Clear Hills County, Alberta
· No. 278-23
· adopted 2023-12-12
· summary & facts
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50
Contents
Guide to using the Clear Hills County Land Use Bylaw ........................................................................................ 1
SECTION 1: ADMINISTRATION ............................................................................................................................ 3
1.1
General ......................................................................................................................................................... 3
1.2
Purpose ........................................................................................................................................................ 3
1.3
Application ................................................................................................................................................... 3
1.4
Conformity ................................................................................................................................................... 3
1.5
Interpretation ............................................................................................................................................... 4
1.6
Forms and Notices ....................................................................................................................................... 5
1.7
Transition ..................................................................................................................................................... 5
1.8
Definitions .................................................................................................................................................... 6
SECTION 2:
SUBDIVISION AND DEVELOPMENT AUTHORITY ...................................................................... 47
2.1
Development Officer .................................................................................................................................. 47
2.2
Duties and Responsibilities of the Development Officer ........................................................................... 47
2.3
Municipal Planning Commission ................................................................................................................ 48
2.4
Variance Powers ......................................................................................................................................... 49
2.5
Planning Authority ..................................................................................................................................... 50
SECTION 3:
DEVELOPMENT PERMIT .......................................................................................................... 52
3.1
Control of Development............................................................................................................................. 52
3.2
Development Not Requiring a Development Permit ................................................................................. 52
3.3
Development Permit Application Requirements ....................................................................................... 53
3.4
Environmental Audits and Assessment ...................................................................................................... 54
3.5
Development Permit Application Completeness ....................................................................................... 55
3.6
Development Permit Referrals ................................................................................................................... 56
3.7
Temporary Use Applications ...................................................................................................................... 56
3.8
Development Permit Decision Timelines ................................................................................................... 57
3.9
Development Permit Notification .............................................................................................................. 57
3.10
Development Permit Conditions ........................................................................................................... 58
3.11
Re-application for Development Permit ................................................................................................ 59
SECTION 4:
SUBDIVISION AND DEVELOPMENT APPEALS ........................................................................... 61
4.1
Establishment of the Subdivision and Development Appeal Board ........................................................... 61
4.2
Appeal Procedure ....................................................................................................................................... 61
SECTION 5:
ENFORCEMENT ....................................................................................................................... 64
5.1
Contravention ............................................................................................................................................ 64
5.2
Enforcement ............................................................................................................................................... 64
SECTION 6:
BYLAW AMENDMENT ............................................................................................................. 67
6.1
Amendment Application ............................................................................................................................ 67
6.2
Amendment Process .................................................................................................................................. 68
6.3
Re-application for Amendments ................................................................................................................ 68
SECTION 7:
GENERAL LAND USE PROVISIONS ........................................................................................... 70
7.1
Area Aquifer ............................................................................................................................................... 70
7.2
Corner Sites in Hamlets .............................................................................................................................. 70
7.3
Design, Character, and Appearance of Buildings ....................................................................................... 70
7.4
Development near Provincial Highways .................................................................................................... 71
7.5
Dwellings Per Parcel ................................................................................................................................... 71
7.6
Illumination ................................................................................................................................................ 71
7.7
Keeping of Animals ..................................................................................................................................... 72
7.8
Landscaping and Screening ........................................................................................................................ 72
7.9
Lands Susceptible to Flooding, Slumping or Soil Erosion ........................................................................... 72
7.10
Minimum Servicing Requirements......................................................................................................... 73
7.11
Municipal Road Setbacks ....................................................................................................................... 74
7.12
Non-Conforming Buildings and Uses ..................................................................................................... 74
7.13
Objects Prohibited or Restricted in Yards .............................................................................................. 75
7.14
Projections over Yards ........................................................................................................................... 75
7.15
Relocated Buildings ................................................................................................................................ 75
7.16
Water Course and Waterbody ............................................................................................................... 76
7.17
Water Reservoir Setbacks ...................................................................................................................... 77
SECTION 8:
SPECIAL LAND USE PROVISIONS ............................................................................................. 83
8.1
Accessory Buildings .................................................................................................................................... 83
8.2
Communication Towers and Communication Structures .......................................................................... 83
8.3
Confined Feeding Operations .................................................................................................................... 84
8.4
Dwelling, Manufactured Home .................................................................................................................. 86
8.5
Home Occupations ..................................................................................................................................... 87
8.6
Multi-Parcel Country Residential Subdivision ............................................................................................ 87
8.7
Natural Resource Extraction and Gravel Pits ............................................................................................. 87
8.8
Recreational Vehicle Parks ......................................................................................................................... 88
8.9
Signs ........................................................................................................................................................... 89
8.10
Waste Transfer Station .......................................................................................................................... 91
8.11
Work Camps ........................................................................................................................................... 91
SECTION 9:
LAND USE DISTRICTS ............................................................................................................ 93
9.1
Establishment and Classification of Land Use Districts .............................................................................. 93
9.2
Crown Land Management District (CLM) ................................................................................................. 100
9.3
Agricultural District - 1 (AG-1) ................................................................................................................. 102
9.4
Agricultural District - 2 (AG-2) ................................................................................................................. 105
9.5
Country Residential District - 1 (CR-1) ...................................................................................................... 107
9.6
Country Residential District - 2 (CR-2) ...................................................................................................... 109
9.7
Highway Development District (HD) ........................................................................................................ 111
9.8
Rural Industrial District (RI) ...................................................................................................................... 113
9.9
Rural Recreational District (R-REC)........................................................................................................... 115
9.10
Hamlet General District (HG) ............................................................................................................... 116
9.11
Hamlet Estate Residential District (HER) ............................................................................................. 118
9.12
Hamlet Residential District (HR) .......................................................................................................... 120
9.13
Hamlet Commercial District (HC) ......................................................................................................... 124
9.14
Hamlet Industrial District (HI) .............................................................................................................. 126
9.15
Hamlet Public District (HP)................................................................................................................... 128
Schedules .................................................................................................................................................................. 129
Schedule A: Land Use Bylaw Districts - South part of Clear Hills County ........................................................ 130
Schedule B: Hamlet of Cleardale .................................................................................................................... 131
Schedule C: Hamlet of Worsley ...................................................................................................................... 132
Schedule D: Municipal Historic Resource (All Saints Anglican Church) ........................................................... 133
Schedule E: Zoning District Detail Maps ......................................................................................................... 134
Schedule F: Land Use Bylaw Amendments ..................................................................................................... 135
Appendices ................................................................................................................................................................ 136
Appendix A: Sample Forms and Notices ......................................................................................................... 137
Clear Hills County
Land Use Bylaw No. 278-23
1
NOTE: THIS PAGE IS INTENDED ONLY TO ASSIST USERS AND DOES NOT FORM PART OF THIS BYLAW.
Guide to using the Clear Hills County Land Use Bylaw
The Land Use Bylaw establishes the regulations on how land can be developed in Clear Hills County. Regulations
vary depending on the location and type of development. Other Bylaws or regulations of the County, Province, or
Federal government also have to be followed.
There are several parts of the Land Use Bylaw that need to be examined to understand how it works. Firstly, the
Land Use Bylaw maps divide the County into various land use districts. Secondly, the text of the Land Use Bylaw
details which uses are appropriate in each land use district. Thirdly, the text provides additional regulations that
apply to specific uses. The following steps may assist the user:
1)
Locate the subject property on the land use district maps. Each land use district has a designation such as "AG-
1" for AGRICULTURAL DISTRICT - 1 or "CR-1" for COUNTRY RESIDENTIAL DISTRICT - 1. Take note of which land
use district the subject property is located in. The subject property may be affected by an Area Structure Plan
(ASP) if it is located within the hamlets of Worsley and Cleardale, which may modify some of the uses and
regulations of the Land Use Bylaw or impose additional regulations.
2)
Next, check the table of contents and locate the land use district that you are working with, in Section 9. In
each land use district, you will find a list of permitted and discretionary uses, and various regulations. This
determines how and what can be developed in any given land use district. There are definitions in Section 1
that may help with unfamiliar terminology.
3)
Review the table of contents to see if there might be any general or special land use provisions that apply to
the situation or use in question. For example, Section 5 describes the enforcement procedure. Section 7
contains General Land Use Provisions, including "dwellings per parcel," "landscaping and screening," and
"developments near Provincial Highways." Section 8 contains Special Land Use Provisions, including "accessory
buildings," "manufactured homes," and "home occupations."
4)
Discuss your proposal/concern with the Planning and Development staff. Clear Hills County staff is more than
willing to assist you with development, subdivision, or general inquiries and explain procedures. They can also
assist with other situations, such as enforcement or Land Use Bylaw amendments.
Clear Hills County
Land Use Bylaw No. 278-23
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SECTION 1:
ADMINISTRATION
Clear Hills County
Land Use Bylaw No. 278-23
3
SECTION 1: ADMINISTRATION
1.1
General
Clear Hills County is predominantly an oil and gas-based community with vast forestry. The
County actively supports the growth and development of these sectors, while continually
working on preserving lands that have high agricultural production and protecting lands that
are environmentally sensitive. Therefore, in addition to promoting and supporting the oil,
gas, and forestry industries, the County recognizes that lands capable of agricultural
production should be used for farming, as expressed in the County's Municipal Development
Plan.
The normal sights, sounds, and smells of agricultural operations are part of the County's rural
character. In accordance with the principle that agriculture, and activities associated with
agriculture in all its forms, have priority in rural areas. No legitimate activity related to the
production of food should be curtailed solely because of objections of nearby landowners.
