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1
VILLAGE OF CHAUVIN
LAND USE BYLAW
1
LIST OF AMENDMENTS
The following is a list of amendments to the Village of Chauvin Land Use Bylaw. This page is provided for
information only and is not approved as part of the bylaw.
BYLAW
THIRD READING DATE
DESCRIPTION
2
GUIDE TO USING THE LAND USE BYLAW
The Village of Chauvin Land Use Bylaw establishes the regulations on how land can be developed (that is, how land
can be used, and how buildings can be constructed or moved) in the Village. Regulations vary depending on the
location, type, and density/intensity of the proposed development. Other bylaws, policies, and regulations of the
Village must also be followed, as well as all applicable acts, laws, and regulations of the Provincial and Federal
governments.
Several parts of the Land Use Bylaw need to be reviewed together to understand how the Land Use Bylaw affects the
use and development of lands within the Village.
The following steps may assist in the review of the Land Use Bylaw by a prospective development or subdivision
proponent:
LOCATE
1
Locate the subject property on the Land Use District maps. These maps divide the Village into
various Land Use Districts. Each Land Use District has a designation such as R1 - Residential District
and M - Industrial District.
Take note of which Land Use District the subject property is located in. Also note if the subject
property is affected by a statutory plan which may contain policies that affect land use and
development.
Please note that Land Use Districts are commonly referred to as "Zones" or "Zoning." To conform to
the language of the Act, this Land Use Bylaw uses the terms "District" and "Districting."
CHECK
2
Check the table of contents and locate the Land Use District you are interested in. Each Land Use
District is listed in Section 11 - Land Use Districts. In each Land Use District, you will find a list of
permitted and discretionary uses, subdivision regulations, and regulations for specific types of
development. These districts identify what can be developed in any given Land Use District.
The definitions provided in Section 3.2 - Definitions should also be consulted to ensure that words
and terms used in the Land Use Bylaw are understood.
REVIEW
3
Review the table of contents to see if any general regulations apply to the situation or use in
question. For example, Section 7 describes the enforcement procedures, Section 9.1 contains
general regulations about Accessory Buildings and Section 10.6 contains general regulations about
Home Occupations.
DISCUSS
4
Discuss your proposal/concern with the Planning and Development staff. Village staff can assist you
with your development, subdivision, or general land use inquiries, and can help explain procedures
and processes.
Please note that this page is intended to assist the reader of the Land Use Bylaw and does not form part of the
approved bylaw.
3
TABLE OF CONTENTS
LIST OF AMENDMENTS
1
GUIDE TO USING THE LAND USE BYLAW
2
1.
ADMINISTRATION
5
1.1
TITLE
5
1.2
PURPOSE
5
1.3
COMMENCEMENT
5
1.4
REPEAL
5
1.5
AREA OF APPLICATION
5
1.6
CONFORMITY
5
1.7
COMPLIANCE
5
1.8
SEVERABILITY
5
1.9
FIGURES
5
2.
AUTHORITIES
6
2.1
COUNCIL
6
2.2 DEVELOPMENT AUTHORITY
6
2.3 DEVELOPMENT OFFICER
6
2.4 MUNICIPAL PLANNING COMMISSION
6
2.5 SUBDIVISION AUTHORITY
6
2.6 SUBDIVISION AND DEVELOPMENT APPEAL BOARD
6
3.
INTERPRETATION
7
3.1
MEASUREMENTS
7
3.2 DEFINITIONS
7
3.3 ALL OTHER TERMS
23
4.
AMENDMENTS
24
4.1
APPLICATIONS
24
4.2
PUBLIC HEARING AND DECISION
25
5.
DEVELOPMENT PERMITS
26
5.1
CONTROL OF DEVELOPMENT
26
5.2 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
26
5.3 NON-CONFORMING BUILDINGS AND USES
27
5.4 APPLICATION REQUIREMENTS
28
5.5 PERMISSION FOR DEMOLITION
30
5.6 PROCESSING DEVELOPMENT PERMIT APPLICATIONS
31
5.7 NOTICE OF COMPLETE OR INCOMPLETE DEVELOPMENT PERMIT APPLICATIONS
31
5.8 DEVELOPMENT PERMIT CONDITIONS AND DEVELOPMENT AGREEMENTS
32
5.9 VARIANCES
32
5.10 DEVELOPMENT PERMIT NOTICES
33
5.11 CANCELLATION
33
5.12 COMPLIANCE WITH LEGISLATION AND AGREEMENTS
33
6.
SUBDIVISION APPLICATIONS
34
6.1 SUBDIVISION OF LAND
34
6.2 SUBDIVISION APPLICATION REQUIREMENTS
34
6.3 SUBDIVISION AUTHORITY PROCESS
35
6.4 NOTICE OF COMPLETE OR INCOMPLETE SUBDIVISION APPLICATIONS
35
6.5 DUTIES OF THE SUBDIVISION AUTHORITY
36
6.6 REQUIREMENTS AND CONDITIONS OF SUBDIVISION APPROVAL
36
7.
SUBDIVISION AND DEVELOPMENT APPEALS
37
7.1
DEVELOPMENT APPEALS
37
7.2
SUBDIVISION APPEALS
38
7.3
HEARING AND DECISION
38
8.
ENFORCEMENT
39
8.1
SCOPE OF ENFORCEMENT
39
8.2 PROVISION OF ENFORCEMENT
39
8.3 PROHIBITION
39
8.4 RIGHT OF ENTRY
39
4
8.5 VIOLATION WARNINGS
39
8.6 OFFENSES AND FINES
39
8.7 STOP ORDERS
39
8.8 ENFORCEMENT OF STOP ORDERS
40
8.9 VIOLATION TAGS AND TICKETS
40
9.
GENERAL LAND USE REGULATIONS
41
9.1 ACCESSORY BUILDINGS
41
9.2 APPEARANCE AND DESIGN OF BUILDINGS AND YARDS
42
9.3 CORNER AND DOUBLE FRONTING LOTS
42
9.4 CORNER SITES AND SITE LINE PROTECTION
42
9.5 DECKS
43
9.6 DWELLING UNITS ON A LOT
43
9.7 EXISTING SUBSTANDARD LOTS
43
9.8 FENCES AND WALLS
43
9.9 HISTORICAL AND ARCHAEOLOGICAL SITES
44
9.10 LANDSCAPING
44
9.11 OBJECTS PROHIBITED OR RESTRICTED IN YARDS
44
9.12 OFF-STREET LOADING
45
9.13 OFF-STREET PARKING
45
9.14 PROJECTION INTO YARDS
47
9.15 PROTECTION FROM EXPOSURE HAZARDS
47
9.16 SIGNS
47
9.17 SITE DEVELOPMENT
48
9.18 SOUR GAS FACILITIES
48
9.19 TREE REMOVAL
48
9.20 WATER SUPPLY AND SANITARY FACILITIES
48
10. SPECIFIC LAND USE REGULATIONS
49
10.1 ALCOHOL RETAIL SALES
49
10.2 BED AND BREAKFAST ESTABLISHMENTS
49
10.3 CANNABIS PRODUCTION AND DISTRIBUTION
49
10.4 CANNABIS RETAIL SALES
50
10.5 DRIVE-IN BUSINESSES
51
10.6 HOME OCCUPATIONS
52
10.7 INDUSTRIAL DEVELOPMENT
53
10.8 MANUFACTURED HOMES
53
10.9 MIXED-USE DEVELOPMENTS
55
10.10 MULTIPLE DWELLING DEVELOPMENTS
55
10.11 RECREATIONAL VEHICLES
55
10.12 SEA CANS
56
10.13 SERVICE STATIONS (INCLUDING GAS BARS)
56
10.14 SUITES, GARAGE
57
10.15 SUITES, GARDEN
57
10.16 SUITES, SECONDARY
58
10.17 SUITE, SURVEILLANCE
58
11. LAND USE DISTRICTS
60
11.1 ESTABLISHMENT OF LAND USE DISTRICTS
60
12. R1 - RESIDENTIAL
61
13. RMHS - RESIDENTIAL MANUFACTURED HOME SUBDIVISION
63
14. RMHP - RESIDENTIAL MANUFACTURED HOME PARK
64
15. C1 - CENTRAL COMMERCIAL
65
16. C2 - SECONDARY COMMERCIAL
66
17. M - INDUSTRIAL
67
18. P - COMMUNITY
68
19. I - INSTITUTIONAL
69
20. UR - URBAN RESERVE
70
21. DC - DIRECT CONTROL
71
22. LAND USE DISTRICT MAP
72
5
1.
ADMINISTRATION
1.1
TITLE
1.1.1
The title of this Bylaw shall be the Village of Chauvin Land Use Bylaw (Bylaw 2024-03).
1.2
PURPOSE
1.2.1
The purpose of this Bylaw is to prohibit, regulate, and/or control the use and development of land and
buildings within the municipality to achieve the orderly and economic development of land, and:
a.
to divide the municipality into districts;
b.
to prescribe and regulate for each district the purposes for which land and buildings may be used;
c.
to establish the office of the Development Authority;
d.
to establish a method of making decisions on applications for development permits;
e.
to provide the manner in which notice of the issuance of a development permit is to be given;
f.
to establish the number of dwelling units allowed on a lot;
g.
to establish a system of subdivision and development appeals; and
h.
to comply with:
i.
approved statutory plans;
ii.
the Municipal Government Act, R.S.A. 2000, c.M-26, as amended or replaced; and
iii.
the Provincial Land Use Policies (or, where applicable, a regional plan adopted under the
Alberta Land Stewardship Act, as amended or replaced).
1.3
COMMENCEMENT
1.3.1
This Bylaw comes into effect upon the date of its third reading.
1.4
REPEAL
1.4.1
Bylaw No. 98-01 as amended, is hereby repealed.
1.5
AREA OF APPLICATION
1.5.1
The regulations of this Bylaw apply to all land and buildings within the Village of Chauvin.
1.6
CONFORMITY
1.6.1
No person shall commence any subdivision or development within the Village of Chauvin unless it is in
accordance with the regulations of this Bylaw.
1.7
COMPLIANCE
1.7.1
Compliance with the requirements of this Bylaw does not exempt a person from:
a.
The requirements of any federal or provincial legislation;
b.
The policies and regulations of the municipality's statutory plans and bylaws; and
c.
Complying with any easement, covenant, agreement, or contract affecting the development.
1.8
SEVERABILITY
1.8.1
Each separate provision of this Bylaw shall be deemed independent of all other provisions.
1.8.2
If any provision of this Bylaw is declared invalid, that provision shall be severed, and all other provisions of
the Bylaw shall remain in force and effect.
1.9
FIGURES
1.9.1
Figures are included within this Bylaw for information purposes; they do not form part of the approved
Bylaw.
6
2.
AUTHORITIES
2.1
COUNCIL
2.1.1
Council shall perform such duties as specified in this Bylaw.
2.1.2
In addition, Council shall decide upon all development permit applications within a Direct Control District,
as stated in the Act.
2.2
DEVELOPMENT AUTHORITY
2.2.1
The Development Authority is hereby established.
2.2.2
The Development Authority shall perform such duties that are specified in this Bylaw.
2.2.3
The Development Authority shall be:
a. the Municipal Planning Commission; and
b. the Development Officer of the Village, as appointed by resolution of the Council. If no person or
persons are appointed, the Chief Administrative Officer shall act as Development Authority.
2.2.4
For the purposes of section 542 of the Act, the person (or persons) holding the office of the Development
Authority is a designated officer of the Municipality.
2.3
DEVELOPMENT OFFICER
2.3.1
The Development Officer shall perform such duties and responsibilities specified in this Bylaw.
2.3.2
The Development Officer shall:
a. keep and maintain for the inspection of the public during all reasonable hours, a copy of this Bylaw
and all amendments thereto; and
b. keep a register of all applications for development, including a record of decisions and reasons for
decisions. This information shall be made available to the public upon request in accordance with
the Freedom of Information and Protection of Privacy Act.
2.3.3
The Development Officer may sign on behalf of the Development Authority any order, decision, approval,
notice, or other thing made or given by it.
2.4
MUNICIPAL PLANNING COMMISSION
2.4.1
The Municipal Planning Commission is hereby given the authority to decide on development applications
referred by the Development Officer and may act in place of the Development Officer.
2.4.2
The Municipal Planning Commission:
a. Is authorized to act as the Development Authority in those matters prescribed in this Bylaw and the
Municipal Planning Commission Bylaw, as amended or replaced;
b. Shall consider (and if necessary, state) terms and conditions on any other planning or development
matter referred by the Development Officer or Administration;
c. May direct the Development Officer or Administration to review, research or make
recommendations on any other planning and development matter;
d. Make recommendations to Council on planning and development matters; and
e. Shall perform such duties and responsibilities as specified in this Bylaw.
2.5
SUBDIVISION AUTHORITY
2.5.1
The Subdivision Authority of the Village of Chauvin shall be established by the Subdivision Authority Bylaw.
2.5.2
The Subdivision Authority shall be appointed by resolution of Council.
2.5.3
The Subdivision Authority shall perform such duties as are specified in this Bylaw and the Act.
2.6
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
2.6.1
The Joint Subdivision and Development Appeal Board established by the Village's Subdivision and
Development Appeal Board Bylaw shall perform such duties as specified in Section 7 of this Bylaw.
7
3.
INTERPRETATION
3.1
MEASUREMENTS
3.1.1
Within this Bylaw, both metric and imperial measures are normally provided. Imperial measurements may
be provided within brackets. Imperial measures are approximate, and are provided only for information,
in order to provide some comparison for persons who are unfamiliar with metric measures.
3.1.2
Metric measurements shall take precedence over imperial measurements for the purposes of
interpretation in this Bylaw.
3.2
DEFINITIONS
3.2.1
In this Bylaw:
A
3.2.2
"abut" means immediately contiguous to, or physically attaching to, and when used in respect of a lot,
means that the lot physically touches upon another lot and shares a property line with it.
3.2.3
"accessory building" means:
a. a building separate and subordinate to the principal building, the use of which is incidental to that of
the principal building and is located on the same lot; or
b. A building on a lot that is used primarily for the storage and maintenance of motor vehicles,
equipment, tools, and other chattel.
An accessory building shall not be used as a dwelling and may only be developed as a garage suite if a
development permit authorizing the use has been approved.
3.2.4
"accessory use" means a use customarily incidental and subordinate to the principal use or building, which
is located in the same lot with such principal use or building.
3.2.5
"Act" means the Municipal Government Act, R.S.A. 2000, M-26 as amended.
3.2.6
"adjacent" means land that is immediately contiguous to a site or
would be immediately contiguous to a site if not for a road, lane,
walkway, watercourse, utility lot, pipeline right-of-way, power
line, railway, or similar feature.
3.2.7
"adult use" means any of the following: Adult Bookstore, Adult
Motion Picture Theater, Adult Paraphernalia Store, Adult Video
Store, and Live Nudity Establishment or any other business or
establishment characterized by an emphasis depicting,
describing, or related to sexual conduct or excitement. For the
purposes of this definition an adult use is any use or
combination of uses which either have greater than twenty-five
percent (25%) of the subject establishment's inventory stock; or
twenty-five percent (25%) of the subject premise's gross floor
area, or 18.6 m2 (200.0 ft.2), whichever is greater devoted to
materials for sale or rent distinguished by or characterized by their emphasis depicting, describing, or
relating to sexual conduct or sexual excitement.
3.2.8
"alcohol retail sales" means an establishment or that part of an establishment possessing a Class D liquor
license which is used for the retail sales of any and all types of alcoholic beverages to the public for
consumption off premises. This use may include the sale of alcohol as well as the retail sales of related
products such as soft drinks and snack foods. This use class does not include cannabis stores;
3.2.9
"amusement establishment, indoor" means a development providing recreational facilities with table
games and/or electronic games, used by patrons for entertainment. Indoor amusement establishments
include billiard parlours, electronic games arcades with tables and/or games, bowling alleys, and gambling
machines such as video lottery terminals.
3.2.10
"amusement establishment, outdoor" means a development providing recreational facilities outdoors
played by patrons for entertainment. Outdoor amusement establishments include amusement parks, go-
8
cart tracks, and miniature golf courses. However, outdoor amusement establishments do not include
drive-in motion picture theatres, carnivals, or circuses.
3.2.11
"apartment" see "dwelling, apartment"
3.2.12
"auctioneering establishment" means a development specifically intended for the auctioning of goods and
equipment, including the temporary storage of such goods and equipment. Auctioneering establishments
do not include flea markets.
3.2.13
"automobile, light truck and recreational vehicle sales and service" means a development where new or
used automobiles, manufactured homes, trucks, motorcycles, snowmobiles, tent trailers, boats, travel
trailers, or similar recreational vehicles or craft are sold or rented, together with incidental maintenance
services and sale of parts. These include automobile and truck dealerships, recreational vehicle
dealerships, car rental agencies and motorcycle dealerships.
B
3.2.14
"basement" means the portion of a building which is wholly or partially below grade, having above grade
no more than 1.8 m (6.0 ft.) of its clear height which lies below the finished level of the floor directly above.
3.2.15
"bed and breakfast operation" means a dwelling where temporary sleeping accommodations (up to a
maximum of three (3) bedrooms) with or without meals, are provided for remuneration to members of the
public.
3.2.16
"buffer" means a row of trees, shrubs, berm(s), or fencing to provide visual screening and separation
between sites and incompatible land uses.
3.2.17
"building grade" see "grade, building"
3.2.18
"building pocket" means the land on which yard amenity areas, the main building on the site, and all
accessory buildings will be situated.
3.2.19
"bulk fuel storage and sales" means lands, buildings and structures for the storage and distribution of fuels
and oils including retail sales and key/card lock operations.
3.2.20
"business support service" means a development providing support services to businesses. Business
support services are characterized by one or more of the following features: the use of minor mechanical
equipment for printing, duplicating, binding or photographic processing; the provision of office
maintenance or custodial services; the provision of office security; the provision of technological services
such as computer hardware and/or software maintenance, desktop publishing, website design and/or
hosting, and the like; or the sale, rental, repair or servicing of office equipment, furniture and machines.
Business support services include printing establishments, film processing establishments, computer
service establishments, janitorial firms, and office equipment sales and repair establishments.
C
3.2.21
"cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil, cannabis plant seeds and
any other substance defined as cannabis on the Cannabis Act (Canada) and its regulations, as amended
from time to time and includes edible products that contain cannabis.
3.2.22
"cannabis medical" means cannabis that is intended for medical purposes in accordance with applicable
federal law.
3.2.23
"cannabis accessory" means as defined in the Cannabis Act (Canada) and its regulations, as amended from
time to time. A Cannabis Accessory includes, but is not limited to, rolling papers or wraps, holders, pipes,
water pipes, bongs, and vaporizers.
3.2.24
"cannabis distribution and production" means development used for the distribution and production of
Cannabis that is authorized by provincial or federal legislation. This Use will include distribution and
3.2.25
"cannabis lounges" means development where the primary purpose of the facility is the sale of Cannabis
to the public, for consumption within the premises that is authorized by provincial or federal legislation.
3.2.26
production sales of cannabis as approved by the Alberta Gaming, Liquor and Cannabis Commission and
must have a provincial license.
3.2.27
"cannabis store" means development used for the retail sale of Cannabis that is authorized by provincial or
federal legislation. This Use will include retail sales of cannabis and cannabis accessories as approved by
9
the Alberta Gaming, Liquor and Cannabis Commission and must have a provincial retail Cannabis license.
This Use does not include Cannabis Production and Distribution.
3.2.28
"canopy" means a projection extending from the outside wall of a building normally for the purpose of
shielding a part of the building from the sun.
3.2.29
"carport" means a roofed structure used for storing or parking of not more than two private vehicles which
has not less than 40% of its total perimeter open and unobstructed.
3.2.30
"cemetery" means land that is set apart or land that is used for the burial or interment of human remains.
This includes a memorial park, a burial ground, a columbarium, a mausoleum, or a crematorium.
3.2.31
"chattel" means a moveable item of private property.
3.2.32
"childcare facility" means a development where the care, maintenance, education, and/or supervision of
four or more children under the age of thirteen (13) years is carried out, by persons other than ones
related by blood or marriage, for periods not exceeding twenty-four (24) consecutive hours. Childcare
facilities include daycare centres, nurseries, kindergartens, and after-school or baby-sitting programs.
3.2.33
"commercial school" means a development where training and instruction in a specific trade, skill or
service is provided for the financial gain of the individual or company owning the school. Commercial
schools do not include public schools, but include secretarial, business, hairdressing, beauty culture,
dancing, or music schools.
3.2.34
"corner lot" see "lot corner."
3.2.35
"Council" means the Council of the Village of Chauvin.
D
3.2.36
"day home" means a provincially licensed childcare facility operated from a residence.
3.2.37
"development" means:
a. an excavation or stockpile and the creation of either of them;
b. a building or an addition to or replacement or repair of a building and the construction or placing of
any of them on, in, over or under land;
c. removal or demolition of a building or structure in whole or in part;
d. 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;
e. 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;
f.
redevelopment of a previously developed lot;
g. stripping;
h. grading;
i.
recontouring; or
j.
a change of use of land or a building that alters natural drainage patterns.
3.2.38
"Development Authority" means the Development Authority established by this the municipality's
Development Authority Bylaw and appointed by Council.
3.2.39
"Development Officer" means the person(s) appointed as the Village's Development Officer as established
by this bylaw.
3.2.40
"development permit" means a document authorizing a development issued pursuant to this Bylaw.
3.2.41
"discretionary use" means the use of land or a building provided for in this Bylaw for which a development
permit may be issued, by the Development Authority, upon an application having been made;
3.2.42
"drainage" means the process or system by which natural runoff water flows away.
3.2.43
"drive-in business" means a development which serves customers travelling in motor vehicles driven onto
the site where such business is carried on, where normally the customer either remains in the vehicle for
service or parks the vehicle for a short period for the purpose of doing business at the premises. Drive-in
businesses include, but are not limited to, service stations, gas bars, drive-in restaurants, drive-through
vehicle service establishments such as lubrication shops, recycling depots, and car washes.
3.2.44
"dry cleaning depot" means an establishment which receives articles or goods of fabric to be subjected to
the process of dry cleaning, dry dyeing or cleaning, processing, or repairing elsewhere or onsite, and
distributes any such articles or goods which have been subjected to any such processes.
10
3.2.45
"duplex" see "dwelling, duplex."
3.2.46
"dwelling" means any building used exclusively for human habitation and which is supported on a
permanent foundation or base extending below ground level. This definition shall include single-detached
dwellings, duplexes, row housing, fourplexes, apartments, modular homes, and manufactured homes. A
recreational vehicle shall not be used as a dwelling in the Village.
3.2.47
"dwelling, apartment" means a dwelling containing five (5) or more dwelling units but shall not mean row
housing.
3.2.48
"dwelling, duplex" means a dwelling containing two (2) dwelling units which share a common wall, and
which are located either side by side or one above the other and which may or may not share common
access.
3.2.49
"dwelling, fourplex" means a dwelling containing four (4) dwelling units which may be accessed from
outside or from an internal landing or staircase but shall not mean row housing.
3.2.50
"dwelling, manufactured home" means a dwelling that is designed to be transported on its own wheels or
by other means, and upon arriving at the site for location is, apart from incidental operations such as
placement of foundation supports and connections of utilities, ready for year-round use as
accommodation for a single household. This definition shall include a dwelling that would otherwise be a
single-detached dwelling if the ratio of depth vs. width (or width vs. depth) were less than 3:1, or if the
depth of eaves were greater than 0.9 m (3.0 ft.) If the ratio is greater than 3:1 or if the depth of eaves is
less than 0.9 m (3.0 ft.), the dwelling shall be considered to be a manufactured home.
