused if an applicant fails to submit all the outstanding items
indicated as being outstanding in the incomplete letter by the deadline
set in the incomplete letter, If an application is deemed refused the
Development Authority shall issue a Development Permit refusal. The
refusal must give reasons for the refusal.
(d)
Despite the issuance of a complete letter or incomplete letter, the Development
Authority may request additional information from the applicant if, in the course of
reviewing the application, the Development Authority determines that additional
information is necessary to review the application.
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(6)
An application for a development permit shall, at the option of the applicant, be deemed
to be refused if a decision on the application is not made by the Development Authority
within forty (40) days after receipt of the complete application by the Development
Authority. The person claiming to be affected by the deemed refusal may appeal in
writing as provided for in Part 4 of this Bylaw as though he has received a refusal at the
end of the forty (40) day period. The Development Authority and the applicant, may in a
written agreement extend the 40 day period in which the Development Authority is to
make a decision on the application.
(7)
A Development Authority may suspend or revoke a development permit in writing to the
applicant at any time:
(a)
Where the permit was issued on the basis of incorrect information, fraud, non-
disclosure, or misrepresentation on the part of the applicant; or
(b)
Where the permit was issued in error.
(8)
If an application is made for a development that is identified as a temporary development
in a land use bylaw, the Development Authority:
(a)
May consider and approve a development for a specific period of time, not
exceeding one year;
(b)
Shall impose a condition on such a permit that the Town is not liable for any costs
involved in the cessation or removal of the development at the expiration of the
time period stated in the permit; and
(c)
May require the applicant to post acceptable security guaranteeing the cessation or
removal of the development. The amount of the security shall the greater of 25% of
the value of the structure or $1,000.
(d)
Applicant is solely responsibility to request extension or renewal.
4.5.
DECISION PROCESS - SUBDIVISION AUTHORITY
(1)
Upon receipt of an application for subdivision, the Subdivision Authority must review the
application for completeness twenty (20) days of the application being received. The
Subdivision Authority shall provide the applicant either:
(a)
A complete letter, if in the opinion of the Subdivision Authority, the application
contains the information necessary to review the application;
(b)
An incomplete letter if in the opinion of the Subdivision Authority, the application is
incomplete. An incomplete letter shall specify:
i.
the additional information that the Subdivision Authority will require in
order for the application to be considered complete;
ii.
the deadline for submission of the additional information or such other
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later date as agreed between the applicant and the Subdivision
Authority; and
iii.
any other information identified as being necessary by the Subdivision
Authority
(c)
Applications that have been issue an incomplete letter, will be
i.
Issued a complete letter once the Subdivision Authority receives the
necessary information.
ii.
deemed refused if an applicant fails to submit all the outstanding items
indicated as being outstanding in the incomplete letter by the deadline
set in the incomplete letter. If an application is deemed refused the
Subdivision Authority shall issue a notice to the applicant that the
subdivision application has been refused. The refusal must give
reasons for the refusal.
(d)
Despite the issuance of a complete letter or incomplete letter, the Subdivision
Authority may request additional information from the applicant if, in the course of
reviewing the application, the Subdivision Authority determines that additional
information is necessary to review the application.
(2)
An application for a subdivision shall, at the option of the applicant, be deemed to be
refused if a decision on the application is not made by the Development Authority within
forty (40) days after receipt of the complete application by the Development Authority.
The person claiming to be affected by the deemed refusal may appeal in writing as
provided for in Part 4 of this Bylaw as though he has received a refusal at the end of the
forty (40) day period. The Development Authority and the applicant, may in a written
agreement extend the 40 day period in which the Development Authority is to make a
decision on the application.
4.6.
APPLICATION FOR RELAXATION/ VARIANCE OF BYLAW REQUIREMENTS
(1)
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.
(2)
The development officer, at its discretion, may relax the development standards within
residential land use districts of up to 10% of the Land Use Bylaw requirement or defer a
decision on a relaxation request to the Municipal Planning Commission;
(3)
The Municipal Planning Commission at its discretion may relax the development
standards in any land use district up to 20%;
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(4)
Notwithstanding Subsection (3) above, the Municipal Planning Commission or Subdivision
Authority at its discretion, may relax the development standards beyond 20% in the
following cases in accordance with the test for a relaxation as follows:
(a)
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
(b)
the proposed development conforms with a use prescribed by this Bylaw for that
land or building;
(c)
conformance to the purpose and intent of the Land Use District;
(d)
whether granting the relaxation would make the proposed development
incompatible with existing developments or uses;
(e)
take into consideration the future land uses of the parcel and surrounding area as
depicted in any adopted statutory plan or policy affecting the site including the
Future Land Use Map as part of the Municipal Development Plan.
(5)
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.
(6)
All requests for a variance shall be accompanied by a letter from the applicant clearly
stating the reasons for the variance, outlining the applicable criteria identified in 4.6(3),
and the nature of the hardship incurred if the variance is not granted.
(7)
If a variance is granted pursuant to this Section, the Development Authority shall specify
its nature in the Development Permit approval.
4.7.
APPLICATIONS THE DEVELOPMENT AUTHORITY MUST REFUSE
(1)
The Development Authority must refuse a development 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;
(b)
is for a use containing a restriction in its definition that is not met by the proposed
use.
4.8.
DEVELOPMENT PERMIT REFERRALS & NOTICES
(1)
Development Permit Application Referrals:
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(a)
Upon receipt of a complete application for development of a use listed as a
Discretionary Use or that requires a variance, the Development Authority may, at
their discretion, provide written notice to all adjacent landowners or a greater
circulation area if potential for conflict is deemed to be probable;
(b)
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;
(c)
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;
(d)
After a minimum 21 days from the date of referral to any department/individual
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;
(e)
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 variance and the extent of the
circulation area;
(f)
In cases where the Development Officer has rendered a decision, this decision shall
be circulated to the Municipal Planning Commission for their information.
(2)
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 Appeal Body
within the 21 day appeal period. 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 IV of this Bylaw, a development permit
which has been granted shall not come into effect until the appeal has been
determined. The Appeal Body may approve or refuse the permit application in
accordance with the Municipal Government Act and Part IV of this Bylaw.
(d)
When a Development Permit has been granted, the following notification
procedures shall be followed:
(i) 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;
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(ii) 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;
(iii) 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
(iv) a notice, in writing, shall be immediately mailed to all adjacent landowners
and to all registered owners of land who, in the opinion of the Developer
Officer, may be affected; and/or
(v) 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) the application for a development permit contains a misrepresentation;
(ii) facts have not been disclosed which should have been disclosed at the time
of consideration of the application for the development permit; or
(iii) the development permit was issued in error;
(iv) the requirements or conditions of the development permit have not been
complied with; or
(v) 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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PART V - Bylaw Amendment Process
5.1.
APPLICATION TO AMEND THE LAND USE BYLAW
(1)
A person may apply to have this Bylaw amended, by applying in writing and furnishing
reasons in support of the application.
(2)
Council may at any time initiate an amendment to this Bylaw by directing the
Development Officer to initiate an application therefore.
(3)
All applications for amendments of this Bylaw shall be made using the approved form,
accompanied by:
(a)
the fee determined by resolution of Council;
(b)
a statement of the applicant's interest in the land;
(c)
A title search for the land affected or other documents satisfactory to the
Development Authority indicating the applicant's interest in the said land;any
drawings, plans or maps required by the Development Officer; and
(d)
any documents as required by the Development Officer.
(4)
All amendments to this Land Use Bylaw shall be made by Council by bylaw and in
accordance with the procedures set forth in the Act and regulations.
(5)
The Council, in considering an application for an amendment to this Land Use Bylaw, shall
refer a copy of the proposed amendment to any agencies it considered necessary, including
but not limited to:
(a)
Palliser Regional Municipal Services for comment,
(b)
the County of Paintearth if, the proposed amendment
(i) affects land on the boundary with the County of Paintearth, or
(ii) may otherwise have an effect on the County of Paintearth,
and
(c)
such other persons or agencies as it considers necessary for comment.
Prior to the public hearing for verbal or written comments that shall be presented at the
public hearing.
(6)
Council may request additional information as it deems necessary to reach a decision
on the proposed amendment.
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(7)
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 twelve months from the date of the refusal.
5.2.
PUBLIC HEARING PROCESS
(1)
All amendments to this Bylaw shall be made by Council, by Bylaw, and in conformity
with the requirements of the Act with regard to the holding of a Public Hearing.
(2)
Prior to any Public Hearing, the Town shall give notice in accordance with the Act.
(3)
First reading of a proposed amendment is given before the Public Hearing, and
Council may require that the applicant pay a fee for advertising according to the
governing Land Use Bylaw advertising fee schedule as amended from time to time by
resolution of Town.
(4)
Prior to any Public Hearing for a site specific land use bylaw amendment only, the
Development Authority shall mail a notice in writing to all owners of land adjacent to
the subject site.
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Part VI - Appeals
6.1.
DEVELOPMENT APPEAL PROCEDURE
(1)
An appeal with respect to a decision on a development permit application is governed
by the Municipal Government Act.
(2)
An appeal may be made to the appropriate Appeal Body in accordance with the
Municipal Government Act.
(3)
Where a Development Permit is issued within a Direct Control District the appeal may
be limited in accordance with the Municipal Government Act.
(4)
The Appeal Body must ensure the notice of a hearing of an appeal to the Appeal Body
is published at least five days prior to the date of the hearing.
(5)
If the decision of the Development Authority to refuse a development permit is
reversed by the Appeal Body, the Development Authority must endorse the
development permit in accordance with the decision of the Appeal Body.
(6)
If the decision of the Development Authority to approve a development permit
application is reversed by the Appeal Body, the development permit is null and void.
(7)
If a decision of the Development Authority to approve a development permit is
upheld by the Appeal Body, the Development Authority must approve the
development permit.
(8)
If any decision of the Development Authority is varied by the Appeal Body, the
Development Authority must endorse a development reflecting the decision of the
Appeal Body and act in accordance with that decision.
6.2.
SUBDIVISION APPEAL PROCEDURE
(1)
An appeal with respect to a decision on a subdivision application is governed by the
Municipal Government Act.
(2)
An appeal may be made to the appropriate Appeal Body in accordance with the
Municipal Government Act.
(3)
The Appeal Body must ensure the notice of a hearing of an appeal to the Appeal Body
is published at least five days prior to the date of the hearing.
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(4)
If the decision of the Subdivision Authority to refuse a subdivision application is
reversed by the Appeal Body, the Subdivision Authority must endorse the subdivision
application in accordance with the decision of the Appeal Body.
(5)
If the decision of the Subdivision Authority to approve a subdivision application is
reversed by the Appeal Body, the subdivision application is null and void.
(6)
If a decision of the Subdivision Authority to approve a subdivision application is
upheld by the Appeal Body, the Subdivision Authority must approve the development
permit.