1.2
Purpose
The purpose of this Bylaw is to regulate and control the use and development of land and
buildings within Clear Hills County to achieve orderly, planned, and beneficial development
of land in accordance with the aspirations of the County's Municipal Development Plan. In
order to achieve this, the Clear Hills County Land Use Bylaw:
(1)
identifies the development and subdivision authorities, and defines the roles and
responsibilities of these authorities;
(2)
defines the appropriate uses of land and buildings allowed within the County, and
includes general and special provisions related to these uses;
(3)
classifies the County into land use districts, with each land use district enabling uses
that are permitted or discretionary;
(4)
outlines the steps/procedure in the development permit and Land Use Bylaw
amendment approval process, including the notification of those affected by a
proposed development or amendment, referral to relevant agencies and
departments, and appeal of development authority decisions; and
(5)
establishes procedures for enforcing the provisions of the Bylaw.
1.3
Application
This Land Use Bylaw shall be applied to all uses / developments within the corporate
boundaries of Clear Hills County, unless exempted by the Municipal Government Act, or any
other provincial statute.
1.4
Conformity
(1)
No person shall commence any development unless it is in accordance with the
terms and conditions of this Bylaw.
Clear Hills County
Land Use Bylaw No. 278-23
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(2)
Other Approvals & Licenses
In addition to meeting the requirements of this Bylaw, it is the applicant or
developer's responsibility to obtain other such approvals or licenses as may be
required by Clear Hills County or other Provincial and/or Federal government
departments or organizations.
(3)
In instances where there is a discrepancy between this Bylaw and the Municipal
Government Act (MGA), the MGA prevails.
1.5
Interpretation
Compliance with the policies and regulations in this Bylaw shall be interpreted and applied
as follows:
(1)
The meaning of all terms and expressions used in this Bylaw shall be interpreted in
accordance with:
(a)
the Province of Alberta Municipal Government Act, R.S.A. 2000, c.M-26 and
any other applicable Statutes of Alberta, to which this Bylaw refers;
(b)
the definitions provided for in section 1.8;
(c)
their usual and customary meaning, where such words are not defined in
this Bylaw or the MGA or other applicable Statutes of Alberta.
(2)
Words used in the singular include the plural and vice-versa. In the case of any
conflict between the text of this Bylaw and any maps or drawings used to illustrate
any aspect of this Bylaw, the text shall govern.
(3)
In accordance with Alberta Land Titles practice, all areas and distances in this Bylaw
are in metric measure. Imperial equivalents are given as a convenience but may not
be exact. In case of conflict, the metric measure shall govern.
(4)
Where this Bylaw allows an exercise of discretion or judgment, the discretion or
judgment is that of the Development Authority, or in the case of an appeal, the
judgment of the Appeal Body.
(5)
This Bylaw uses the operative terms of "shall/will/must," "should," and "may." The
interpretation of these operative terms is set out below:
(a)
Shall/will/must means compliance or adherence to a course of action or
perspective;
(b)
Should means compliance is desired or recommended, but may be
impractical or premature due to valid planning principles or
unique/extenuating circumstances;
(c)
May means discretionary compliance or a choice in applying a policy.
Clear Hills County
Land Use Bylaw No. 278-23
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(6)
When a regulation involves two or more conditions or provisions connected by a
conjunction, the following interpretation shall apply:
(a)
"And" means all the connected items shall apply in combination;
(b)
"Or" indicates that the connected items may apply singularly;
(c)
"And/Or" means the items may apply singularly or in combination.
(7)
The following acronyms used in this Bylaw refer to the following:
A.R.
Alberta Regulation
AEPA
Albert Environment and Protected Areas
AER
Alberta Energy Regulator
AOPA
Agricultural Operation Practices Act
AEUB
Alberta Energy and Utility Board
ASP
Area Structure Plan
ATEC
Alberta Transportation and Economic Corridors
AUC
Alberta Utilities Committee
c.M-26
Chapter M-26
CAN/CSA
Standards Council of Canada
CSA
Canadian Standards Association
CFO
Confined Feeding Operation
DO
Development Officer
GOV
Government of Alberta
ERCB
Energy Resources Conservation Board
IDP
Intermunicipal Development Plan
LUB
Land Use Bylaw
MDP
Municipal Development Plan
MGA
Municipal Government Act
MPC
Municipal Planning Commission
NRCB
Natural Resources Conservation Board
PA
Planning Authority
R.S.A.
Revised Statutes of Alberta
SDAB
Subdivision and Development Appeal Board
1.6
Forms and Notices
For the purpose of administering the provisions of this Bylaw, the Development Authority
shall prepare forms and notices as may be deemed necessary.
1.7
Transition
An application for subdivision, development permit, or amendment to the Land Use Bylaw
submitted prior to coming into force of this Bylaw shall be evaluated under the provisions of
the County's Land Use Bylaw No. 189-16, as amended.
Clear Hills County
Land Use Bylaw No. 278-23
6
1.8
Definitions
"ABATTOIR" means a facility used for the slaughtering of animals and the processing of meat
products.
"ACCESSORY BUILDING OR STRUCTURE OR USE" means a building, structure, or use which
is separate from, subordinate to, exclusively devoted to, and located on the same site as the
principal use of the land or building. Accessory buildings include, but are not limited to, a
detached garage, a detached deck, a gazebo, a private greenhouse, a deck, a boathouse, an
above ground swimming pool, an in-ground swimming pool, and a satellite dish greater than
1.2 m (3.94 ft) in circumference; but does not include a farm building or dwelling unit.
Accessory buildings or structures shall not be used for overnight habitation, except for a
farm help accommodation located in an agricultural zone or accessory dwellings as defined
in this Bylaw. For the purposes of this Bylaw, an accessory building shall not be used as a
dwelling unit, except as noted.
"ADJACENT LAND" means land or a portion of land that shares a common boundary with a
parcel of land that is subject to a development permit application and/or subdivision
application and includes land that would be adjacent if not for a public roadway, railway,
utility right of way, water body/course, or reserve land. See Figure 4 (Adjacent Land) for the
explanation note.
-
Outside the hamlets, adjacent landowners requiring notification under this bylaw
will be administered as a full quarter section. Subdivisions within a quarter section
will use the quarter section boundaries as the boundaries for adjacent landowner
notification. The eight quarter sections and any subdivisions within the eight
quarter sections around the development area will be considered adjacent
landowners under this bylaw.
Clear Hills County
Land Use Bylaw No. 278-23
7
"AGRICULTURAL INDUSTRY" means any industrial use directly related to agriculture,
involving the production, storage, or sale of farm related products, and generally includes:
(1)
Agricultural machinery sales and service;
(2)
Agricultural supplies;
(3)
Auction mart;
(4)
Bulk fuel sales or storage;
(5)
Grain elevator;
(6)
Hay or grain dryer plant;
(7)
Livestock holding station;
(8)
Pellet plant;
(9)
Seed cleaning plant; or
(10)
Other agricultural industry developments.
"AGRICULTURAL USE, INTENSIVE" means a commercial agricultural operation, other than
Confined Feeding Operations that, due to the nature of the operation, require smaller tracts
of land. Without restricting the generality of the foregoing, this Use Class includes nurseries,
greenhouses, market gardens, kennels, sod farms, bee keeping, and tree farms.
"AMENITY" means an area within a site which has been designed to be used for passive or
active recreation, and may include features such as patios, balconies, landscaping,
recreation facilities, and communal gathering spaces.
"APPEAL BODY" means the Subdivision and Development Appeal Board (SDAB) or the Land
and Property Rights Tribunal, as the case may be.
"AQUIFER" means a layer of rock, sand, or earth that contains water or allows water to pass
through it.
"AUTO BODY AND SERVICE STATION" means a use where the primary activities include the
repairing and maintaining of motor vehicles, such as a truck stop and auto body repair shop;
and the retail dispensing or sale of vehicular fuels. The development may include, as an
accessory use, the sale and installation of lubricants, tires, batteries, and other similar
accessories. It may also include an enclosed restaurant facility or convenience store facility
as a secondary use. Where the primary use is the sale of vehicular fuels, the development
shall be treated as a Service Station, as defined in this Bylaw.
Clear Hills County
Land Use Bylaw No. 278-23
8
"AUTOMOBILE SALES" means the premises used for the display and sale of new or used
automobiles and light duty trucks less than 5000 kilograms G.V.W. (11,023 lbs.). This Use
Class does not include recreation vehicles, boats, trailers, campers, and similar vehicles.
"BALCONY" means a platform attached to, and projecting from, the face or back of a
building, with or without a supporting structure above the first story; normally surrounded
by a balustrade or railing, and used as an outdoor porch or sundeck, with access only from
within the building.
"BASEMENT" means the portion of a building or structure which is partially or wholly below
lot grade and having a floor below lot grade by a distance greater than one-half the distance
from floor to ceiling.
"BETTER AGRICULTURAL LAND" means lands that fall within classes 1, 2, 3, and 4, according
to the Canadian Land Inventory (CLI) rating, or lands falling within classes 1, 2, 3, and 4,
according to the Land Suitability Rating System (LSRS).
"BOULEVARD" means the part of a road right-of-way that is between the travelled roadway
and the lot frontage along the road right-of-way. Clear Hills County owns the boulevard
land. See Figure 5 (Boulevard) for the explanation note.