3.2.51
"dwelling, modular" means a single-detached dwelling constructed in large sections, away from the home
site, and under controlled conditions, and which appears indistinguishable in design and finish from a site-
built dwelling. It does not refer to a type of dwelling but rather to a method of construction. A modular
dwelling is not considered a park model or a manufactured home.
3.2.52
"dwelling, row housing" means a dwelling or dwellings, each of which consists of at least three (3) dwelling
units with each unit having direct access to the outside but shall not mean a "fourplex".
3.2.53
"dwelling, single-detached" means a dwelling consisting of one (1) dwelling unit, including modular homes
but does not include a manufactured home or a park model unit.
3.2.54
"dwelling, tiny home" means a dwelling that is 37.2 m2 (400.0 ft.2) or less in floor area, whether on wheels
or a temporary or permanent foundation.
3.2.55
"dwelling triplex" means a dwelling containing three (3) dwelling units which may have access from an
internal landing or staircase but shall not mean row housing.
3.2.56
"dwelling unit" means a complete dwelling or self-contained portion of a dwelling, or a set or suite of
rooms which contains sleeping, cooking and separated or shared toilet facilities, intended for domestic
use, and used or intended to be used permanently or semi-permanently as a residence for a household,
and which is not separated from direct access to the outside by another separate dwelling unit.
E
3.2.57
"easement" means a right to use land, for access to other property or as a right-of-way for a public utility.
3.2.58
"easement, environmental reserve" means an environmental reserve easement as determined in
accordance with the Act.
3.2.59
eating and drinking establishment" means an establishment where a combination of food and/or alcoholic
or non-alcoholic drink are intended to be consumed within the confines of the establishment excluding
cannabis lounges.
3.2.60
"entertainment establishment" means a development where people may be entertained by music, theatre,
or the like. An entertainment establishment may include theatre, dancing, or cabaret entertainment,
whether recorded or live. An eating and drinking establishment may contain within it an entertainment
establishment, but only if specifically provided for in an approved development permit.
3.2.61
"environmentally sensitive area" means:
a. hazardous lands and areas that are unsuitable for development in their natural state (i.e.,
floodplains, steep and unstable slopes);
b. areas that perform a vital environmental, ecological, or hydrological function (i.e., aquifer or
recharge groundwater storage areas);
11
c.
areas that contain unique geological or physiological features;
d.
areas, buildings, or features that are important for cultural, historical, prehistoric, or archeological
reasons;
e.
areas that contain significant rare or endangered animal or plant species;
f.
areas containing unique habitats with limited representation in the region or small remnants of
previously abundant habitats which have virtually disappeared;
g.
areas that contain large, relatively undisturbed habitats and provide shelter for species that are
intolerant of human disturbance;
h.
areas that provide an important link for the natural migration of wildlife; and/or
i.
riparian areas of water bodies, wetlands, and watercourses.
3.2.62
"environmentally significant area" (ESA) means areas that are important to the long-term maintenance of
biological diversity, physical landscape features and/or other natural processes, both locally and within a
larger spatial context. ESAs are determined by the Government of Alberta as per the criteria and
evaluation matrix outlined in Environmentally Significant Areas in Alberta: 2014 Update.
3.2.63
"erosion and sediment control plan" means a plan that satisfies the requirements of the Development
Authority which is to be provided to the contractor for implementation to address erosion and
sedimentation issues both through temporary measures during construction and permanent measures to
address post-construction conditions. It provides details about how the site will be managed during
construction for the preservation of vegetation, topsoils, and municipal infrastructure and must detail how
noise, erosion, mud, and sediment transport will be controlled and minimized, how the disturbance of
vegetation and topography will be minimized.
3.2.64
"equipment rental establishment" means a development where tools, appliances, recreation craft, office
machines, furniture, light construction and light farming equipment, or comparable items are rented and
serviced. Equipment rental establishments do not include developments where motor vehicles or
industrial equipment are rented or serviced.
3.2.65
"excavation" means any breaking of ground, except common household gardening and ground care which
may alter lot grading or drainage patterns.
3.2.66
"existing" means existing on the date on which this bylaw comes into force, unless otherwise noted.
3.2.67
"extensive agriculture" means the use of land or buildings, related to an agricultural operation, but not
including intensive agriculture, or a confined feeding operation or manure storage facility if the confined
feeding operation or the manure storage facility is the subject of approval, registration or authorization
under Part 2 of the Agricultural Operations and Practices Act.
3.2.68
"exterior wall" means the outermost point of a building projection, including, but not limited to bay
windows, oval windows, chimneys, and verandas, but not including roof overhangs less than 0.6 m (2.0 ft.).
F
3.2.69
"family care facility" means a facility which provides resident service in a dwelling to six (6) or fewer
individuals who are not related to the resident household. These individuals need adult supervision and
are provided service and supervision in accordance with their individual needs. This category includes
foster or boarding homes for children, group homes and family homes.
3.2.70
"fence" means a physical barrier constructed from typical building material for the purpose of providing
aesthetic decoration, visual screening, sound abatement, or to prevent unauthorized access.
3.2.71
"finished grade" see "grade, finished."
3.2.72
"firewall" means a type of fire separation of non-combustible construction which subdivides a Building or
separates adjoining Buildings to resist the spread of fire and which has a fire-resistance rating as
prescribed in the Alberta Building Code and has structural stability to remain intact under fire conditions
for the required fire-rated time.
3.2.73
"fleet services" means a development which administers a number of vehicles which deliver people, goods,
or services, and where such vehicles are not available for sale or long-term lease. Fleet services may
include the storage and servicing of administered vehicles. Fleet services may include ambulance services,
taxi services, bus lines, messenger and courier services and moving or cartage firms.
12
3.2.74
"floor area" means the total area of all floors of all buildings, not including accessory buildings, located on
any lot, excluding the area of basement floors, except that all dwelling units in apartment buildings shall
be included in the calculation of floor area.
3.2.75
"food and beverage production" means a commercial facility in which food or beverage products or both
are manufactured, produced, or otherwise prepared for human consumption but not consumed on the
premises. This may include a retail component; however, this retail component shall be accessory to the
principal use. Typical uses may include a bakery, pre-packaged foods, water bottling and catering facilities.
This does not include food service or mobile catering. The impact of this use shall not extend beyond the
boundaries of the building.
3.2.76
"fourplex" see "dwelling, fourplex."
3.2.77
"foundation" means the lower portion of a building and includes the footings which transfer the weight of
and loads on a building to the ground. Though normally below grade, a foundation may be above or at
grade.
3.2.78
"fragmented parcel" means a lot that is separated from the balance of a titled area by a natural barrier
such as a water body or a coulee, or by a physical barrier such as a road or highway, either of which may
prohibit reasonable or normal access.
3.2.79
"front line" means the boundary line of a lot lying adjacent to a road. In the case of a corner lot, the shorter
of the two boundary lines adjacent to the road shall be considered the front line.
3.2.80
"front yard" see "yard, front".
3.2.81
"funeral home" means a development where the dead are prepared for burial or cremation and where
funeral services are held. Funeral homes include undertaking establishments.
G
3.2.82
"garage" means an accessory building or part of a main principal building designed and used primarily for
the storage of motor vehicles, recreational vehicles, and/or boats, and chattel and is not intended to be
occupied.
3.2.83
"gazebo" means a freestanding, roofed structure that is not enclosed except for screening or glass and is
utilized for the purposes of relaxation in conjunction with a residential dwelling. A gazebo is not serviced
by permanent electrical or heating. A gazebo is not considered a tented structure for the purposes of this
bylaw.
3.2.84
"geotechnical report" means a report prepared by a qualified professional that may include the following.
a. slope stability, including slope setback distances, cross-sections of the slope area both before and
after development and final grading (The height and existing angle of the slope verified by accurate
historical survey data or site-specific information completed by a qualified surveyor);
b. seasonally adjusted and recommended water tables;
c. recommended building foundations and basement construction; and
d. soil bearing capabilities.
3.2.85
"general industrial use" see "industrial use, general."
3.2.86
"general retail store" means a development where groceries, beverages, household goods, furniture,
appliances, home improvement supplies, hardware, printed matter, confectionary, tobacco,
pharmaceutical, personal care items, automotive parts and accessories, electronic equipment, recordings,
office equipment, stationery, second hand goods, and similar goods are bought, rented, and sold from
within a building. Minor public services, such as postal services and film processing depots may also be
provided. General retail stores do not include developments where gasoline, new or used motor vehicles,
manufactured homes, recreational vehicles, or heavy agricultural and/or industrial equipment are sold or
rented.
3.2.87
"government services" means a development where municipal, provincial, or federal government services
are provided directly to the public. Government services do not include protective and emergency services,
major and minor utility services, and public education facilities. Government services may include
government administration offices, courthouses, postal distribution offices, workforce and employment
offices and social services offices.
13
3.2.88
"grade, building" means for the purposes of determining building height, the average level at which the
existing undisturbed ground intersects the building foundation.
3.2.89
"grade, finished" means the local elevation of the ground after landscaping.
3.2.90
"green space" means an area of grass, trees, or other vegetation set apart for aesthetic purposes in an
otherwise urban environment.
3.2.91
"greenhouse/plant nursery" means development for the growing, acclimating, propagating, harvesting,
displaying and retail sale of fruits, vegetables, bedding plants, household, and ornamental plants, including
trees for landscaping or decorative purposes, and that are not accessory to an agricultural use. It may
include accessory uses related to the storage, display, and selling of gardening, nursery, and related
products. This use does not include cannabis production and distribution facilities, cannabis retail sales
establishments, or industrial hemp production and distribution facilities.
3.2.92
"gross leasable floor area" means that a portion of the floor area is leased to a tenant for their exclusive
use and does not include any shared areas such as an internal mall, stairs, washrooms, etc. to be used by
the complex as a whole.
3.2.93
"ground floor area" means the total area of a lot including accessory buildings which is covered by any
building or structure.
3.2.94
"group home" means a building or portion of a building used for the care or rehabilitation of children,
adolescents, or adults.
H
3.2.95
"health service" means a facility for surgical or other medical treatment for the sick, injured or infirmed
including outpatient services and accessory staff residences. This includes but is not limited to hospitals or
nursing homes with health care for dependent residents, mental care asylums, sanatoria, and
detoxification centres. Health services also includes the provision of physical and mental health services
on an outpatient basis. Services may be of a preventive, diagnostic, treatment, therapeutic, rehabilitative,
or counselling nature. This includes medical and dental offices, health clinics, acupuncture clinics,
physiotherapy, massage therapy, and counselling services.
3.2.96
"height" means, when used in reference to a building, the vertical distance between a horizontal plane
through the average elevation at the four corners of the subject lot and a horizontal plane through:
a. the highest point in the roof in the case of a building with a flat root or a roof having a slope of less
than 20 degrees; or
b. the average level between the eaves and ridges in the case of a pitched, gambrel, mansard, hipped
roof, or a roof having a slope of more than 20 degrees, provided that in such cases the ridge line of
the roof shall not extend more than 1.5 m (4.9 ft.) above the maximum allowed building height of
the applicable Land Use District.
3.2.97
"highway commercial use" means a commercial use intended to serve the motoring public and includes,
but is not limited to, service or gas stations, drive-in restaurants, and motels.
3.2.98
"historic resource" means a building, structure, or area designated by a municipal, provincial, or federal
authority to be historically significance.
3.2.99
"home occupation" means a business, occupation, trade, profession, or craft carried on by an occupant of
a dwelling as a use secondary to the residential use of the building which does not change the character
thereof. For the purposes of this Bylaw, home occupations are divided into two types:
a. minor home occupations; and
b. major home occupations.
3.2.100 "home occupation, major" means a business, occupation, trade, profession, or craft that is carried on as a
secondary use within a dwelling and/or within the accessory buildings associated with that dwelling by at
least one permanent resident of said dwelling, and which may increase traffic circulation in the
neighbourhood in which it is located. A home occupation does not change the character of the dwelling in
which it is located or have any exterior evidence of secondary use other than a small sign as provided for
in this Bylaw. Major home occupations may generate some external impacts on the neighbourhood due to
regular business activities. These impacts may include:
a. traffic generation due to client visits to the site;
14
b. dust and/or noise due to use of equipment on the site; or
c. visual impacts due to outdoor storage.
A major home occupation shall not include a hobby farm or a farming operation.
3.2.101 "home occupation, minor" means any business, occupation, trade, profession, or craft that is carried on as
a secondary use within a dwelling, but not within any accessory buildings associated with that dwelling, by
at least one permanent resident of said dwelling, and which does not increase traffic circulation in the
neighbourhood in which it is located. A minor home occupation does not change the character of the
dwelling in which it is located or have any exterior evidence of secondary use other than a small sign as
provided for in this Bylaw.
3.2.102 "hotel" means a development where members of the travelling public are lodged for brief periods of time,
normally not exceeding seven (7) days, in rentable units, where access to the rentable units is from a
common entranceway. A hotel may include eating and drinking establishments, meeting rooms, personal
services shops, indoor amusement establishments, and general retail stores no larger than 100.0 m2 (1076
ft.2) but shall not include any entertainment establishment unless specifically approved by the
Development Authority.
I
3.2.103 "industrial use, light" means manufacturing, fabricating, processing, repairing, storing, wholesaling, and/or
distributing of goods and materials in such a manner that all activities take place inside buildings such
that, in the sole opinion of the Development Authority, no noise, dust, glare, heat, or any other emission
will be evident outside the building.
3.2.104 "industrial use, medium" means development which involves the manufacturing, processing, fabrication,
storage, transportation, distribution or wholesaling of goods and services, where no adverse
environmental impact (noise, smoke, odour, dust, or vibration) takes place beyond the boundaries of the
lot on which the medium industry is located. For the purpose of this bylaw, dust refers to that which is
produced as a result of the land use of the lot, rather than that which is produced as a result of travelling
to and from the lot. This use includes cannabis production and distribution and industrial hemp
production and distribution facilities.
3.2.105 "industrial use, heavy" means a development which would be a medium industrial use except that, in the
opinion of the Development Authority, the development may not be able to co-exist compatibly in
proximity to other uses or population concentrations due to:
a. the potential for an adverse environmental impact beyond the immediate site of the heavy
industrial use; or
b. the potential for significant toxic or noxious by-products such as air or water-borne emissions; or
c. the potential to emit significant noise, smoke, dust, odour, vibration, etc., which may be offensive or
hazardous to human health, safety, or well-being.
Heavy industrial uses also include the storage of toxic, flammable, or explosive products in significant
quantities; rendering plants; large scale cannabis production and distribution; large scale industrial hemp
production and distribution facilities; and natural resource or agricultural product processing plants or large-
scale outdoor storage that is unsightly or visually offensive. Heavy industrial uses do not include heavy
petrochemical industrial uses.
3.2.106 "industrial use, heavy petrochemical" means a development involved in the processing and manufacturing
of petrochemicals, including oil and gas refining, which, in the opinion of the Development Authority, may
emit a significant level of noise, smoke, dust, odour, vibration, etc., and which may not be compatible with
the surrounding land use. This use does not include industrial hemp production and distribution facilities
or cannabis production and distribution.
3.2.107 "institutional use" means use types including but not limited to public offices, educational facilities
(schools), cemeteries, funeral homes, libraries and cultural exhibits, places of worship and churches.
15
J, K
3.2.108 "kennel" means a development in which more than two (2) dogs are maintained, boarded, bred, trained,
cared for, or kept for purposes of sale or in which more than two (2) dogs not owned by the resident(s) of
the lot on which the kennel is located are kept or cared for.
L
3.2.109 "landscaping" means the incorporation, preservation, or enhancement of vegetation and other materials
on a site which are intended to improve the aesthetic appeal of the site, contribute to the character of a
neighbourhood, and/or harmonize the site with its surrounding natural environment and may include the
placement or addition of any or a combination of soft landscaping elements and/or hard landscaping
elements. This does not include stripping, grading, shoreline modification (with non-vegetative materials),
and architectural elements (i.e., decorative fencing, sculpture).
3.2.110 "landscaping plan" means a site plan detailing the design of the non-building area of a site.
3.2.111 "libraries and cultural exhibit" means a development where literary, artistic, municipal and/or similar
reference materials in the form of books, manuscripts, recordings, and films are stored, collected, and
distributed for public use, viewing, or enjoyment; or a development where works or objects of historical,
scientific, or artistic value are collected, preserved, and exhibited to the public. Libraries and cultural
exhibits include libraries, museums, and art galleries.
3.2.112 "light industrial use" see "industrial use, light."
3.2.113 "lot" means:
a. a quarter section, or
b. a part of a lot described in a certificate of title
if the boundaries of the part are separately
described in the certificate of title other than
by reference to a legal subdivision, or
c. a part of a lot described in a certificate of title
if the boundaries of the part are described in
a certificate of title by reference to a plan of
subdivision.
3.2.114 "lot, corner" means a lot with boundary lines on
two separate roads or a single road that curves at
an angle of sixty (60) degrees or more at the subject lot. For the purposes of this definition, a road shall not
include a lane.
3.2.115 "lot coverage" means the calculation of the ground floor area divided by the area of the lot.
3.2.116 "lot depth" means the average distance between front and rear property lines of a lot.
3.2.117 "lot, double fronting" means a lot which abuts two (2) roads (except alleys or lanes as defined in the Traffic
Safety Act, R.S.A. 2000, c. T-06, as amended) which are parallel or nearly parallel abutting the lot but does
not include a corner lot.
3.2.118 "lot grading" means the recontouring or sloping of the land in such a way that surface drainage from
rainstorms, snowmelt or groundwater is directed away from the buildings and is controlled in a manner
that eliminates or minimizes the impact on adjacent properties.
3.2.119 "lot grading and drainage plan" means a plan that specifies design elevations, surface gradients, swale
locations, and other drainage information required for lot grading.
3.2.120 "lot, interior" means a lot which is bordered by only one road.
3.2.121 "lot, substandard" means any lot which is smaller, in area or in any dimension, than the minimum area or
dimension stipulated in the regulations of the land use district in which the lot is located.
3.2.122 "lot, undeveloped" means a lot which does not contain a residence, main building, or facilities to enable
the primary use of the lot to take place.
3.2.123 "lot width" means the length of a line parallel to the front line or, in a lot with a curved front line,
perpendicular to a line running between the mid-point of the front line and the mid-point of the rear line,
measured at a distance from the front line equal to the minimum required front yard.
16
M
3.2.124 "main building" see "principal building."
3.2.125 "maintenance" means the upkeep of the physical form of any building, which upkeep does not require a
permit pursuant to the Safety Codes Act. Maintenance will include painting, replacing flooring, replacing
roofing materials, and repair of any facility related to a development, but will not include any activity that
will change the habitable floor area of any dwelling unit or the internal volume of any building.
3.2.126 "manufactured home" see "dwelling, manufactured home."
3.2.127 "manufactured home park" means any lot on which two or more occupied manufactured homes are
harboured or are allowed to be harboured without regard to whether a fee or charge is paid or made, and
shall include any building, structure, tent, vehicle, or enclosure used or intended for use as a part of the
equipment of such manufactured home park, which complies with relevant government regulations
governing manufactured home parks.
3.2.128 "manufactured home subdivision" means an area subdivided into lots by the registered plan for freehold
or leasehold tenure and used for manufactured homes.
3.2.129 "may" is an operative word meaning a choice is available, with no particular direction or guidance
intended.
3.2.130 "mixed use development" means a building including more than one land use, which are uses listed within
the same Land Use District, on the same site, such as residential and retail stores, residential and office
uses, or restaurant and office developments.
3.2.131 "moved-in building" means a building or structure that is transported from another location. A moved-in
building does not include a manufactured home dwelling or a recreational vehicle.
3.2.132 "municipality" means the Village of Chauvin, unless otherwise noted.
3.2.133 "Municipal Planning Commission" means the Municipal Planning Commission established by Council by
the Municipal Planning Commission Bylaw adopted pursuant to the Act.
N
3.2.134 "natural state" means a condition where the natural environment is left undisturbed, and where the only
allowed development shall be limited to a walking trail with associated amenities such as benches, trash
cans and fences to delineate the natural state area. Clearing of existing tree cover shall be limited to the
development of a walking trail and associated amenities.
3.2.135 "non-conforming building" means building:
a. that is lawfully constructed or lawfully under construction at the date a land use bylaw or any
amendment thereof affecting the building or the land on which the building is situated becomes
effective; and
b. that on the date the land use bylaw becomes effective does not, or when constructed will not,
comply with the land use bylaw.
3.2.136 "non-conforming use" means a lawful specific use:
c. being made of land or a building or intended to be made of a building lawfully under construction at
the date a land use bylaw affecting the land or building becomes effective; and
d. that on the date the land use bylaw becomes effective does not, or in the case of a building under
construction will not, comply with the land use bylaw.
3.2.137 "nuisance" means anything that in the opinion of the Development Authority may cause adverse effects to
the amenities of the neighbourhood or interfere with the normal enjoyment of adjacent land or building.
This could include that which creates or is liable to create:
a. noise, vibration, smoke, dust, odour, heat, electrical interference, glare, light, fumes, fire, explosion,
or any other hazard to health or safety; and
b. unsightly or unsafe storage of goods, salvage, junk, waste, or other materials.
O
3.2.138 "objectionable" see "offensive."
3.2.139 "occupancy" means the use or intended use of a building or a part thereof for the shelter or support of
persons or property.
17
3.2.140 "occupant" means any person occupying or having control over the condition of any property and the
activities conducted on the property, and includes the owner, lessee, tenant, or agent of the owner.
3.2.141 "offensive" means, when used with reference to a development, a use which by its nature, or from the
manner of carrying on the same, creates or is liable to create by reason of:
a. noise, vibration, smoke, dust or other particulate matter, odour, toxic, or non-toxic matter;
b. radiation, fire or explosion hazard, heat, humidity, glare; or
c. the unsightly storage of goods, materials, salvage, junk, waste, or other materials.
Such a use may adversely affect the amenities of the neighbourhood, or interfere with the normal
enjoyment of any land, building or structure. An offensive or objectionable use may be further defined
and/or regulated in a specific Community Standards bylaw of the Village.
3.2.142 "office and financial use" means a development where government, professional, management,
administrative, consulting, and financial services may be provided. Office and financial uses include the
offices of lawyers, accountants, engineers, architects, and realtors. Office and financial uses also include
insurance firms; clerical, secretarial, employment and telephone answering and similar office support
services; banks, credit unions, loan offices and similar financial institutions; and the offices of
governmental and public agencies.
3.2.143 "oilfield support operations" means a development that provides cleaning, repairing, servicing, or testing
of goods, materials, and equipment normally associated with the oil and gas industry and may include the
storage and transshipping of such materials, goods, and equipment, excluding petrochemical products
and supplies. This definition applies to oil and gas support operations, including but not limited to seismic
and surveying, well servicing, oilfield haulers, pipeline contractors and welding operations.
3.2.144 "outdoor storage" means a development where, in the opinion of the Development Authority, goods,
materials, or equipment are or may be placed outside of a building on a more or less permanent or
continuous basis.
3.2.145 "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, the person shown as the owner of the lot on the current Certificate of
Title.
P
3.2.146 "parcel" shall mean "lot," unless otherwise noted.
3.2.147 "park" means an active or passive recreation area together with any accessory buildings or uses
complimentary to the said recreational purpose. Though usually under public ownership, a park may be
privately owned and operated upon approval from the Village of Chauvin.
3.2.148 "park model" means a recreational vehicle conforming to Canadian Standards Association (CSA) standards
or an equivalent, which may be mounted on a single chassis or wheels; which can be relocated from time
to time; which has a maximum length of 12.8 m (42.0 ft.) and a maximum width of 3.7 m (12.0 ft.),
excluding all extensions, pull-outs, tip outs, etc.
3.2.149 "parking area" means a portion of land or of a building set aside for the parking and maneuvering of
motor vehicles.
3.2.150 "permitted use" means the use of land or a building provided for in this Bylaw for which a development
permit shall be issued upon an application having been made, provided that all of the regulations of this
Bylaw are satisfied.