(7)
If any decision of the Subdivision Authority is varied by the Appeal Body, the
Subdivision Authority must endorse a subdivision reflecting the decision of the Appeal
Body and act in accordance with that decision.
6.3.
APPEAL HEARING FOR SUBDIVISION AND DEVELOPMENT APPEALS
(1)
Within 30 days of receipt of a notice of appeal, the Appeal Body shall hold a appeal
hearing respecting the appeal.
(2)
The Appeal Body shall give at least 5 days notice in writing of the public hearing to:
(a)
the appellant;
(b)
The Development Officer, the Municipal Planning Commission 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 under Section 12 and any other person
who in the opinion of the Appeal Body, is affected by the order, decision or permit;
(d)
Palliser Regional Municipal Services;
(e)
such other persons as the Appeal Body specifies.
(3)
The Appeal Body shall make available for public inspection before the commencement of
the public hearing, a copy of all relevant documents and materials respecting the appeal,
as they become available, subject to Section 217 of the Act, including:
(a)
the application for the development permit, its refusal and the notice of appeal; or
(b)
the order of the Development Officer under Section 7.1, as the case may be.
(4)
At the appeal hearing referred to in subsection (1), the Board shall hear:
(a)
the appellant or any person acting on the person's behalf;
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(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 person's behalf; and
(d)
any other person who claims to be affected by the order, decision or permit and
that the Appeal Body agrees to hear or a person acting on the person's behalf.
6.4.
APPEAL DECISION
(1)
The Appeal Body shall give a written decision together with reasons for the decision
within 15 days of the conclusion of the hearing;
(2)
If the decision of the Development Authority to approve a development permit
application is reversed by the Appeal Body, the development permit shall be null and
void.
(3)
If the decision of the Development Authority to refuse a development permit
application is reversed by the Appeal Body, the Development Authority shall forthwith
issue the development permit in accordance with the decision of the Appeal Body.
(4)
A decision made under this part of the Bylaw is by the Appeal Body and is subject only to
an appeal upon a question of jurisdiction or law pursuant to Section 688 of the Municipal
Government Act. An application for leave to appeal to the Court of Appeal shall be made:
(a)
to a judge of the Court of Appeal; and
(b)
within 30 days after the issue of the order, decision, permit, or approval sought to
be appealed.
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PART VI - Enforcement
7.1.
ORDERS OF COMPLIANCE / STOP ORDER
(1)
Where the Development Officer finds a development or use of land or building is not in
accordance with:
(a)
Part 17 of the Act or the regulations under that part of the Act;
(b)
a development permit or subdivision approval;
(c)
this Bylaw; or
(d)
an order, decision or permit of the Appeal Body.
the Development Authority may, by notice in writing, order the registered owner, the
person in possession of the land or buildings or the person responsible for the
contravention or all or any of them to:
(e)
stop the development or use of the land or buildings in whole or in part as directed
by the notice; or
(f)
demolish, remove or replace the development; or
(g)
take such other measures specified in the notice so that the development or use of
the land or buildings is in accordance with Part 17 of the Municipal Government
Act, the regulations under Part 17, a development permit, subdivision approval or
this Bylaw, as the case may be, within the time period set out in the notice.
(2)
A person who receives an order referred to in Subsection (1) may appeal to the Appeal
Body in accordance with Part IV of this Bylaw.
7.2.
ENFORCEMENT
(1)
Where a person fails or refuses to comply with an order directed under Section 7.1, or an
order of the Appeal Body under Section 687(3)(c) of the Act within the time specified, the
Council or a person appointed by it may, in accordance with Sections 545 and 646 of the
Municipal Government Act, enter upon the land or building and take such action as is
necessary to carry out the order.
(2)
Where the Council or a person appointed by it carries out an order under Section 7.1, the
Council shall cause the costs and expenses incurred in carrying out the order to be added
to the tax roll of the parcel of land and the amount:
(a)
is deemed for all purposes to be a tax imposed under the Act from the date it was
added to the tax roll; and
(b)
it forms a special lien against the parcel of land in favour of the Municipality from
the date it was added to the tax roll.
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(3)
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.
(4)
A Development Authority may suspend or revoke a development permit which has
not been complied with, following notification, stating the reasons for such action.
(5)
For the purpose of entering or inspecting land or buildings described in Sections 542 and
646 of the Act, the Development Officer is hereby declared to be a "designated officer".
(1)
Violation Tickets:
(a)
The Peace Officer, Bylaw Officer for the purposes of this section, may issue a
violation ticket to any person alleged to have breached any provision of this
Bylaw.
(b)
The violation ticket shall specify the alleged offence committed by the person to
whom the violation ticket is issued and require voluntary payment, or the
option of a court appearance on a date specified, and will be dealt with
thereafter at the court's discretion.
(c)
Persons contravening any provision of this Bylaw to whom violation tickets are
issued shall be liable for a penalty of $500.00 for a first offence and $1000.00
for a second or subsequent offence within the same calendar year. Each day
that a breach of the Bylaw has occurred may be considered to be a separate
offence.
(d)
The violation ticket shall be served upon the alleged offender personally, or if
the defendant cannot be conveniently found, by leaving it for the defendant at
the defendants place of residence with a person on the premises who appears
to be at least 18 year of age. If payment is made within the time limit, then such
payment shall be accepted in lieu of prosecution for the offence.
(e)
If a person who has been served with a violation ticket fails to pay the fine
specified therein, then the right of the alleged offender to settle the alleged
offence without a court appearance shall no longer apply and prosecution for
the alleged offence shall proceed.
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PART VII - Land Use Districts
8.1.
DISTRICTS
(1)
For the purpose of this Bylaw, the Town of Castor is divided into the following districts.
R-1
- Low Density Residential District
R-2
- General Residential District
R-3
- Multiple Unit Residential District
RE
- Residential Estates District
MHP
- Manufactured Home Park District
MHR
- Manufactured Home Residential District
C-1
- Central Commercial District
HWY-C - Highway Commercial District
I
- Industrial District
CS
- Community Service District
UR
- Urban Reserve District
DC
- Direct Control District
Overlay Districts:
HHV
- Hospital Helipad Vicinity Overlay District
8.2.
DISTRICT BOUNDARIES
(1)
The locations and boundaries of the land use districts are shown on the Land Use District
Map, which forms Part VIII of this Bylaw.
(2)
The locations of boundaries shown on the Land Use District Map shall be governed by the
following rules:
(a)
Where a boundary is shown as following a street, lane, stream or canal, it shall be
deemed to follow the centre line thereof.
(b)
Where a boundary is shown as approximately following a lot line, it shall be deemed
to follow the lot line.
(c)
In circumstances not covered by Section 8.2(2)(a) and Section 7.2.(b) the location of
the district boundary shall be determined:
(i) using any dimensions given on the map; or
(ii) where no dimensions are given, measurement using the scale shown on the
map.
(3)
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:
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(i) in a manner consistent with the provisions of this Bylaw; and
(ii) with the appropriate degree of detail required.
(4)
The location of a district boundary, once fixed, shall not be altered except by an
amendment to this Bylaw.
(5)
The Council shall keep a list of its decisions fixing the locations of district boundaries.
(6)
In addition to the provisions for development as contained under each Land Use District,
the General Land Use Regulations listed in Part VII of the Land Use Bylaw shall apply to all
development.
8.3.
DIRECT CONTROL DISTRICTS
(1)
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.
(2)
Direct Control Districts may not be substituted for any other land use district if the same
outcome can occur in that land use district.
(3)
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.
(4)
Appeals within a Direct Control District shall be in accordance with Section 641 of the Act
and Part IV of this Bylaw.
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8.4.
R-1 - LOW DENSITY RESIDENTIAL DISTRICT
(1)
Purpose
The purpose of this district is to provide for low-density residential development in the
form of single-detached housing connected to the municipal sanitary and water systems.
(2)
Permitted Uses
- Accessory building
- Dwelling - Single-detached
- Permitted signs
- Parks and Playgrounds
(3)
Discretionary Uses
- Accessory Use
- Bed and Breakfast
- Day Home
- Dwellings - greater than single-detached existing at the date of passage of this
Land Use Bylaw
- Dwelling - Modular
- Dwelling - Moved on
- Dwelling - Ready-to-move
- Dwelling - Secondary Suite
- Group Home
- Home occupation
- Mechanized excavation stripping and grading
- Parking facilities for uses in this District
- Public and quasi-public buildings, facilities and installations
- Public Utility
- Renewable Energy System: Solar- Household
- Renewable Energy System: Geothermal
- Renewable Energy System: Wing- Household
- Worship Facility
(4)
Minimum Requirements
(a)
Site Area:
(i) Interior parcels
450 m² (4,843.92 sq.ft.)
Corner parcels
500 m² (5,382.13 sq.ft.)
For all residential dwellings
(ii) Other uses at the discretion of the Municipal Planning Commission.
(b)
Lot Width:
(i)
12.2 m (40 ft.) for a single-detached dwelling;
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(ii)
Other uses at the discretion of the Municipal Planning
Commission.
(c)
Front Yard:
(i)
6.0 m (20 ft.) for dwellings;
(iii) Other uses at the discretion of the Municipal Planning
Commission.
(d)
Side Yard:
(i)
1.5 m (5 ft.) for dwellings;
(ii)
4.5 m (15 ft.) for a single-detached dwelling with the front
facade abutting the flanking street on corner lots (reversed
corner lot);
(iii)
Accessory buildings shall be sited in accordance with Section
39 of the Land Use Regulations of this bylaw;
(iv)
Other uses at the discretion of the Municipal Planning
Commission.
(e)
Rear Yard:
(i)
7.5 m (25 ft.) for principal buildings;
(ii)
Accessory buildings shall be sited in accordance with Section
39 of the Land Use Regulations of this bylaw.
(f)
Gross Floor Area:
(i)
93 m2 (1,000 sq. ft.) for one-storey and split-level dwellings.
(5)
Maximum Limits
(a)
Height
(i)
10.6 m (35 ft.) for principal buildings and shall not exceed 2.5
storeys;
(ii)
4.5 m (15 ft.) for accessory buildings;
(iii)
Other uses at the discretion of the Municipal Planning
Commission.
(b)
Site Coverage
(i)
40% for single-detached dwellings;
(ii)
55% for single-detached dwellings with an attached garage
(iii)
15% for accessory buildings;
(iv)
Total site coverage including accessory buildings and
structures shall not exceed 55%;
(v)
Other uses at the discretion of the Municipal Planning
Commission.
(c)
Lot Width:
(i)
24.4 m (80 ft.) for all dwellings.
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(6)
Off-Street Parking
Off-Street Parking shall be provided in accordance with Section 9.6.
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8.5.
R-2 - GENERAL RESIDENTIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for residential neighborhoods in
which a variety of housing types may be permitted including lower density multiple unit
development that are connected to the municipal sanitary and water services.