"BUFFER" means an area where development is restricted to a row of trees, shrubs, fencing,
berming, or other similar means to provide visual screening and separation between sites,
roadways, or districts. See Figure 12 (Buffer) and Figure 21 (Fencing) for the explanation
notes.
"BUILDING HEIGHT" means the vertical distance between grade and the highest point of a
building. See Figure 13 (Building Height) for the explanation note.
"BUILDING OR SITE STORAGE FACILITY" means a building or site that is used to store goods,
products, or equipment, and is usually associated with a commercial and/or industrial
operation.
"BULK FUEL SALES OR STORAGE" means a facility and/or grounds, other than a service
station, used for the bulk storage and sale of oil and fuel products.
"BUS DEPOT" means a building and associated facilities used by bus operators for the
loading and unloading of persons and goods and may be used to store buses and related
equipment.
"BUSINESS" means the use of land or buildings for business activities of a commercial
nature, other than specifically defined in this Bylaw.
Clear Hills County
Land Use Bylaw No. 278-23
9
"BYLAW" means the Clear Hills County Land Use Bylaw No. 278-23.
"CABIN" means a building intended for short term occupancy. A cabin normally does not
include a full kitchen or bathroom facilities and is not connected to services (sanitary, water,
electrical).
"CAMPGROUND" means any parcel of land on which holiday trailers, tents, or recreational
vehicles are parked for camping purposes on a temporary basis for a stipulated time period.
"CANNABIS" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil, and
cannabis plant seeds and any other substance defined as cannabis in the Cannabis Act
(Canada) and its regulations, as amended from time to time.
"CAR OR TRUCK WASH" means the provision of facilities, including a central water supply,
for washing vehicles.
"CEMETERY" means a parcel of land that is used as a burial ground and is licensed by the
appropriate provincial government department.
"COLD STORAGE FACILITY" means the use of buildings or structures for the cold storage of
goods, products, or other items.
"COMMERCIAL SERVICE CENTRE" means a multi-unit commercial development that may
contain commercial uses or services, such as but not limited to, general retail establishment;
specialty stores; professional, financial, office and business support services; and meets the
general purpose of the respective district.
"COMMUNICATION TOWER" means a structure that is used to convey broadband signals
for radio, cell phones, internet, and television; and may include other structures necessary
for the carrying out of this function.
"COMMUNITY HALL OR CLUBHOUSE" means a building that is used as a community meeting
or activity space.
"CONFINED FEEDING OPERATION (CFO)" means a Confined Feeding Operation, as defined
and regulated under the provisions of the Agricultural Operation Practices Act (AOPA).
"CORNER LOT" means a lot having a frontage on two or more roads at their intersection,
excluding lots only abutting alleys or lanes.
"COUNCIL" means the Council of Clear Hills County.
Clear Hills County
Land Use Bylaw No. 278-23
10
"COUNTRY RESIDENTIAL PARCEL" means the rural subdivision of an undeveloped parcel
from a quarter section for residential purposes.
"COUNTY" means Clear Hills County and, where required by the context, shall include all
lands within the corporate boundaries of Clear Hills County.
"CROWN LAND" means land belonging to the Province of Alberta and includes the beds and
shores of all permanent and naturally occurring water body / course.
"DECK" means an accessory recreational platform, either attached or not attached to the
principal building. A deck can be at ground level or elevated and may be an open or closed
design construction. See Figure 11 (Deck Perspective) for the explanation note.
"DENSITY" means a quantitative measure of the number of dwellings or parcels per unit of
area.
"DEVELOPER" means a person having an interest in and applying for a permit for the
development of land.
"DEVELOPMENT" means:
(1)
an excavation or stockpile and the creation of either of them;
(2)
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;
(3)
a change of the use of land or a building, or an act done in relation to land or a
building that results in, or is likely to result in, a change in the use of the land or
building; or
(4)
a change in the intensity of the use of land or a building, or an act done in relation
to land or a building that results in, or is likely to result in, a change in the intensity
of use of the land or building.
as defined in the Municipal Government Act, as amended.
"DEVELOPMENT AUTHORITY" means one of the following:
(1)
the Development Officer (DO); or
(2)
the Municipal Planning Commission (MPC)
as established in the Clear Hills County's Development Authority Bylaw, as amended.
Clear Hills County
Land Use Bylaw No. 278-23
11
"DEVELOPMENT OFFICER (DO)" means a person(s) appointed as Development Officer by the
Council pursuant to Section 624 of the Municipal Government Act, and who is/are
responsible for receiving, considering, and recommending a decision on applications for
development and other duties as specified under this Land Use Bylaw.
"DEVELOPMENT PERMIT" means a document authorizing development of a specific type on
a specific parcel of land to proceed in compliance with this Bylaw.
"DISCRETIONARY USE" means the use of land or of a building provided for in this Bylaw for
which a development permit may be issued at the judgement of the development authority,
with or without conditions.
"DISTRICT" means an area of land classified on a land use district map in this Bylaw.
"DUGOUT OR WATER RESERVOIR" means an excavation of earth, rock, concrete, or other
material designed to supply water for household, landscaping, or general agricultural
purposes, but does not include a lagoon for the purpose of processing wastewater.
"DWELLING" means any building or portion of a building containing space used for human
habitation. A dwelling may contain a single or multiple dwelling units. This Use Class
includes, but is not limited to, modular homes, manufactured homes, and apartments.
"DWELLING, APARTMENT" means a residential building consisting of at least three dwelling
units with shared entrances and other essential facilities and services.
"DWELLING, CARETAKER'S" means a dwelling that is secondary or accessory to a principal
industrial, commercial, or recreational use on the same lot, and is used for the purpose of
providing living accommodation for the individual who is primarily responsible for the
maintenance and security of the principal use on that lot.
"DWELLING, DUPLEX" means a building containing two dwelling units which share a
common wall or ceiling/floor, and which has an independent entrance either directly from
outside the dwelling or through a common lobby area. See Figure 15 (Dwelling, Duplex) for
the explanation note.
"DWELLING, MANUFACTURED HOME (Previously known as Mobile Home)" means a
prefabricated transportable detached dwelling unit, which is manufactured to be relocated
from one location to another by being towed or carried and is capable of human habitation
for residential occupancy. Dwelling, manufactured homes generally have steel supporting
beams, running gear or wheels, and can be situated on site without a permanent foundation.
Dwelling, manufactured homes are required to be built to CSA A277 or CAN/CSA Z240
standards and meet the requirements of the Alberta Building Code. This Use Class does not
include dwelling, modular homes, recreational vehicles, or work camps.
Clear Hills County
Land Use Bylaw No. 278-23
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"DWELLING, MODULAR HOME" means a prefabricated dwelling, single-detached,
manufactured to be transported and assembled on site on a permanent perimeter
foundation such as a concrete basement wall or a brick wall. A dwelling, modular home has
no chassis, running gear or wheels, and is assembled on-site in-home units to form one or
more complete dwellings for residential occupancy.
Dwelling, modular homes are required to be built to the CSA A277 standard and to meet the
Alberta Building Code. For the purposes of this Bylaw, dwelling, manufactured home shall
not be considered to be a dwelling, modular home.
"DWELLING, ROW HOUSE" means a residential use where at least three dwelling units on
separate lots share a common wall between the units, with each unit having direct access to
the outside grade, but shall not mean "dwelling, apartment."
"DWELLING, SECONDARY SUITE" means a second self-contained dwelling unit that is located
within a principal dwelling unit, either above or below grade level. Further, dwelling,
secondary suite shall also constitute a proposed dwelling unit situated above a garage.
Dwelling, secondary suites shall meet the standards of the Alberta Building Code.
"DWELLING, SEMI-DETACHED" means a building containing two dwelling units attached
side-by-side. Each dwelling unit is located entirely on a separate lot. See Figure 14 (Dwelling,
Semi-Detached) for the explanation note.
"DWELLING, SINGLE-DETACHED" means a building containing only one (1) dwelling unit,
which is completely separated on all sides from any other dwelling or structure and, except
as otherwise allowed by the Bylaw, used for no other purpose.
"DWELLING, SHOUSE" means a building containing a residence that is connected to a shop
or storage space by a common or connect roofing system. A Shouse is typically built through
pole framing or post-frame construction, and features roll-formed, steel-sheet exterior, with
residential style doors and windows along the primary frontage. In addition, the residence
portion of the building must meet the definition of a dwelling unit in this Bylaw.
"DWELLING, TEACHERAGE" means a house or lodgings provided for a teacher by a school.
"DWELLING, TRI-PLEX" means a building containing three dwelling units one above the
other, each of which has an independent entrance either directly from outside the dwelling
or through a common lobby area. See Figure 16 (Dwelling, Triplex) for the explanation note.
"DWELLING UNIT" means a self-contained living quarters (including ATCO Trailers),
containing sleeping, cooking, and toilet facilities, with an independent entrance either
directly from outside a building or through a common hallway inside a building.
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"EASEMENT" means a right to use land, generally for access to another property, or as a
right-of-way for a public utility.
"ELECTRICAL FACILITES" means building and structures used for the generation of electricity.
"ENVIRONMENTAL AUDIT" means a comprehensive site analysis to determine:
(1)
If there are any hazardous substances above, on, or below the surface of the subject
property that may pose a threat to the environment and/or human health; and/or
(2)
If there are any breaches of federal, provincial, and/or County environmental
standards; and/or
(3)
The level of risk that a contaminated site poses to the environment and/or human
health; and/or
(4)
The necessary remedial actions that may be required to reduce the level of risk
posed by a contaminated site to an acceptable level.