3.2.151 "personal service shop" means a development where personal services related to the care and
appearance of the body, or the cleaning and repair of personal effects are provided to persons. Personal
service shops include, but are not limited to, barbershops, hairdressers, beauty salons, tailors,
dressmakers, shoe repair shops, dry cleaning depots, and laundromats, but not health services.
3.2.152 "place of worship" means a development where worship and related religious, philanthropic, and social
activities occur. Accessory developments include rectories, manses, classrooms, and dormitories. Places of
18
worship include churches, chapels, mosques, temples, synagogues, parish halls, convents, and
monasteries.
3.2.153 "playground" means an area used for outdoor play or recreation, equipped with structures for children,
such as slides and swings.
3.2.154 "principal building" means a building in which, in the sole opinion of the Development Authority, the main
or principal use of the lot on which it is erected is conducted.
3.2.155 "principal use" means the use which, in the sole opinion of the Development Authority, is the main or
principal use of the lot on which the use is located.
3.2.156 "property line" means the legal perimeter demarcation as indicated by an Alberta Land Surveyor or on a
real property report prepared by an Alberta Land Surveyor.
3.2.157 "property line, front" means the boundary line of a lot lying adjacent to a highway or road. In the case of a
corner lot, the shorter of the two boundary lines adjacent to the highway or road shall be considered the
front property line.
3.2.158 "property line, rear" means the boundary line of a lot lying opposite to the front property line of the lot.
3.2.159 "property line, side" means the boundary line of a lot lying between a front property line and a rear
property line of a lot. In the case of a corner lot, the longer of the two boundary lines adjacent to the road
shall be considered a side property line.
3.2.160 "private club" means a development used for the meeting, social or recreational activities of members of a
non-profit philanthropic, social service, athletic, business, or fraternal organization, with neither on-site
dwellings nor hotel or motel rentable units. Private clubs may include eating and drinking establishments
and rooms for assembly.
3.2.161 "public or quasi-public building or use" means a building or use which is available to the public for the
purpose of assembly, instruction, culture, or community activity and includes uses such as a church,
library, museum, or senior citizen drop-in centre.
3.2.162 "public utility" means a public utility, as defined in the Act.
Q, R
3.2.163 "rear line" see "property line, rear."
3.2.164 "rear yard" see "yard, rear."
3.2.165 "recreation, community" means facilities for recreation, social or multi-purpose uses primarily intended for
local community purposes. This includes but is not limited to community halls, non-profit social, service,
and outdoor recreation clubs, and centres operated by a local community association.
3.2.166 "recreational facility" means a development for sports and active recreation within an enclosed building.
Recreational facilities include bowling alleys, ice arenas, curling rinks, and swimming pools.
3.2.167 "recreational vehicle" means, but is not limited to, a tent trailer, travel trailer, park model trailer, fifth-
wheel trailer, truck camper, or motor home. A recreational vehicle is not a dwelling.
3.2.168 "recontouring" means the addition or removal of soil (or other material) on a lot that alters its natural
topography to promote a building site and/or to create an aesthetically appealing area.
3.2.169 "renovation" means an addition to, deletion from, or change to any building which does not require a
permit other than a plumbing, gas, or an electrical permit pursuant to the Safety Codes Act, R.S.A. 2000, c.
S-01, as amended or replaced.
3.2.170 "reserve" means a lot owned and subject to the management of the municipality and reserved for use as
natural environment preservation areas, walkways or parks and playgrounds separating areas used for
different purposes, and registered at an Alberta Land Titles Office as a reserve, environmental reserve, or
municipal reserve lots.
3.2.171 "residential use" means the occupation and use of land and buildings as dwellings, whether on a seasonal
or year-round basis.
3.2.172 "retail services" means land or a building where goods, merchandise, substances, articles, and other
materials are offered for sale at retail to the general public but excludes adult entertainment
establishments, automotive sales, and service, building supplies, bulk fuel storage and sales, cannabis,
equipment rental and sales, gas bars and liquor stores.
19
3.2.173 "retaining wall" means a structure designed and constructed to resist the lateral pressure of soil, loose
rock, or similar material, which creates a change to site grades.
3.2.174 "road" shall mean a "road" as defined in the Act.
3.2.175 "row housing" see "dwelling, row housing."
S
3.2.176 "school" means a place of instruction offering courses of study. Included in the category are public, private,
separate, and post-secondary institutions, and does not include homeschooling in a residential district.
3.2.177 "sea can" means a shipping container which is used as a storage vault and includes sea/land/rail shipping
containers.
3.2.178 "senior citizen housing" means accommodations intended for the use of senior citizens that are
constructed and financed in accordance with provincial legislation.
3.2.179 "setback" means the minimum distance that must be maintained between a land use or development and
property line, water body, or watercourse. The distance is typically measured from the property line or the
legal bank of the water body or watercourse to the boundary line of the development.
3.2.180 "shall" is an operative word which means the action is obligatory.
3.2.181 "shopping centre" means a development consisting of a building or a group of buildings, comprising
general retail stores, personal service shops, office uses, and similar uses, with shared off-road parking
facilities, and which may be managed as a single unit.
3.2.182 "should" is an operative word which means that, in order to achieve local goals and objectives it is strongly
advised that action be taken. Exceptions shall be made only under extenuating circumstances.
3.2.183 "show home" means a dwelling unit which is used temporarily for the purpose of illustrating to the public
the type and character of dwelling units to be constructed in other parts of the municipality. Show homes
may contain offices for the sale of other lots or dwelling units in the municipality and must be located
within a dwelling which is either permitted or discretionary in the District in which they are located.
3.2.184 "side line" see "property line, side."
3.2.185 "side yard" see "yard, side."
3.2.186 "sidewalk café" means a temporary outdoor area located and maintained by an adjoining eating and
drinking establishment for the sale and consumption of food and beverage.
3.2.187 "sign" means any word, letter, model, placard, board, notice, device, or representation, whether
illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement,
announcement or direction and its supporting structure.
3.2.188 "similar use" means a use which, in the opinion of the Development Authority, closely resembles another
specified use with respect to the type of activity, structure and compatibility with the surrounding
environment.
3.2.189 "site" means a lot on which a development exists or for which an application for a development permit is
made.
3.2.190 "site, corner" means a part of a lot adjacent to two
separate roads or lanes, or any combination of
them, or adjacent to a single road or lane that
curves at an angle of sixty (60) degrees or more at
the subject lot. The corner site shall be the
triangular area formed by the intersecting road or
lane right-of-way boundary lines and a straight-line
joining the road or lane right-of-way boundary line a
distance of 6.0 m (19.7 ft.) from their intersection.
3.2.191 "site coverage" means the combined area of all
buildings of the lot, measured at ground level,
including but not limited to, porches and verandas,
open or covered, but excluding open and enclosed
terraces at grade, steps, cornices, eaves, and similar
projection.
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3.2.192 "site line triangle" means the triangular area formed
by a line drawn between two (2) points on the curbs
of intersecting roads 6.0 m (19.7 ft.) from the point
where the curbs would meet if extended or 5.0 m
(16.4 ft.) from that point in the case of an
intersecting lane and road, or driveway and road.
3.2.193 "site plan" means a plan, drawn to scale, showing the
boundaries of the lot, the location of all existing and
proposed buildings upon that lot, and the use or the
intended use of the portions of the lot on which no
buildings are situated, and showing fencing,
screening grassed areas, and the location and
species of all existing and proposed shrubs and
trees within the development.
3.2.194 "small animal breeding and boarding facility" means a development where domestic pets are bred,
boarded, or trained. Small animal breeding and boarding establishments include kennels but do not
include animal hospitals or veterinary clinics.
3.2.195 "solar energy conversion system" means the complete system required to convert solar rays into usable
electricity for private use, including solar panels, mounting equipment, and additional required conversion
electronics.
3.2.196 "solar energy conversion system, individual" means an individual alternate energy system (AES) consisting
of a complete system required to convert solar rays into useable electricity for private use, including solar
panels, mounting equipment, and additional required conversion electronics for use on the site that the
AES is located.
3.2.197 "solar farm" means a type of commercial alternate energy system which consists of an installation of solar
energy conversion system that is designed to provide for the commercial distribution of electricity to a
utility or other intermediary through connection to the electrical grid or that occupies greater than 162.5
m2 (1,750 ft.2) of surface area.
3.2.198 "solar panel, free standing" means a device which is used to convert energy contained within the sun's rays
into electricity, which is not mounted or attached to any other structure for support.
3.2.199 "stall" means an area of land upon which a manufactured home is to be located and is reserved for the
exclusive use of the residents of that manufactured home, located within a manufactured home park.
3.2.200 "storey" means that portion of a building which is situated between the top of any floor and the top of the
floor above it. If there is no floor above it, the storey is that space between the top of the floor and the
ceiling above it. If the top of the floor directly above a basement is more than 1.8 m (6.0 ft.) above grade,
such a basement shall be considered a storey.
3.2.201 "stormwater management plan (SWMP)" means a plan prepared by a qualified professional that outlines
the design and implementation of systems that mitigate and control the impacts of manufactured changes
to the runoff and other components of the hydrologic cycle. Stormwater management plans should
include design considerations to minimize flooding, erosion, and impacts on groundwater, water bodies
and water courses. SMWPs must include:
a.
topography;
b.
proposed plan to control runoff;
c.
proposed minor drainage system (ditches/pipes/catch basin locations/flow rate);
d.
proposed major drainage systems (direction of surface drainage/flow rate);
e.
proposed on-site detention/retention facility (location/size/capacity);
f.
location of outflow/outfall structures;
g.
any related modeling and calculation information; and
h.
conform with approved master drainage plans.
3.2.202 "stripping" means the removal of some or all vegetation and topsoil on lot in preparation for construction
activities.
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3.2.203 "Subdivision Authority" means a subdivision authority established and appointed pursuant to a Village
Bylaw and the Act.
3.2.204 "Subdivision and Development Appeal Board" means the Subdivision and Development Appeal Board
established by the Council by the Subdivision and Development Appeal Board Bylaw adopted pursuant to
the Act, in partnership with the Municipal District of Wainwright, the Town of Wainwright, and the Villages
of Edgerton and Irma.
3.2.205 "suite, garage" means a self-contained dwelling unit
located above a detached garage which is located in a
rear yard and which is accessory to a single-detached
dwelling. Garage suites have an entrance which is
separated from the vehicle entrance to the detached
garage, either from a common indoor landing or
directly from the exterior of the building.
3.2.206 "suite garden".
3.2.207 "suite, secondary" means a subordinate self-contained
dwelling unit located in a structure in which the
principal use is a single-detached dwelling or semi-
detached dwelling. A secondary suite has cooking,
food preparation, sleeping and bathing facilities which
are separate from those of the principal dwelling
within the structure. Secondary suites also must have a
separate entrance from the dwelling. This use includes
conversion of basement space to a dwelling, or the
addition of new floor space for a secondary suite to an
existing dwelling. This use does not include duplexes,
triplexes, fourplexes, row housing, or apartments
where the structure was initially designed for two or
more dwellings and does not include boarding and
lodging houses. Garden suites, garage suites and in-
law suites are not considered secondary suites.
3.2.208 "suite, surveillance" means a dwelling unit used to
accommodate a person or persons whose function is
to provide surveillance for the maintenance and safety
of the development. Surveillance suites do not include
manufactured homes.
3.2.209 "supportive living facility" means a provincially licensed
facility providing permanent accommodation to four
(4) or more adults in which the operator provides or
arranges for services related to safety and security of
the residents and provides at least one meal a day or
housekeeping services. Residents in a supportive living
setting can range from seniors who require support services due to age, chronic conditions, and frailty to
young adults with mental health or physical disabilities.
T
3.2.210 "temporary development" Means a development for which a development permit has been issued and
which is to exist for a limited time only, as determined by the Development Authority and indicated in the
conditions of the development permit.
3.2.211 "tented structure" means a building that uses masts or poles and tensile membrane (e.g., fabric or animal
skin) to create an enclosure. Portable garages and reception tents are examples of tented structures.
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3.2.212 "tourist home" means a dwelling or dwelling unit operated as a temporary place to stay, with
compensation, and includes all vacation rentals of a dwelling unit. The characteristics distinguish a tourist
home from a dwelling unit used as a residence may include any of the following:
a.
the intent of the occupant to stay for short-term (30 days or less) vacation purposes rather than use
the property as a residence;
b.
the commercial nature of a tourist home;
c.
the management or advertising of the dwelling unit as a tourist home or "vacation rental," on any
website such as Airbnb or VRBO; and/or
d.
the use of a system of reservations, deposits, confirmations, credit cards, or other forms of
electronic payments, etc.
A recreational vehicle shall not be used as a tourist home.
3.2.213 "theatre" means a development designed or devoted to the showing of motion pictures or for the
presentation of dramatic, musical, or live performances.
3.2.214 "tie down" means, when used in relation to a manufactured home, a means whereby the manufactured
home is fastened to the ground, base, or foundation. A tie down may include a bolt, a heavy-duty wire
rope, or some other similar fastening device or combination of devices.
3.2.215 "tower, wind energy conversion facility" means the structure of a wind energy conversion facility, which
supports the rotor above grade.
3.2.216 "truck and recreational vehicle sales/rental establishment" means a development where new or used
trucks with a gross vehicle weight rating of 4,000 kg (8,818 lbs.) or greater, motor homes, and recreational
vehicles with a gross vehicle weight rating of 6,000.0 kg (13,228 lbs.) or greater or a length greater than 6.7
m (22.0 ft.) are sold or rented, together with incidental maintenance services and sale of parts. Truck and
recreational vehicle sales/rental establishments include truck dealerships, recreational vehicle dealerships,
and truck and recreational vehicle rental agencies, and may include refueling and/or washing facilities as
an integral part of the operation.
3.2.217 "trucking and cartage establishment" means a development where goods shipped by truck are transferred
from one truck to another, or where trucks are dispatched to pick up and/or deliver goods. Trucking and
cartage establishments may include dispatch offices or storage compounds for the temporary storage of
goods and include moving or cartage firms involving vehicles with a gross vehicle weight of more than
3,000.0 kg (6,614 lbs.).
U
3.2.218 "use" means the purpose or activity for which a site/lot and any buildings located on it are designed,
arranged, developed, or intended, or for which it is occupied or maintained.
V
3.2.219 "veterinary clinic" means a development where domestic pets or livestock are cared for and treated.
Veterinary clinics primarily involve out-patient care and minor medical procedures involving hospitalization
for fewer than four (4) days.
W
3.2.220 "warehousing" means the use of a building that may include outdoor accessory storage primarily for the
keeping of goods and merchandise. This does not include the storage of dangerous or hazardous
materials, inoperable vehicles (or parts thereof), or any waste material.
3.2.221 "waste to energy" means a use that creates electricity and/or heat from the incineration of waste
materials.
3.2.222 "wind energy conversion system (WECS)" means a type of individual alternative energy system or
commercial alternative energy system that consists of facilities designed to convert wind energy into
mechanical or electrical energy. If the mechanical energy is used directly by machinery (pump or grinding
stones) the machine is known as a windmill. If the mechanical energy is converted to electricity, the
machine is called a WECS.
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3.2.223 "wind energy conversion system, individual" means a type of individual alternative energy system
consisting of a small scale WECS designed to generate mechanical or electrical energy for a property
owner's use on the site the WECS is located or adjacent to the site of use.
3.2.224 "wind energy conversion system, micro" means a small-scale wind turbine, which is small in height and
diameter and can be installed on the roof of a building or structure.
3.2.225 "wireless communications facility" means a facility that provides communication service using radio
frequency (RF) technology to transmit and receive voice, picture, text, and data, in either digital or
analogue form, on a system of elevating support structures. These structures include monopoles, lattice
towers (self-supported or guyed) or other configurations as well as, although not limited to, shelters,
transmitters, receivers, antennas, antenna mounts, transmission lines, waveguides, transmission line
supporting equipment and material, aeronautical obstruction lights, antenna de-icing equipment, antenna
power dividers and matching equipment, combiners, utility power equipment, conditioners, and backup
systems.
3.2.226 "work camp" means a temporary residential complex used to house camp workers for a contracting firm
or project on a temporary basis of more than six (6) months and up to three (3) years. The camp is usually
made up of a number of manufactured units, clustered in such a fashion as to provide sleeping, eating,
recreation and other basic living facilities.
3.2.227 "workcamp, short term" means a residential complex used to house camp workers by various contracting
firms on a temporary basis, and without restricting the generality of the above, the camp is usually made
up of a number of manufactured units, clustered in such fashion as to provide sleeping, eating, recreation,
and other basic living facilities. The units may be dismantled and removed from the site from time to time.
For the purposes of this definition, temporary means for a period of up to six (6) months in total duration
either consecutively or non-consecutively.
X, Y, Z
3.2.228 "yard" means a part of a lot upon or over which no principal building is to be erected.
3.2.229 "yard, front" means a yard extending across the full width of a lot from the front line to the nearest wall of
the main building situated on the lot. In the case of a curved front line, the front yard will also form a
curve.
3.2.230 "yard, rear" means a yard extending across the full width of a lot from the nearest wall of the main building
situated on the lot to the rear line of the lot.
3.2.231 "yard, side" means a yard extending from the nearest wall of the main building situated on a lot to the side
line and lying between the front and rear yards on the lot.
3.3
ALL OTHER TERMS
3.3.1
All other terms in this Bylaw have the meanings respectively assigned to them in the Act or in other Acts of
the Legislature or in common law.
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4.
AMENDMENTS
4.1
APPLICATIONS
4.1.1
A person may apply to have this Bylaw amended, by applying in writing, noting reasons in support of the
application, and paying the fee identified in the Village's Fees and Charges Bylaw.
4.1.2
Council may at any time initiate an amendment to this Bylaw by directing the Development Authority.
4.1.3
All applications for amendment to this Bylaw shall be made to the Council on the form provided by the
municipality and shall be accompanied by:
a. a statement of the specific amendment requested;
b. the purpose and reasons for the application; and
c. an application fee as identified in the Village's Fees and Charges Bylaw.
4.1.4
If the application is for a mapping amendment the following additional information will also be required:
a. the legal description of the affected lands;
b. a recent title search of the land affected or other documents satisfactory to the Development
Authority showing the applicant's interest in the said land; and
c. drawings showing the subject site, the proposed Land Use District and the proposed use and
development to be proposed on the site, if applicable.
4.1.5
If the amendment is for the redistricting of land, Village Administration may require:
a. a conceptual scheme (or area structure plan) for the area to be redistricted, to the level of detail
specified by Village Administration that provides Council with information to determine:
i.
If the site is suitable for the intended use;
ii.
If the site can be reasonably and cost effectively serviced; and
iii.
That the proposed amendment will not unduly impact the rights of adjacent landowners to
use and enjoy their property; and
b. payment of a fee equal to the costs incurred by the municipality to review the proposed redistricting
and/or related conceptual scheme, or if necessary to prepare a conceptual scheme; and
c. technical studies requested by Administration to assess site suitability and servicing requirements.
4.1.6
Upon receipt of an application to amend this Land Use Bylaw, the Village Administration may refer the
application to the Village's planning and engineering services providers, who shall analyze the potential
impacts on local land use, development, infrastructure, and servicing that would result from the proposed
amendment. This analysis must consider the full development potential for the proposed amendment and
shall, among other things, consider the following impact criteria:
a. Relationship to and compliance with approved statutory plans and Council policies;
b. Relationship to and compliance with approved statutory plans, outline plans;
c. Compatibility with surrounding development;
d. Traffic impacts;
e. Relationship to (or impacts on) municipal infrastructure, utilities, services, and facilities;
f.
Relationship to municipal land, right-of-way, or easement requirements;
g. Relationship to the documented concerns and opinions of area residents regarding development
implications.
4.1.7
Upon receipt of an application to amend the Land Use Bylaw, Village Administration shall:
a. prepare a report with recommendations on the proposed amendment for Council and an amending
Bylaw for consideration of first reading by Council;
b. mail notify or deliver in person a written notice to landowners who are adjacent to the parcel of land
affected by the proposed amendment or to a larger area as directed by Council;
c. provide notice of the Public Hearing to the applicant, the owner of the subject land if different than
the applicant, to all directly adjacent property owners, and any other individuals or organizations
identified by Council;
d. prepare a report and recommendation, including maps and other material, on the application, prior
to a Public Hearing on the application for amendment; and
e. inform the applicant of the recommendation to Council.
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4.1.8
All amendments to this Bylaw shall be made by Council by bylaw and in conformity with the Act.
4.1.9
In considering an application for an amendment to this Bylaw, Council may, at its sole discretion:
a.
Refuse the application; or
b.
Refer to the application for further information; or
c.
Pass first reading to a bylaw to amend this Land Use Bylaw, with or without amendments; or
d.
Defeat the first reading of a bylaw to amend this Land Use Bylaw; or
e.
Pass the first reading of an alternative amendment to this Land Use Bylaw.
4.1.10
Prior to the third reading of the proposed Bylaw, Council may require the applicant to apply for a
development permit and negotiate a development agreement in respect of the proposal which initiated
the application for amendment.
4.1.11
After the third reading of the Bylaw, the Development Authority shall send a copy of it to:
a.
the applicant;
b.
the registered owner of the land (if different from the applicant); and
c.
The Village's subdivision and planning services provider.
4.2
PUBLIC HEARING AND DECISION
4.2.1
Following its first consideration, the Council shall establish the date, time, and place for a Public Hearing
on the proposed amendment.
4.2.2
Following the establishment of the date, time and place for a public hearing, Village Administration shall
issue a notice of the public hearing by:
a.
Publishing notices at least once a week for two (2) consecutive weeks in at least one (1) newspaper
or other publication circulating in the area to which the proposed bylaw relates; or
b.
Mailing or delivering notice to every residence in the area to which the proposed bylaw relates.
4.2.3
A notice of a public hearing must be advertised at least five (5) days before the public hearing occurs.
4.2.4
A notice must contain:
a.
A statement of the general purpose of the proposed bylaw and public hearing;
b.
The address where a copy of the proposed bylaw and any document relating to it or the public
hearing may be inspected; and
c.
The date, place, and time when the public hearing will be held.
4.2.5
In the case of an amendment to change the land use district designation of a parcel of land, Village
Administration must, in addition to the requirements of Section 4.2.5:
a.
Include in the public hearing notice:
i.
The municipal address, if any, and the legal address of the parcel of land; and
ii.
A map showing the location of the parcel of land;
b.
Give written notice containing the information described in Section 4.2.5 to the owner of that parcel
of land at the name and address shown on the certificate of title (or tax roll); and
c.
Give written notice containing the information described in Section 4.2.5 to each owner of adjacent
land at the name and address shown for each owner on the tax roll of the municipality.
4.2.6
In the public hearing, Council:
a.
Must hear any person, group of persons, or person representing them, who claim(s) to be affected
by the proposed bylaw and who has complied with the procedures outlined by Council; and
b.
May hear any other person who wishes to make representations and whom the Council agrees to
hear.
4.2.7
After considering any representations made at the Public Hearing, and any other matter it considers
appropriate, Council may:
a.
Pass the bylaw;
b.
Defer it for further information or comment;
c.
Make any amendment to the bylaw it considers necessary and proceed to pass it without further
advertisement or hearing; or
d.
Defeat the bylaw.
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5.
DEVELOPMENT PERMITS
5.1
CONTROL OF DEVELOPMENT
5.1.1
Development Permits are required to ensure that all development is achieved in an orderly manner.
5.1.2
No development other than that designated in Section 5.2 shall be undertaken within the municipality
unless an application for it has been approved and a development permit has been issued.
5.1.3
In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to ensure and
obtain other required provincial and federal approvals, permits and/or licenses.
5.1.4
Further, in addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to
ensure that their development is consistent with the conditions of any registered easements or covenants
which affect the subject site.