(2)
Permitted Uses
- Accessory building
- Day Home
- Dwelling - Duplex
- Dwelling - Modular
- Dwelling - Semi-detached
- Dwelling - Single-detached
- Permitted signs
- Parks and Playgrounds
(3)
Discretionary Uses
- Accessory Use
- Bed and Breakfast
- Boarding or Lodging House
- Convenience Store
- Dwelling - Moved on
- Dwelling - Multiple Unit (Apartment) - up to four dwelling units
- Dwelling - Multiple Unit (Attached Housing) - up to four dwelling units
- Dwelling - Secondary suite in single-detached dwelling only
- Group Home
- Home occupation
- Out-of-School Care Centre
- Public and quasi-public buildings, facilities and installations
- Public Utility
- Renewable Energy System: Solar- Household
- Renewable Energy System: Geothermal
- Renewable Energy System: Wing- Household
- Worship Facility
(4)
Minimum Requirements
(a)
Site Area:
(i)
Single-detached dwelling, duplex or group home:
Interior parcels
375 m² (4,036.60 sq.ft.)
Corner parcels
420 m² (4,521.00 sq.ft.)
(ii)
Semi-detached dwelling (per unit):
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Interior parcels
235 m² (2,529.60 sq.ft.)
Corner parcels
280 m² (3,014.00 sq.ft.)
(iii)
228.0 m2 (2,454 sq. ft ) for each unit in a semi-
detached dwelling;
(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;
(v)
Other uses at the discretion of the Municipal Planning
Commission.
(b)
Lot Width:
(i)
12.2 m (40 ft.) for a single-detached dwelling;
(ii)
15.2 m (50 ft.) for a duplex;
(iii)
7.6 m (25 ft.) for each unit in a semi-detached
dwelling;
(iv)
6.1 m (20 ft.) for interior units and 7.6 m (25 ft.) for
end units for attached housing;
(v)
18.3 m (60 ft.) for apartment buildings;
(vi)
Other uses at the discretion of the Municipal Planning
Commission.
(c)
Front Yard:
(i)
6.0 m (20 ft.) for all dwellings excepting dwelling-multiple
unit;
(ii)
7.5 m (25 ft.) for dwelling-multiple unit;
(iii)
Other uses at the discretion of the Municipal Planning
Commission.
(d)
Side Yard:
(i)
1.5 m (5 ft.) for dwellings excepting dwelling-multiple
unit (apartments);
(ii)
3 m (9.84 ft.) for dwelling-multiple unit (apartment)
or 6 m (19.69 ft.) where the side yard adjoins a public
roadway
(iii)
2.1 m (7 ft.) for dwellings having a principal entrance
provided from a side yard;
(iv)
4.5 m (15 ft.) for dwellings with the front façade
abutting the flanking street on corner lots;
(v)
Accessory buildings shall be sited in accordance with
Section 9.4 of the General Land Use Regulations of
this bylaw;
(vi)
Other uses at the discretion of the Municipal Planning
Commission.
(e)
Rear Yard:
(i)
6.1 m (20 ft.) for principal buildings; and
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(ii)
Accessory buildings shall be sited in accordance with
Section 9.4of the General Land Use Regulations of this
Bylaw.
(f)
Gross Floor Area:
(i)
79 m2 (850 sq. ft.) for single-detached dwellings;
(ii)
75 m2 (807 sq. ft.) for semi-detached and attached
housing units;
(iii)
56 m2 (600 sq. ft.) for each dwelling unit in a duplex;
(iv)
650 m2 (7,000 sq. ft ) for apartment buildings;
(v)
Other uses at the discretion of the Municipal Planning
Commission.
(5)
Maximum Limits
(a)
Height:
(i)
10.6 m (35 ft.) for principal buildings and shall not exceed 2.5
storeys;
(ii)
4.5 m (15 ft.) for accessory buildings;
(iii)
Other uses at the discretion of the Municipal Planning
Commission.
(b)
Site Coverage
(i)
40% for single-detached dwellings, semi-detached
dwellings, duplexes, and attached housing;
(ii)
55% for single-detached dwellings with an attached
garage;
(iv)
75% for Dwelling-Multiple Unit (Apartment)
(iii)
15% for accessory buildings;
(iv)
Total site coverage including accessory buildings and
structures shall not exceed 55%;
(v)
Other uses at the discretion of the Municipal Planning
Commission.
(c)
Lot Width:
(i)
24.4 m (80 ft.) per dwelling.
(6)
Off-Street Parking
Off-Street Parking shall be provided in accordance with Section 9.6.
(7)
Landscaping & Screening
(a) A minimum of 10% of the site area for attached housing shall be landscaped
or developed in order that it can be utilized as an amenity area.
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(b) 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.
(c) Attached housing 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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8.6.
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 buildings and uses
- Day Home
- Dwelling - Duplex
- Dwelling - Multiple Unit (Apartment) - up to four dwelling units
- Dwelling - Multiple Unit (Attached Housing) - up to four dwelling units
- Dwelling - Semi-detached
- Group Home
- Permitted sign
- Parks and Playgrounds
(3)
Discretionary Uses
- Accessory Use
- Assisted Living
- Communication Tower
- Day Care Centre
- Dwelling - Multiple Unit (Apartment) - more than four dwelling units
- Dwelling - Multiple Unit (Attached Housing) - more than four dwelling units
- Home occupations
- Out-of-School Care Centre
- Public and quasi-public buildings, facilities and installations
- Public Utility
- Renewable Energy System: Solar- Household
- Renewable Energy System: Geothermal
- Renewable Energy System: Wing- Household
- Residential Care Facility
- Seniors Lodge
- Supportive Living
- 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;
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(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 Municipal Planning
Commission.
(b)
Lot Width:
(ii)
15.2 m (50 ft.) for a duplex;
(iii)
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 Municipal Planning
Commission.
(c)
Front Yard:
(i)
7.6 m (25 ft.) for all dwellings;
(ii)
Multiple Unit Housing developments shall have sufficient
separation or screening at the discretion of the Development
Authority;
(iii)
Other uses at the discretion of the Municipal Planning
Commission.
(d)
Side Yard:
(i)
1.5 m (5 ft) for duplexes and semi-detached
dwellings;
(ii)
3 m (10 ft.) for attached housing and apartment
buildings;
(iii)
2.1 m (7 ft.) for dwellings having a principal entrance
provided from a side yard;
(iv)
Multiple Unit Housing developments shall have sufficient
separation or screening at the discretion of the Development
Authority;
(v)
4.5 m (15 ft.) for dwellings with the front façade
abutting the flanking street on corner lots;
(vi)
Accessory buildings shall be sited in accordance with
Section 9.4 of the General Land Use Regulations of
this bylaw;
(vii)
Other uses at the discretion of the Municipal Planning
Commission.
(e)
Rear Yard:
(i)
6.1 m (20 ft.) for one or two unit dwellings; and
(ii)
Multiple Unit Housing developments shall have sufficient
separation or screening at the discretion of the Development
Authority;
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(iii)
Accessory buildings shall be sited in accordance with
Section 9.4 of the General Land Use Regulations of
this bylaw.
(f)
Gross Floor Area:
(i)
75 m2 (807 sq. ft.) for semi-detached, attached
housing and apartment dwelling units;
(ii)
56 m2 (600 sq. ft.) for each dwelling unit in a duplex;
(iii)
Other uses at the discretion of the Municipal Planning
Commission.
(5)
Maximum Limits
(a)
Height:
(i)
10.6 m (35 ft.) for semi-detached, attached housing
and duplex dwelling units
(ii)
13.7 m (45 ft.) for apartments;
(iii)
4.5 m (15 ft.) for accessory buildings;
(iv)
Other uses at the discretion of the Municipal Planning
Commission.
(b)
Site Coverage
(i)
40%
for
semi-detached
dwellings,
duplexes,
apartments and attached housing;
(ii)
15% for accessory buildings;
(iii)
Total site coverage including accessory buildings and
structures shall not exceed 55;
(iv)
Other uses at the discretion of the Municipal Planning
Commission.
(6)
Off-Street Parking
Off-Street Parking shall be provided in accordance with Section 9.6.
(7)
Landscaping & Screening
(a) 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.
(b) 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.
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(c) 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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8.7.
RE - RESIDENTIAL ESTATES DISTRICT
(1)
Purpose
The purpose and intent of this district is to accommodate acreage-style low density
residential development in a semi-rural setting within the Town with public water and
where feasible, sanitary services.
(2)
Permitted Uses
- Accessory building
- Day Home
- Dwelling - Modular
- Dwelling - Single-detached
- Permitted signs
- Parks and Playgrounds
(3)
Discretionary Uses
- Accessory building
- Animal units
- Bed & breakfast establishment
- Communication Tower
- Dwelling - Moved On
- Home occupation
- Public and quasi-public buildings, facilities and installations
- Public Utility
- Renewable Energy System: Solar- Household
- Renewable Energy System: Geothermal
- Renewable Energy System: Wing- Household
(4)
Minimum Requirements
(a)
Site Area:
(i)
0.2 ha (0.5 acres);
(b)
Lot Width:
(i)
30 m (100 ft.);
(c)
Front Yard:
(i)
135 ft. (41 m) from the right-of-way of a secondary highway
and as required by Alberta Transportation in the case of
primary highways; and
(ii)
7.6 m (25 ft.) from all other roads.
(d)
Side Yard:
(i)
7.6 m (25 ft.).
(e)
Rear Yard:
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(i)
10.67 m (35 ft.).
(f)
Gross Floor Area:
(i)
102.19 m2 (1100 sq. ft.) for all dwellings.
(5)
Maximum Limits
(a)
Site Area:
(i)
1.21 ha (3.0 acres) unless otherwise approved by the
approving authority.
(b)
Height
(i)
10.6 m (35 ft.) for principal buildings;
(ii)
7.62 m (25 ft.) for accessory buildings.
(c)
Site Coverage
(i)
20% for principal buildings;
(ii)
15% for accessory buildings.
(6)
Special Requirements
(a)
Outdoor storage of equipment or motor vehicles, any unsightly or
dilapidated vehicle(s) shall not be permitted;
(b)
A limit of two (2) recreational vehicles shall be permitted to be stored or
parked on a parcel;
(c)
Industrial and Commercial equipment including vehicles shall not be
stored on a parcel within this land use district unless otherwise permitted
in this Bylaw;
(d)
No animals other than household pets shall be kept unless otherwise
permitted in this bylaw;
(e)
All development shall require piped sanitary and water services to the
standards as required by the Town of Castor. Where piped sanitary
services are not feasible, private sewage disposal systems may be
permitted at the discretion of the MPC pending a satisfactory PSDS
assessment completed by an accredited PSDS assessment technician.