"ENVIRONMENTAL IMPACT ASSESSMENT" means a comprehensive analysis to determine:
(1)
The potential environmental impact of the proposed development on site; and/or
(2)
The potential environmental impact of the proposed development upon adjacent
properties or land uses; and/or
(3)
The potential environmental impact the proposed development may have on the
future land use potential of the site.
"EQUIPMENT RENTAL SHOP" means the use of a building for the renting of equipment,
usually on a commercial basis.
"EXHIBITION GROUNDS AND/OR RODEO" means an area that is used for public display of
arts, objects, industrial achievements, agricultural products, rodeo, merchandise, articles,
skills, innovation, or information.
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a road. See Figure 7 (Lot
Definitions and Yard Definitions) and Figure 8 (Yard Definitions) for the explanation notes.
"FARM BUILDING" means a building used in connection with the raising or production of
crops, livestock, or poultry, and situated on land used in connection with such farming
operations but does not include a dwelling unit. Farm buildings include granaries, barns,
sheds, hay storage structures, garages, and shops. Buildings used for the conducting of non-
farming business operations are not considered to be farm buildings.
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"FARMING OPERATION" means a small-scale business operation dependent upon on-site
labour (usually family), and which is secondary to the use of a parcel of land for agricultural
purposes.
"FARMSTEAD" means a farmyard which was once established or is currently established
with some or all of the following:
(1)
A dwelling;
(2)
A potable water source;
(3)
A sewage collection system;
(4)
An electrical power service;
(5)
A shelter belt; and/or
(6)
Any other feature which would indicate a previous or present developed farmstead.
"FIRE HALL" means a facility in which fire trucks and equipment are stored, and fire-fighting
personnel may be accommodated.
"FLOODPLAIN" means an area of land bordering a water body / course that would be
inundated by a 1 in 100-year flood event, as determined by Alberta Environment and
Protected Areas, in consultation with Clear Hills County.
"FLOOR AREA" means the total of the floor areas of every room and passageway contained
in a building, but does not include the floor areas of basements, attached garages, sheds,
open porches, decks, or breezeways. See Figure 17 (Floor Area) for the explanation note.
"FRAGMENTED PARCEL" means a parcel that is separated from the balance of a quarter
section or a part of a quarter section by a natural barrier such as a river or a coulee, or by a
physical barrier such as a road or a highway.
"FRONT LOT LINE" means the lot line at the front of a lot. See Figure 7 for the Lot Definitions
and Yard Definitions explanation note.
"FULLY SERVICED" means having all appropriate services, including water and sewer
developed to provincial standards, developed road access and utilities, such as power and
gas.
"GARAGE" means an accessory building, or part of the principal building, designed and used
primarily for the storage of non-commercial motor vehicles.
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"GRAIN ELEVATOR" means a structure that is used for the off-farm storage of grain and is
usually located in such a manner to take advantage of a rail or truck loading facility.
"GROUP CARE FACILITY" means a facility that provides special care for individuals and
families that are in need of adult supervision in accordance with their needs and are licensed,
if necessary, by the authority having jurisdiction over the group home's activities.
"HAMLET" means an unincorporated community administered by and within the boundaries
of Clear Hills County that consists of (5) five or more dwellings, has a generally accepted
boundary and name, and has been designated as a hamlet by Council, pursuant to Section
59 of the MGA.
"HAMLET GENERAL" means the various uses within the boundary of a Hamlet to include
residential, public, institutional, recreational, and business uses.
"HAMLET ESTATE RESIDENTIAL" means the residential zones within a hamlet boundary for
uses only pertaining to residences, such as dwellings, including houses and trailers.
"HEAVY INDUSTRIAL MANUFACTURING" means a large-scale industrial manufacturing or
processing activity. Without restricting the generality of the foregoing, heavy manufacturing
and processing industry would include:
(1)
plants for the manufacture of petroleum products; pulp and paper products; stone,
clay, and glass products; cement and lime products; fertilizers and animal by-
products;
(2)
plants engaged in the primary metal industry, including metal processing;
(3)
the processing of natural gas or its derivatives; and
(4)
incinerators, including those for municipal and industrial use.
Heavy industrial uses may have some negative effects on the safety, use, amenity, and
enjoyment of adjacent or nearby sites due to appearance, noise, odor, emission of
contaminants, fire or explosive hazards, or the presence of dangerous goods.
"HIGHWAY MAINTENANCE YARD" means a facility that is used for the storage and
maintenance of vehicles and road maintenance equipment.
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"HOME CHILD CARE OR HOME CHILD CARE FACILITY" means the use of a building or portion
thereof for the provision of care, maintenance, and supervision of children under the age of
thirteen (13) years; done by persons other than one related by blood or marriage, for periods
not exceeding twenty-four (24) consecutive hours, and includes all facilities licensed by the
relevant provincial licensing authority. Home childcare or home childcare facilities include
daycares.
"HOTEL" means a building providing accommodation for the public; containing guest rooms
accessed by a common entrance, and commonly include a kitchen, dining, and/or other
public rooms.
"INDUSTRIAL BUILDING OR USE" means any building or use which the predominant use, as
determined by its general purpose and list of permitted uses, is of a general business, general
industrial, or heavy industrial nature. This includes the use of land, buildings, and/or
structures for an industrial activity that potentially creates impacts beyond the boundaries
of the site for which the associated activity takes place due to appearance, emission of
contaminants, noise, traffic volume, odour, and fire.
"INDUSTRY' means an economic activity carried out by a group of productive enterprises or
organizations that produce or supply goods and services, and is usually concerned with the
processing of raw materials and the manufacturing of goods.
"INSTRUMENT" means a plan of subdivision and an instrument as defined in the Land Titles
Act.
"INTERIOR LOT" means a lot other than a corner lot.
"INTERIOR SIDE YARD" means a side yard other than an exterior side yard. See Figure 7 for
the Lot Definitions and Yard Definitions explanation note.
"KENNEL" means facilities where dogs or cats are boarded, bred, trained, or cared for.
"LANDSCAPING" means the modification and enhancement of a site through the use of
any or all of the following elements:
(1)
"Soft landscaping" consisting of vegetation, such as trees, shrubs, hedges, grass, and
ground cover;
(2)
"Hard landscaping" consisting of non-vegetative materials, such as brick, stone
concrete, tile, and wood; excluding monolithic concrete and asphalt.
"LAUNDRY FACILITY" means a self-service laundry use, but does not include dry cleaners.
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"LIGHT INDUSTRIAL MANUFACTURING" means an industry engaged in the assembly,
processing, manufacturing, cleaning, testing, repairing, storing, or distribution of various
materials into a new product. The industry may exhibit most or all of the following
characteristics:
(1)
Can be developed on smaller parcels of land;
(2)
Is suitable for industrial parks;
(3)
Most of the activities are confined to the building;
(4)
Does not require large areas of outdoor storage;
(5)
Does not produce emissions which are obnoxious or hazardous; and
(6)
Employs 50 or fewer people on site.
"LOT" means a parcel of land, or a portion of a parcel of land, where the boundaries of the
part are separately described in a certificate of title, with or without reference to a plan of
subdivision. A lot is owned, or meant to be owned, and is shown on an official plan, as
defined in the Surveys Act for which there is a certificate of title.
"LOT DEPTH" means the length of a straight line joining the middle of the front lot line with
the middle of the rear lot line. See Figure 7 (Lot Definitions and Yard Definitions) and Figure
8 (Yard Definitions) for the explanation notes.
"LOT LINE" means a legally defined limit of any lot. See Figure 7 (Lot Definitions and Yard
Definitions) and Figure 8 (Yard Definitions) for the explanation notes.
"LOT WIDTH" means the horizontal measurement between the side lot lines measured at a
point 1.5 m (5 ft) perpendicularly distant from the front lot line, when the front lot line is
irregular in shape. See Figure 7 (Lot Definitions and Yard Definitions) and Figure 8 (Yard
Definitions) for the explanation notes.
"LUMBER YARD" means a retail outlet used for the storage and selling of wood-related
products.
"MACHINE SHOP" means where power-driven tools are used for making, finishing, or
repairing machinery or machine parts.
"MANUFACTURED HOME PARK" means a parcel of land under single ownership which has
been designed for the placement of dwelling, manufactured homes on dwelling,
manufactured home lots.
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"MARKET GARDEN" means a parcel of land where fruits, vegetables, flowers, and similar
plants are grown for sale.
"MGA" means the Province of Alberta Municipal Government Act, R.S.A 2000, c.M-26 and
amendments thereto.
"MOTEL" means a building, or a group of buildings, designed for the accommodation of the
public and contains guest rooms, each of which has a separate entrance directly from
outside the building.
"MUNICIPAL AND SCHOOL RESERVE" means land designated as municipal and school
reserve under the MGA.
"MUNICIPAL HISTORIC RESOURCE" means a building, structure, or zone designated by a
municipal, provincial, or federal authority to be historically or architecturally significant.
"MUNICIPALITY" means Clear Hills County.
"MUNICIPAL PLANNING COMMISSION (MPC)" means the Municipal Planning Commission
of Clear Hills County, as established by bylaw, pursuant to the provisions of the Municipal
Government Act, R.S.A. 2000, c.M-26.