5.1.5
Notwithstanding Section 5.2, where a variance to any regulation in this Bylaw is required for any
development listed in Section 5.2, a development permit shall be required.
5.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
5.2.1
The following developments shall not require a development permit:
a. The carrying out of works of maintenance or repair to any building, provided that such works do not
include structural alterations or major works of renovation that would require a building permit.
b. The completion of a building which was lawfully under construction at the date of the first
publication of the notice required by the Act, provided that the building is completed in accordance
with the terms of any permit granted in respect of it and subject to the conditions to which such
permit was granted, and provided also that the building, whether or not a permit was granted in
respect of it, is completed within a period of twelve (12) months from the said date of the first
publication of the notice.
c. The use of any such buildings as referred to in 5.2.1.b for the purpose for which construction was
commenced.
d. The erection, construction, maintenance, improvement, or alteration of gates, fences, walls, or other
means of enclosure (other than on corner lots or where abutting on a road used by vehicular traffic)
less than 1.0 m (3.0 ft.) in height in front yards and less than 1.9 m (6.0 ft.) within side and rear yards,
and the maintenance, improvement and other alterations of any gates, fences, or walls or other
means or enclosure.
e. A temporary building, the sole purpose of which is incidental to the erection or alteration of a
building, for which a permit has been issued under this Bylaw.
f.
The maintenance and repair of public works, services and utilities carried out by or on behalf of
federal, provincial and municipal public authorities on land which is publicly owned or controlled.
g. An accessory building or structure with a gross floor area of under 11.1 m2 (120.0 ft.2) unless the
accessory building or structure does not satisfy the regulations of this Land Use Bylaw with respect
to the development of accessory buildings.
h. Landscaping where the proposed grades will not adversely affect the subject or adjacent parcels of
land, including the hard surfacing of part (or all) of a lot in a Residential District for the purposes of
providing vehicular access from a road to an attached or detached garage or carport.
i.
The following signs:
i.
Signs posted or exhibited within a building;
ii.
Signs posted or exhibited in or on an operating motor vehicle if the vehicle is not temporarily
or permanently parked solely for the purpose of displaying the sign;
iii.
A statutory or official notice of a function of the municipality;
iv.
Traffic signs authorized by the municipality and/or provincial authorities;
v.
Signs posted or exhibited solely for the identification of the land or building on which the
signs are displayed, or to give directions to visitors, including professional, corporate, or
trade name plates identifying the occupants, and signs indicating the street address of a
27
building or lot, if the total area of the signs on a lot does not exceed 0.5 m2 (5.0 ft.2) in area,
subject to all other orders, bylaws, and regulations affecting such signs;
vi.
A maximum of two (2) on-site signs relating to the sale, lease, or rental of the buildings on
the lot or the land on which the signs may be erected or attached, provided that:
(i) such signs on any lot in any residential land use district do not exceed 0.5 m2 (5.0 ft.2)
in area each; and
(ii) such signs are not illuminated;
vii.
Campaign signs for federal, provincial, municipal, or school board elections on lots for no
more than thirty (30) days, or such other time as regulated under provincial or federal
legislation, provided that:
(i) such signs are removed within fourteen (14) days after the election date;
(ii) the consent of the lot owner and/or occupant is obtained;
(iii) such signs do not obstruct or impair visibility or traffic;
(iv) such signs are not attached to trees or utility poles; and
(v) such signs indicate the name and address of the sponsor and the person responsible
for the sign's removal.
viii.
Signs on land or buildings used for public or quasi-public uses, provided that:
(i) such signs do not exceed 1.10 m2 (12.0 ft.2) in area each; and
(ii) there are no more than one (1) sign for each side of the land or buildings on a different
road.
ix.
Signs of building contractors relating to construction work in progress on the lot on which
the signs are erected, provided that:
(i) such signs to do exceed 3.0 m2 (32.0 ft.2) in area each;
(ii) there is no more than one (1) sign for each side of the land or buildings on a different
road; and
(iii) such signs are removed within fourteen (14) days of occupancy of the building which
has been constructed.
j.
Minor home occupations;
k. Gazebos;
l.
A maximum of one (1) tented structure on a residential lot that is securely fastened to the ground
and is not tattered/damaged;
m. Roof mounted solar energy collection systems;
n. Micro wind energy conversion systems; and
o. The demolition or removal of any building or structure for which erection a development permit
would not be required pursuant to subsections 5.2.1.d through 5.2.1.n, Sections need to be updated
to the corresponding letters both inclusive.
5.3
NON-CONFORMING BUILDINGS AND USES
5.3.1
Buildings and uses which do not conform to this Bylaw are subject to the provisions of the Act respecting
non-conforming uses and buildings, which define the conditions under which they may be continued or
altered.
5.3.2
A non-conforming use of land or a building may be continued, but if that use is discontinued for a period
of six (6) consecutive months or more, any future use of the land or building must conform to this Bylaw.
5.3.3
A non-conforming use of part of a building may be extended throughout the building but the building,
whether or not it is a non-conforming building, may not be enlarged or added to and no structural
alterations may be made thereto or therein.
5.3.4
A non-conforming use of part of a lot may not be exceeded or transferred in whole or in part to any other
part of the lot and no additional buildings may be constructed upon the lot while the non-conforming use
continues.
5.3.5
A non-conforming building may continue to be used but the building may not be enlarged, added to,
rebuilt, or structurally altered except:
a. to make it a conforming building;
28
b. for the routine maintenance of the building, if the Development Authority considers it necessary; or
c. in accordance with the powers possessed by the Development Authority pursuant to the Act to
approve a development permit notwithstanding any non-compliance with the regulations of this
Bylaw.
5.3.6
If a non-conforming building is damaged or destroyed to the extent of more than 75 percent of the value
of the building above its foundation, the building may not be repaired or rebuilt except in accordance with
this Bylaw.
5.3.7
The use of land or the use of a building is not affected by a change of ownership, tenancy, or occupancy of
the land or building.
5.4
APPLICATION REQUIREMENTS
5.4.1
An application for a development permit shall be made to the Development Authority in writing, in the
form as approved by resolution of Council, and shall be accompanied by:
a. a site plan showing the legal description;
b. the front, rear, and side yards, if any;
c. any provision for off-street loading and vehicle parking and access and egress points to the site;
d. a statement of the proposed uses; and
e. a statement of ownership of the land and the interest of the applicant therein.
f.
post-construction site and building elevations;
g. floor plans, elevations, and sections of any proposed buildings, including the lowest floor elevation
in either the basement or on the main floor in the principal and accessory buildings;
h. landscaping plans, including the location of existing and proposed trees, shrubs, grassed areas,
fences, screenings, and outdoor furniture on the site and on adjacent boulevards within road rights-
of-way;
i.
drainage plans;
j.
a scaled site plan showing:
i.
proposed site coverage, and as a percentage calculation of the total lot area;
ii.
measurements of all identified features;
iii.
front, side, and rear yards;
iv.
north point;
v.
legal description of the property;
vi.
access and egress points to the property; and
vii.
the location and dimensions of existing and proposed municipal and private local
improvements, principal building and other structures including accessory buildings,
garages, carports, fences, driveways, paved areas, access and egress points to the parcel,
and major landscaped areas including buffering and screening areas where provided; and
k. a statement of existing and proposed use(s) or occupancy of all parts of the land and buildings, and
such other information as may be required by the Development Officer.
5.4.2
Each application for a development permit shall be accompanied by a non-refundable fee as identified in
the Village's Fees and Charges Bylaw.
5.4.3
A Real Property Report prepared by an Alberta Land Surveyor (or some other sketch or form of report
prepared by an Alberta Land Surveyor which serves the same purpose as a Real Property Report) shall be
required if:
a. the development includes a new building;
b. the development includes an addition to an existing building; or
c. the Development Authority believes that the existing or proposed development identified on the site
plan does not accurately correspond with the legal boundaries of the lot.
5.4.4
The Development Authority may also require that the development proponent provide additional
information to determine if the site is suitable for the intended use and to determine if the proposed
development conforms to this Bylaw before consideration of the development permit application shall
commence. Such information may include:
a. lot grading and landscaping plans prepared by a registered Alberta Land Surveyor or engineer;
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b. a description of exterior finishing materials; and
c. in the case of the placement of an already constructed or partially constructed building on a lot:
i.
information relating to the age and condition of the building and its compatibility with the
District in which it is to be located, including, should the Development Authority require, any
pictures of the building;
ii.
reports, plans, and studies prepared by qualified professionals;
iii.
any other reports, plans, and studies that provide information requested by the
Development Authority;
d. in a residential land use district, the suggested location for a future driveway and garage or carport,
if the application itself does not include such buildings as part of the proposal;
e. future development plans for a site which is to be partially developed through the applicable
development permit; and
f.
in the case of a proposed home occupation, information concerning the number of employees, the
location of any goods to be kept or stored, and an estimate of the number of client visits to be
expected to the site each week;
g. In addition to the requirements indicated above, before any application for development of a
fourplex, row housing or an apartment development can be considered, the applicant must also
submit to the Development Authority:
i.
site plans showing the proposed location and position of any signs, parking spaces, exits,
entries, and drives, and garbage storage areas, including access to them; and
ii.
landscape plan of the entire site which shall also show intended fencing and surfacing for
drives and parking areas; and
iii.
plans showing the relationship of buildings to each other and to the landscape, in particular
such matters as architectural appearance, the provision of light, air, privacy, and
landscaping;
iv.
in such detail that if the development permit is approved, the plans can be identified
through conditions of approval.
5.4.5
In addition to the information requirements indicated above, an application for a development permit for
the excavation or stripping of land that is proposed without any other development on the same land, may
include with the application, the following information:
a. location and area of the site where the excavation is to take place;
b. existing land use and vegetation;
c. the type and dimensions including the average depth of the excavation to be done, and the
potential, if any, to affect existing drainage patterns on and off the site;
d. the depth and variation in depth of groundwater encountered in test holes, if required at the
discretion of the Development Authority;
e. identification of potential for outdoor noise and the discharge of substances into the air;
f.
the condition in which the site is to be left when the operation is complete, including the action
which is to be taken for restoring the condition of the surface of the land to be affected, and for
preventing, controlling, or lessening erosion or dust from the site;
g. an indication of all municipal servicing costs associated with the development; and
h. the proposed haul route, dust control plan and expected hours of operation.
5.4.6
In addition to the information requirements indicated above, each application for a sign may be
accompanied by additional information at the discretion of the Development Authority.
5.4.7
The Development Authority may require an applicant for a subdivision or development permit for an
Alcohol Retail Sales Establishment or a Cannabis Store to submit the following additional information, with
the application a map identifying the distance from the proposed development to all property boundaries
of:
a. buildings containing another Cannabis Store or Alcohol Retail Sales Establishment;
b. buildings containing a registered daycare;
c. buildings containing a school or a boundary of a parcel of land on which a school is located;
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d. parcels of land that are designated as School Reserve or Municipal and School Reserve under the
Municipal Government Act, R.S.A. 2000, c. M-26, as amended;
e. provincial health care facilities or the boundary of a parcel of land on which the facilities are located;
and
f.
any other development or land use required by the Alberta Gaming, Liquor, and Cannabis
Commission.
5.4.8
The Development Authority may refuse to accept a development permit application where the information
required by this Bylaw and by the Development Authority has not been supplied or where, in the sole
opinion of the Development Authority, it is inaccurate or of inadequate quality to properly evaluate the
application.
5.4.9
When, in the opinion of the Development Authority, sufficient details of the proposed development have
not been included with the application for a development permit, the Development Authority may, at its
sole discretion, deem the application incomplete and request the applicant provide further details or
decide on the application with the information it has available.
5.4.10
The Development Authority may refer any application for a development permit to any municipal,
provincial, or federal department, or any other person or agency considered affected by the Development
Authority for comments and recommendations.
5.4.11
The Development Authority may decide on a development permit application without all of the
information required by this Bylaw or by the Development Authority if the Authority is of the opinion that
a decision can be properly made without such information.
5.5
PERMISSION FOR DEMOLITION
5.5.1
The demolition of a structure not identified in Section 5.2 shall require a development permit.
5.5.2
The demolition of any structure must be done in accordance with the Alberta Building Code and Canadian
Standards Association Standard S350-M1980, "Code of Practice for Safety in Demolition of Structures"
and/or any subsequent Alberta Building Code or Canadian Standards Association Standards.
5.5.3
In addition to the requirements of Section 5.4 of this Bylaw, an application for a development permit for
the demolition of a building or structure shall include the following information:
a. the value of the development;
b. the alternatives to demolition if the building is of historic or architectural value;
c. the purpose of the building demolition and the type of structure to replace the demolished building,
if applicable;
d. a work schedule of the demolition and site clean-up (the sequence of demolition must be such that
at no time will a wall or a portion of a wall be left standing unsupported in an unstable condition or
in danger of accidental collapse);
e. the destination of debris materials;
f.
where redevelopment of the site is proposed, the length of time before the site is to be redeveloped
and treatment of the site after demolition but prior to development (if materials are to be stored on-
site, a site plan will be required indicating the location of such materials in relation to property lines
and other buildings);
g. a copy of the original development approval including building permits where applicable;
h. the form of demolition to be used (heavy equipment or by hand);
i.
the method whereby public safety is to be protected (normally a fence that is at least 1.8 m (6.0 ft.)
in height is required around the excavation or structure to be demolished);
j.
an indication that all utility services to the site and/or the building have been disconnected to the
satisfaction of the Development Authority;
k. an indication that buildings on adjoining properties have been considered to ensure that damage
will not occur to them or their foundations from the demolition;
l.
where a fire safety plan is required, an indication that the local Fire Chief has been consulted for
determining the fire safety plan required; and
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m. an indication that any tanks containing flammable or combustible liquids will be removed before
demolition begins and be purged of inert materials to the satisfaction of the Development Authority
and any other applicable provincial agencies.
5.5.4
Before consideration of a development permit application for demolition, where a proposed development
may involve the removal of hazardous materials, the Development Authority may also require the
applicant to complete:
a. a Hazardous Materials Assessment Report; and/or
b. any phase of an environmental site assessment in order to determine whether the site is
contaminated, and the mitigation measures necessary to eliminate such contamination.
5.6
PROCESSING DEVELOPMENT PERMIT APPLICATIONS
5.6.1
The Development Officer shall:
a. receive all applications for development permits;
b. Assess and provide notice in writing of a complete or incomplete application as required in Section
683.1 of the Act;
c. Consider and decide on all applications for a development permit for those uses which constitute
permitted uses in a district, or for a one-family dwelling, a manufactured home, a home occupation,
or a sign, which will fully comply with the minimum and/or maximum standards for that district, or
where the regulation has been assigned by this Bylaw to the Development Officer for consideration
and decision;
d. Refer all applications for development which would result in permanent overnight accommodation,
including dwelling units, or public facilities to the Alberta Energy Regulator, if any of the land which is
the subject of the application is within 1.5 km (0.9 miles) of a sour gas facility and the proposed
development is not, in the opinion of the Development Authority, an infill development;
e. Refer any application to a municipality or agency as required by the Wainwright Region
Intermunicipal Development Plan or the Village of Chauvin Municipal Development Plan;
f.
Refer any application to an adjacent municipality or any other agency or person, which in their
opinion, may provide relevant comments or advice respecting the application;
g. Consider and decide on applications for Development Permits which meet the standards of this
Land Use Bylaw for permitted uses; and
h. Refer Development Permit applications (with recommendations) to the Municipal Planning
Commission for its consideration and decision(s) for any application which, at their sole opinion and
discretion, should be decided by the Commission.
5.7
NOTICE OF COMPLETE OR INCOMPLETE DEVELOPMENT PERMIT APPLICATIONS
5.7.1
The Development Officer shall, within 20 days of the receipt of an application for a development permit,
determine whether the application is complete.
5.7.2
The time period referred to in Section 5.7.1 may be extended by an agreement in writing between the
applicant and the Development Officer.
5.7.3
An application is complete if:
a. in the opinion of the Development Officer, the application contains the documents and other
information necessary to review the application; or
b. the Development Officer does not decide within 20 days of receipt of an application for a
development permit.
5.7.4
If the Development Officer determines that the application is complete, the Development Officer shall
issue to the applicant, by means of posted letter or electronic notification, an acknowledgment that the
application is complete.
5.7.5
If the Development Officer determines that the application is incomplete, the Development Officer shall
issue the applicant a notice, in writing or electronically, that the application is incomplete. This notice shall
list any outstanding documents and information required to review the application and provide a date by
which the documents or information must be submitted in order for the application to be considered
complete.
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5.7.6
If the applicant fails to submit all the outstanding information and documents on or before the date
referred to in Section 5.7.5, the Development Officer must deem the application to be refused.
5.7.7
Despite that the Development Officer has issued an acknowledgment under 5.7.5 or 5.7.6, while reviewing
the application, the Development Officer may request additional information or documentation from the
applicant that the Development Officer considers necessary to review the application.
5.8
DEVELOPMENT PERMIT CONDITIONS AND DEVELOPMENT AGREEMENTS
5.8.1
The Development Authority may require that as a condition of issuing a development permit, the applicant
enter into a development agreement to:
a. 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;
b. install or pay for the installation of public utilities other than telecommunications systems or works;
c. pay an off-site levy contribution; and/or
d. give security to ensure that the terms of the agreement noted herein are carried out.
5.8.2
The Development Authority may require the following conditions as part of development permit approval:
a. Compliance with the Erosion and Sediment Control Plan;
b. Compliance with the Landscaping Plan;
c. Compliance with the Lot Grading and Drainage Plan;
d. Compliance with a Geotechnical Report;
e. The payment or fees as established by the Village for utility connections and/or inspections; and
f.
Any other conditions requested by the Development Authority.
5.8.3
To ensure compliance with the development agreement, the Village may register a caveat against the
certificate of title of the property that is being developed. This caveat shall be discharged when the
conditions of the development agreement have been met.
5.8.4
As a condition of issuing a development permit, the Development Authority may require the applicant to
post a bond to cover the cost of repairing roads and other municipal improvements damaged as a result
of the work authorized in the permit.
5.8.5
As a condition of development permit approval for developments that impact lot grading and drainage on
a site, the Development Authority shall require that the applicant provide a surveyed drawing which
demonstrates that the development on the site, including all buildings and the post-construction lot
grading and drainage pattern conforms to the drawings approved with the application.
5.8.6
As a condition of approving a development permit for the demolition of a building, the Development
Authority may, in addition to other requirements, require that the applicant undertake those actions the
Development Authority deems necessary to ensure the complete and safe demolition of the building,
disposal of materials and debris, and site clean-up.
5.9
VARIANCES
5.9.1
The Development Authority may approve an application for a development permit even though the
proposed development does not comply with the regulations of this Bylaw, or if the development is to be a
rebuilding, an enlargement, an addition, or a structural alteration of a non-conforming building, if, in the
opinion of the Development Authority the proposed development would not:
a. unduly interfere with the amenities of the neighbourhood; or
b. materially interfere with or affect the use, enjoyment, or value of neighbouring parcels of land; and
the proposed development conforms with the use prescribed for that land or building in this Bylaw.
5.9.2
In approving an application for development pursuant to Section 5.9.1, the Development Authority shall
adhere to the following:
a. A variance shall be considered when warranted by the merits of the proposed development and in
response to irregular parcel lines, parcel shapes or site characteristics which create difficulties in
siting structures within the required setback or in meeting the usual bylaw requirements.
b. No variance will be granted to increase the maximum height of a building beyond what is permitted
in this Land Use Bylaw.
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c. Where a variance is granted, the nature of the approved variance shall be specifically described in
the Development Permit approval.
5.10
DEVELOPMENT PERMIT NOTICES
5.10.1
When a development permit has been issued for a permitted use and no variance to any regulation has
been granted, the Development Authority shall within five (5) working days after a decision on a
development permit application send a notice by regular mail of the decision to the applicant and post a
notice on the Village's website. Mailing is not required when an applicant picks up a copy of the decision.
5.10.2
In addition to the above, within five (5) working days after a decision on a development permit application
for a discretionary use or after a variance has been granted, the Development Officer shall:
a. send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to all
affected adjacent landowners, as identified on the Village Assessment Roll, to provide notice of the
decision and right of appeal; and
b. post notice of the decision on the Village's website; and
c. send notice by regular mail (or by electronic mail if agreed to in advance by the applicant) to any
other landowner, business, agency, adjacent municipality, organization, or similar body that the
Development Authority deems may be affected to provide notice of the decision and right of appeal.
5.10.3
The notice indicated in Sections 5.10.1 and 5.10.2 shall state:
a. the legal description and the street address of the site of the proposed development;
b. the uses proposed for the subject development,
c. any discretion that was granted in the approval of the development, whether by use or by
interpretation of this Bylaw, and any variation or relaxation in regulation that was made by the
Development Authority when the development permit was approved;
d. the date the development permit was issued;
e. whether an appeal lies to the subdivision and development appeal board or to the Land and
Property Rights Tribunal; and
f.
how an appeal might be made and the deadline for such appeal.
5.10.4
Pursuant to this Section, a permit granted pursuant to this Part does not come into effect until twenty-one
(21) days after the date that notice of the decision, or development permit is received. For the purposes of
this Bylaw, notice is deemed to be received on the fifth day after the date of the issuance of the decision or
permit. Any development undertaken prior to the expiry of this period is solely at the risk of the applicant.
5.10.5
Where an appeal is made, a development permit which has been granted shall not come into effect until
the appeal has been determined and the permit has been confirmed, modified, or nullified thereby.
5.10.6
If the development authorized by a permit is not commenced within twelve (12) months from the date of
the issue of the development permit and completed within twelve (12) months of the commencement of
the development, the permit is deemed to be void.
5.10.7
A development, once begun, shall not be abandoned or left for an extended period of time in what the
Development Authority considers to be an unsightly or unsafe condition.
5.10.8
The applicant may be responsible for any damage to public or private property as a result of development.
5.10.9
A decision of the Development Authority for a development permit shall be made in writing.
5.11
CANCELLATION
5.11.1
The Development Authority may cancel a Development Permit if:
a. The permit was issued in error; or
b. The permit was issued on the basis of incorrect information.
5.12
COMPLIANCE WITH LEGISLATION AND AGREEMENTS
5.12.1
Compliance with the requirements of this Land Use Bylaw does not exempt any person from complying
with:
a. The requirements of any federal or provincial legislation;
b. The requirements of other municipal plans and bylaws; and
c. Any easement, covenant, agreement, or contract affecting the proposed site or development.
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6.
SUBDIVISION APPLICATIONS
6.1
SUBDIVISION OF LAND
6.1.1
All subdivision applications for lands within the Village shall comply with the provisions under this Section.
6.1.2
A subdivision application may be submitted by:
a. the registered owner of the land to be subdivided; or
b. a person with written authorization to act on behalf of the registered owner.
6.2
SUBDIVISION APPLICATION REQUIREMENTS
6.2.1
A tentative plan of subdivision shall:
a. clearly outline the location, dimensions, and boundaries of the land which the applicant wishes to
subdivide;
b. show the location, dimensions, and boundaries of:
i.
each new lot to be created;
ii.
reserve land(s), if required;
iii.
the rights-of-way of each public utility, if required; and
iv.
other rights-of-way, if required;
c. indicate the use, location, and dimensions of existing buildings on the land that is the subject of the
application, if any, and specify whether the buildings are proposed to be demolished or moved;
d. show the location of any river, stream, watercourse, lake, or other body of water (natural or man-
made) that is contained within the boundaries of the proposed parcel of land;
e. identify the location of any existing or proposed water wells, the locations and type of any private
sewage disposal system(s), and the distance from these to existing or proposed buildings and
property lines;
f.
include information provided by the Alberta Energy Regulator identifying the location of any active
wells, batteries, processing plants or pipelines within the proposed subdivision; and
g. identify the existing and proposed access to the proposed parcels and the remainder of the titled
area.