(7)
Animal Unit Limits
Section 9.33 shall be adhered to with regards to the type and number of animal
units permitted within the 'RE' - Residential Estates Land Use District:
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8.8.
MHP - MANUFACTURED HOME PARK DISTRICT
(1)
Purpose
The purpose and intent of this district is to permit the placement of manufactured
homes and modular homes in rental parks specifically designed to accommodate them.
(2)
Permitted Uses
- Accessory building
- Dwelling - Manufactured home
- Dwelling - Modular Home
- Manufactured Home Park
- Parks and Playgrounds
- Permitted signs
(3)
Discretionary Uses
- Accessory Use
- Campground
- Day Home
- Home Occupations
- Manufactured Home Park Facilities
- Public and quasi-public buildings, facilities and installations
- Public Utility
- Renewable Energy System: Solar- Household
- Renewable Energy System: Geothermal
- Renewable Energy System: Wing- Household
(4)
Minimum Requirements
(a)
Site Area:
(i)
0.8 ha (2 acres) for a manufactured home park;
(ii)
Other uses at the discretion of the Municipal Planning
Commission.
(b)
Lot Width:
(i)
Minimum lot width for a manufactured home park to be at
the discretion of the Municipal Planning Commission.
(c)
Front Yard:
(i)
6.1 m (20 ft.) from a public roadway;
(ii)
3 m (10 ft.) from an internal access road within a
manufactured home park.
(d)
Side Yard:
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(i)
3 m (9.84 ft.) from any other dwelling within the park;
(ii)
6.1 m (20 ft.) from a public roadway;
(iii)
Accessory buildings shall be sited in accordance with Section
9.4 of the General Land Use Regulation of this Bylaw;
(iv)
Other uses at the discretion of the Municipal Planning
Commission.
(e)
Rear Yard:
(i)
6.1 m (20 ft.) from any park boundary or any other dwelling
within the park;
(ii)
Accessory buildings shall be sited in accordance with Section
9.4 of the General Land Use Regulation of this Bylaw.
(iii)
Other uses at the discretion of the Municipal Planning
Commission.
(f)
Gross Floor Area:
(i)
60.4 m2 (650 sq. ft.) for manufactured homes;
(ii)
Other uses at the discretion of the Municipal Planning
Commission.
(5)
Maximum Limits
(a)
Site Coverage:
(i)
55% including accessory buildings.
(b)
Height:
(i)
6 m (20 ft.) for manufactured homes and modular units;
(ii)
4.5 m (15 ft.) for accessory buildings;
(iii)
Other uses at the discretion of the Municipal Planning
Commission.
(6)
Development Requirements
(a) All manufactured homes shall be developed in accordance with Section
9.23 of the General Land Use Regulations of this Bylaw;
(b) Convenient, on-site screened containerized garbage collection facilities or
garbage cans shall be provided by the park owner in compliance with
Provincial and Municipal Regulations. Such provision must be indicated on
the plan submitted with the application for development permit;
(c) Each manufactured home shall be connected to and serviced by the
municipal sanitary sewer, water supply and electric power systems and
serviced with natural gas;
(d) No accessory building or use shall be located in the front yard of a
manufactured home lot;
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(e) The removal of snow from all internal pedestrian walkways and vehicular
parking areas, excluding individual lot parking areas, shall be the
responsibility of the park owner;
(f)
Outdoor lighting in the park shall be integrated in design and appearance
and conform with the requirements and specifications of CSA Standard
C92.2 Roadway Lighting or any successor thereto.
(7)
Manufactured Home Park Requirements
(a)
Roadways
(i)
All roads in a manufactured home park shall be constructed
to the Municipality's specifications;
(ii)
Internal pedestrian walkways shall have a minimum width of
1.5 m (5 ft.) and be surfaced to the satisfaction of the
Development Authority; and
(iii)
Each manufactured home shall have a minimum width of 5 m
(16 ft.) and abut a park roadway.
(b)
Parking
(i)
No on-street parking shall be permitted in manufactured
home parks;
(ii)
A minimum of two car parking stalls shall be provided for each
dwelling in accordance with Section 9.6;
(iii)
Visitor parking shall be one off-street parking stall for every
four (4) manufactured homes. Visitor parking shall be
dispersed throughout the park and clearly identified.
(c)
Appearance
(i)
A 6.1 m (20 ft.) buffer shall be provided around the boundary
of the park. This buffer shall be landscaped and fenced;
(ii)
Each application for a manufactured home park shall be
accompanied by a landscaping and site development plan;
(iii)
All utility lines shall be placed underground in a manufactured
home park;
(iv)
A minimum of 10% of the gross site area of a manufactured
home park shall be set aside for recreational use;
(v)
Each manufactured home shall be leveled, blocked and
skirted and the hitch removed within 30 days of being sited
on the lot;
(vi)
The external finish of porches and additions shall match the
existing external finish of the manufactured home.
(d)
Permitted Signs
(i)
One park identification sign at each entrance to the park.
Maximum sign area is 2.9 m2 (32 sq. ft.) and maximum height
of sign is 1.8 m (6 ft.);
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(ii)
Directional signs within the park.
(e)
Storage
(i)
A screened storage compound may be provided for trucks,
campers, travel trailers, snowmobiles, boats, etc., at a
location and in a manner satisfactory to the Development
Authority.
(f)
Future Subdivision
(i)
The Development Authority should give consideration to the
sizing and siting of individual sites and internal streets in order
that the future subdivision of the manufactured home park to
provide titled lots is a viable option.
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8.9.
MHR - MANUFACTURED HOME RESIDENTIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for residential development in the
form of manufactured homes on individual lots.
(2)
Permitted Uses
- Accessory building
- Dwelling - Manufactured home
- Dwelling - Modular Home
- Parks and Playgrounds
- Permitted signs
(3)
Discretionary Uses
- Accessory Use
- Day Home
- Home Occupations
- Public and quasi-public buildings, facilities and installations
- Public Utility
- Renewable Energy System: Solar- Household
- Renewable Energy System: Geothermal
- Renewable Energy System: Wing- Household
(4)
Minimum Requirements
(a)
Site Area:
(i)
360 m2 (3875 sq. ft.) for all dwellings;
(ii)
Other uses at the discretion of the Municipal Planning
Commission.
(b)
Lot Width:
(i)
12 m (40 ft.) for all dwellings;
(ii)
Other uses at the discretion of the Municipal Planning
Commission.
(c)
Front Yard:
(i)
4.57 m (15 ft.);
(d)
Side Yard:
(i)
1.5 m (5 ft.);
(i)
3.0 m (10 ft.) on the side of a manufactured / modular
dwelling containing the main entrance;
(ii)
3.0 m (10 ft.) abutting the flanking street on corner lots;
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(iii)
Accessory buildings shall be sited in accordance with Section
9.4 of the General Land Use Regulation of this Bylaw;
(iv)
Other uses at the discretion of the Municipal Planning
Commission.
(e)
Rear Yard:
(i)
3.0 m (10 ft.);
(ii)
Accessory buildings shall be sited in accordance with Section
9.4 of the General Land Use Regulation of this Bylaw.
(f)
Gross Floor Area:
(i)
60.4 m2 (650 sq. ft.) for manufactured homes;
(ii)
74.3 m2 (800 sq. ft.) for all other dwellings;
(ii)
Other uses at the discretion of the Municipal Planning
Commission.
(5)
Maximum Limits
(a)
Site Coverage:
(i)
Total site coverage including accessory buildings shall not
exceed 55% for manufactured / modular dwelling lots;
(ii)
Other uses at the discretion of the Municipal Planning
Commission.
(b)
Height:
(i)
6 m (20 ft.) for manufactured and modular dwellings;
(ii)
4.5 m (15 ft.) for accessory buildings;
(iii)
Other uses at the discretion of the Municipal Planning
Commission.
(6)
Development Requirements
(a) All manufactured homes shall be developed in accordance with Section
9.23 of the General Land Use Regulations of this Bylaw;
(b) No accessory building or use shall be located in the front yard of a
manufactured home lot.
(c)
Parking
(i)
A minimum of two vehicle parking stalls shall be provided per
lot in accordance with Section 9.6;
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8.10. C-1 - CENTRAL COMMERCIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for pedestrian oriented and
centralized commercial development.
(2)
Permitted Uses
-
Artist's Studio
-
Clinic
-
Convenience store
-
Financial Institution
-
Professional, financial and administrative office
-
Post office
-
Permitted signs
-
Personal service
-
Restaurant
-
Retail stores and services
-
Library
(3)
Discretionary Uses
-
Accessory Building
-
Accessory Use
-
Amusement Centre
-
Communication Tower
-
Cultural Establishment
-
Day Care Centre
-
Drinking Establishment
-
Dwelling - Accessory
-
Funeral home
-
Hotel
-
Liquor store
-
Out-of-School Care Centre
-
Parking Lot
-
Parks and Playgrounds
-
Supermarket
-
Portable Storage Container - accessory to a commercial use
-
Public and quasi-public buildings and facilities and installations
-
Public Utility
-
Renewable Energy System: Solar- Commercial
-
School - Unconventional
-
Any use that is similar to the permitted or discretionary uses listed above at
the discretion of the MPC
-
Cannabis Retail Sales
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(4)
Minimum Requirements
(a)
Front Yard:
(i)
None, except where deemed necessary by the Development
Authority based on the front yard provided by adjacent or
surrounding buildings.
(c)
Side Yard:
(i)
1.5 m (5 ft.) adjacent to residential land use districts;
(ii)
No side yard is required where a firewall is provided in
accordance with the Alberta Safety Code.
(d)
Rear Yard:
(i)
6 m (20 ft.)
(5)
Maximum Limits
(a)
Height:
(i)
13.7 m (45 ft.)
(6)
Off-Street Parking and Loading
Off-Street Parking and loading shall be provided in accordance with Section 9.5
and 49.6.
(a)
Notwithstanding Section 9.6, 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:
(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; and
(iii)
where appropriate on-street parking is adequately available.
(b)
Off-site parking levies or alternative requirements in accordance with
Section 9.6(5) may be applied at the discretion of the Development
Authority.
(7)
Landscaping and Screening
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(i)
Sites abutting a residential district shall be screened from view to the
satisfaction of the Development Authority;
(ii)
Outside storage areas of material and equipment shall be screened from
adjacent sites and public thoroughfares;
(iii)
Garbage and waste material must be stored in weather and animal proof
containers and screened from adjacent sites and public thoroughfares
including lanes;
(iv)
The side and rear walls which are exposed to public view should be
appropriately finished as required by the Development Authority.
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8.11. HWY-C - HIGHWAY COMMERCIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for a limited range of
commercial uses that, in order to serve a wide area of the Town or region, locate
near highways and streets with high traffic volumes and a high level of exposure.