"NATURAL RESOURCE EXTRACTION OR PROCESSING INDUSTRY" means an industry
engaged in the extraction of natural resources, such as timber, clay, sand, gravel, limestone,
shale, coal, and other minerals, including petroleum and natural gas. It may include primary
treatment into a marketable form of the resource, and consists of industries like cement
plants.
"NON-CONFORMING BUILDING OR USE" means a building or use:
(1)
That is lawfully constructed or lawfully under construction at the date a Land Use
Bylaw, affecting the building or the land on which the building is situated, becomes
effective, and;
(2)
That on the date the Land Use Bylaw becomes effective, does not, or when a
building is constructed or under construction will not, comply with the Land Use
Bylaw.
(3)
Of existing land(s) or building(s); or land(s) or building(s) lawfully under
construction at the time the Land Use Bylaw is passed, and;
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"OWNER" means:
(1)
In respect of unpatented land, the Crown; or
(2)
In respect of other land, the person who is registered under the Land Titles Act as
the owner of the fee simple estate in the land.
"PARCEL" means the area of land described in a Certificate of Title with or without reference
to a plan registered in the Land Titles Office.
"PARK OR PLAYGROUND" means an area of land used for recreation purposes, usually
including facilities such as picnic benches, slides, swings, and other playground type
equipment, built in accordance with the Alberta Safety Codes Act.
"PERMANENT FOUNDATION" means a structure constructed or erected with a fixed
location on the ground or attached to something having a fixed location on the ground, with
a foundational system or arrangement composed of, but not limited to, footing, raft, or pile
and may include walls, light standards, fences, and signs, and renders the structure fixed and
immovable but, does not include grain bins.
"PERMITTED USE" means the use of land or of a building provided for in this Bylaw for which
a development permit shall be issued upon an application having conformed to the
provisions of this Bylaw.
"PET, DOMESTIC" means a domestic or tamed animal kept for companionship or pleasure;
including, but not limited to, a bird, cat, rabbit, or ferret, or similar common domestic
animals.
"PETRO-CARDLOCK FACILITY" means an outlet where petroleum products are dispensed
from fuel pumps utilizing a petro-cardlock or keylock system, but does not include gasoline
service stations. A petro-cardlock facility may be supervised or unsupervised, and may
include retail petroleum sales, convenience food stores, or restaurants, all of which are
accessory to the primary petro-cardlock use.
"PLACE OF WORSHIP" means a structure where people gather for prayer and related
religious, philanthropic, and/or social activities. Accessory developments include rectories,
classrooms, and dormitories. Places of worship include churches, chapels, mosques,
temples, synagogues, parish halls, convents, and monasteries. Places of worship are
considered Institutional Use under this Bylaw.
"PORCH" means a covered shelter located at the entrance to a building.
"PRINCIPAL BUILDING OR USE" means the main purpose for which, in the opinion of the
Development Officer, a building or site is ordinarily used.
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"PROVINCIAL HIGHWAY" means a highway or proposed highway designated as a provincial
highway by the Transportation Minister.
"PUBLIC AND INSTITUTIONAL BUILDING OR USE" means use which is owned or leased by a
department or agency of the Federal, Provincial, or Municipal Government, or a community
or religious organization for purposes of public administration and services. This use shall
include cemeteries, fire halls, police stations, ambulance stations, government offices, public
works yards, public libraries, schools, places of worship, community halls, clubhouses, post
offices, correctional centers, assisted living facilities, and hospitals. This use includes a
building or structure used for the provision of public utilities, offices, or housing for any
equipment used in connection with the public utility, but does not apply to essential
infrastructure such as the provision of waterlines, sewer lines, road or utility lines provided
by agencies like gas, power, cable, telephone, or internet companies.
"PUBLIC UTILITY" means a system or works used to provide one or more of the following for
public consumption, benefit, convenience, or use:
(1)
Water or steam;
(2)
Sewage disposal;
(3)
Irrigation;
(4)
Drainage;
(5)
Fuel;
(6)
Electric power;
(7)
Heat;
(8)
Waste management;
(9)
Telecommunications; and
(10)
Street lighting.
"PUBLIC UTILITY LOT" means land required to be given under Part 17, Division 8 of the MGA
for public utilities.
"REAR LOT LINE" means the lot line of a lot which is at the rear of a lot. See Figure 7 for the
Lot Definitions and Yard Definitions explanation note.
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"REAR YARD" means a yard extending across the full width of a lot and situated between
the rear lot line and the nearest portion of the principal building. See Figure 7 (Lot Definitions
and Yard Definitions) and Figure 8 (Yard Definitions) for the explanation notes.
"RECREATIONAL FACILITY AND USE, EXTENSIVE AND INTENSIVE" means:
(1)
an indoor facility and/or use for active recreation that may include spectator
amenities. This includes field houses, arenas, walking tracks, weight rooms, change
rooms, eating establishments, meeting rooms and offices; or
(2)
a recreational land use scattering users and development over a dispersed area of
land, such as passive parks, walking trails, and back country campsites which do not
typically involve buildings; or
(3)
high density outdoor recreational activities and facilities available to the public for
sports and active recreation such as campgrounds, picnic grounds, parks or
playgrounds, fishing lodges, beach areas, riding stables, racetracks, baseball
diamonds and other sports fields, golf courses, driving ranges, flying clubs,
swimming pools, shooting ranges, skateboard parks, ski resorts, tennis courts,
outdoor ice rinks, curling rinks, and other similar facilities.
"RECREATIONAL VEHICLE PARK" means the use of land for the keeping of recreational
vehicles in an organized setting. This type of land use is usually associated with recreation or
tourist facilities.
"REPAIR SHOP" means a building that is used to repair various goods and appliances on a
commercial basis.
"RESTAURANT" means the use of a building as a public eating place and may include a
licensed dining lounge and other associated facilities.
"SALVAGE AND/OR AUTO WRECKING YARD" means a facility for the storage, processing, or
trans-shipment of derelict vehicles, machinery, scrap metal, and similar materials for the
purpose of wholesale or retail trade.
"SAND AND GRAVEL PIT" means a surface mine or excavation used for the removal of sand
or gravel for sale or private use.
"SAWMILL or PLANING MILL" means a mill that is used for the sawing of logs into usable
products.
"SCREENING" means a fence, berm, or hedge used to visually separate areas or uses which,
in the opinion of the Development Authority, detracts from the roadway or neighboring land
uses.
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"SEA CAN" means a pre-built metal container originally designed and/or constructed for the
purpose of cargo storage and/or shipment of goods.
"SENIORS' HOUSING" means housing primarily for elderly persons, with the option of
medical and/or supervisory care being provided.
"SERVICE STATION" means any land or building where the maintenance, servicing, storage,
or repair of commercial vehicles is conducted or rendered. This includes the dispensing of
motor fuel or other petroleum products directly into motor vehicles, the sale of accessories
or equipment for trucks or similar commercial vehicles and may include overnight
accommodations and restaurant facilities.
"SETBACK" means the minimum horizontal distance that the nearest exterior wall of a
development must be located from a parcel boundary/property line.
"SEWAGE TREATMENT FACILITY" means a man-made body of water or facility for the
purpose of collecting sewage and in which the waste is broken down by bacteria.
"SIDE LOT LINE" means any lot line other than a front or rear lot line. See Figure 7 for the
Lot Definitions and Yard Definitions explanation note.
"SIDE YARD" means that portion of land lying between the side lot line of the parcel and the
side wall(s) of the principal building situated on the parcel and not including the front and
rear yards.
"SIDE YARD WIDTH" means the least horizontal distance between the side lot line and the
nearest part of a building.
"SIGHT TRIANGLE" when applied to hamlets, means that triangle formed by a straight line
drawn between two points on the exterior boundaries of the said site, 6.1 m (20 ft) from the
point where they intersect. See Figure 6 (Sight Triangle) for the explanation note.
"SIGN" means anything that serves to indicate the presence or the existence of something;
including, but not limited to, a lettered board, a structure, or a trademark displayed, erected
or otherwise developed and used, or serving or intended to serve, to identify, to advertise,
or to give direction.
"SIGN, IDENTIFICATION" means a sign indicating the name of the business or the type of
development at the site of the development. See Figure 24 (Signs) for the explanation note.
"SPACING" means the measurement, distance, or area required to be left undeveloped
between property lines, dwellings, businesses, and other buildings or uses throughout the
County.
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"STABLE" means a facility that is used for horse riding activities, including buildings that are
necessary for the keeping of horses or other functions related to this activity.
"STORE" means the use of a building or a portion thereof for the sale or display of
merchandise to the public and includes the storage of merchandise on or about the premises
in quantities sufficient only to supply the establishment.
"SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB)" means the Subdivision and
Development Appeal Board for Clear Hills County, established pursuant to the MGA.
"SUBDIVISION AUTHORITY" means the Subdivision Authority for Clear Hills County,
established pursuant to the Municipal Government Act.
"TEMPORARY" when referring to a development, means a development lasting for only a
limited period of time and not permanent, for which an approximate or definitive end date
is known. The development authority may determine the length of time for a temporary
development, depending on the nature of the proposed building or use.
"THROUGH LOT" means any lot, other than a corner lot, having access on two roads. See
Figure 7 (Lot Definitions and Yard Definitions) for the explanation note.
"TRANSLOADING FACILITY" means a facility used for the process of transferring materials
from one form of transport (i.e., truck or pipeline) to another form of transport (i.e., rail or
truck), and may include short-term temporary storage of materials.