6.2.2
The Village may also require an applicant to submit to the Subdivision Authority any or all of the following:
a. a figure showing topographic contours at no greater than 1.5 m (5.0 ft.) intervals;
b. if the proposed subdivision is not to be served by a water distribution system, information
supported by the report of a qualified professional, registered in the Province of Alberta, respecting
the provision, availability, and suitability of potable water on or to the land to be subdivided;
c. an assessment of subsurface characteristics of the land that is to be subdivided including, but not
limited to, susceptibility to slumping or subsidence, depth to water table, and suitability for any
proposed on-site sewage disposal system(s), prepared and signed by a qualified professional
registered in the Province of Alberta;
d. reports, plans, and studies prepared by qualified professionals, including:
i.
Arborist Report;
ii.
Geotechnical Report;
iii.
Lot Grading and Drainage Plan or Stormwater Management Plan;
iv.
Slope Stability Analysis;
v.
Water Report;
vi.
Wetland Assessment;
vii.
Any other reports, plans, and studies that provide information requested by the Subdivision
Authority;
e. if the land that is the subject of an application is located in a potential Flood Plain, a figure showing
the 1:100-year Flood Plain or highest and most frequent rain event series relevant to flooding of the
land;
f.
information respecting the land surface characteristics of land within 0.8 km (0.5 miles) of the land
proposed to be subdivided;
35
g. if any portion of the parcel of land affected by the proposed subdivision is situated within 1.5 km
(1.0 mile) of a sour gas facility, a map showing the location of the sour gas facility; and
h. where the proposed subdivision is staged or includes only a portion of the developable area within
the subject site, an approved Area Structure Plan or Outline Plan that relates the application to
future subdivision and development of adjacent lands.
6.2.3
If the proposed subdivision requires an environmental assessment under the Canadian Environmental
Assessment Act, the applicant shall file an environmental assessment in accordance with the Canadian
Environmental Assessment Act. A copy of the environmental assessment shall be submitted with the
subdivision application.
6.2.4
If the proposed subdivision is required to obtain assessments and/or approvals from relevant Federal or
Provincial agencies and organizations, the applicant shall file and obtain the appropriate reports and/or
approvals with relevant agencies and organizations. A copy of the required reports and/or approvals or
licenses shall be submitted with the subdivision application.
6.2.5
Information on abandoned oil and gas wells as required by the Subdivision and Development Regulations
and Alberta Energy Regulator Directive 079 shall accompany every subdivision application.
6.3
SUBDIVISION AUTHORITY PROCESS
6.3.1
Upon receipt of a completed subdivision application, the Subdivision Authority:
a. shall refer the subdivision application to any external agencies and adjacent landowners for
comment prior to making a decision and may refer the subdivision application to any internal
municipal department(s) as required;
b. shall approve, with or without conditions, a subdivision application for a permitted use where the
proposed subdivision conforms to:
i.
this Bylaw;
ii.
applicable statutory plans; and
iii.
the Act and the Regulations thereunder; or
c. shall refuse an application for a subdivision if the proposed subdivision does not conform with:
i.
applicable statutory plans; and/or
ii.
the Act and the Regulations thereunder; and/or
iii.
the uses prescribed in the applicable land use district identified in this Land Use Bylaw; or
d. may refuse an application for a subdivision if the proposed subdivision does not conform with other
regulations in this Bylaw;
6.3.2
The subdivision authority may approve, with or without conditions, an application for subdivision that
does not comply with this Bylaw if, in the opinion of the Subdivision Authority, the proposed subdivision:
a. would not unduly interfere with the amenities of the neighbourhood;
b. would not materially interfere with or affect the use, enjoyment, or value of neighbouring parcels of
land; and
c. conforms to the use prescribed for that land in this Bylaw.
6.4
NOTICE OF COMPLETE OR INCOMPLETE SUBDIVISION APPLICATIONS
6.4.1
The Subdivision Authority shall, within twenty (20) days of the receipt of an application for subdivision,
determine whether the application is complete.
6.4.2
The time period referred to in Section 6.4.1 may be extended by an agreement in writing between the
applicant and the Subdivision Authority or, if applicable, in accordance with the Land Use Bylaw made
pursuant to section 640.1(a) of the Act.
6.4.3
An application is complete if, in the opinion of the Subdivision Authority, the application contains the
documents and other information necessary to review the application.
6.4.4
If the Subdivision Authority determines that the application is complete, the Subdivision Authority shall
issue to the applicant, in writing or electronically, an acknowledgment that the application is complete.
6.4.5
If the Subdivision Authority determines that the application is incomplete, the Subdivision Authority shall
issue to the applicant a notice, in writing or electronically, that the application is incomplete and that any
outstanding documents and information referred to in the notice must be submitted by a date set out in
36
the notice or a later date agreed on between the applicant and the Subdivision Authority in order for the
application to be considered complete.
6.4.6
If the applicant fails to submit all the outstanding information and documents on or before the date
referred to in Section 6.4.5, the Subdivision Authority must deem the application to be refused.
6.4.7
Despite that the Subdivision Authority has issued an acknowledgment under Section 6.4.5 or 6.4.6, in the
course of reviewing the application, the Subdivision Authority may request additional information or
documentation from the applicant that the Subdivision Authority considers necessary to review the
application.
6.5
DUTIES OF THE SUBDIVISION AUTHORITY
6.5.1
The Subdivision Authority shall:
a. participate in a pre-application submission meeting with development proponents (as requested);
b. receive all applications for subdivision applications;
c. assess and provide notice of a complete or incomplete application; and
d. issue notices in writing as required in the Act.
6.6
REQUIREMENTS AND CONDITIONS OF SUBDIVISION APPROVAL
6.6.1
The Subdivision Authority shall abide by the requirements of and consider the matters indicated in
Sections 652 to 670 of the Act.
6.6.2
Subdivision approvals must comply with Part 17 of the Act and the Regulations therein.
6.6.3
For the purposes of this Bylaw, an unsubdivided quarter section shall include those quarter sections
where a separate title exists for a public utility or an institutional use.
6.6.4
For the purposes of this Bylaw, an unsubdivided quarter section shall include those quarter sections
where a separate title exists for a public utility or an institutional use.
6.6.5
As a condition of subdivision approval, Environmental Reserves will be taken according to Section 664 of
the Act either in the form of a lot (ownership transferred to the Village) or as an Environmental Reserve
Easement (private ownership is retained).
6.6.6
As a condition of subdivision approval, the Village may require that the proponent provide hazard land as
Environmental Reserves or provide an Environmental Reserve Easement.
6.6.7
Where a subdivision is proposed on lands adjacent to a water body, a watercourse or wetland, reserves
shall be required as a condition of subdivision approval as provided for in the Act. When determining the
width and size of the Environmental Reserve or Environmental Reserve Easement area the following shall
be taken into consideration:
a. Recommendations by qualified biologist, geotechnical scientists, or engineering professionals;
and/or
b. The Riparian Setback Matrix Model (RSMM); and/or
c. The Province of Alberta's Recommended Setbacks Chart.
6.6.8
Property taxes must be up to date prior to final endorsement of any subdivision within the Village.
6.6.9
All proposed parcels being created shall be designed to not, in the opinion of the Subdivision Authority,
prejudice the future efficient development of the remnant lands.
6.6.10
The Subdivision Authority may require the following conditions as part of subdivision approval:
a. Compliance with an approved Erosion and Sediment Control Plan;
b. Compliance with an approved Landscaping Plan;
c. Compliance with an approved Lot Grading and Drainage Plan;
d. Compliance with an approved Stormwater Management Plan;
e. Any other conditions requested by the Subdivision Authority.
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7.
SUBDIVISION AND DEVELOPMENT APPEALS
7.1
DEVELOPMENT APPEALS
7.1.1
An appeal may be made to the Subdivision and Development Appeal Board (the Board) where a
Development Authority:
a. refuses or fails to issue a development permit to a person; or
b. issues a development permit subject to conditions; or
c. issues an order under Section 645 of the Act
by the person applying for the development permit or affected by the order, under s. 645.
7.1.2
In addition to Section 7.1.1, any person affected by an order, decision or development permit made or
issued by the Development Authority may appeal the decision in accordance with Section 685(2.1) of the
Act.
7.1.3
Despite 7.1.1 and 7.1.2, no appeal lies in respect of the issuance of a development permit for a permitted
use unless the provisions of this Bylaw were relaxed, varied, or misinterpreted or the application for the
development permit was deemed to be refused under Section 683.1(8).
7.1.4
Despite Sections 7.1.1, 7.1.2, and 7.1.3, where the decision issued for a development permit application
within a direct control district is made by:
a. Council, there is no appeal to the Subdivision and Development Appeal Board; or
b. the Development Authority, the appeal is limited to whether the Development Authority followed
the directions of council, and if the board hearing the appeal finds that the Development Authority
did not follow the directions of council it may, in accordance with the directions, substitute its
decision for the Development Authority's decision.
7.1.5
An appeal of a decision of the Development Authority for lands identified in Section 685(2.1)(a) of the Act
shall be made to the Land and Property Rights Tribunal and shall proceed in accordance with the
processes identified in the Act and the Land and Property Rights Tribunal Act.
7.1.6
An appeal of a decision of the Development Authority for lands identified in Section 685(2.1)(b) of the Act
shall be made to the Subdivision and Development Appeal Board of the Village.
7.1.7
An appeal with respect to an application for a development permit may be made by a person identified in
Section 7.1.1 by serving a written notice of appeal to the board hearing the appeal:
a. within 21 days after the date on which the written decision is given; or
b. if no decision is made with respect to the application within the 40-day period (or within any
extension to that period under Section 684 of the Act), within 21 days after the date the period or
extension expires; or
c. with respect to an order under Section 645 of the Act, within 21 days after the date on which the
order is made.
7.1.8
An appeal with respect to an application for a development permit may be made by a person (identified in
Section 7.1.1) by serving a written notice of appeal to the board hearing the appeal within 21 days after the
date on which the written decision is given.
7.1.9
An appeal to the Land and Property Rights Tribunal may be made by filing a notice to the Land and
Property Rights Tribunal. The notice submission requirements shall be as established by the Land and
Property Rights Tribunal.
7.1.10
An appeal to the Subdivision and Development Appeal Board may be launched by filing a notice by
providing the following:
a. the appeal application fee as identified in the Village's Fees and Charges Bylaw;
b. the legal description and/or the municipal address of the property to which the decision, order or
issuance of the development permit relates;
c. the name, contact information and address of the appellant; and
d. the reasons for the appeal and the issue or condition in the decision or order that are the subject of
the appeal.
38
7.1.11
Where a person files a notice of appeal with the wrong board, that board must refer the appeal to the
appropriate board and the appropriate board must hear the appeal as if the notice of appeal had been
filed with it and it is deemed to have received the notice of appeal from the applicant on the date it
receives the notice of appeal from the first board, if:
a. in the case of a person referred to in Section 7.1.1 the person files the notice with the wrong board
within 21 days after receipt of the written decision or the deemed refusal; or
b. in the case of a person referred to in Section 7.1.1 the person files the notice with the wrong board
within 21 days after the date on which the notice of the issuance of the permit was given in
accordance with the land use bylaw.
7.2
SUBDIVISION APPEALS
7.2.1
The decision of a Subdivision Authority on an application for subdivision approval may be appealed:
a. by the applicant for the approval;
b. by a government department if the application is required by the Subdivision and Development
Regulations to be referred to that department;
c. by the council of the municipality in which the land to be subdivided is located if the council, a
Designated Officer of the municipality or the Municipal Planning Commission of the municipality is
not the Subdivision Authority; or
d. by a school board with respect to:
i.
the allocation of municipal reserve and school reserve or money in place of the reserve;
ii.
the location of the school reserve allocated to it; or
iii.
the amount of school reserve or money in place of the reserve.
7.2.2
An appeal of a decision of the Subdivision Authority for lands identified in Section 678(2)(a) of the Act shall
be made to the Land and Property Rights Tribunal and shall proceed in accordance with the processes
identified in the Act and the Land and Property Rights Tribunal Act.
7.2.3
An appeal of a decision of the Subdivision Authority for lands identified in Section 678(2)(b) and 678(2.1) of
the Act shall be made to the Subdivision and Development Appeal Board of the Village.
7.2.4
An appeal to the Land and Property Rights Tribunal may be made by filing a notice to the Land and
Property Rights Tribunal. The notice submission requirements shall be as established by the Land and
Property Rights Tribunal.
7.2.5
An appeal to the Subdivision and Development Appeal Board may be launched by filing a notice by
providing the following:
a. the appeal application fee as identified in the Village's Fees and Charges Bylaw;
b. the legal description and/or the municipal address of the property to which the decision, order, or
issuance of the development permit relates;
c. the name, contact information, and address of the appellant; and
d. the reasons for the appeal and the issue or condition in the decision or order that are the subject of
the appeal.
7.2.6
If the applicant files a notice of appeal within twenty-one (21) days after receipt of the written decision or
the deemed refusal with the wrong board, that board must refer the appeal to the appropriate board and
the appropriate board must hear the appeal as if the notice of appeal had been filed with it and it is
deemed to have received the notice of appeal from the applicant on the date it receives the notice of
appeal from the first board.
7.3
HEARING AND DECISION
7.3.1
Hearings for development appeals and decisions made by the board hearing the appeal shall be in
accordance with Sections 686 and 687 of the Act.
7.3.2
Hearings for subdivision appeals and decisions made by the board hearing the appeal shall be in
accordance with Sections 679, 680, and 681 of the Act.
39
8.
ENFORCEMENT
8.1
SCOPE OF ENFORCEMENT
8.1.1
Regulations in Section 8 are related to the enforcement of Land Use Bylaw regulations exclusively.
8.2
PROVISION OF ENFORCEMENT
8.2.1
Enforcement may be conducted by a Designated Officer through the issuance of a violation warning,
warning notice, final warning notice, stop order, violation tags or any other authorized action under the Act
to ensure compliance with the regulations of this Land Use Bylaw.
8.3
PROHIBITION
8.3.1
No person shall contravene or permit a contravention of this Bylaw. No person shall commence or
undertake a development, use, or action that is not permitted by this Bylaw.
8.3.2
No person shall contravene the conditions of a development permit or subdivision approval issued under
this Bylaw.
8.3.3
No person shall authorize or undertake any development that is not compliant with the description,
specifications, or plans that were the basis for the issuance of a development permit.
8.3.4
No person shall modify any description, specifications, or plans that were the basis for the issuance of a
permit by the Development Authority.
8.4
RIGHT OF ENTRY
8.4.1
After reasonable notice (generally to mean 48 hours) has been provided to the owner or occupant of a
parcel or building that is subject to an order, a Designated Officer may enter a property at reasonable
times (generally to mean between the hours of 7:30 a.m. and 10:00 p.m.) to ascertain if Land Use Bylaw
and development permit conditions/requirements are being met.
8.4.2
A person shall not prevent or obstruct a Designated Officer from carrying out any official duty under this
Bylaw. If consent is not given, the Village may apply to the Court of King's Bench for an authorizing order.
8.5
VIOLATION WARNINGS
8.5.1
A Designated Officer may issue a warning notice or a final warning outlining the nature of the violation,
corrective measures that may be taken, and the deadline for corrective measures, or both.
8.6
OFFENSES AND FINES
8.6.1
A person who violates the provisions of this Bylaw or permits a contravention of this Bylaw, is guilty of an
offence and is liable to a fine for a first offence and for each subsequent offence as specified in the
Village's Fees and Charges Bylaw.
8.6.2
If the penalty is not paid, the person may be liable for imprisonment for not more than one year, or to
both fine and imprisonment, as identified in Section 7 of the Act, as amended or replaced.
8.7
STOP ORDERS
8.7.1
On finding that a development, land use, or use of a building does not conform to the Act or its
regulations, a development permit or subdivision approval or the conditions of either, or this Bylaw, the
Development Authority may, by written notice, direct the owner of the property, the person in possession
of the land, building, or sign, or the person responsible for a contravention or any or all of them, to:
a. stop the development or use of the land or building in whole or part as directed by the notice;
b. demolish, remove, or replace the development or landscaping; or
c. carry out any other actions required by the notice for compliance.
8.7.2
The notice shall specify a deadline for compliance.
8.7.3
A person named in a stop order may appeal to the Subdivision and Development Appeal Board.
40
8.8
ENFORCEMENT OF STOP ORDERS
8.8.1
Subject to Section 542 of the Act, if a person fails to comply with the order of the Development Authority, a
Designated Officer, or the Subdivision and Development Appeal Board, a Designated Officer may enter on
the land or building and take any action necessary to carry out the order.
8.8.2
The Village may register a caveat against the certificate of title for the land that is subject to the order,
provided that the caveat is discharged when the order has been complied with.
8.8.3
The Village's costs of carrying out any actions required for compliance may be added to the tax roll of the
land subject to the order.
8.9
VIOLATION TAGS AND TICKETS
8.9.1
In accordance with the Provincial Offences Procedures Act, a Designated Officer may issue a violation tag
to a person for specific offences in contravention of a violation issuing a warning notice, a final warning
notice, or a stop order where there are reasonable and probable grounds to believe there is a
contravention of this Bylaw.
8.9.2
A violation tag may be issued to a person either personally or by registered mail.
8.9.3
The violation tag shall be in a form approved by the Village and shall include the name of the person
thought to have created the contravention, the offence, the penalty for the offence, a requirement that the
penalty be paid within 30 days of issuance of the violation tag, the method by which the tag may be paid,
and other information as may be required by the Village.
8.9.4
The Development Authority is hereby authorized and empowered to issue a violation tag to any person
whom the Development Authority has reasonable and probable grounds to believe has contravened any
provision of this Bylaw.
8.9.5
Offenses and related fines are as specified in the Village's Fees and Charges Bylaw.
8.9.6
Where a contravention is of a continuing nature, further violation tags may be issued.
8.9.7
The person to whom the violation tag is issued may, in lieu of being prosecuted, sign the plea of guilty on
the violation tag and pay the specified fine to the location indicated on the violation tag.
8.9.8
If payment is not made within the time specified on the tag, a Designated Officer may issue a violation
ticket requiring the person to whom the violation ticket is issued to appear in court on the date specified in
the summons portion of the ticket.
8.9.9
Nothing in this Bylaw shall prevent a Designated Officer from immediately issuing a violation ticket for the
mandatory court appearance of any person who contravenes any provision of this Bylaw.
41
9.
GENERAL LAND USE REGULATIONS
9.1
ACCESSORY BUILDINGS
9.1.1
Within the R1 - Residential District an accessory building shall be considered:
a. a permitted use on lots with an approved dwelling.
b. a discretionary use on lots without an approved dwelling.
9.1.2
On lots in other districts, the construction of accessory buildings shall be at the discretion of the
development authority.
9.1.3
Where a structure is attached to the principal building by a roof, an enclosed structure, or a foundation, it
is to be considered a part of the principal building and is not an accessory building.
9.1.4
An accessory building shall not be used as a dwelling unless a development permit has been issued
allowing the use of the accessory building as a guest house suite.
9.1.5
Accessory buildings other than fences shall be located such that the minimum distances between the
accessory buildings and principal buildings, lot lines, and other buildings, structures, and uses are
provided.
9.1.6
The siting of an accessory building on an irregularly shaped lot shall be approved by the Development
Authority.
9.1.7
No accessory buildings, other than fences that otherwise comply with this Bylaw, shall be located in the
front yard.
9.1.8
No accessory building, other than a fence, deck, or patio, shall be located closer than 2.1 m (7.0 ft.) to the
principal building.
9.1.9
The height of an accessory building in the Residential Districts shall not exceed 4.6 m (15.0 ft.) or one
storey. However, the maximum height for an accessory building may be exceeded, at the sole discretion of
the Development Authority, for the height of a garage in order to facilitate the development of a garage
suite on a lot where it can reasonably be determined by the Development Authority that the additional
height will not impact the quality of life or enjoyment of adjacent properties.
9.1.10
The maximum height of accessory buildings in all districts not listed in Section 9.1.9, shall be at the
discretion of the Development Authority.
9.1.11
No part of an accessory building, including eaves, cantilevers, and other projections, shall be located on or
over an easement or utility right-of-way registered by the Village unless authorized by the Development
42
Authority and an Encroachment Agreement between the Village and the landowner has been registered
on the Title of the subject lot.
9.1.12
An accessory building shall not:
a. have an eave overhang within 0.3 m (1.0 ft.) of a lot line; and
b. exceed more than 15% of the total site area; and
c. be larger than the total floor area of the principal building.
9.2
APPEARANCE AND DESIGN OF BUILDINGS AND YARDS
9.2.1
The design, character, and appearance of all buildings shall:
a. be compatible with other buildings in the vicinity unless the building is setting a new standard for
the District in which it is located;
b. be suited to the purpose of the District in which it is located; and
c. comply with the provision of any statutory plan applicable to the design, character, or appearance of
the building.
9.2.2
The exterior finish on all buildings shall be of a permanent material and be of a character and quality
satisfactory to the Development Authority.
9.2.3
Garbage containers and outdoor storage shall be screened and accessible for convenient pickup.
9.3
CORNER AND DOUBLE FRONTING LOTS
9.3.1
In the case of double fronting lots, the front yard shall be that portion of the site abutting the road on
which the front yards of adjacent lots face. If adjacent lots have front yards facing both roads, front yards
shall be on both roads and the lot may thus have no rear yard.
9.3.2
Notwithstanding any other provision of this Bylaw to the contrary, the Development Authority may require
that a development on a corner site or on a double fronting site provide two minimum required front
yards, after having regard to the orientation of adjacent lots and to the location of accesses to the
development.
9.3.3
Notwithstanding any other provision of this Bylaw to the contrary, in residential districts, where a second
minimum front yard is not required on a corner site, the minimum required side yard on the side adjacent
to the road shall not be less than 3.8 m (12.5 ft.).
9.3.4
Notwithstanding Section 9.3.3, in residential areas, features under 0.5 m (1.5 ft.) above grade may project
to the sideline where a second minimum front yard is not required on a corner site.
9.4
CORNER SITES AND SITE LINE PROTECTION
9.4.1
In Residential Districts, no fence, wall, tree, bush, structure, or thing more than 1.0 m (3.0 ft.) in height shall
be erected, placed, or maintained within the triangular area formed by intersecting driveways, roads,
lanes, and right-of-way lines, extending 3.0 m (10.0 ft.) from each direction of the intersection.
43
9.5
DECKS
9.5.1
Balconies and decks may project up to:
a. 2.0 m (6.5 ft.) into required yards with a minimum depth of 4.0 m (13.0 ft.); or
b. 0.5 m (1.5 ft.) for required yards less than 4.0 m (13.0 ft.)
provided they do not encroach over an easement or right-of-way.
9.5.2
No person shall construct or allow the construction of an enclosed deck that:
a. encroaches into a required front yard;
b. is less than 1.0 m (3.0 ft.) from a side property line in a front yard;
c. is less than 0.5 m (1.5 ft.) from a property line in a side yard;
d. in a rear yard, is less than 1.0 m (3.0 ft.) from the side and rear property lines;
e. notwithstanding Sections 9.5.2.c and 9.5.2.d, less than 3.0 m (10.0 ft.) from the property line if the
structure is abutting a public road in a side yard on a corner lot; and
f.
is not placed upon a permanent foundation.
9.6
DWELLING UNITS ON A LOT
9.6.1
No permit shall be granted for the erection of more than one (1) dwelling unit on a single lot unless the
dwelling units are located within a duplex, triplex, fourplex, row house, or an apartment. The number of
dwelling units allowed on a lot shall not exceed one (1).