(2)
Permitted Uses
-
Permitted signs
-
Tourist Information Centre
(3)
Discretionary Uses
-
Accessory buildings and uses
-
Accessory building - Fabric Covered Building
-
Agricultural equipment sales and service including industrial equipment
-
Automotive Vehicle Sales including recreational vehicles and large trucks
-
Automotive Repair and Service
-
Auto Body and Paint Shop
-
Building Supply Centre
-
Bulk Fuel Sales Depot
-
Car Wash
-
Campground
-
Communication Tower
-
Community Building or Facility
-
Community Recreation Facility
-
Contractor Shop
-
Cultural Establishment
-
Drinking Establishment
-
Drive Through
-
Dwelling - Accessory
-
Fabric Covered Building
-
Hotel/ Motor
-
Portable Storage Container - accessory to a commercial use
-
Public and quasi-public buildings and facilities and installations
-
Public Utility
-
Renewable Energy System: Solar- Commercial
-
Retail Store
-
Restaurant
-
Shopping Centre
-
Storage Structure - accessory to a commercial use
-
Any use that is similar to the permitted or discretionary uses listed above at
the discretion of the MPC
-
Cannabis Retail Sales
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(4)
Minimum Requirements
(a)
Site Area:
(i)
1858 m2 (20,000 sq.ft.) for motels;
(ii)
1115 m2 (12,000 sq.ft.) for all other uses.
(b)
Front Yard:
(i)
20 m (66 ft.) adjacent to a highway without a service road;
(ii)
6.1 m (20 ft.) adjacent to a highway with a service road.
(c)
Side Yard:
(i)
6.1 m (20 ft.) when it abuts a residential district; or
(ii)
3 m (10 ft.) in all other cases
(d)
Rear Yard:
(i)
6.1 m (20 ft.).
(e)
Lot Width:
(i)
30 m (100 ft).
(5)
Maximum Limits
(a)
Height:
(i)
13.7 m (45 ft.)
(6)
Parking
Off-Street Parking and loading shall be provided in accordance with Section 9.5
and 9.6.
(7)
Landscaping and Screening
(a)
The boulevard, where existing and a minimum of 10% of the site area must
be landscaped in accordance with a plan approved by the Municipal
Planning Commission.
(b)
Any trees or shrubs that die, that were planted under the approved plan,
must be replaced the next planting season.
(c)
Highway Commercial 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.
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(c)
Outside storage areas for material and equipment shall be screened from
adjacent sites and public thoroughfares.
(d)
Garbage and waste material must be stored in weather proof and animal
proof containers and screened from adjacent sites and public
thoroughfares.
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8.12. I-1 - LIGHT INDUSTRIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for a variety of industrial and
business uses which are compatible with each other and do not adversely affect non-
industrial land uses.
(2)
Permitted Uses
-
Accessory building
-
Permitted signs
(3)
Discretionary Uses
-
Accessory Use
-
Automotive, Truck and Recreational Vehicle Repair and Service
-
Auto Body and Paint Shop
-
Bulk Fuel Sales Depot
-
Bulk fuel sales depot
-
Car Wash, including truck wash for larger vehicles and equipment
-
Communication Tower
-
Contractor Shop
-
Dwelling - Accessory
-
Equipment and Machinery Sales and Rentals
-
Fabric Covered Building
-
Manufacturing, Light
-
Manufacturing, Heavy
-
Office, accessory to an industrial use. Portable Storage Container -
accessory to an industrial use
-
Public and quasi-public buildings and facilities and installations
-
Public Utility
-
Recycling Depot
-
Renewable Energy System: Solar- Commercial
-
Sand, gravel and building material excavation and storage
-
Seed Cleaning Plant
-
Self Storage Facility
-
Storage Structure - accessory to an industrial use
-
Storage Yard
-
Truck and Freight Terminals
-
Veterinary Clinic
-
Warehousing
-
Any use that is similar to the permitted or discretionary uses listed above at
the discretion of the MPC
-
Cannabis Retail Sales
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(4)
Minimum Requirements
(a)
Area of Site:
(i)
557 m2 (6,000 sq. ft.).
(b)
Width of Site:
(i)
18.29 m (60 ft.).
(c)
Front Yard:
(i)
20 m (66 ft.) adjacent to a highway without a service road;
(ii)
9.144 m (30 ft.) with a service road.
(d)
Side Yard:
(i)
3.2 m (10 ft.);
(ii)
At least one 4.5 m (15 ft.) side yard to provide alternate access
to the rear of the buildings in a laneless subdivision.
(e)
Rear Yard:
(i)
6 m (20 ft.)
(5)
Maximum Limits
(a)
Height:
(i)
10.6 m (35 ft.) unless otherwise approved by the Municipal
Planning Commission.
(b)
Site Coverage:
(i)
80%.
(6)
Landscaping and Screening
(a)
The boulevard, where existing, and a minimum of 5% 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
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(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 and loading shall be provided in accordance with Section 9.5
and 9.6.
(8)
Special Requirements
(a)
Application for Industrial Uses shall be made in accordance with Section
9.10;
(b)
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 health
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.
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8.13. CS - COMMUNITY SERVICE DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for recreational, educational and
community uses.
(2)
Permitted Uses
- Accessory Building
- Community Building or Facility
- Cultural Establishments
- Parks and Playgrounds
- School - Public
(3)
Discretionary Uses
-
Accessory Use
-
Accessory sales / services to principal recreational uses
-
Active and passive recreational uses, where consistent with the general
purpose of this district
-
Campground
-
Cemetery
-
Clinic
-
Communication Tower
-
Community Recreation Facility
-
Exhibition grounds
-
Fabric Covered Building
-
Golf Course
-
Health Care Facility - Hospital
-
Permitted Signs
-
Public and quasi-public buildings, installations and facilities
-
Public Utility
-
Renewable Energy System: Solar- Commercial
-
School - Private
-
School - Unconventional
-
Any use that is similar to the permitted or discretionary uses listed above at
the discretion of the MPC
(4)
Development Requirements
The Development Authority shall evaluate each development permit for this
district on its own merit and establish suitable development requirements for
each individual application.
(5)
Off-Street Parking and Loading
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Off-Street Parking shall be provided in accordance with Section 9.5 and 9.6.
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8.14. UR - URBAN RESERVE DISTRICT
(1)
Purpose
The purpose and intent of this district is to reserve lands outside of the developed area
of the Town which are intended as future growth areas.
(2)
Permitted Uses
-
Single-detached dwellings - existing at the time of adoption of this Bylaw
-
Manufactured homes - existing at the time of adoption of this Bylaw
-
Parks and Playgrounds
-
Extensive agriculture - production of hay and other crops excluding livestock
or animal units grazing and/ or handling
(3)
Discretionary Uses
-
Accessory buildings and uses
-
Communication Tower
-
Greenhouse
-
Horticultural nursery
-
Market garden
-
Public and quasi-public buildings, installations and facilities
-
Public Utility
(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 Authority. When determining a
development permit application the Development Authority shall take into
account:
(i)
the general purpose of the district; and
(ii)
the existing uses and projected future land use in the vicinity.
(b)
The Municipal Planning Commission 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.
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(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.
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8.15. HHV - HOSPITAL HELIPAD VICINITY OVERLAY DISTRICT
(1)
Purpose
The purpose and intent of this district is to ensure development located within close
proximity to the hospital helipad does not negatively impact the safety and accessibility
of the helipad.
(2)
Regulations
(a)
The Hospital Helipad Vicinity shall be defined as that area within a 200 m (656
ft.) radius measured from the centre of the landing/takeoff pad located on Lots
1 & 2, Block 2, Plan 7015 Z and as shown on the Land Use District Map
(b)
Any new development, or part thereof, within the Hospital Helipad Vicinity
shall not exceed a height of 20.6 m (35 ft).
(c)
Any new development within 30.5 m (100 ft) of the centre of the
landing/takeoff pad shall not exceed a height of 1.5 m (5 ft.).
(d)
Any new development within the Hospital Helipad Vicinity shall not be
permitted if, in the opinion of the Development Officer, it generates a large
amount of smoke, dust, or attracts birds.
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PART VIII - General Land Use Regulations
9.1.
SUBDIVISION OF LAND
(1)
A development requiring subdivision of land shall not be issued a development permit
until such time as final subdivision approval has been received from the Subdivision
Authority or upon appeal, the Appeal Body.
9.2.
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 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 to any other part of the lot and no additional buildings shall be erected upon the lot
while the non-conforming use is continued;
(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, or
(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 per
cent of the value of the building above its foundation, the building shall not be repaired or
rebuilt except in accordance with the Land Use Bylaw;
(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.
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9.3.
FENCING AND SCREENING
(1)
In a residential district, a fence or hedge located within the required rear or side yard of a
lot, shall not exceed 2.0 m (6 feet) in height;
(2)
In a residential district, a fence located within the required front yard of a lot, not on a
corner site, shall not exceed 1.0m (3 feet) in height above the established grade of the
curb;
(3)
For corner lots, as per Figure 9.3, fences shall be no higher than 2.0 m for the portion
of the fence that does not extend beyond the foremost portion of the principal
building if in the opinion of the Development Authority, it will not prejudice the safety
and amenities of the adjoining lots. Fences shall be no higher than 1.0 m for the
portion of the fence that does extend beyond the foremost portion of the principal
building on the lot.
Figure 9.3
(4)
A Development Permit is required for a fence on a corner lot.
(5)
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 Officer; and
(6)
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.
(7)
In the Industrial and Urban Reserve Districts the maximum height and location of fences
and screening shall be determined by the Development Officer.
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(8)
In the case of commercial and quasi-public uses the Development Officer may require
fencing and or screening to mitigate negative impacts against adjacent uses. The fence
type will be at the discretion of the Development Officer and will be dependent upon the
need for the mitigation.
(9)
Barbed wire shall only be permitted in the Industrial Districts when it is placed on top of a
Fence that is 2 meters (6 feet) or higher.
(10) Chain link fences shall only be permitted in Industrial Districts
(11) Razor wire and/or electric fencing are not permitted in any district.
(12) When associated with a Single Detached Dwelling, a privacy wall on an un- enclosed deck
must not exceed 2 meters (6 feet) in height when measured from the surface of the deck.
A privacy wall on a patio must not exceed 3 meters in height. Notwithstanding, no
privacy-wall shall be permitted on a deck or patio in the Front Yard.
(13) When associated with a Semi-detached Dwelling or a Street Oriented Row House, a
privacy wall along the shared property boundary shall be a minimum of 1.5 meters (4.9
feet) but not more than 3 meters (9.8 feet) in height when measured from the surface of
the deck or patio. Notwithstanding, no privacy walls shall be permitted on a deck or patio
in the Front Yard.
(14) For any Zero Side Yard Development, there shall be no fencing located in the front yard,
no fencing between the principal buildings, and no fencing closer than the furthest rear
façade in the rear yard.
9.4.