"VARIANCE" means an alteration or change to a standard prescribed by this Bylaw for the
purposes of a proposed development permit application.
"WAREHOUSE" means the use of a building for the storage of merchandise or commodities.
These are generally larger in scale than "mini storage," storage facilities and "indoor
storage."
"WASTE TRANSFER STATION" means a permanent collection and transportation facility
used to contain solid waste, which is then passed on to a larger transfer vehicles for transport
to a solid waste handling facility. Transfer stations may also contain recycling bins.
"WATER BODY / COURSE" means the bed and shore of a lake, lagoon, swamp, marsh, river,
stream, creek, or any other naturally occurring body of water; or a reservoir, canal, ditch, or
other man-made surface features, whether it contains water continuously or intermittently.
"WATER TREATMENT FACILITY" means a facility for the collection and treatment of the
water supply.
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"WORK CAMP" means one or more buildings established to accommodate persons who are
employed in logging, construction, resource exploration, or any other similar industry, and
includes the land on which the building or buildings are situated.
"YARD" means a part of a parcel upon or over which no building is to be erected, unless
otherwise provided for in this Bylaw.
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Figure 1: Development Permit Process
This graphic is not part of this
Bylaw, but is provided to aid in its
interpretation
EXPLANATION NOTES
Development Permit
Notice of Approval is given. The
applicant or affected persons
may appeal the decision.
Before applying, consult with the
County's Development Authority
Apply for a Development Permit.
Application must include all
required information before it can
be processed
Development Authority makes a decision
within 40 days of the application being
deemed complete, unless the applicant
agrees to a time extension
The Application is approved,
with or without conditions.
The Application is refused or,
at the option of the applicant,
deemed refused.
Notice of Refusal is given. The
applicant or affected persons
may appeal the decision.
No Appeal received
within 21 days of
issuing the decision.
Appeal received within
21 days of issuing the
decision.
Appeal received within 21
days of issuing the decision
or deemed refusal.
Development may
proceed, subject to any
conditions.
No Appeal received within
21 days of issuing the
decision.
An application may not be made for the same or
similar use of land within the period specified in
the LUB, unless exempted (Refer to section 3.11)
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Figure 2: Amendment to the Land Use Bylaw
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Figure 3: Development Standards - Features Traditionally Regulated through Zoning
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Figure 4: Adjacent Land
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Figure 5: Boulevard
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Figure 6: Sight Triangle
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Figure 7: Lot Definitions and Yard Definitions
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Figure 8: Yard Definitions
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Figure 9: Lot Width on Curved Lot Frontage
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Figure 10: Maximum Grade and Elevation
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Figure 11: Deck Perspective
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Figure 12: Buffer
,
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Figure 13: Building Height
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Figure 14: Dwelling, Semi-Detached
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Figure 15: Dwelling, Duplex
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Figure 16: Dwelling, Triplex
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Figure 17: Floor Area
,
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Figure 18: Requirement for Development Permit Application
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Figure 19: A Typical Site Plan for Rural Development Permit Applications
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Figure 20: A Typical Site Plan for Non-Rural Development Permit Applications
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Figure 21: Fencing
This graphic is not part of this
Bylaw, but is provided to aid in its
interpretation.
EXPLANATION NOTES
Fencing
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SECTION 2: APPROVING AUTHORITIES
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SECTION 2: SUBDIVISION AND DEVELOPMENT AUTHORITY
2.1
Development Officer
(1)
The Development Officer is the person identified in the Development Authority
Bylaw as being appointed by Council to function as one of the Development
Authorities of the County, in accordance with the Municipal Government Act.
(2)
The Development Officer shall carry out those duties, functions, and powers as are
specified in this Bylaw.
2.2
Duties and Responsibilities of the Development Officer
(1)
The Development Officer shall assist and advise Council, the Municipal Planning
Commission, and the public with respect to the requirements of this Bylaw and
other pertinent legislation.
(2)
The Development Officer shall receive and review all development permit
applications for completeness.
(3)
The Development Officer shall keep and maintain for inspection by the public,
during office hours, a copy of this Bylaw, and all amendments and resolutions
thereto, and ensure that copies are available to the public at a reasonable charge.
(4)
The Development Officer shall keep a register of all applications for development
permit, including the decisions therein and the reasons therefore, for a minimum
period of seven (7) years.
(5)
Upon deeming the development permit application complete, the Development
Officer shall:
(a)
Consider and decide on all development permit applications which
constitute a "Permitted Use" in any land use district that comply in all
respects to the standards of that district, and with all other applicable
provisions of this Bylaw;
(b)
Refer, with comments and/or recommendations, all development permit
applications for "Discretionary Uses" in any land use district to the
Municipal Planning Commission;
(c)
Refer, with comments and/or recommendations, to the Municipal Planning
Commission all applications for development not listed under the
"Permitted Uses" or "Discretionary Uses" in the land district for which the
application was made;
(d)
Refer any development permit application to any agencies or person(s) for
comments when deemed appropriate;
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(e)
Refer any development permit application which requires a variance to
comply with the Land Use Bylaw to the Municipal Planning Commission.
(6)
The Development Officer may refer to the Municipal Planning Commission, any
other matter which in the opinion of the Development Officer does not comply with
the intent of the relevant provisions of this Bylaw.
(7)
In making a decision on a development permit application for a "Permitted Use" in
that district, the Development Officer may:
(a)
Approve the development permit application unconditionally;
(b)
Approve the development permit application with conditions to ensure it
conforms with the Land Use Bylaw; or
(c)
Refuse the application, if the proposed development does not conform with
this Bylaw.
2.3
Municipal Planning Commission
(1)
The Municipal Planning Commission (MPC) is established by a separate Bylaw and
is authorized to act as a Development Authority for those matters specified in this
Bylaw.
(2)
The Municipal Planning Commission shall:
(a)
Consider and decide on development permit applications for "Discretionary
Uses" in any land use district;
(b)
Consider and decide on development permit applications for any other uses
referred to it by the Development Officer; and
(c)
Perform such other duties as prescribed in this Bylaw or as may be assigned
to it by Council.
(3)
In reviewing a development permit application referred to it by the Development
Officer, the Municipal Planning Commission shall have regard for:
(a)
the purpose and intent of the MGA and other applicable legislation;
(b)
any statutory plans adopted by the County;
(c)
the provisions of this Bylaw; and
(d)
the circumstances and merits of the application, which may include such
items as:
(i)
impact of such nuisance factors as smoke, airborne emissions, odors
and noise on nearby properties;
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(ii)
the design, character and appearance of the development shall be
compatible with and complementary to the surrounding area; and
(iii)
the servicing requirements for the proposed development.
(4)
In deciding on a development permit application referred to it by the Development
Officer, the MPC may:
(a)
Approve the development permit application;
(b)
Approve the development permit application with conditions which
ensures the development would conform to the provisions of the Land Use
Bylaw; or
(c)
Refuse the application.
(5)
Where any use is applied for which is not specifically shown in any land use district
but is, in the opinion of the Municipal Planning Commission, similar in character,
intent, and purpose to other uses of land and buildings provided by the Bylaw in
the land use district in which such use is proposed, the Municipal Planning
Commission may rule that the proposed use is a discretionary use in the land use
district in which such use is proposed.
(6)
Where a proposed use falls under more than one defined use in this Bylaw, the
Development Authority may, at their discretion, decide the most appropriate use
to review and approve the application for.
(7)
Notwithstanding any provisions or requirements set out in the Bylaw, the
Municipal Planning Commission may establish a more stringent standard for uses
listed under "Discretionary Uses" in any land use district when it is deemed
necessary to do so.
2.4
Variance Powers
(1)
The MPC may approve, or conditionally approve, a discretionary use or a permitted
use referred to it by the Development Officer that does not comply with this Bylaw
if, in the opinion of the Development Officer and/or the Municipal Planning
Commission:
(a)
The proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii)
materially interfere with or affect the use, enjoyment, or value of
neighbouring parcels of land; and
(b)
The proposed development conforms to the use prescribed for that land or
building in this Bylaw.
(2)
Variances will be considered up to a maximum of 40% of development standards.
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(3)
Notwithstanding the requirements in all land use districts for lot width, lot depth,
and lot size, the Development Authority may recommend a subdivision variance to
the district requirements.
(4)
Prior to making a recommendation for a subdivision variance, the Development
Authority may notify adjacent landowners and indicate a time and place at which
they may speak for or against the proposed variance, if Council deems it necessary.
(5)
Where the Development Authority has deemed it necessary to allow for a variance,
written reasons for their recommendation will be sent to the Subdivision Authority.
(6)
Upon recommendation from the Development Authority, the Subdivision Authority
may approve a subdivision application which requires a variance in accordance with
Section 2.4(3).
2.5
Planning Authority
(1)
In accordance with Section 623(2) and 625 of the MGA, R.S.A. 2000, c. M-26, Clear
Hills County designates a certified planning organization as its subdivision
authority, in compliance with the provisions set forth in the Municipal Government
Act.
(2)
The Planning Authority also serves as an advisor to the Development Officer,
Municipal Planning Commission, Subdivision and Development Appeal Board, and
Council on all planning and development related matters.
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SECTION 3: DEVELOPMENT PERMITS
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SECTION 3: DEVELOPMENT PERMIT
3.1
Control of Development
(1)
No development other than those designated in Section 3.2 shall be undertaken
within Clear Hills County, unless a development permit application has been
approved and issued pursuant to this Bylaw.