9.6.2
Notwithstanding Section 9.6.1, the Development Authority may issue a permit for the construction or
location of more than one (1) dwelling unit on a lot if the use conforms to the uses prescribed for the
District in which the lot is located and:
a. such unit(s) are contained in a building that, or in buildings each of which, are designed for or
divided into two (2) or more dwelling units;
b. it is a manufactured home forming part of a manufactured home park for which a development
permit has been issued;
c. is a building as defined in the Condominium Property Act that is subject to an approved
condominium plan registered in the Land Titles Office;
d. is a garage suite, garden suite, or secondary suite as defined in this Bylaw and meets the
requirements for such development as established in Sections 10.16 to 10.20, respectively; and
e. the development complies with the provisions of this Land Use Bylaw and a development permit is
issued for the use.
9.7
EXISTING SUBSTANDARD LOTS
9.7.1
With the approval of the Development Authority, the minimum lot area and minimum lot width may be
less in the case of existing substandard lots.
9.8
FENCES AND WALLS
9.8.1
The development of a fence other than those identified in Section 5.2.1.d shall require a development
permit.
9.8.2
Notwithstanding any regulation respecting required yard to the contrary in this Bylaw, a fence or hedge
may be constructed along a boundary line of a lot.
9.8.3
No person shall construct or permit to be constructed retaining walls or fences that adversely or materially
affect the grading or the drainage of the lot or of adjoining properties.
9.8.4
No fence, wall, hedge in any Residential District shall be:
a. higher than 1.8 m (6.0 ft.) in side yards and rear yards, such height to be measured as the average
elevation from the ground at the fence, wall or curb line unless otherwise provided in this Bylaw; or
b. higher than 0.9 m (3.0 ft.) in front yards, except in the case of a corner lot, the side yard adjacent to
the road or highway shall be deemed to be a front yard for the purpose of this subsection; or
c. higher than 0.9 m (3.0 ft.) within 6.1 m (20.0 ft.) of the intersection of lanes, roads, or any
combination of them.
44
9.8.5
Notwithstanding 9.8.4, the Development Authority may consider a variance for a larger fence for the
purpose of enclosing a yard (or portion of a yard) to facilitate the safe enclosure of pools, hot tubs, or pets,
or to screen the placement of a sea can for which a development permit has been approved.
9.8.6
All triplex, fourplex, apartment, or row housing developments shall provide, to the satisfaction of the
Development Authority, a wall, hedge, or wooden fence of not less than 1.2 m (4.0 ft.) nor more than 1.8 m
(6.0 ft.) in height, along any side lines adjacent to any Residential District.
9.8.7
All drive-in businesses, car washing establishments, service stations, and gas bars shall provide, to the
satisfaction of the Development Authority, solid fences of not less than 1.5 m (4.9 ft.) in height nor more
than 1.8 m (6.0 ft.) in height adjacent to any Residential District.
9.8.8
All other commercial and industrial developments adjacent to any Residential District shall provide fencing
to the satisfaction of the Development Authority, a wooden fence of not less than 6.0 ft. (1.8 m) in height
along any side or rear lines adjacent to any Residential District.
9.9
HISTORICAL AND ARCHAEOLOGICAL SITES
9.9.1
Historical sites or archaeological sites identified pursuant to The Alberta Historical Resources Act shall be
protected in accordance with guidelines established by Alberta Culture.
9.10
LANDSCAPING
9.10.1
No person shall commence or continue the removal of topsoil that would affect without first obtaining a
development permit.
9.10.2
The removal or placement of topsoil on a lot that could alter site drainage on adjacent lots or municipal
property shall require a development permit.
9.10.3
Development permit applications for landscaping as described above shall be accompanied by a general
lot grading and drainage plan.
9.10.4
Any landscaping and/or re-contouring of a lot shall ensure that finished grades do not direct surface
drainage or cause the impounding of drainage onto adjacent lots or municipal property unless otherwise
approved by the Development Authority.
9.10.5
There shall be provided upon the occupancy of the development, a minimum topsoil coverage of 15.2 cm
(6.0 inches) and the affected area shall be landscaped to the satisfaction of the Development Authority.
9.10.6
Landscaping may include the planting of trees, shrubs, flowers, and similar vegetation and may include
other landscaping materials such as grass/sod, crushed rock, wood chips, rock gardens, vegetable gardens
and ornamental plants, or a combination thereof to the satisfaction of the Development Authority.
9.10.7
Commercial developments adjacent to Residential Districts shall have at least 10% of the lot area
landscaped.
9.10.8
Landscaping shall be provided and maintained for all drive-in businesses, car washing establishments,
service stations and gas bars, to the satisfaction of the Development Authority.
9.10.9
As a condition of the approval of a development permit, all required landscaping and planting must be
carried out, to the satisfaction of the Development Authority, within two (2) months (weather permitting)
of the occupancy or the commencement of operation of the proposed development.
9.10.10 Off-street parking lots in Commercial Districts shall be landscaped by the planting of trees in a manner and
number satisfactory to the Development Authority.
9.11
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
9.11.1
No person shall keep or allow in any part of any yard in any Residential District:
a. any dismantled or wrecked vehicle for more than fourteen (14) consecutive days;
b. any object or chattel which, in the opinion of the Development Authority, is unsightly or tends to
adversely affect the amenities of the district in which it is located;
c. any excavation, storage or piling up of materials required during construction unless all necessary
safety measures are taken, and 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; or
45
d. A commercial vehicle of a maximum weight in excess of 9,000 lbs. (4,018 kg), loaded or unloaded,
unless an annual development permit is obtained.
9.11.2
No person shall keep or allow in any part of any front yard in any Residential District a commercial vehicle
or a recreational vehicle except on a developed hard surfaced driveway.
9.12
OFF-STREET LOADING
9.12.1
When required by the Development Authority, a development proponent shall:
a. provide loading spaces, each having dimensions of not less than 3.1 m (10.0 ft.) in width, 7.6 m (25.0
ft.) in length, and 4.3 m (14.0 ft.) in height;
b. provide vehicular ingress to, and egress from, a road, highway, or lane for each loading space
provided such that no backing or turning movements of vehicles going to or from the site cause
interference with traffic in nearby roads or lanes;
c. be sited at an elevation or elevations convenient to a major floor level in building or to a utility
elevator serving each major floor level; and
d. be graded and drained to dispose of all stormwater runoff to the designated stormwater
management system and away from adjacent properties. Drainage shall only be allowed to cross
sidewalks if approved by the Development Authority.
9.12.2
The number of loading spaces required to be provided in a development shall be as follows:
a. For a commercial or industrial development retail, industrial, warehouse, or similar development of
less than 464.5 m2 (5,000 ft.2) of gross floor area, one (1) space.
b. For a commercial or industrial development retail, industrial, warehouse, or similar development
between 464.5 m2 (5,000 ft.2) and 2,322 m2 (25,000 ft.2) of gross floor area, two (2) spaces.
c. For a commercial or industrial development retail, industrial, warehouse, or similar development
over 2,787 m2 (30,000 ft.2) of gross floor area, two (2) spaces, plus one (1) space for each additional
2,787 m2 (30,000 ft.2) of gross floor area or fraction thereof.
d. For all other uses, as required by the Development Authority.
e. For an office building, place of public assembly, public convalescent home, institution, club or lodge,
public utility, school, or any similar use, one (1) space for a development of less than 2,787 m2
(30,000 ft.2) of gross floor area, and one (1) additional space for each additional 2,787 m2 (30,000 ft.2)
of gross floor area or fraction thereof.
9.13
OFF-STREET PARKING
9.13.1
Each parking area shall be so graded and drained as to dispose of all stormwater runoff to the designated
stormwater management system and away from adjacent properties. Drainage shall only be allowed to
cross sidewalks if approved by the Development Authority.
9.13.2
All off-street parking areas and accessory off-street parking areas:
a. shall not be located within 0.9 m (3.0 ft.) of a lot boundary line common to the lot and to a road;
b. shall have parking spaces and maneuvering aisles designed and sized to the satisfaction of the
Development Authority;
c. shall be constructed so that adequate access to, and exit from each parking space is provided at all
times by means of maneuvering aisles designed to the satisfaction of the Development Authority;
and
d. shall have necessary curb cuts located to the satisfaction of the Development Authority.
9.13.3
All parking spaces shall conform as follows:
Parking
Angle in
Degrees
Width
of Stall
Depth of Stall
Perpendicular to
Manoeuvring Aisle
Width of Stall
Parallel to
Manoeuvring Aisle
Overall
Depth
Width of
Manoeuvring
Aisle (one-way)
Width of
Manoeuvring
Aisle (two-way)
a
b
c
d
e
f
0
2.7 m
(8.86 ft.)
2.7 m
(8.86 ft.)
7.0 m
(22.97 ft.)
9.1 m
(29.86 ft.)
3.6 m
(11.81 ft.)
6.7 m
(21.98 ft.)
46
30
2.7 m
(8.86 ft.)
5.2 m
(17.06 ft.)
5.5 m
(45.87 ft.)
14.0 m
(45.93 ft.)
3.6 m
(11.81 ft.)
7.3 m
(23.95 ft.)
45
2.7 m
(8.86 ft.)
5.8 m
(19.03 ft.)
4.0 m
(13.12 ft.)
15.2 m
(49.87 ft.)
3.6 m
(11.81 ft.)
6.7 m
(21.98 ft.)
60
2.7 m
(8.86 ft.)
6.1 m
(20.01 ft.)
3.1 m
(10.17 ft.)
18.2 m
(59.71 ft.)
6.0 m
(19.69 ft.)
7.3 m
(23.95 ft.)
90
2.7 m
(8.86 ft.)
6.1 m
(20.01 ft.)
2.7 m
(8.86 ft.)
19.5 m
(63.98 ft.)
7.3 m
(23.95 ft.)
7.3 m
(23.95 t.)
9.13.4
Surface and Drainage
a.
At the discretion of the Development Authority, parking spaces and the accesses to them may be
required to be hard surfaced if the access is from a road, or a lane which is hard surfaced.
b.
Parking areas must be paved or of a gravel mixture as approved by the Development Authority.
c.
Each parking area shall be so graded and drained so as to dispose of all stormwater runoff.
Drainage shall only be allowed to cross sidewalks if approved by the Development Authority.
9.13.5
Required Number of Off-street Parking Spaces
a.
The minimum number of off-street parking spaces required for each development shall be
calculated in accordance with the regulations within the Land Use Districts. In the case of a use not
specifically mentioned, the required number of off-street parking spaces shall be the same for a
similar use as determined by the Development Authority. Where a development falls within more
than one use as listed, the required number of spaces shall be the sum of the requirements for each
of the uses listed.
b.
The Development Authority may allow an applicant to provide a lesser number of spaces if it can be
shown that the standard is not applicable to the project, or that there is sufficient parking available
in the area of the development to meet needs, or if the development occupies an existing building
where no or little parking is available.
9.13.6
Where the Development Authority deems the off-street parking requirements impractical to enforce, the
Municipal Planning Commission may deny the application.
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9.14
PROJECTION INTO YARDS
9.14.1
Except for fences as noted in Section 9.8 and 9.14.3 below, no building or structure shall be located or
projected into a required front yard in any Residential District.
9.14.2
If fireplaces or balconies are developed, yard requirements shall be measured from the leading edge of
the fireplace or balcony.
9.14.3
The following features may project into a required yard:
a.
steps, eaves, gutters, sills, patios, decks, or other similar projections, with the amount of the
projection to be as allowed by the Development Authority;
b.
canopies over entrances to buildings, provided such projections are cantilevered and do not exceed
0.9 m (3.0 ft.); and
c.
any other features which, in the opinion of the Development Authority, are similar to the foregoing.
9.15
PROTECTION FROM EXPOSURE HAZARDS
9.15.1
The location of any liquefied petroleum gas (LPG) storage tank with a water capacity exceeding 9,100 L
(2004 gal.) shall be in accordance with the requirements of the Development Authority, but in no case be
less than a minimum distance of 122.0 m (400.0 ft.) from assembly, institutional, commercial, or residential
buildings.
9.15.2
LPG containers with a water capacity of less than 9,100 L (2004 gal) shall be in accordance with regulations
under the Safety Codes Act.
9.15.3
Flammable liquids storage tanks at bulk plants or service stations shall be in accordance with regulations
under the Safety Codes Act.
9.15.4
Setbacks from pipelines and other utility corridors shall be as required by the Development Authority and
appropriate Provincial Regulations and legislation.
9.15.5
No tanks for the storage of anhydrous ammonia shall be allowed within the municipality.
9.15.6
The storage or location of any tanks containing anhydrous ammonia will not be permitted within the
municipality.
9.16
SIGNS
9.16.1
No signs or advertising structures of a commercial, directional or informative 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.
9.16.2
No signs or advertising structures shall be erected on or affixed to private property without the prior
consent of the property owner or tenant.
9.16.3
No signs, billboards, advertising structures or signboards shall be erected on or affixed to public property
without the prior consent of the appropriate public body.
9.16.4
Notwithstanding 9.16.1 through 9.16.3, the generality of Subsection (1) above, nor the provisions of
Subsections (2) and (3) above, the following signs may be erected on land or affixed to the exterior surface
of a building or structure without application for a development permit, provided that no such signs shall
be illuminated:
a.
Signs for the purpose of identification, direction and warning or relating to a person, partnership or
company carrying on a profession, business or trade, or relating to an institution of a religious,
educational, cultural, recreational or similar character or to a hotel, an apartment, a club, or a similar
institution, not exceeding 1.1 m2 (12.0 ft.2) and limited to one (1) sign per lot.
b.
Temporary advertisements relating to the sale or letting of land or goods or livestock, the carrying
out of building or similar work, announcements of any local event of a religious, educational,
cultural, political, or similar character not exceeding 1.9 m2 (20.0 ft.2) provided that all such
temporary advertisements shall be removed by the advertiser within fifteen (15) days of the
completion of the event or works to which such advertisements relate.
c.
Advertisements or signs in relation to the function of local authorities, utility boards, or other public
or quasi-public bodies.
9.16.5
No sign or advertisement shall resemble or conflict with a traffic sign, nor shall it be a traffic hazard.
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9.16.6
All advertisements shall be kept in a safe, clean and tidy condition, and may by resolution of Council be
required to be renovated or removed.
9.16.7
No signs or advertising structures other than those specified under 9.16.4 above shall be permitted in
Community, Institutional, or Residential Districts.
9.16.8
Notwithstanding any other provision of this Bylaw to the contrary, the construction or placement of any
sign for any adult use, that is, any business into which premises only adults may be allowed in accordance
with Provincial or Federal legislation or regulation, shall require approval of a development permit by the
Development Authority, and such approval shall be given only at the sole discretion of the Development
Authority.
9.16.9
Applications for such a permit shall include details as to the copy (that is, words or pictures) that may be
on the sign and the lighting of the sign. In considering approval of the sign, the Development Authority
shall give due consideration to all matters that he deems reasonable from the perspective of the
municipality's amenities. If approved by the Development Authority, the copy area and lighting of the sign
may not vary beyond that which is approved by the Development Authority.
9.17
SITE DEVELOPMENT
9.17.1
The design, siting, external finish, architectural appearance, and landscaping 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 there shall be general conformity in such matters with adjacent
buildings.
9.18
SOUR GAS FACILITIES
9.18.1
No development shall be allowed within 100.0 m (330.0 ft.) of a Level 1 sour gas facility (consisting of a
well) as determined by Alberta Energy Regulator (AER).
9.18.2
No development shall be permitted within 500.0 m (1,640.0 ft.) of a Level 2 sour gas facility as determined
by the AER.
9.18.3
No dwelling or unrestricted country development shall be permitted within 100.0 m (330.0 ft.) of a Level 3
or Level 4 sour gas facility (consisting of a well) as determined by the AER.
9.19
TREE REMOVAL
9.19.1
The removal of more than 50% of healthy and non-hazardous mature trees from a lot shall require a
development permit.
9.19.2
As part of an application for tree removal, an applicant may be required to provide the following
information to the satisfaction of the Development Authority:
a.
Reason(s) for the proposed tree removal;
b.
A site plan showing the tree(s) to be removed;
c.
A proposed schedule for tree removal and hauling; and
d.
A new landscaping plan that includes tree replanting.
9.19.3
When considering an application for tree removal, the Development Authority shall have regard for
whether the site to be cleared is within an environmentally sensitive area, and the potential impacts on
adjacent lands, watercourses, and water bodies.
9.19.4
The removal of trees on municipally owned or controlled land shall only be undertaken by the Village of
Chauvin or an authorized agent.
9.20
WATER SUPPLY AND SANITARY FACILITIES
9.20.1
All development within the Village shall be serviced, at no cost to the Village, by sanitary facilities that
comply with municipal and provincial design standards and any other Provincial legislation or regulations.
9.20.2
A development permit shall not be issued for residential, commercial, industrial, or recreational uses
unless the Development Authority is satisfied that potable water supplies of sufficient quality and quantity
are or will be made available to support the proposed development.
9.20.3
Where municipal water and sanitary services are available, new developments shall be required to connect
to municipal services as a condition of subdivision or development approval.
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10.
SPECIFIC LAND USE REGULATIONS
10.1
ALCOHOL RETAIL SALES
10.1.1
In addition to any other regulations of this Bylaw, Alcohol Retail Sales meet the following requirements:
a.
an Alcohol Retail Sales Establishment shall only be located within a Land Use District where it is use
is listed as a permitted or discretionary use;
b.
an Alcohol Retail Sales Establishment shall not be located within 100.0 m (330.0 ft.) of any other
Alcohol Retail Sales Establishment, Cannabis Store, private or public school, provincial health care
facility, a registered day care, public park or lot that is designated as school reserve or municipal and
school reserve under the Act. The term public or private schools is limited to elementary through to
high school and does not include commercial schools;
c.
the separation distance between an Alcohol Retail Sales Establishment and other uses shall be
measured from the exterior wall of the Alcohol Retail Sales Establishment to the lot line of the lot;
d.
an Alcohol Retail Sales Establishment shall only operate between the hours of 10:00 a.m. and 10:00
p.m.;
e.
an Alcohol Retail Sales Establishment use shall not operate in conjunction with or accessory to any
other use;
f.
customer access to an Alcohol Retail Sales Establishment shall be visible from the street other than a
lane, or a shopping centre parking lot, or a shopping mall access that allows visibility from the
interior of the mall into the store;
g.
all parking areas and shipping/receiving areas located on-site shall be well lit for pedestrians and
vehicles during operating hours;
h.
parking and loading requirements for an Alcohol Retail Sales Establishment shall be provided based
on Sections 9.17 and 9.18, the Municipal Servicing Standards, and any applicable requirements to
the satisfaction of the Development Authority;
i.
the owner shall obtain any other approval, permit, authorization, consent, or license that may be
required to ensure compliance with applicable federal, provincial, or municipal legislation; and
j.
the Development Authority shall impose a condition on any Development Permit issued for Alcohol
Retail Sales Establishment requiring that the development shall not commence selling alcoholic
products until authorized by and compliant with superior legislation.
10.1.2
Notwithstanding 10.1.1.b, above, Alcohol Retail Sales Establishments approved prior to the
commencement of this bylaw may be located closer than 100.0 m (330.0 ft.) to any use listed in 10.1.1.b
until such time as the Alcohol Retail Sales Establishment use ceases for six months or longer.
10.2
BED AND BREAKFAST ESTABLISHMENTS
10.2.1
A bed and breakfast establishment shall not change the principal character or external appearance of the
dwelling involved and shall have a maximum of three (3) guest bedrooms.
10.2.2
Cooking facilities shall not be located within the sleeping units.
10.2.3
In addition to any other parking requirements of this Land Use Bylaw, one (1) additional parking space
shall be provided for each sleeping unit.
10.2.4
A bed and breakfast establishment shall comply with all the requirements for a home occupation
described in this Bylaw.
10.3
CANNABIS PRODUCTION AND DISTRIBUTION
10.3.1
Regulations within this section apply to the production and development of licensed cannabis for medical
and non-medical purposes.
10.3.2
No cannabis production and distribution facility shall be permitted unless all applicable licensing and
approvals have been provided for by the provincial and federal governments.
10.3.3
A cannabis production and distribution facility shall comply with all applicable federal and provincial
regulations.
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10.3.4
A cannabis production and distribution facility must comply with the following requirements, in addition to
any other municipal, provincial, or Federal regulations and requirements:
a.
must meet all applicable requirements of the identified district, which allows for the use; and
b.
a copy of the current license(s) for the cannabis production and distribution development as issued
by the provincial and/or federal government shall be provided to the Development Authority with
the application or as a condition of development permit approval.
10.3.5
A cannabis production and distribution facility shall meet security and premises requirements as required
under provincial and federal legislation and any additional security requirements imposed as a condition
of the development permit issued by the Development Authority.
10.3.6
The design of the building(s) and the landscaping on the site shall be consistent with the characteristics
and appearance of the surrounding neighbourhood.
10.3.7
The development shall be designed to minimize any exposure or disturbance to the surrounding area
including, but not limited to, dust, pollution, noise, odour, or any other related land use nuisance effects.
10.3.8
No outdoor storage of goods, material, or supplies shall be permitted.
10.3.9
Solid waste material shall be secured in accordance with provincial and federal regulations until destroyed.
10.3.10 All activities related to the cannabis production and distribution facility shall occur within fully enclosed
stand-alone building(s), including but not limited to loading, receiving, and shipping of cannabis and any
other goods, materials, and supplies.
10.3.11 Hours of operation shall be restricted as a condition of the development permit issued by the
Development Authority.
10.3.12 Exterior lighting and noise levels shall satisfy the following requirements:
a.
the illumination of parking areas, walkways, signs, and other structures associated with cannabis
production and distribution development shall be arranged to meet the requirements under
provincial and federal regulations; and
b.
noise from facilities shall not exceed the levels allowed under the Land Use Bylaw or any other
bylaw and/or policy of the municipality and the requirements under provincial and federal
regulations.
10.3.13 The minimum lot size shall be at the discretion of the Development Authority.
10.3.14 The minimum setback from any watercourse or waterbody shall be 30.0 m (98.4 ft.).
10.3.15 Maximum lot coverage shall be at the discretion of the Development Authority.
10.3.16 The maximum height of the principal building shall be 10.0 m (32.8 ft.).
10.3.17 A building or structure used for security purposes for a cannabis production and distribution facility may
be located within the front yard and must comply with the required minimum setbacks.
10.3.18 On site buffering measures shall be required for all cannabis production and distribution facilities. Buffers
may include a combination of setbacks, landscaping and fencing to mitigate the impacts on adjacent lots.
10.3.19 Parking and loading requirements for a cannabis production and distribution facility shall be provided at
the discretion of the Development Authority and any applicable requirements in provincial and federal
regulations, as amended or replaced.
10.4
CANNABIS RETAIL SALES
10.4.1
No cannabis retail sales establishment may be allowed unless all applicable licensing and approvals have
been provided for by the provincial and federal governments.
10.4.2
Cannabis retail sales establishments shall comply with all Land Use Bylaw and policy requirements as well
as all applicable Federal and Provincial regulations including the Cannabis Act and the Gaming Liquor and
Cannabis Act.
10.4.3
Any cannabis retail sales development must comply with the following requirements, in addition to any
other municipal or provincial regulations or requirements:
c.
must meet all applicable requirements of the identified district which allows for the use;
d.
only facilities licensed by the provincial or federal governments will be permitted; and
e.
a copy of the license(s) for the cannabis retail sales establishment, as issued by the provincial
government, shall be provided to the Development Authority, or made a condition of the
Development Permit issued by the Development Authority.
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10.4.4
Cannabis retail sales establishments must include suitable landscaping and parking requirements, as
determined by the Development Authority. Parking shall comply with the regulations of this Bylaw and
meet all servicing standards of the municipality.
10.4.5
The design of the buildings and the landscaping on the site shall be consistent with the characteristics and
appearance of the surrounding neighbourhood.