ACCESSORY BUILDINGS & USES
(1)
No person shall construct or utilize an accessory building except in compliance with
this section.
(2)
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 below;
(3)
An accessory building shall not be used as a dwelling unless approved as a secondary suite
in accordance with the provisions of this Bylaw;
(4)
An accessory building or use shall be located at least 2 m (6.5ft.) from any principal
building;
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(5)
The minimum side yard of an accessory building shall be 1 m (3.28 ft.) except on corner
lots;
(6)
On corner lots, 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 flanking street;
(7)
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;
(8)
The minimum rear yard of an accessory building shall be 1 m (3.28 ft.);
(9)
The total combined floor area of all accessory buildings shall not exceed 15% of the site
area;
(10) No accessory building or use shall be located in the front yard of a residential district.
(11) Accessory buildings shall be constructed with exterior finish materials that
compliment those of the principal building.
(12) An accessory building shall not be located on an easement or utility right-of-way.
(13) An accessory building shall not be developed or approved on a lot prior to the
issuance of a development permit for the principal building or use on the lot.
(14) Decks, balconies, sunrooms and the like shall not be constructed on top of an
accessory building unless the setbacks of the accessory building comply with the
allowable setbacks for the principal building in that district.
9.5.
OFF-STREET LOADING & UNLOADING FOR NON-RESIDENTIAL
DEVELOPMENT
(1)
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:
(a)
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;
(b)
The space shall be hard surfaced if the access is from a street or lane which is hard
surfaced;
(c)
Access to the space shall be such that no backing and turning movements of
vehicles cause interference with traffic on the adjoining or abutting streets or lanes;
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(d)
Off-street loading and unloading spaces should be provided in accordance with the
following:
Use of Building or Site
Total Gross Floor Area
Spaces Required
i) Retail, industrial, warehousing or
Less than 464.5 m2
1
similar use
(5,000 sq. ft.)
464.5 m2 (5,000 sq. ft.) to
2
2322.5m2 (25,000 sq. ft.)
Each additional 2322.5 m2
1
(25,000 sq. ft.) or
additional
fraction thereof
ii) Office building, health care facility, Up to 2782 m2
1
Public utility building, school or
(30,000 sq. ft.)
similar use
Each additional 2787 m2
1
(30,000 sq. ft.) or
fraction thereof
9.6.
OFF-STREET PARKING
(1)
The number of off-street parking spaces for any development shall be according to
requirements set out for the land use district in which the space is located; and
(2)
For multiple use sites, parking requirements shall be based on the calculation of parking
required for each individual use.
(3)
Parking spaces for an apartment building shall not be located in the front yard.
(4)
Parking shall be on the same site as the development and located and constructed to the
Town's standards so that:
(a)
it is reasonably accessible to the vehicle intended to be accommodated;
(b)
it can be properly maintained; and
(c)
it is satisfactory to the Municipal Planning Commission in size - being no less than
14 m2 (160 sq. ft.) and less than 2.4 m (8 ft.) in width, shape, location and
construction.
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(5)
The Municipal 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;
(b)
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;
(c)
The developer may be required to ensure off-street parking on land other than that
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) should the alternate parking site cease to be available, another parking site
must be provided meeting the above criteria or the approved use of the
building on the site must be discontinued,
(iv) 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.
(6)
A parking space shall not be less than 14.8 m2 (160 sq. ft.) in area and not less than 2.4 m
(8 ft.) wide.
(7)
When a building is enlarged, altered, or a change in the use occurs, provision shall be
made for the additional parking spaces required under the parking provisions of this
Bylaw.
(8)
Any parking space or loading space provided shall be developed and surfaced to the
satisfaction of the Development Authority.
(9)
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.
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(10) The following parking standards shall apply to the permitted and discretionary uses in this
Bylaw:
Dwellings
- Two (2) parking spaces per
dwelling unit;
Attached housing and apartments
- One (1) parking or garage
space per dwelling unit plus
one (1) parking or garage
space per seven (7) dwelling
units shall be assigned for
guest parking;
Day Home
- One (1) parking or garage
space per staff member;
Day Care Centre
One (1) parking or garage
space per staff member and
one (1) visitor parking space
per 6 children;
Group Home and Residential
- One (1) parking or garage
Care Facility
space per staff member and
one (1) visitor parking space
per 6 residents;
Professional, financial &
administrative office
- One (1) parking space per 74
m2 (800 sq. ft.) of gross floor
area in the building.
Retail shops, repair and service shops
- One (1) parking space per 74
m2 (800 sq. ft.) of gross floor
area in the building.
Clinics -
Two (2) parking spaces per 93
m2 (1,000 sq. ft.) of gross
floor area in the building.
Restaurants
- One (1) parking space per
four (4) seats.
Hotels & Motels
- One (1) parking space per
guest suite.
Libraries
- Two (2) parking space per 93
m2 (1,000 sq. ft.) of gross
floor area in the building.
Recreational or amusement parks-
- one space per 4 seating
public places of assembly including
spaces.
sports arenas, ball parks and other
Health Care Facility
- One (1) parking space per 93
m2 (1,000 sq. ft.) of gross
floor area.
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Libraries and Clinics
- Four (4) parking spaces per
93 m2 (1,000 sq. ft.) of gross
floor area.
Schools
- Elementary & Junior High
- One (1) parking space per
classroom.
- Senior High
- Four (4) parking spaces per
classroom.
Worship Facilities
- One (1) parking space per 15
seats.
Other uses
The number of spaces shall be
determined by the Municipal
Planning Commission having
regard to similar uses listed
above and the estimated
traffic
generation
and
attraction fo the proposed
use(s).
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9.7.
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
(1)
No person shall keep or permit in any part of a yard in any residential district:
(a)
a motor vehicle which is in a dilapidated or unsightly condition, or a derelict vehicle
to remain or be parked on a parcel in a residential District, unless it is suitably
housed or screened to the satisfaction of the Development Authority;
(b)
No 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;
(c)
A vehicle of more than 4536 kg (10,000 lbs.) GVW and/ or a length of 6.5 m (21 ft.)
to be parked or stored in a residential district, excepting recreational vehicles;
(d)
Any object or chattel which, in the opinion of the Development Officer is unsightly
or tends to adversely affect the amenities of the district; and
(e)
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.
9.8.
SITE DEVELOPMENT
(1)
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 in order that
these shall be in general conformity in such matters with adjacent buildings. The finish of
buildings shall complement other structures and natural site features.
9.9.
HOME OCCUPATIONS
(1)
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.
(2)
The Development Authority may issue a temporary development permit for a home
occupation for a period not exceeding one year. An applicant shall seek renewal for a
home occupation permit each year from the date of issue of the prior development
permit.
(3)
Home Occupations shall be temporary developments and shall be subject to the
standards set out herein.
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(4)
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 Officer written authorization from the registered owner(s).
(5)
One name plate not exceeding 0.37m2 (4 sq. ft.) may be posted on a building to advertise
a Home Occupation.
(6)
A Home Occupation shall not include any use or operation which will cause or create a
nuisance by way of noise, dust, smoke or excessive traffic. At all times, the privacy and
enjoyment of adjacent residents shall be preserved and the residential amenities of the
neighborhood maintained.
(7)
A commercial vehicle to be parked or maintained on the property shall be subject to the
Municipal Planning Commission approval in terms of size and appearance.
(8)
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.
(9)
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.
(10) 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.
(11) Home occupations that require an off-site employee and/ or site visits from clients shall
require appropriate parking requirements as determined by the Development Authority.
(12) Employees shall be limited to the residents of the dwelling and a maximum of one
(1) additional employee.
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9.10. INDUSTRIAL DEVELOPMENT
(1)
An application for the establishment of industries shall be considered by the Development
Authority who may request advisory comment by the following authorities whose interest
or jurisdiction may be affected:
(a)
Palliser Regional Municipal Services
(b)
Alberta Business Development and Tourism
(c)
Alberta Transportation
(d)
Alberta Infrastructure
(e)
Alberta Agriculture
(f)
Alberta Environment
(g)
Alberta Energy and Utilities Board
(h)
David Thompson Health Region
(i)
Palliser Regional Municipal Services - Safety Codes Service
(j)
Coronation Fire Department
The Development Authority may request that such comments be made in writing.
(2)
Each application for industrial development shall be accompanied by the following
information as required by the Development Authority:
(a)
Location map
(b)
Type of industry
(c)
Size of buildings
(d)
Estimated number of employees
(e)
Estimated water demand and anticipated source
(f)
Geotechnical Evaluation
(g)
Traffic Impact Assessment
(h)
Environmental Site Assessment
(i)
Any accessory works required (municipal utilities, etc.)
(j)
Stormwater Management Plan
and/or any other such information as may be reasonably required by the Development
Authority to make an informed decision.
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9.11. SCREENING
(1)
Commercial and Industrial Developments abutting a residential district shall be screened
from view to the satisfaction of the Development Authority.
(2)
If permitted, outside storage areas of commercial and industrial materials and equipment
shall be screened from adjacent sites and public streets.
(3)
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.
9.12. 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 Town of Coronation;
(2)
A development shall not be permitted until satisfactory arrangements have been made by
the developer for the supply of water, electric power, sewerage and street access to the
development including payments of costs of installing or constructing any such utility or
facility by the developer.
9.13. DRAINAGE
(1)
At the discretion of the Development Authority, the applicant shall 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 neighbouring parcels;
(3)
At the discretion of the Development Authority, the applicant may be required to submit
a storm water management plan, indicating how drainage will be managed on the site;
(4)
At the discretion of the Development Authority, the applicant may be required to install a
catch basin or similar storm water management works on site if it is felt that drainage will
otherwise affect neighbouring parcels.
9.14. BED AND BREAKFAST ESTABLISHMENT
(1)
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;
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(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;
(c)
Each room shall have a window;
(d)
Sanitation and potable water facilities as required by the Health Authority;
(e)
Smoke alarms shall be installed on each level of the building;
(f)
Portable fire extinguishers shall be provided in each level of the building;
(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
0.9 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;
(6)
Bed and Breakfast Establishments shall have a maximum of four (4) guest rooms.
(7)
The Development Authority may issue a temporary permit for a Bed and Breakfast
establishment if, in the opinion of the Development Authority, land use conflict potential
exists with the surrounding neighborhood.
9.15. AUTOMOTIVE SERVICE AND FUEL SALES ESTABLISHMENTS
(1)
Service stations, where permitted by this Bylaw, shall comply with the following
standards:
(a)
Minimum requirements:
(i) No part of a service station building or any pump island shall be within 6 m
(20 feet) of front, side or rear property lines;
(ii) Front yard of no less than 12 m (40 feet) with no pumping island closer than
4.5 m (15 feet) to the building;
(iii) Site entrances from a public street shall be located at the discretion of the
Development Authority and shall not exceed 10.6 m (35 ft.) in width.