(2)
Development is to be in accordance with the terms and conditions of the
development permit issued, pursuant to this Bylaw.
(3)
A development permit is required for all new developments, including the
following, but not limited to:
(a)
Any new building to be erected;
(b)
Any major structural addition or changes to a building; and
(c)
Changes to the use of an existing building.
(4)
A person to whom a development permit has been issued shall obtain from the
appropriate federal, provincial, or municipal authority, applicable permits relating
to building construction, utility or infrastructure connections, and any other permits
and approvals required for the proposed development.
3.2
Development Not Requiring a Development Permit
(1)
The following development(s) shall not require a development permit, but shall
otherwise comply with the provisions of this Bylaw:
(a)
The carrying out of works of maintenance or repairs, external or internal,
provided that such works do not include structural alterations or change the
use or the intensity of use of the structure;
(b)
The completion and use of a building which was lawfully under construction
on the date this Bylaw came into effect. The building shall be completed
within a period of twelve months (12) from the date of approval;
(c)
The placing, construction, or maintenance of gates, fences, walls, or other
means of enclosure (other than on corner lots or where abutting on a
curved road used by vehicular traffic) less than 0.9 m (3 ft) in height in front
yards and less than 1.8 m (6 ft) inside and rear yards, provided the erection
of such does not contravene any other provisions of this Bylaw;
(d)
The placing or construction of a temporary structure or the installation of
machinery, the sole purpose of which is incidental to the erection or
alteration of a permanent building, for which a development permit has
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been issued under this Bylaw and which is removed from the site upon
completion of construction/alteration;
(e)
The maintenance or repair of public works, services, and utilities;
(f)
The use of a building in whole or in part as a temporary polling station for a
Federal, Provincial, or Municipal election;
(g)
The carrying out of extensive agricultural operations on a parcel greater
than 4.05 ha (10 ac) in size;
(h)
Any farm building, shed, dugout, or water reservoir located at least 40.8 m
(134 ft) from a road right-of-way or minor accessory use;
(i)
Structures which are accessory to dwellings and are less than 10 m2 (107.6
ft2) in floor area, and decks which are less than 0.6 m (2 ft) from ground
level, provided they satisfy all the setback requirements of this Bylaw;
(j)
Signs listed under Section 8.9(3) of this Bylaw.
3.3
Development Permit Application Requirements
(1)
An application for a development permit shall be made to the Development
Authority in writing and shall be signed by the owner or designated agent. The
Development Authority may require any or all of the following information to be
submitted with the application, as deemed appropriate:
(a)
A dimensional site plan showing the legal description, identifying the
building in relationship to the property lines, the front, rear, and side yard
setbacks, vehicle parking, and access points to the site;
(b)
A site plan showing the proposed location of utilities, site drainage, grade
elevations, existing and finished lot grades, and street grades;
(c)
Water supply for firefighting purposes;
(d)
A dimensional floor plan of the proposed development, including elevations
and descriptions of external finishing materials;
(e)
A site plan indicating any external storage areas, fencing, screening, and
landscaping for the proposed development;
(f)
Any related loading and parking provisions;
(g)
Development of parks and recreation areas;
(h)
A statement of existing and proposed uses;
(i)
A statement of ownership of land and interest of the applicant therein;
(j)
Estimated commencement and completion dates;
(k)
Estimated cost of the project or contract price;
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(l)
Topographical features, the extent of existing treed areas, and the trees
proposed to be removed;
(m)
A professional engineering report evaluating the site suitability for private
sewage disposal;
(n)
A professional engineering report identifying the quality and quantity of
groundwater supply on the site;
(o)
A professional engineering analysis and evaluation on the impact of
development on the Grimshaw Gravels Aquifer;
(p)
Water/groundwater level contour mapping;
(q)
The evaluation of such reports by various agencies;
(r)
Any studies or assessments required for evaluating the proposal; and
(s)
Any other information to assist in evaluating the development.
(2)
Each application for a development permit shall be accompanied by a non-
refundable fee as established by bylaw of Council from time to time.
3.4
Environmental Audits and Assessment
(1)
The Development Authority may require an applicant to conduct an Environmental
Audit or Environmental Impact Assessment, as part of a development permit
application, an application to amend this Bylaw or a statutory plan, or an
application for subdivision approval.
(2)
The Environmental Audit or Environmental Impact Assessment shall be conducted
by qualified person(s).
(3)
The Development Authority may use the recommendations of the Environmental
Audit and Environmental Impact Assessment report as:
(a)
Reasons for issuing or not issuing a development permit, with or without
conditions;
(b)
Reasons to amend or not amend this Bylaw;
(c)
A basis for recommendations to the Subdivision Authority related to
applications for subdivision;
(d)
Reasons to adopt or amend a statutory plan; and
(e)
Reasons to refuse to adopt or amend a statutory plan.
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3.5
Development Permit Application Completeness
(1)
Within twenty (20) calendar days after receipt of a development permit application,
the Development Officer shall determine whether the application is complete or
incomplete.
(2)
Notwithstanding Section 3.5 (1), the Development Officer may extend the time
period for determining the completeness of a development permit application,
based on a written agreement between the Development Authority and the
applicant.
(3)
When, in the opinion of the Development Officer:
(a)
sufficient details of a proposed development have been included with the
application for a development permit, the Development Officer shall, in a
form and manner appropriate, issue a notice of complete application to the
applicant, advising that the application is complete within the timeline
provided for in Section 3.5 (1) or 3.5 (2).
(b)
sufficient details of a proposed development have not been included with
the application for a development permit, the Development Officer shall, in
a form and manner appropriate, issue a notice of incomplete application to
the applicant, advising that the application is incomplete within the timeline
provided for in Section 3.5 (1) or Section 3.5 (2). The notice shall outline
any outstanding information and/or documentation that must be provided
by the applicant for the application to be considered complete by a date
stated in the notice or as agreed upon between the Development Authority
and the applicant.
(4)
If the Development Officer does not issue a notice of complete or incomplete
application for a development permit application within twenty (20) calendar days
from the date of receipt of the application, or the extended time period agreed
upon between the Development Officer and the applicant, the application is
deemed to be complete.
(5)
Notwithstanding the issuance of a notice of complete or incomplete application
pursuant to Section 3.5(3), or failure to issue a notice under Section 3.5(4), the
Development Authority may request additional information or documentation
from the applicant that the Development Authority considers necessary to review
the application.
(6)
If an applicant who has been issued a notice of incomplete application:
(a)
submits all the required information and/or documentation by the date
given in Section 3.5 (3) (b), the Development Officer shall, in a form and
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manner appropriate, issue a notice of complete application to the applicant,
advising that the application is now complete.
(b)
fails to submit all the required information and/or documents by the date
given in Section 3.5 (3) (b), the application is deemed refused.
(7)
Where an application for a development permit is deemed refused under Section
3.3, the Development Officer shall issue a notice to the applicant, stating that the
application has been refused and the reason for the refusal.
3.6
Development Permit Referrals
(1)
At least fourteen (14) calendar days prior to the MPC meeting at which the
Development Authority will be considering the application, the Development
Authority may refer a development permit application for comments and/or
recommendations to the Planning Authority, any County department, Provincial or
Federal Government Agency, including but not limited to (names may be changed
by the Government of Alberta from time to time):
(a)
Alberta Environment and Protected Areas;
(b)
Alberta Health Services;
(c)
Alberta Infrastructure;
(d)
Alberta Transportation and Economic Corridors; and/or
(e)
Any other agencies that the Development Authority deems appropriate.
(2)
The Development Authority shall refer a development permit application to the
Village of Hines Creek when the development proposal affects lands within the
Intermunicipal Development Plan Area, in accordance with Clear Hills County and
the Hines Creek Intermunicipal Development Plan.
(3)
Upon receiving a reply on a matter referred to the Planning Authority and/or any
local, Provincial, or Federal government agency, the Development Authority shall
make a decision giving due consideration to their recommendations.
(4)
After thirty (30) calendar days from the date of referral, the application may be
dealt with by the Development Authority, whether or not comments have been
received.
3.7
Temporary Use Applications
(1)
Where a development permit application in a land use district is for a temporary
development, the Development Authority:
(a)
Shall consider and decide upon a development and the specific time
duration for the development;
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(b)
Shall impose a condition on such a permit that the County is not liable for
any costs involved in the removal of the development at the expiration of
the time period stated in the permit.
3.8
Development Permit Decision Timelines
(1)
The Development Authority shall consider and decide on a development permit
application:
(a)
within forty (40) calendar days of receipt by the applicant the notice of
complete application, issued pursuant to Section 3.5(3)(a) or 3.5(6)(a); or
(b)
within forty (40) calendar days from the receipt of the application, if a notice
of complete application was not issued, pursuant to Section 3.5(1).
(2)
Notwithstanding Section 3.5 (1), the Development Authority may extend the forty
(40) day period required for making a decision on a development permit
application, based on a written agreement between the Development Authority
and the applicant.
(3)
If the Development Authority does not make a decision within the timeline required
under Section 3.7(1)(a) or 3.7(1)(b), the application shall, at the option of the
applicant, be deemed refused.
3.9
Development Permit Notification
(1)
The Development Authority's decisions on a development permit application shall
be prepared in writing and a copy of the notice provided to the applicant.
(2)
When an application for a development permit is approved for a Permitted Use
where the provisions of the Bylaw have not been relaxed or varied, the
Development Authority is not required to notify adjacent landowners.