10.4.6
Cannabis retail sales establishments shall meet security and premises requirements as required under
provincial and federal legislation.
10.4.7
No outdoor storage of goods, materials, or supplies shall be permitted.
10.4.8
Solid waste material shall be secured in accordance with provincial and federal regulations until destroyed.
10.4.9
Hours of operation shall be restricted as a condition of the development permit issued by the
Development Authority.
10.4.10 Exterior lighting and noise levels shall satisfy the following requirements:
10.4.11 the illumination of parking areas, walkways, signs, and other structures associated with cannabis retail sale
development shall be arranged to meet the requirements under provincial and federal regulations.
10.4.12 Cannabis retail sales establishments as defined in this Bylaw shall be setback from locating near the
following sensitive uses within 100.0 m (328.1 ft) of a public education facility, a provincial health care
facility, a school reserve, or a municipal and school reserve.
10.4.13 A public education facility, provincial health care facility, school reserve or municipal and school reserve
constructed or created after the approval of a cannabis retail sales establishment shall not retroactively
impact the cannabis retail sales establishment.
10.4.14 The separation distance between the cannabis retail sales establishment and the uses listed in 10.3.13
shall be determined by measuring a straight line from the outer wall of the proposed cannabis retail sales
establishment to the closest point on the parcel containing the sensitive use.
10.4.15 A site, building or structure established, operated, or maintained as a cannabis retail sales establishment
shall comply with the provisions made for in any applicable municipal, provincial, and federal regulations
as per this Bylaw.
10.4.16 Applications for subdivision of land for this use shall include the information required by the Development
Authority.
10.5
DRIVE-IN BUSINESSES
10.5.1
The minimum lot area for a drive-in business shall be 557.4 m2 (6,000 ft.2).
10.5.2
Queuing space shall be provided on the same site as the development as follows:
a. For drive-in food services and other developments having a service window, a minimum of six (6)
inbound queuing spaces shall be provided for vehicles approaching the service window. One (1)
outbound queuing space shall be provided on the exit side of the service window;
b. For drive-through vehicle services, a minimum of five (5) inbound queuing spaces shall be provided
and a minimum of two (2) outbound queuing spaces shall be provided prior to exiting into a public
roadway; and
c. Each queuing space shall be a minimum of 5.5 m (18.0 ft.) long and 3.0 m (10.0 ft.) wide. Queuing
lanes shall provide sufficient space for turning and maneuvering.
10.5.3
Service Stations and Gas Bars:
a. A canopy over a pump island may extend to within 3.0 m (10.0 ft.) of the boundary of the site. The
canopy area shall not constitute part of the site coverage for the purpose of this section.
10.5.4
Car Washes
a. All lot and building requirements pertaining to drive-in businesses shall also apply to car washes.
b. In the case of service stations or gas bars including car washes, the minimum lot area shall be 1,115
m2 (12,000 ft.2).
10.5.5
Points of access and egress shall be located to the satisfaction of the Development Authority.
10.5.6
All parts of the lot to which vehicles may have access shall be hard surfaced and drained to the satisfaction
of the Development Authority.
10.5.7
The lot and all improvements thereon shall be maintained in clean and tidy condition, free from rubbish
and debris.
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10.5.8
Receptacles for the purpose of disposing of rubbish and debris shall be provided as required by the
Development Authority.
10.6
HOME OCCUPATIONS
10.6.1
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 neighbourhood in
which it is located.
10.6.2
A major home occupation shall comply with the following regulations:
a. The major home occupation shall not, in the opinion of the Development Authority, generate
pedestrian or vehicular traffic or parking, more than that which is characteristic of the Land Use
District in which it is located.
b. The number of non-resident employees or business partners working on-site shall not exceed one
(1) at any time.
c. There shall be no outdoor business activity, or outdoor storage of material or equipment associated
with the business allowed on the site. Storage related to business activities shall be allowed in either
the dwelling or accessory buildings.
d. Articles offered for sale shall be limited to those produced within the dwelling or the accessory
building(s).
e. The major home occupation shall not be allowed if, in the opinion of the Development Authority,
such use would be more appropriately located in a Commercial or an Industrial District having
regard for the overall compatibility of the use with the residential character of the area.
10.6.3
A minor home occupation shall comply with the following regulations:
a. The minor home occupation shall not employ any person on-site other than a resident of the
dwelling. Nor shall the business be such that any clients come to the dwelling.
b. There shall be no outdoor business activity, or outdoor storage of material or equipment associated
with the business allowed on the site. Storage and the business activity itself shall only be allowed
inside the dwelling and not in an accessory building. The minor home occupation does not involve
the display of goods in the interior of the residence.
10.6.4
All home occupations shall comply with the following requirements:
a. The home occupation shall not create any nuisance by way of noise, dust, odour, or smoke, or
anything of an offensive or objectionable nature.
b. The peace, quiet, dignity and other amenities of the neighbourhood shall not be disturbed in any
manner.
c. A home occupation shall not change the principal character or external appearance of the dwelling
involved, nor use more than 20% or 31.0 m2 (334 ft.2), whichever is less, of the dwelling unit for
business usage. Except as noted in 10.5.4.f, there shall be no exterior signage, display, or
advertisement, but there may be a limited volume of on-premises sales.
d. No more than one commercial vehicle used in or for the home occupation shall be parked on the
subject site or on the adjoining road.
e. There shall be no mechanical or electrical equipment used which creates external noise, or visible or
audible interference with home electronics or computer equipment in adjacent dwellings.
f.
Notwithstanding any other provisions of this Bylaw to the contrary, a dwelling in which a home
occupation is located may have one fascia sign placed on the dwelling, providing that the sign does
not exceed 0.2 m2 (2.0 ft.2) in area.
g. In addition to a Development Permit Application, each application for a major home occupation shall
be accompanied by a description of the business to be undertaken in the dwelling, an indication of
the anticipated number of business visits per week, and details for the provision of parking along
with other pertinent details of the business operation.
h. Notwithstanding any other provision of this Bylaw to the contrary, when a development permit is
issued for a home occupation, such permit shall be terminated should the applicant vacate the
property for which the permit has been issued.
10.6.5
Home occupations shall not involve:
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a. activities that use or store hazardous material in quantities exceeding those found in a normal
household; or
b. any use that would, in the opinion of the Development Authority, materially interfere with or affect
the use, enjoyment, or value of neighbouring properties.
c. The selling of retail cannabis, tobacco and/or alcohol.
10.7
INDUSTRIAL DEVELOPMENT
10.7.1
An application for the establishment of an industrial use shall be considered by the Development Authority
after requesting advisory comment by those Provincial agencies or authorities whose interest or
jurisdiction may be affected. The Development Authority shall request that such comments be made in
writing.
10.7.2
Each application for an industrial use shall be accompanied by the following information related to the
application, in addition to the information required pursuant to Section 12(1) of this Bylaw:
a. Type of industry;
b. Size of buildings;
c. Number of employees;
d. Estimated water demand and anticipated source;
e. Type of effluent and method of treatment;
f.
Transportation routes to be used (rail and road);
g. Reason for a specific location;
h. Any accessory works required (pipeline, railway spurs, etc.); and/or
i.
any such other information as may be reasonably required by the Development Authority.
10.7.3
All lot regulations and requirements shall be based upon the type of industrial development proposed and
shall be at the discretion of the Development Authority, in accordance with the District in which the site is
located.
10.8
MANUFACTURED HOMES
10.8.1
A development permit is required prior to sitting and/or occupying a manufactured home on a residential
lot in the Village.
10.8.2
All manufactured homes must be of new construction or not more than five (5) years of age from the date
of the development application. Manufactured homes shall be in good condition to the satisfaction of the
Development Authority.
10.8.3
Notwithstanding 10.9.2, a manufactured home that is more than five (5) years of age from the date of the
development application may be considered by the Development Authority. In addition to the application
requirements, the proponent shall provide current photographs of the proposed manufactured home to
the satisfaction of the Development Authority. The Development Authority may allow for the development
of the manufactured home on the lot if, in their sole discretion, the manufactured home is of sound
construction and compliance with the Appearance and Design of Buildings provisions in Section 9.2 of this
Land Use Bylaw.
10.8.4
Before a development permit is issued for a manufactured home, the Development Authority shall
normally receive verification that the home fully complies with both the CSA Z240 MH National
Manufactured Home Standard and the Alberta Building Code (ABC) as amended or replaced. If the CSA
Z240 sticker or the Alberta Municipal Affairs sticker verifying compliance to the ABC is missing, the
Development Authority may require an inspection by an Alberta Safety Codes Officer or structural
engineer certified to conduct such inspection.
10.8.5
Should an inspection by an Alberta Safety Codes officer be required, and should the inspection indicate
that upgrades to the manufactured home are necessary to bring the home into compliance with the CSA
Z240 standard or the ABC, all required upgrades shall be made before the issuance of a development
permit.
10.8.6
All manufactured homes shall be anchored to a permanent foundation, with at least four (4) tie downs for
a single wide and eight (8) tie downs for a double wide. The foundation or basement shall not exceed 0.6
m (2.0 ft.) above finished grade.
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10.8.7
In addition to the requirements of Sections 10.8.2 and 10.8.3, a manufactured home located within a
residential district must meet the following aesthetic regulations:
a. The height of the main floor above grade shall be consistent with the height of the main floor of
dwellings in the immediate and general area.
b. The roof pitch shall be consistent with the roof pitch of dwellings in the immediate and general area.
c. Exterior finishing materials used on the roof and exterior walls shall be consistent with the materials
used on dwellings in the immediate and general area and in good condition.
d. Minimum roof overhang or eaves should be consistent with the overhang or eaves of dwellings in
the immediate or general area.
e. The design of each manufactured home shall ensure the side or end facing the street on which the
home fronts contain a prominently placed front door, and windows in quantity and size that are
consistent with dwellings in the immediate area.
f.
Every manufactured home shall be placed on a full perimeter foundation that complies with the
Alberta Building Code unless the manufactured home is designed to be supported on longitudinal
floor beams, in which case an alternate skirted foundation system as described in CSA Z240.10.1, as
amended or replaced, may be employed.
g. The undercarriage of each manufactured home shall be completely screened from view by the
foundation or skirting within thirty (30) days of the placement of the manufactured home.
10.8.8
The full perimeter foundation or the skirting material utilized on an alternative skirting foundation should
be parged in order create the same finished appearance customarily found
10.8.9
All accessory structures, such as patios, porches, additions, and skirtings, shall be:
a. factory-prefabricated units or the equivalent thereof, and so designed and erected as to harmonize
with the manufactured homes;
b. considered as part of the main building;
c. erected only after obtaining a Development Permit; and
d. be less than 25% of the gross floor area of the manufactured home in size.
10.8.10 A manufactured home shall be skirted from the floor level to the ground level. The skirting shall match the
external finish of the manufactured home.
10.8.11 The floor area of porches and additions shall be proportionate to the floor area of the manufactured home
unit and this relationship shall be determined by the Development Authority.
10.8.12 Additions to a manufactured home shall have a foundation or skirting equivalent to or better than that of
the manufactured home and shall be provided with steps and landings to all entrances within thirty (30)
days of their development.
10.8.13 For the purposes of storage, any furniture, domestic equipment, or seasonally used equipment shall be
stored in adequate covered storage or screening either individually on the lot or communally and shall
conform to the Alberta Building Codes (ABC) standards.
10.8.14 Any required aesthetic upgrades to the manufactured home must be completed before the issuance of the
development permit. The completion of foundation or skirting material must be completed with thirty (30)
days of the placement of the manufactured home on a site.
10.8.15 With the exception of driveways, no accessory building or use shall be located in the front yard of a
manufactured home park of any Residential District.
a. All utility lines shall be placed underground.
b. Notwithstanding any other provision of this Bylaw, all detached garages shall be located not less
than 2.4 m (7.9 ft.) from a manufactured home.
c. Notwithstanding any other provision of this Bylaw to the contrary, the vehicle entry doors of all
garages, whether attached to or detached from a manufactured home or any other building, shall
be located not less than 5.5 m (18.0 ft.) from a rear or flanking lot line.
d. All areas of a manufactured home lot not occupied by driveways, walkways, manufactured homes,
buildings, and other facilities shall be landscaped to the satisfaction of the Development Authority
within two (2) months (weather permitting) of the date of the placement of the manufactured home.
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e.
Adequate screening in the form of vegetation or fencing shall be provided between the
manufactured home lot and other manufactured home lots, or between the manufactured home lot
and adjacent uses where the uses are incompatible with the residential use of the manufactured
home lot. This section may be waived by the Development Authority if adjacent landowners agree in
writing not to erect any form of screening between their respective properties.
f.
Each manufactured home shall be clearly marked and defined with the property address of the lot.
Such marking shall be displayed on the side of the manufactured home facing the road.
g.
The owners of a manufactured home shall provide proper garbage containers on each lot.
h.
Notwithstanding any other provision of this Bylaw to the contrary, a development on a corner lot
shall comply with all the restrictions, limitations, and conditions relating to visibility at the
intersecting roads as may be required by the Development Authority.
i.
The manufactured home must be covered with an exterior material customarily used in
conventional dwellings. The exterior covering material must extend to the ground, except that when
a solid concrete or masonry perimeter foundation is used, the exterior covering material need not
extend below the top of the foundation.
j.
In addition to the requirements indicated in Section 5.4 of this Bylaw, each application for a
development permit for a manufactured home shall be accompanied by:
i.
a landscaping and site development plan, and
ii.
photographs of each side of the proposed manufactured home.
10.9
MIXED-USE DEVELOPMENTS
10.9.1
The commercial portion of the mixed-use building shall primarily be located on the ground floor.
10.9.2
Dwelling Unit(s) within a mixed-use Building shall not occupy the primary frontage of a site on the ground
floor; these spaces shall be reserved for commercial use(s).
10.9.3
Dwelling unit(s) within a mixed-use building may have shared or separate entrance facilities; however,
primary access to any dwelling unit shall not be through the commercial space.
10.10
MULTIPLE DWELLING DEVELOPMENTS
10.10.1 Before any development permit application for an apartment, duplex, triplex, fourplex, or row housing
development can be considered by the Development Authority, the applicant must provide:
a.
design plans and working drawings including elevations which have been prepared or endorsed by a
architect;
b.
site plans showing the proposed:
i.
location and position of structures on the site, including any "For Rent" or identification
signs;
ii.
location and number of parking spaces, exits, accesses, and drives from public roads;
iii.
location of an access to refuse storage areas and incinerators and the fencing and
landscaping of such facilities; and
iv.
landscaping plan of the entire site which shall show intended surfacing for drives and
parking areas.
c.
The plans identified above will append the application and once approved, shall be deemed
conditions of approval. The Development Authority may require a performance bond from the
developer if deemed necessary.
10.11
RECREATIONAL VEHICLES
10.11.1 No person shall use any vehicle for occupancy within the Village, other than within an approved
campground.
10.11.2 A maximum of (1) recreational vehicle may be stored on a lot in a residential district. The following
provisions apply:
a.
The recreational vehicle must be entirely located within the boundaries of the subject site;
56
b.
The recreational vehicle must comply with accessory building setback requirements from the side
and rear yards; and
c.
If placed in the front yard of a lot, the recreational vehicle must be located on a hard surfaced
driveway or pad.
10.11.3 No person shall keep more than one (1) recreational vehicle on a residential lot at any time.
10.11.4 No recreational vehicle shall be permanently connected to any utility or municipal service, such as power,
gas, water supply or sanitary sewage disposal facilities unless the recreational vehicle is located in an
approved campground.
10.12
SEA CANS
10.12.1 The permanent placement of a maximum of one (1) sea can or shipping container may be allowed in the
rear yard of a lot within a Residential District with an approved development permit.
10.12.2 The placement of a sea can or shipping container on a lot must conform to the setback requirements for
accessory buildings.
10.12.3 Notwithstanding 10.13.1 and 10.13.2, a development permit may be issued for the temporary placement
of one (1) sea can or shipping container in the front yard on a lot within a Residential District on a
temporary basis during the construction of the principal dwelling.
10.12.4 If a temporary development permit for a sea can or shipping container has been approved by the
Development Authority, then the sea can or shipping container may be placed on site for a period of six (6)
months. After that period has expired the developer will be required to apply to the Village for an
extension for the permit. Extensions may be issued for up to six (6) month intervals at the discretion of the
Development Authority.
10.12.5 The maximum number of sea cans or shipping containers that may be placed on a lot in an urban reserve,
commercial, or industrial land use district shall be at the discretion of the Development Authority.
10.12.6 The placement of a sea can or shipping container on any urban reserve, commercial or industrial lot
requires a development permit.
10.12.7 Sea cans or shipping containers may not be stacked. The maximum height for a sea can or shipping
container allowed on a lot is 3.0 m (10.0 ft.).
10.12.8 Sea cans or shipping containers located in a residential district may be a maximum of 6.0 m (20.0 ft.) in
length.
10.12.9 The appearance of a sea can or shipping container located in a rear yard of a residential lot, shall be
acceptable to the Development Authority and shall be in good repair and clad to conform to the character
of existing developments in the district.
10.12.10 Sea cans or shipping containers cannot be used as a dwelling or guest house suite.
10.12.11 No human or animal habitation will be permitted within a sea can or shipping container.
10.13
SERVICE STATIONS (INCLUDING GAS BARS)
10.13.1 No part of any building or accessory building, structure, or use shall be located within 6.1 m (20.0 ft.) of a
side or rear line and 12.2 m (40.0 ft.) of a front line; however, gasoline pumps may be located as little as
6.1 m (20.0 ft.) from the front line.
10.13.2 The minimum lot area shall be 743.0 m2 (7,998 ft.2). When a car wash is included, the minimum lot area
shall be 1,114 m2 (11,991 ft.2).
10.13.3 If a service station or gas bar is part of a shopping centre, the number of parking spaces shall be as
determined by the Development Authority.
10.13.4 Any lighting shall be located and arranged so that all direct rays of light are directed upon the lot only and
not on any adjoining lots.
10.13.5 The owner, tenant, operator, or person in charge of a service station or gas bar shall:
a.
not carry on any business or activity which is obnoxious or offensive, or which constitutes a nuisance
or annoyance to dwellings or businesses near the service station or gas bar by reason of dust, noise,
gases, odour, smoke, or vibration; and
b.
be responsible for seeing that:
57
i.
no motor vehicles obstruct the sidewalks or boulevards abutting or adjacent to the service
station or gas bar; and
ii.
motor vehicles enter and leave the service station or gas bar only at the entrances and exits
provided.
10.14
SUITES, GARAGE
10.14.1 A garage suite shall be restricted to a lot occupied by a single-detached dwelling.
10.14.2 A garage suite is prohibited from being constructed within duplexes, triplexes, fourplexes, row housing or
apartment developments.
10.14.3 A maximum of one (1) garage suite, garden suite, in-law suite, secondary suite, or surveillance suite may
be situated on a single lot in districts where the use is provided for as permitted or discretionary.
10.14.4 A garage suite shall remain accessory to and subordinate to the main dwelling and shall not exceed 80.0
m2 (860.0 ft.2).
10.14.5 A garage suite shall remain accessory to and subordinate to the use of the garage and the floor areas of
the garage.
10.14.6 The minimum floor area for an at-grade garage suite is 30.0 m2 (322.9 ft.2).
10.14.7 The minimum floor area for an above-grade garage suite is 30.0 m2 (322.9 ft.2).
10.14.8 Shared mechanical rooms and common areas shall be excluded from the floor area calculation of the
garage suite.
10.14.9 A garage suite includes, but is not limited to, a food preparation area, counter/cupboard space, sink,
refrigerator, stove, or provision of 220-volt wiring and toilet and bathing facilities.
10.14.10 A garage suite shall have an entrance separate from the entrance to the garage, either from a common
indoor landing or directly from the exterior of the structure.
10.14.11 Garage suites shall be a maximum height of 10.7 m (35.0 ft.).
10.14.12 A minimum of three (3) on-site parking spaces shall be required for lots with approved garage suite
development. Tandem parking may be permitted at the discretion of the Development Authority.
10.14.13 No additional approach will be permitted to provide access or egress to the suite.
10.15
SUITES, GARDEN
10.15.1 A maximum of one (1) garage suite, garden suite, in-law suite, secondary suite, or surveillance suite may
be situated on a single lot in districts where the use is provided for as permitted or discretionary.
10.15.2 A garden suite shall only be allowed on a lot occupied by a single-detached dwelling.
10.15.3 A garden suite is prohibited from being constructed within duplexes, triplexes, fourplexes, row housing or
apartment developments.
10.15.4 If a permit for a garden suite is approved by the Development Authority, no additional garage suite,
garden suite, or secondary suite shall be allowed on the same lot.
10.15.5 Notwithstanding any other provisions in this Bylaw, a garden suite shall only be permitted to be
constructed on a lot concurrently with the main use or after the main use on the lot has been built.
10.15.6 The exterior finish of a garden suite must be well maintained and consistent with the finish of the primary
building.
10.15.7 Shared mechanical rooms and common areas shall be excluded from the floor area calculation of the
garden suite.
10.15.8 A garden suite includes, but not limited to, a food preparation area, counter/cupboard space, sink,
refrigerator, stove (or provision of 220-volt wiring) and toilet with bathing facilities.
10.15.9 The minimum floor area for a garden suite shall be 30.0 m2 (322.9 ft.2).
10.15.10 A garden suite shall remain accessory to and subordinate to the principal dwelling and shall not exceed
80.0 m2 (860.0 ft.2) in floor area.
10.15.11 Garden suites shall have a maximum height of 4.3 m (14.1 ft.).
10.15.12 Prior to development permit approval the developer may be required to submit, along with an application
for a development permit, a parking plan that indicates the location and size of the onsite parking spaces.
10.15.13 One onsite parking stall shall be provided for the secondary suite, in addition to the parking requirements
for the main dwelling. Tandem parking may be permitted at the discretion of the Development Authority.
58
10.15.14 Windows contained within a garden suite shall be placed and sized such that they minimize overlook into
yards and windows of abutting properties through one or more of the following:
a.
off-setting window placement to limit direct views of abutting rear or side yard amenity areas, or
direct view into a garden suite window on an abutting site;
b.
strategic placement of windows in conjunction with landscaping or the placement of other accessory
buildings; and
c.
placing larger windows such as living room windows, to face a lane, a flanking street, or the larger of
any side yard abutting another property.
10.15.15 A garden suite shall not be subject to separation from the principal dwelling through a condominium
conversion or subdivision.
10.15.16 No additional approach will be permitted to provide access or egress to the suite.
10.16
SUITES, SECONDARY
10.16.1 A secondary suite shall be restricted to a site occupied by a single-detached dwelling or a duplex.
10.16.2 A secondary suite is prohibited from being constructed within duplexes, triplexes, fourplexes, row housing
or apartment developments.
10.16.3 A maximum of one (1) garage suite, garden suite, in-law suite, secondary suite, or surveillance suite may
be situated on a single lot in districts where the use is provided for as permitted or discretionary.
10.16.4 A secondary suite shall remain accessory to and subordinate to the main dwelling and shall not exceed
80.0 m2 (860.1 ft.2)
10.16.5 Shared mechanical rooms and common areas shall be excluded from the floor area calculation of the
secondary suite.
10.16.6 A secondary suite includes, but is not limited to, a food preparation area, counter/cupboard space, sink,
refrigerator, stove, or provision of 220-volt wiring and toilet with bathing facilities.
10.16.7 A secondary suite has an entrance separate from the entrance to the main dwelling, either from a
common indoor landing or directly from the exterior of the structure.
10.16.8 A secondary suite may include the conversion of a portion of existing space in the main dwelling, or the
addition of new floor space to an existing dwelling.