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(b)
The boundaries of a service station site, other than those fronting streets, shall be
appropriately screened at the discretion of the Development Officer / Municipal
Planning Commission;
(c)
Where possible, the use of above ground storage tanks is the preferred means of
storage of petroleum products.
9.16. CAR WASHING ESTABLISHMENTS
(1)
Site Area:
(a)
The minimum site area shall be 557 m2 (6,000 sq. ft.) and shall contain a queue
requirement for 3 vehicles prior to their entry into any part of the cleaning process
for which they are bound. In the case of service stations including car washes,
minimum site area shall be 1115 m2 (12,000 sq. ft.).
(2)
Site and Building Requirements:
(a)
The site and all improvements thereon shall be maintained in a clean and tidy
condition, free from rubbish and debris;
(b)
Receptacles for the purpose of disposing of rubbish and debris shall be provided as
required by the Development Officer; and
(c)
All parts of the site to which vehicles may have access shall be hard surfaced and
drained to the satisfaction of the Development Officer.
(d)
All sump drainage systems shall be provided in accordance with the appropriate
regulations and all sump materials shall be disposed of in the appropriate manner.
9.17. SIGNS
General Provisions
(1)
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 Section 4.2;
(2)
No signs or advertising structures shall be erected on or affixed to private property
without the prior consent of the property owner or tenant;
(3)
No signs shall be erected on or affixed to public property without the prior consent of the
municipality;
(4)
No signs or advertisement shall resemble or conflict with a traffic sign;
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(5)
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;
(6)
All signs shall be designed and manufactured to a professional standard of quality
equivalent thereto;
(7)
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;
(8)
No signs or advertising structures other than those specified elsewhere in this land use
bylaw shall be permitted in a residential district;
(9)
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) The following separation distances between signs shall be applied:
(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) Projecting signs may be permitted provided that:
(a)
a minimum height clearance of 2.7 m (9 ft.) be provided from any sidewalk below;
(b)
the sign shall not project above the roof by more than 1 m (3.2 ft.);
(c)
the sign does not project within 0.6 m (2 ft.) of the curb;
(d)
the sign does not project more than 1.5 m (5 ft.) from the face of the building;
(e)
the sign does not exceed 1.86 m2 (20 ft.2) in area.
(12) Free standing signs (directional, advertising or identification) may be permitted provided
that:
(a)
the sign does not exceed 9 m (30 ft.) in overall height;
(b)
the maximum total sign area allowable is 13.9 m2 (150 ft.2);
(c)
the sign shall be a minimum of 6 m (20 ft.) from a curb or 1.5 (5 ft.) from the
property line whichever is the greater distance unless otherwise approved by the
Municipal Planning Commission.
(d)
There is a 30 metre (100 ft.) separation from any other sign along the same street
unless otherwise approved by the Municipal Planning Commission.
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(13) Roof signs shall not exceed 9.3 m2 (100 ft.2) and no portion of the sign shall extend
beyond the periphery of the roof on which it is located.
(14) Fascia signs may be permitted provided that:
(a)
the total sign area does not exceed a ratio of 20% of the face building to which the
sign is attached;
(b)
it shall not project above the roof or marquee by more than 1 m (3.2 ft.);
(c)
the sign is at least 2.44 m (8 ft.) above grade level unless otherwise approved by the
Municipal Planning Commission.
(15) Solid awnings 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.
(16) Portable signs may be permitted provided that:
(a)
Maximum sign area shall not exceed 3 m2 (32.29 sq. ft.);
(b)
Maximum height shall not exceed 2 m (6.6 ft.);
(c)
The sign is not located in the sight triangle formed on a corner site by the two
street property lines and a straight line which intersects them 5 m (16.4 ft.) from
the corner where they meet;
(d)
The lighting of a portable sign does not adversely affect residential sites and/or
traffic lights;
(e)
A valid development permit has been obtained for signs to be in place for more
than 7 consecutive days;
(f)
The use of a portable sign shall be limited to a maximum of 60 days following which
time the sign shall be removed from the parcel;
(g)
Only one portable sign shall be permitted on a parcel at any one time and a
minimum of 30 days shall elapse between the removal of one portable sign and the
erection of another on the same parcel.
(17) Freestanding "sandwich" style boards shall be placed only within the frontage area of the
business advertised. Only one Freestanding "sandwich" style board shall be permitted per
business and shall not exceed 2.4 m
2 (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) No sign shall be erected which promotes intolerance, hatred or ridicule of any race,
religion or other segment of society.
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9.18. RELOCATION OF BUILDINGS
(1)
All applications to relocate a building or structure shall be accompanied by:
(a)
recent colour photographs showing all sides of the building;
(b)
a statement on the age, size and structural condition of the building; and
(c)
a statement of proposed improvements to the building.
and, whenever possible, a safety codes inspection report shall be provided as part of the
application and the structure shall be inspected by the Development Officer.
(2)
All renovations to a relocated building are to be completed within one year of the
issuance of the Development Permit.
(3)
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 letter of credit up to the amount of $10,000.00 ($1,000.00 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.
(4)
The design, external finish and architectural appearance of any relocated structure shall
be of similar or greater condition and quality of appearance to complement the existing
structures located on the parcels adjacent to the parcel on which it is to be located.
(5)
Prior to approving a development permit for a moved in building, The Development
Authority may obtain the views in writing of the adjacent registered property owners
within a minimum of 60 m (196 ft) from the proposed parcel.
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9.19. PROJECTIONS OVER YARDS
Figure 9.19
(1)
Front Yards:
(a)
Eaves, balconies, bay windows, shade projections, chimneys, un-enclosed decks,
may project a maximum of 1.5 m (5 ft.) over or onto a required front yard;
(b)
Un-enclosed steps may project greater than 1.5 m (5 ft.) over or onto a required
front yard if the development is consistent with existing development on the same
street.
(2)
Side Yards:
(a)
Eaves, shade projections, chimneys, may project a distance not exceeding one half
of the minimum side yard requirement for the lot;
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(b)
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 Municipal Planning Commission;
(c)
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:
(a)
Eaves, balconies, bay windows, shade projections, chimneys, un-enclosed decks
and steps may project a maximum of 3.0 m (10 ft.) over or onto a required rear
yard.
9.20. DAYTIME CHILD CARE SERVICES
(1)
The Municipal Planning Commission shall, in deciding whether to approve or refuse a
Daytime Child Care Service, consider among other matters, potential traffic generation,
proximity to parks 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)
All Daytime Child Care Services shall be licensed and approved by the relevant provincial
agency.
9.21. RENEWABLE ENERGY SYSTEMS:
(1)
Renewable energy systems such as, but not limited to, active and passive solar,
photovoltaic solar panels, heat exchange systems and generations are encouraged as a
method to reduce greenhouse gas emissions and to promote sustainability objectives
within the Town. Renewable energy systems shall require a development permit to
ensure there are no nuisance effects that extend beyond the site and shall have
consideration for the following requirements:
(a)
Renewable energy systems shall meet the minimum requirements for accessory
buildings and uses in the applicable land use district including setbacks and height;
and
(b)
Renewable energy systems shall be considered a discretionary use in all land use
districts.
(c)
Renewable Energy Systems shall follow the minimum requirements for accessory
buildings and uses in the appropriate Land Use District.
(d)
A Renewable Energy System may be connected or disconnected from the electrical
grid in accordance with the requirements of the power line company;
(e)
may provide residual power to the grid but is not intended to produce power
primarily for resale;
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(2)
Solar-Household:
(a)
Development permit applications for solar energy system, household, shall be
accompanied by the following additional information:
(i)
Documentation demonstrating the system is designed to produce energy
primarily for sole use and consumption on-site by the landowner, resident or
occupant;
(ii)
Manufacturer's specifications for system design and rated output;
(iii)
Orientation of the solar panels
(iv)
For panels mounted to the roof of a building or accessory structure or affixed
to the wall of a building or accessory structure, a description of how the
panels are to be mounted or affixed, maximum projection from roof or wall,
and structural capacity of the building/wall to support the proposed
development;
(v)
For free-standing solar panels, a description of the proposed ground mount
design and maximum height from existing grade.
(vi)
All systems for mounting and securing solar panels shall meet to all Safety
Codes requirements.
(b)
Solar panels must be located such that they do not create undue glare on
neighboring parcels or public roadways.
(c)
Solar panels mounted on the roof of a building or accessory structure must not
extend beyond the outermost edge of the roof.
(d)
The maximum projection of solar panels affixed to the wall or mounted to the roof
of a building or accessory structure shall be 1.5 ft (0.45m).
(e)
Setback requirement are as prescribed in the applicable land use district. In land
use districts where accessory building setbacks are defined, those setbacks shall
prevail and be applied for free-standing solar panels.
(f)
The maximum height of a free-standing solar panels shall not exceed 13.8 ft (4.2 m)
(g)
Solar panel installations may be affixed to a building wall (principal and/or
accessory), mounted to the roof of a building (which is considered to be part of the
principle building) or mounted to the ground as a free standing structure. The
maximum number of solar panel installations per parcel and location may be
regulated based on the existing use of the parcel and/or adjacent parcels.
(3)
Solar-Commercial:
(a)
Development permit applications for solar energy system, commercial/industrial
shall be accompanied by the following additional information:
(i)
The location of overhead utilities on or abutting the subject parcel and
identification of any sensitive, environmental or topographical features
which may be present on the parcel;
(ii)
(ii) An accurate site plan depicting the titled parcels and location of the other
solar energy system; the site plan must also depict the required setbacks
from property lines and the proximity to structures, or uses on the site and
adjacent parcels of land;
(iii)
Detailed information about the system type, number of structures, height of
structures, and the energy process and rated output
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(b)
Setback requirement are as prescribed in the applicable land use district. Inland use
districts where accessory building setbacks are defined, those setbacks shall prevail
and be applied for free-standing solar panels.
(c)
Solar panel installations maybe affixed to a building all (principal and/or accessory).
Mounted to the roof of a building (which is considered to be part of the principle
building) or mounted to the ground as a free standing structure. The maximum
number of solar panel installations per parcel and location may be regulated based
on the existing use of the parcel and/or adjacent parcels.
(4)
Geothermal:
(a)
A geothermal energy system must be constructed to ensure no nuisance effects,
such as light reflection or noise, extend beyond the site.
(b)
There shall be no above ground portion of the structure in the Rear Yard shall
comply with all regulations of the Land Use Bylaw.
(5)
Wind-Household:
(a)
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 surrounding buildings within 0.5 km (.31 miles); The setback shall
conform to the requirements of the underlying zone for both principle and
accessory buildings located with the subject property;
(b)
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
(c)
At no time shall any portion of the structure be permitted to extend closer than 3m
(1 0 ft.) to any property line.
9.22. ELEVATION AND GRADING PLANS
(1)
The Development Authority may, at their discretion, control the elevation (height of
foundation and finished grades) for all new development and subdivisions.
(2)
At the discretion of the Development Authority, overall grade plans shall be prepared as
part of a development in the form of an agreement and completed at the cost of the
developer.
(3)
Where retaining walls are necessary or proposed in any development, such walls shall be
developed with professional quality and shall not negatively affect adjacent parcels due to
site elevations or drainage.
9.23. MANUFACTURED HOMES
(1)
Development Permits for a Manufactured home units shall have:
(a)
Third party certification from an accredited inspection agency including the
Canadian Standard Association (CSA), Intertek or Quality Auditing Institute
(QAI).
(b)
Alberta Municipal Affairs Label.
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(c)
Model number.
(d)
Manufactured home unit serial number.
(2)
Manufactured homes shall have a foundation capable of supporting the maximum
anticipated load of the manufactured home during all seasons. The foundation shall
comply with the Albert Building Code.
(3)
All manufactured homes shall have a minimum width of 5.0 m (16 ft.).
(4)
In determining the suitability of manufactured homes for placement in the municipality,
consideration may be given to condition and appearance. Manufactured homes
constructed more than ten (10) years prior to the date of the development permit
application may not be permitted;
(5)
The under carriage of each manufactured home shall be completely screened from view
by the foundation or skirting within 30 days of placement of the manufactured home;
(6)
All accessory structures such as steps, patio, porches, additions, skirting and storage
facilities shall be factory pre-fabricated units or of an equivalent quality, so that the
design and construction will compliment the home. Additions to a manufactured home
shall have a foundation equivalent to that of the manufactured home.
(7)
All manufactured homes shall be provided with steps and landing to all entrances within
45 days of their placement on the site.
9.24. MODULAR HOMES
(1)
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:
(a)
be placed on a permanent perimeter foundation or basement; and
(b)
in the Development Authority's opinion, the proposed development complies with
the amenities of the neighbourhood.
9.25. SECONDARY SUITES
(1)
A secondary suite may be developed only in a single detached dwelling and only in those
Land Use Districts where it is listed as a use;
(2)
Only one secondary suite shall be allowed per principal dwelling;
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(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 on-site parking space per secondary suite;
(6)
If parking space is provided in the required front yard, a minimum 30% of the front yard
must remain as landscaped area;
(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;
(8)
A Principal building with a secondary suite must be owner occupied.
9.26. PHYSICAL ENVIRONMENT
(1)
The Development Authority may consider the environmental impact of any proposed
development. The Development Authority may refer the proposal to a relevant
government department for comment in the nature of the environmental concern.
Where a proposal is considered to have a significant environmental impact, the
Development Authority may request the developer to have an environmental evaluation
prepared and submitted or undertake its own environmental evaluation regarding the
proposed development, at the cost of the developer.
9.27. NUMBER OF DWELLING UNITS PERMITTED ON A PARCEL
(1)
No person shall construct or locate more than one dwelling on a parcel of land unless:
(a)
the second or additional dwelling is contained in a building designed for or divided
into two or more dwellings has been approved with a Development Permit;
(2)
The Municipal Planning Commission may conditionally approve a temporary building to
be constructed or located in any land use district subject to the owner agreeing to remove
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such a building in accordance with the terms and conditions affixed by the Municipal
Planning Commission.
9.28. AUTO BODY SHOPS
(1)
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 or materials 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 the building except in the
"M-2"-Industrial District.
9.29. ARCHITECTURAL CONTROLS AND GUIDELINES
(1)
In addition to the land use rules for permitted and discretionary uses in the appropriate
land use district, the Town may impose conditions on a development permit as provided
for in Architectural Guidelines attached to the title by caveat.
9.30. STORAGE STRUCTURES
(1)
A storage structure shall meet the setback requirements for an accessory building in the
appropriate district;
(2)
A storage structure shall be for cold storage only and shall not be connected to utilities.
(3)
A storage structure shall be screened from view as required by the Municipal Planning
Commission and/ or may require exterior finishing to be in general conformance with the
principal building or surrounding development.
(4)
A storage structure shall not be permitted in residential areas or on parcels where the
primary land use is residential.
(5)
A storage structure shall not be used as a sign.
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(6)
A storage structure may be approved on a temporary basis during construction within any
land use district.
(7)
Portable Storage Containers (i.e. c-cans) are prohibited in residential districts
(8)
A maximum of 2 portable storage container may be approved on commercial lots at the
discretion of the Development Authority. All portable storage containers must be located
behind the principal building.
(9)
A maximum of 4 portable storage container may be approved on industrial lots at the
discretion of the Development Authority. All portable storage containers must be located
behind the principal building.
9.31. DRIVE THROUGH
(1)
The following regulations shall apply to the development of drive through services that
are applied for in connection with another use:
(a)
If outdoor speakers are provided they shall be a minimum 20 metres (66 ft.) from
the property boundary of a parcel designated as a residential district and separated
from a residential district by a building;
(b)
Drive through aisles shall be screened from residential land uses and not located
within 20 metres (66 ft.) and shall be separated by a building;
(c)
drive through aisles may be located in a required setback area if there are no safety
or nuisance concerns identified with adjacent land uses;
(d)
drive through aisles must not provide direct access to any land or street;
(e)
must not have pedestrian access located so that it crosses a drive through aisle;
(f)
must have a minimum 5 vehicle stacking spaces per order board or ordering
window for the purpose of queuing vehicles;
(g)
requires a minimum of 3 vehicle parking stalls.
9.32. WORSHIP FACILITIES
(1)
Worship Facilities where a permitted or discretionary use in this Bylaw, shall comply with
the following requirements:
(a)
Minimum frontage of 30 m (100 ft.);
(b)
Minimum site area of 929 m2 (10,000 sq. ft.);
(c)
Minimum site area if manse, rectory, parsonage or other building to be erected on
same site, 1393.5 m2 (15,000 sq. ft.);
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(d)
Front, side and rear yard requirement according to district the worship facility is
located on.
9.33. ANIMAL UNITS
(1)
The application of animal units may be applied as a condition of a development permit;
(2)
All development permits issued for Animal Units 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.
(3)
One animal unit is permitted for every 0.81 ha. (2.0 acres) of land contained within a
parcel. 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 of animals and shall not
exceed 4 animal units on any given parcel.
(4)
In the 'RA' - Residential Acreage land use district, animal units are considered a
discretionary use in accordance with the following schedule:
Type of Animal No. of Animals equivalent to one animal unit
Horse
1.0
Donkey
1.0
Sheep
Rams or ewes plus lambs
2.0
Goat
2.0
Llama
2.0
Alpaca
2.0
9.34. COMMUNICATION TOWERS
(1)
The maximum height of a communication tower is 38.10 m (125.00 ft.) or at the discretion
of the Development Authority unless otherwise stated in this Bylaw.
(2)
Industry Canada has authority over telecommunication towers and shall ensure that
municipal consultation has been taken into consideration before issuing authorization for
significant antennae structures that have potential to cause signal interference with
surrounding land uses.
9.35. BUILDING DEMOLITION
(1)
The demolition of a building must be carried out so as to create a minimum of dust or
other nuisance, and the property shall be reclaimed to a satisfactory state.
(2)
A development permit shall be required for the demolition of a building with an area of
56 m² (602.8 sq. ft.) or more.
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9.36. LANDSCAPING, ENVIRONMENTAL CONSERVATION AND DEVELOPMENT
(1)
Unless otherwise regulated elsewhere in this bylaw, the following standard of landscaping
shall be required for all areas of a parcel not covered by buildings, driveways, storage and
display areas
(a)
the conservation of existing trees and shrubs to the maximum extent possible;
(b)
areas within the Town that meet the following descriptions should be considered
to be dedicated as environmental reserve for retention in their natural state:
(i) swamps, gullies and natural drainage courses,
(ii) unstable land,
(iii) land subject to flooding by a 1:100 year flood,
(iv) land with a natural slope exceeding 15%, and
(v) a strip of land not less than 15 m (49.2 ft.) in width along any creek or
stream with such distance to be measured from the top of the bank.
(c)
the appropriate screening of outside storage areas, parking facilities and loading
areas from adjacent buildings and public roadways;
(d)
the planting of additional trees and shrubs to provide
(i) a minimum overall density of one tree per 35 m² (376.75 sq.ft.) of
landscaped area,
(ii) a minimum of 33% coniferous trees, and
(iii) a minimum height of 1.5 m (4.92 ft.) for deciduous trees and 1.0 m (3.28 ft.)
for coniferous trees;
(e)
a maximum of 15% of the parcel area being hard-landscaped;
(f)
a sufficient depth of topsoil to facilitate growth in the soft-landscaped areas, with
areas not planted to trees and shrubs being seeded to grass, sodded or left with its
natural grass cover; and
(i) completion of the landscaping by the end of the first full growing season
following the finishing of construction or the commencement of the use.
9.37. CANNABIS REGULATIONS
(1)
Must comply with the provisions set out in the Provincial Gaming, Liquor, and Cannabis Act.
(2)
Must obtain and submit a copy of the retail Cannabis Store License.
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(3)
Must not have an exterior wall located within 100 metres of a school, or boundary of a
parcel of land on which a building is located.
(4)
Must not have an exterior wall located within 100 metres of a Provincial Health Care
Facility, or a boundary of a parcel of land on which the facility is located.
9.38. GUIDELINES FOR OTHER LAND USES
(1)
Developments that are not covered by specific regulations set out in Part VII shall be:
(a)
separated from adjacent uses by such a distance as to ensure that there will be no
adverse impact upon or by those adjacent uses,
(b)
at a density which is consistent with that prevailing in the area, unless otherwise
provided for in a statutory plan,
(c)
setback from any parcel boundary abutting a public roadway a sufficient distance to
ensure that the development will not be visually intrusive, having regard to any
possible changes in surrounding uses,
(d)
of a height which will be consistent with that prevailing in the area,
(e)
designed so that there will be no adverse impact upon or by traffic on adjacent public
roadways, and
(f)
in conformance with the Municipal Development Plan and any other applicable
statutory plan policies.
9.39. CORNER AND DOUBLE FRONTING LOTS
(1)
In all districts, a site abutting onto two streets or more shall have a front yard setback on
each street in accordance with the front yard regulations of this Bylaw.
(2)
In all cases, the location of building and fences on corner sites shall be subject to approval
of the Development Authority who may, at their discretion, relax the front yard setback
requirements taking into account the location of existing adjacent buildings or the
permitted setback on adjacent sites where a building does not exist.
(3)
On corner parcels contiguous to a highway the Alberta Transportation Minimum Site
Triangle Design Guidelines shall apply.
(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, and the maximum height within
the sight triangle shall not exceed 1.0m.
(5)
In all districts, no fencing or buildings are permitted in the sight triangle on corner lots.
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PART IIX - Land Use District Map