10.16.9 The minimum lot size for a secondary suite is 360.0 m2 (3875.0 ft.2).
10.16.10 The minimum lot width requirement for secondary suites is 12.2 m (40.0 ft.).
10.16.11 The minimum floor area for a secondary suite is 30.0 m2 (322.9 ft.2)
10.16.12 Prior to development permit approval the developer may be required to submit, along with an application
for a development permit, a parking plan that indicates the location and size of the onsite parking spaces.
10.16.13 One on-site parking stall shall be provided for the secondary suite, in addition to the parking requirements
for the main dwelling. Tandem parking may be permitted at the discretion of the Development Authority.
10.16.14 No additional approach will be permitted to provide access or egress to the suite.
10.17
SUITE, SURVEILLANCE
10.17.1 The issuance of a development permit for a surveillance suite, as defined in this Bylaw, shall be in
accordance with the following criteria and regulations:
10.17.2 A development permit for a surveillance suite will only be issued if the surveillance suite is clearly
compatible with and subordinate to the main use of the subject lot. Moreover, in the opinion of the
Development Authority, the placement of a surveillance suite shall be compatible with all existing, main
development/land uses on adjacent properties and shall not interfere with future main development/land
uses of adjacent properties.
10.17.3 Where a surveillance suite is allowed in accordance with this Bylaw, the Development Authority may issue
a development permit for one surveillance suite per associated development or lot.
10.17.4 Detached surveillance suites shall be sited in accordance with siting regulations specified in the land use
district within which the subject lot is located or in accordance with the following requirements, whichever
are greater:
a.
a minimum of 1.8 m (6.0 ft.) from any buildings; and
b.
a minimum of 1.8 m (6.0 ft.) from the rear and side property lines; and
59
c. no closer than the front line of the main building to the front property line.
10.17.5 The maximum floor area of any surveillance suite, as defined in this Bylaw, shall be 46.6 m2 (500.0 ft.2).
10.17.6 The quality of exterior treatment and design of any surveillance suite shall be to the satisfaction of the
Development Authority, who shall ensure that the design, character, and appearance of any surveillance
suite is compatible with the development(s)/use(s) with which the suite is associated as well as all
development(s)/use(s) on adjacent properties.
60
11.
LAND USE DISTRICTS
11.1
ESTABLISHMENT OF LAND USE DISTRICTS
11.1.1
The boundaries of the land use districts listed in subsection (1) are as delineated on the Land Use District
Map.
11.1.2
For the purpose of this Land Use Bylaw, the Village is divided into the following land use districts:
LAND USE DISTRICT
SYMBOL
MAP COLOUR
Residential
R1
Residential Manufactured Home Subdivision
RMHS
Residential Manufactured Home Park
RMHP
Central Commercial
C1
Secondary Commercial
C2
Industrial
M
Institutional
I
Community
P
Urban Reserve
UR
Direct Control
DC
11.1.3
The boundaries of the Land Use District Map shall be interpreted as follows:
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 11.1.3.a and 11.1.3.b, the location of the district boundary shall be
determined by the Development Authority by measurement of, and use of the scale shown on the
Land Use District Map.
11.1.4
Where the application of the rules outlined in section 11.1.3 does not determine the exact location of the
boundary of a land use district, the Council either:
a. on its motion; or
b. upon written application being made to it by any person requesting the determination of the exact
location of the boundary.
11.1.5
After Council has fixed a land use district boundary pursuant to the provisions of Section 11.1.4, the
boundary shall not be altered, except by an application to amend this Bylaw.
11.1.6
The Development Authority shall maintain a list of Council's decisions with respect to boundaries or
portions thereof fixed by Council.
61
12.
R1 - RESIDENTIAL
12.1
GENERAL PURPOSE
12.1.1
To support the development of a wide range of residential developments in the Village.
12.2
PERMITTED USES:
12.2.1
Childcare facilities
12.2.2
Dwellings, single detached
12.2.3
Home occupations, minor
12.2.4
Buildings and uses accessory to permitted
uses
12.3
DISCRETIONARY USES
12.3.1
Dwellings, apartment
12.3.2
Dwellings, Duplex
12.3.3
Dwellings, row housing
12.3.4
Group homes, minor and major
12.3.5
Home occupations, major
12.3.6
Parks
12.3.7
Places of worship
12.3.8
Public or quasi-public buildings and uses
12.3.9
Public utilities
12.3.10 Suites, garage
12.3.11 Suites, garden
12.3.12 Suites, in-law
12.3.13 Suites, secondary
12.3.14 Other uses which, in the opinion of the
Development Authority, are similar to the
uses identified as permitted or discretionary
in this district.
12.3.15 Buildings and uses accessory to
discretionary uses
12.4
REGULATIONS RELATED TO SINGLE DETACHED DWELLINGS
12.4.1
Minimum Lot Area
464.5 m2 (5,000 ft.2)
12.4.2
Minimum Front Yard
7.6 m (25.0 ft.)
12.4.3
Minimum Rear Yard
7.6 m (25.0 ft.)
12.4.4
Minimum Side Yard
Corner Lots: 4.6 m (15.0 ft.) abutting the road
All other Lots: the lesser of 10% of the lot width or 1.5 m (4.9 ft.)
12.4.5
Minimum Floor Area
1 storey dwelling: 28.0 m2 (300.0 ft.2)
1.5 storey dwellings: 111.5 m2 (1,200 ft.2)
2 storey dwellings: 130.0 m2 (1,400 ft.2)
12.5
REGULATIONS RELATED TO DUPLEX DWELLINGS
12.5.1
Minimum Lot Area
Up and down units: 576.0 m2 (6,200 ft.2) provided the combined floor area
does not exceed 185.8 m2 (2,000 ft.2)
Side by side unit: 668.9 m2 (7,200 ft.2), or 743.2 m2 (8,000 ft.2) if on a corner lot
12.5.2
Minimum Yards
Front and Rear: 7.6 m (25.0 ft.)
Side adjacent to another lot: The lesser of 10% of the lot width, or 1.5 m (ft.)
12.5.3
Minimum Floor Area
55.7 m2 (600.0 ft.2) per dwelling unit
12.6
REGULATIONS RELATED TO ROW HOUSE DWELLINGS
12.6.1
Maximum Density
6.5 dwelling units per ha (16 dwelling units per acre)
12.6.2
Minimum Yards
Front: 7.6 m (25.0 ft.)
Rear: 7.6 m (25.0 ft.)
Side: 3.0 m (10.0 ft.) where provided
Side, Corner Lot: 4.6 m (15.0 ft.)
12.6.3
Outdoor Living Area
Each dwelling unit shall have an outdoor living area with a minimum depth of
7.6 m (25.0 ft.) adjacent to it. A minimum of 4.6 m (15.0 ft.) of this depth must
be a privacy zone, contained by a fence at least 1.5 m (5.0ft.) in height.
62
12.7
REGULATIONS RELATED TO APARTMENT DWELLINGS
Type
Minimum Floor Area
Minimum Lot Area
12.7.1
Bachelor
32.5 m2 (350.0 ft.2.)
74.3 m2 (800.0 ft.2)
12.7.2
One Bedroom
46.5 m2 (500.0 ft.2)
97.5 m2 (1,050 ft.2)
12.7.3
Two Bedrooms
55.7 m2 (600.0 ft.2)
139.4 m2 (1,500 ft.2)
12.7.4
Three or more
Bedrooms
65.0 m2 (700.0 ft.2)
139.4 m2 (1,500 ft.2)
12.7.5
Maximum Building
Height
13.7 m (45.0 ft.), to a maximum of three stories
12.7.6
Maximum Lot
Coverage
30%
12.7.7
Maximum Floor Area
Ratio
0.6
12.7.8
Minimum Yards
Front: 9.1 m (30.0 ft.)
Rear: 9.1 m (30.0 ft.)
Side: 40% of the building height, or 15% of the lot width, whichever is greater
12.7.9
Minimum Landscaped
Area
10% of the lot area
12.8
REGULATIONS RELATED TO ALL OTHER USES
12.8.1
Site development regulations for all other developments shall be as required by the Development
Authority.
63
13.
RMHS - RESIDENTIAL MANUFACTURED HOME
SUBDIVISION
13.1
GENERAL PURPOSE
13.1.1
To allow for the development of manufactured home dwelling subdivisions, where each dwelling unit is
located on a separate registered lot.
13.2
PERMITTED USES
13.2.1
Dwellings, manufactured home
13.2.2
Home occupations, minor
13.2.3
Parks
13.2.4
Buildings and uses accessory to permitted
uses
13.3
DISCRETIONARY USES
13.3.1
Dwellings, single detached
13.3.2
Home occupations, major
13.3.3
Public and quasi-public buildings and uses
13.3.4
Public utilities
13.3.5
Other uses which, in the opinion of the
Development Authority, are similar to the
uses identified as permitted or discretionary
in this district.
13.3.6
Buildings and uses accessory to
discretionary uses
13.4
REGULATIONS
13.4.1
Maximum Building Height
Manufactured home dwellings: 4.6 m (15.0 ft.)
Accessory buildings: 4.6 m (15.0 ft.)
Other uses: As determined by the Development Authority
13.4.2
Minimum Floor Area
Manufactured home dwellings: 46.5 m2 (500.0 ft.2)
Other uses: As determined by the Development Authority
13.4.3
Maximum Lot Area
Manufactured home dwellings: 464.5 m2 (5,000 ft.)
Other uses: As required by the Development Authority
13.4.4
Maximum Lot Width
Manufactured home dwellings: 15.2 m (50.0 ft.), or as required by the
Development Authority
Other uses: As required by the Development Authority
13.4.5
Minimum Yards
Front: 4.6 m (15.0 ft.) or as required by the Development Authority
Side: 9.7 m (3.0 ft.)
Rear: 4.6 m (15.0 ft.) or as required by the Development Authority
13.4.6
Maximum Lot Coverage
Manufactured home dwellings: 23%
Accessory buildings: 12%
Other uses: as determined by the Development Authority
64
14.
RMHP - RESIDENTIAL MANUFACTURED HOME PARK
14.1
GENERAL PURPOSE
14.1.1
To allow for the development of manufactured home parks, where each where each stall is rented.
14.2
PERMITTED USES
14.2.1
Dwellings, manufactured home
14.2.2
Home occupations, minor
14.2.3
Parks
14.2.4
Buildings and uses accessory to permitted
uses
14.3
DISCRETIONARY USES:
14.3.1
Dwellings, single detached
14.3.2
Home occupations, major
14.3.3
Public and quasi-public buildings and uses
14.3.4
Public utilities
14.3.5
Other uses which, in the opinion of the
Development Authority, are similar to the
uses identified as permitted or discretionary
in this district.
14.3.6
Buildings and uses accessory to
discretionary uses
14.4
REGULATIONS
14.4.1
Maximum Building Height
Manufactured home dwellings: 4.6 m (15.0 ft.)
Accessory buildings: 4.6 m (15.0 ft.)
Other uses: As determined by the Development Authority
14.4.2
Maximum Density
8 manufactured homes per 8.1 ha. (20 acres)
14.4.3
Maximum Lot Area
Manufactured home parks: as required by the Development Authority
Other uses: as required by the Development Authority
14.4.4
Minimum Stall Area
Manufactured home dwellings: 371.6 m2 (4000.0 ft.2)
Other uses: as required by the Development Authority
14.4.5
Minimum Setback within
Stalls
Front: 3.0 m (10.0 ft.), or as required by the Development Authority
Side: 3.0 m (10.0 ft.), or as required by the Development Authority
Rear: 3.0 m (10.0 ft.), or as required by the Development Authority
14.4.6
Maximum Lot Coverage
Manufactured home dwellings: 23%
Accessory buildings: 12%
Others uses: as determined by the Development Authority
65
15.
C1 - CENTRAL COMMERCIAL
15.1
GENERAL PURPOSE
15.1.1
To support the development of commercial uses appropriate for the Village's Central Business District.
15.2
PERMITTED USES
15.2.1
Business support services
15.2.2
Commercial use, highway
15.2.3
Drycleaning depots
15.2.4
Eating and drinking establishments
15.2.5
General retail stores
15.2.6
Government services
15.2.7
Indoor eating and drinking establishments
15.2.8
Institutional uses
15.2.9
Office and financial uses
15.2.10 Personal service shops
15.2.11 Retail services
15.2.12 Buildings and uses accessory to permitted
uses
15.3
DISCRETIONARY USES
15.3.1
Alcohol retail sales
15.3.2
Amusement establishments, indoor
15.3.3
Amusement establishments, outdoor
15.3.4
Automobile, light truck and recreational
vehicle sales and service
15.3.5
Cannabis stores
15.3.6
Community recreation
15.3.7
Dwellings, single detached
15.3.8
Health care services
15.3.9
Hotels and motels
15.3.10 Parking areas
15.3.11 Private clubs
15.3.12 Drive-in businesses
15.3.13 Food and beverage production
15.3.14 Mixed use developments
15.3.15 Places of worship
15.3.16 Public and quasi-public buildings and uses
15.3.17 Public utilities
15.3.18 Recreational facilities
15.3.19 Service Stations and Gas Bars
15.3.20 Veterinary clinics
15.3.21 Other uses which, in the opinion of the
Development Authority, are similar to the
uses identified as permitted or discretionary
in this district.
15.4
COMMERCIAL USE REGULATIONS
15.4.1
Minimum Lot Area
139.3 m2 (1500 ft.2)
15.4.2
Minimum Lot Width
4.6 m (15.0 ft.)
15.4.3
Minimum Front Yard
None, except where the Development Authority may deem it necessary to
conform with existing neighbouring developments
15.4.4
Minimum Rear Yard
7.6 m (25.0 ft.), or as required by the Development Authority
15.4.5
Minimum Side Yard
None, if the subject lot is bordered on both sides by a parcel within the C1 -
Central Commercial District or the C2 - Secondary Commercial District. If
the subject lot is bordered by a Residential District on a side, the minimum
side yard on that side shall be 1.5 m (5.0 ft.).
15.4.6
Maximum Lot Coverage
80%, provided that provision has been made for on-site parking, loading,
storage, and waste disposal to the satisfaction of the Development
Authority.
15.4.7
Minimum Floor Area
As required by the Development Authority.
15.4.8
Site development regulations for a lot (or group of contiguous lots) proposed to be developed for more
than one use shall be as determined by the Development Authority.
15.5
REGULATIONS RELATED TO SINGLE DETACHED DWELLINGS
15.5.1
Site development regulations for single detached dwellings in the C1 - Central Commercial District shall be
the same as identified in the R1 - Residential District.
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16.
C2 - SECONDARY COMMERCIAL
16.1
GENERAL PURPOSE
16.1.1
To support the development of a wide range of commercial uses that serve residents, businesses, and
visitors of the Village of Chauvin and Wainwright Region.
16.2
PERMITTED USES
16.2.1
Automobile, light truck and recreational
vehicle sales and service
16.2.2
Business support services
16.2.3
Commercial use, highway
16.2.4
Drycleaning depots
16.2.5
Eating and drinking establishments
16.2.6
General retail stores
16.2.7
Government services
16.2.8
Health care services
16.2.9
Indoor eating and drinking establishments
16.2.10 Institutional uses
16.2.11 Office and financial uses
16.2.12 Retail services
16.3
DISCRETIONARY USES
16.3.1
Alcohol retail sales
16.3.2
Amusement establishments, indoor
16.3.3
Amusement establishments, outdoor
16.3.4
Campgrounds
16.3.5
Cannabis stores
16.3.6
Drive-in businesses
16.3.7
Equipment rental establishment
16.3.8
Fleet services
16.3.9
Food and beverage production
16.3.10 Greenhouse/plant nursery
16.3.11 Hotels and motels
16.3.12 Mixed use developments
16.3.13 Outdoor storage
16.3.14 Places of worship
16.3.15 Public and quasi-public buildings and uses
16.3.16 Public utilities
16.3.17 Recreational facilities
16.3.18 Sea cans
16.3.19 Service Stations and Gas Bars
16.3.20 Suites, surveillance
16.3.21 Truck and recreational vehicle sales/rental
establishment
16.3.22 Trucking and cartage establishment
16.3.23 Veterinary clinics
16.3.24 Warehousing and storage
16.3.25 Other uses which, in the opinion of the
Development Authority, are similar to the
uses identified as permitted or discretionary
in this district
16.3.26 Buildings and uses accessory to
discretionary uses
16.4
REGULATIONS
16.4.1
Minimum Lot Area
139.3 m2 (1500 ft.2)
16.4.2
Minimum Lot Width
4.6 m (15.0 ft.)
16.4.3
Minimum Front Yard
None, except where the Development Authority may deem it necessary to
conform with existing neighbouring developments
16.4.4
Minimum Rear Yard
7.6 m (25.0 ft.), or as required by the Development Authority
16.4.5
Minimum Side Yard
None, if the subject lot is bordered on both sides by a parcel within the C1 -
Central Commercial District or the C2 - Secondary Commercial District. If
the subject lot is bordered by a Residential District on a side, the minimum
side yard on that side shall be 1.5 m (5.0 ft.).
16.4.6
Maximum Lot Coverage
80%, provided that provision has been made for on-site parking, loading,
storage, and waste disposal as required by the Development Authority.
16.4.7
Minimum Floor Area
As required by the Development Authority
16.4.8
No use is to be established that is or may become obnoxious by way of noise, odour, dust, or fumes, in the
opinion of the Development Authority.
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17.
M - INDUSTRIAL
17.1
GENERAL PURPOSE
17.1.1
To provide for the development of light industrial and commercial uses, with opportunities for the
development of medium industrial uses in locations at the discretion of the Development Authority.
17.2
PERMITTED USES
17.2.1
Automobile, light truck and recreational
vehicle sales and service
17.2.2
Business support services
17.2.3
Commercial use, highway
17.2.4
Drive-in businesses
17.2.5
Drycleaning depots
17.2.6
Equipment rental establishment
17.2.7
Fleet services
17.2.8
Food and beverage production
17.2.9
General retail stores
17.2.10 Government services
17.2.11 Greenhouse/plant nursery
17.2.12 Industrial uses, light
17.2.13 Indoor eating and drinking establishments
17.2.14 Institutional uses
17.2.15 Office and financial uses
17.2.16 Retail services
17.2.17 Sea cans
17.2.18 Truck and recreational vehicle sales/rental
establishment
17.2.19 Trucking and cartage establishment
17.2.20 Buildings and uses accessory to permitted
uses
17.3
DISCRETIONARY USES
17.3.1
Cannabis distribution and production
17.3.2
Eating and drinking establishments
17.3.3
Industrial uses, medium
17.3.4
Oilfield support services
17.3.5
Outdoor storage
17.3.6
Places of worship
17.3.7
Public and quasi-public buildings and uses
17.3.8
Public utilities
17.3.9
Recreational facilities
17.3.10 Service Stations and Gas Bars
17.3.11 Suite, surveillance
17.3.12 Other uses which, in the opinion of the
Development Authority, are similar to the
uses identified as permitted or discretionary
in this district.
17.3.13 Buildings and uses accessory to
discretionary uses
17.4
REGULATIONS
17.4.1
Minimum Lot Area
As required by the Development Authority
17.4.2
Minimum Front Yard
9.1 m (30.0 ft.)
17.4.3
Minimum Rear Yard
9.1 m (30.0 ft.)
17.4.4
Minimum Side Yard
As required by the Development Authority
17.4.5
Maximum Lot Coverage
60%
17.4.6
Maximum Building Height
At the discretion of the Development Authority.
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18.
P - COMMUNITY
18.1
GENERAL PURPOSE
18.1.1
To provide for a wide range indoor and outdoor community, cultural, and recreation activities.
18.2
PERMITTED USES
18.2.1
Community recreation
18.2.2
Parks
18.2.3
Public or quasi-public buildings and uses
18.2.4
Public utilities
18.2.5
Recreational facilities
18.2.6
Buildings and uses accessory to permitted
uses
18.3
DISCRETIONARY USES
18.3.1
Cemeteries
18.3.2
Other uses which, in the opinion of the
Development Authority, are similar to the
uses identified as permitted or discretionary
in this district.
18.3.3
Buildings and uses accessory to
discretionary uses
18.4
REGULATIONS
18.4.1
Site development regulations for all uses shall be as required by the Development Authority.
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19.
I - INSTITUTIONAL
19.1
GENERAL PURPOSE
19.1.1
To permit the development of public and private buildings and uses of either a public or private nature
which that provide institutional services to the community.
19.2
PERMITTED USES
19.2.1
Community recreation
19.2.2
Health services
19.2.3
Institutional uses
19.2.4
Libraries and cultural exhibits
19.2.5
Places of worship
19.2.6
Schools
19.2.7
Senior citizens housing
19.2.8
Buildings and uses accessory to permitted
uses
19.3
DISCRETIONARY USES
19.3.1
Cemeteries
19.3.2
Childcare facilities
19.3.3
Private clubs
19.3.4
Public or quasi-public buildings and uses
19.3.5
Public utilities
19.3.6
Recreational facilities
19.3.7
Other uses which, in the opinion of the
Development Authority, are similar to the
uses identified as permitted or discretionary
in this district.
19.3.8
Buildings and uses accessory to
discretionary uses
19.4
REGULATIONS
19.4.1
Site development regulations for all uses shall be as required by the Development Authority.
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20. UR - URBAN RESERVE
20.1
GENERAL PURPOSE
20.1.1
To reserve those lands on the periphery of the municipality which, by their relationship to existing land
uses, the main road system, and the established utility systems, will in time become suitable for general
urban uses.
20.2
PERMITTED USES
20.2.1
Agriculture, extensive
20.2.2
Single Detached Dwellings (on existing
parcels only)
20.2.3
Buildings and uses accessory to permitted
uses
20.3
DISCRETIONARY USES
20.3.1
Public or quasi-public buildings and uses
20.3.2
Public utilities
20.3.3
Other uses which, in the opinion of the
Development Authority, are similar to the
uses identified as permitted or discretionary
in this district.
20.3.4
Buildings and uses accessory to
discretionary uses
20.4
REGULATIONS
20.4.1
No subdivision or development other than for the above uses shall take place until an overall plan for the
area has been resolved. This plan should establish a plan showing the subdivision design, the proposed
land use classification, public reserve dedications and utilities policies.
20.4.2
The Development Authority may allow for a temporary use or building which in their opinion will not
prejudice the possibility of conveniently and economically subdividing or developing the area in the future.
20.4.3
Site development regulations for all uses shall be as required by the Development Authority.
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21. DC - DIRECT CONTROL
21.1
GENERAL PURPOSE
21.1.1
To allow for the development of land uses under individually unique or extraordinary circumstances
requiring site-specific controls where the application of conventional land use districts would be
inappropriate or inadequate.
21.2
USES
21.2.1
Light manufacturing and fabrication which have no offsite impacts
21.2.2
Oilfield support operations
21.2.3
Offices
21.2.4
Storage and/or sales of:
a. Automobiles, light trucks, and recreational vehicles
b. Building supplies
c. Bulk oil
d. Farm machinery
e. Lumber
21.2.5
Work camps
21.2.6
Accessory buildings and uses
21.3
REGULATIONS
21.3.1
Minimum lot area: 139.4 m2 (1,500 ft.2)
21.3.2
Minimum lot width: as required by the Development Authority
21.3.3
Minimum yards
21.3.4
Front: 9.1m (30.0 ft.)
21.3.5
Side: as required by the Development Authority, but not less than 4.0m (13.0 ft.)
21.3.6
Rear: 9.1m (30.0 ft.)
21.3.7
Maximum site coverage: 60%
21.3.8
Maximum Height: 10.7 m (35.0 ft.)
21.4
WORK CAMP DWELLING UNITS
21.4.1
The number of dwelling units in the Work Camp may not be increased, and shall be limited to five (units),
plus the area required for cooking facilities, bathrooms, and recreational amenity areas.
21.5
SPECIAL CONSIDERATIONS
21.5.1
No use is to be established that is or may become obnoxious by way of noise, odour, dust, or fumes.
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22. LAND USE DISTRICT MAP