(3)
When an application for a development permit is approved for Permitted Use for
which a variance has been granted or a Discretionary Use, the Development
Authority shall:
(a)
Immediately mail a notice in writing to all adjacent landowners, advising
of the decision and the right to appeal; and
(b)
Immediately advertise the decision in accordance with the County's Public
Notification Bylaw.
(4)
The development permit decision notice shall indicate:
(a)
the date the decision on the development permit application was made;
and
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(b)
the location and use of the parcel in respect of which the application has
been made and the decision of the Development Authority.
(i)
Approval decisions will contain conditions, if any.
(ii)
Refusal decisions will contain reasons for the refusal.
(5)
A development permit issued pursuant to this Bylaw comes into effect twenty-one
(21) calendar days following the date of the decision, and any development
proceeded with by the applicant prior or during this period is done solely at the risk
of the applicant.
(6)
The development permit becomes invalid if the development is not commenced
within twelve (12) months from the date of the issuance of the development
permit.
(7)
Notwithstanding section 3.9 (4), the Development Authority may extend the period
of time that a development permit is valid if, in their opinion, circumstances
warrant such a time extension. A written extension request is required from the
applicant prior to extension consideration.
(8)
Notwithstanding Section 3.9 (4), for certain discretionary uses such as temporary
signage, temporary industrial camps, or other land uses which are intended to be
temporary in nature, the Development Authority may determine that a
development permit is valid for less than 12 months from its date of issue. The
expiry date of a "Temporary Development Permit" shall be clearly indicated on the
approved development permit.
3.10
Development Permit Conditions
(1)
In making a development decision, the Development Authority may attach
conditions addressing the following matters when issuing a development permit:
(a)
The developer requires a Development Agreement to do any or all of the
following:
(i)
The construction of public roadways or parking areas;
(ii)
The provision to install or pay for the installation of utilities and/or
any Clear Hills County services mutually agreed upon;
(iii)
The provision to pay for an off-site levy or redevelopment levy
imposed by Bylaw;
(b)
The operation and maintenance of sewer and water facilities;
(c)
The location of refuse disposal facilities;
(d)
Access for fire and police protection;
(e)
General access and circulation;
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(f)
Provision for recreation areas;
(g)
Landscaping, screening, and other aesthetic considerations for uses which
involve the outdoor storage of goods, machinery, vehicles, building
materials, waste materials, or other similar uses;
(h)
Building design;
(i)
Provision for off street parking, loading, and unloading facilities;
(j)
Public safety;
(k)
Property taxes to be paid in full at the time of development permit approval
or to the satisfaction of the County;
(l)
Other conditions as are necessary, having due regard to the nature of a
proposed development and the purpose of the relevant district.
3.11
Re-application for Development Permit
(1)
When an application for a development permit is refused by the Development
Authority or the appropriate Appeal Body, the same or another application for
development, with respect to the same parcel of land and for the same or similar
use of the land, may not be made by the same or any other applicant within six (6)
months of the refusal of the application, unless the application was deemed refused
under Section 3.5 (7).
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SECTION 4: SUBDIVISION AND DEVELOPMENT APPEALS
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SECTION 4: SUBDIVISION AND DEVELOPMENT APPEALS
4.1
Establishment of the Subdivision and Development Appeal Board
(1)
The Subdivision and Development Appeal Board for the County is established by a
separate bylaw, in accordance with Section 627 of the Municipal Government Act.
(2)
The Subdivision and Development Appeal Board for the County shall perform such
duties as are specified in the MGA.
4.2
Appeal Procedure
(1)
A decision of the Development or Subdivision Authority must state whether an
appeal lies to the Subdivision and Development Appeal Board or to the Land and
Property Rights Tribunal.
(2)
A development appeal may be made to the appropriate Appeal Body, where the
Development Authority:
(a)
Refuses a development permit;
(b)
Fails to issue a development permit within the prescribed timelines under
Section 3.7;
(c)
Issues a development permit, with or without conditions; or
(d)
Issues an order under Section 5.1 of this Bylaw.
(3)
A subdivision appeal may be made to the appropriate Appeal Body, where the
Subdivision Authority:
(a)
refuses or fails to issue a decision on a subdivision application within the
timelines prescribed by the matters related to Subdivision and
Development Regulation; or
(b)
Approves a subdivision application.
(4)
A development or subdivision appeal shall be filed in accordance with the
provisions of the Municipal Government Act.
(5)
Where an appeal is made to the appropriate Appeal Body, a development permit
which has been issued shall not come into effect until the results of the appeal
have been determined, at which time the development permit may remain as
originally issued, be modified or be nullified.
(6)
When an appeal is filed with respect to a development permit approved by the
Development Authority, the development permit which has been issued shall not
come into effect before:
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(a)
the decision on the permit has been upheld by the Appeal Body; or
(b)
the appeal has been withdrawn or abandoned by the appellant.
(7)
If the decision to approve a development permit application is reversed by the
Appeal Body, the development permit shall be null and void.
(8)
If the decision, permit, or order issued by the Development Authority is upheld by
the Appeal Body, the decision, permit, or order is still in effect, notwithstanding
further appeal to the appropriate provincial court.
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SECTION 5: ENFORCEMENT
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SECTION 5: ENFORCEMENT
5.1
Contravention
(1)
No person shall contravene this Bylaw by:
(a)
commencing or undertaking a development or use that is not permitted
under this Bylaw;
(b)
authorizing or undertaking any development that is at variance with the
description, specifications, or plans that were the basis for the issuing of
a development permit pursuant to this Bylaw;
(c)
violating a condition of a permit issued pursuant to this Bylaw;
(d)
providing false or misleading information to secure a development
permit.
(2)
A person shall not prevent or obstruct a designated officer from carrying out any
official duty under this Bylaw.
5.2
Enforcement
(1)
If, after the issuance of the development permit, the Development Officer
becomes aware that:
(a)
the application for the development contains a misrepresentation;
(b)
facts concerning the application of the development, which should have
been disclosed at the time the application was considered, were not
disclosed;
(c)
the development permit was issued in error; or
(d)
the applicant fails to comply with a notice under Section 645 of the
Municipal Government Act
The Development Officer may suspend or cancel the notice of decision or the
development permit by notice, in writing, to the development permit applicant.
(2)
Where the Development Authority finds that a development or use of land or
buildings is not in accordance with Part 17 of the Municipal Government Act, this
Bylaw, or a development permit or subdivision approval, the Development
Authority may, in accordance with section 645 of the MGA, provide in writing a
Stop Order which orders the owner, the person in possession of the land or
building, or the person responsible for the contravention, or any or all of them to:
(a)
Stop the development or use of the land or buildings in whole or in part
as directed by the notice;
(b)
Demolish, remove, or replace the development; or
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(c)
Take such other measures as are specified in the notice so that the
development, or use of the land or buildings, complies with Part 17 of the
MGA, the regulations under the MGA, a development permit or
subdivision approval, or this Bylaw, as the case may be.
(3)
Identify a timeframe within the notice to complete requirements of the Stop
Order.
(4)
A person who receives a notice or order pursuant to Section 5.2 (1) or 5.2(2) may
appeal the order or decision to the Subdivision and Development Appeal Board.
(5)
The Development Authority may apply to the Court of King's Bench for an
injunction or another order in compliance with Section 554 of the MGA.
(6)
Orders to remedy contraventions issued in compliance with Section 545 or 546 of
the MGA will be brought to Council for information.
(7)
Where a notice is issued under Section 5.2 (2) or 5.3(6), the Stop Order or Order
to Remedy Contraventions shall state the following and any other information
considered necessary by the Development Officer:
(a)
An explanation of the contravention, and a statement indicating under
which provisions of this Bylaw or the Municipal Government Act the order
is being carried out;
(b)
The alternatives and processes which the person responsible for the
contravention may pursue to correct the contravention;
(c)
A timeframe in which the contravention must be corrected prior to the
County pursuing action; and
(d)
Advise the person of his/her right to appeal the order to the Subdivision
and Development Appeal Board or Council, as the case may be.
(8)
Where a notice is issued under Section 5.2 (2) or 5.2(6), the notice must be served
on a person:
(a)
By delivering it personally to the person; or
(b)
By leaving it with a person who appears to be 18 years of age or older at
the private residence or place of business of the person.
(9)
Where service under section 5.2 (8) is impractical, the notice must be:
(a)
Posted on the land to which the notice relates, or at the private residence
of the person intended to be served; and
(b)
Sent by regular mail to the last address listed in the assessment roll of the
municipality for the owner of the land.
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SECTION 6: AMENDMENT TO THE BYLAW
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SECTION 6: BYLAW AMENDMENT
6.1
Amendment Application
(1)
Any person applying to have this Bylaw amended shall apply in writing to the
Development Officer, using the application form provided by Clear Hills County.
(2)
The Development Authority may, at any time on its own motion, present for the
consideration of Council any proposed amendment to this Bylaw. The proposed
amendment shall be accompanied by a report and recommendation.
(3)
Council may, at any time, initiate an amendment to this Bylaw.
(4)
In accordance with Section 692(6) of the MGA, a bylaw may be amended without
giving notice or holding a public hearing, if the amendment corrects clerical,
technical, grammatical, or typographic errors and does not materially affect the
bylaw in principle or substance.
(5)
As part of the application referred to in Section 6.1 (1), the applicant must provide
the following:
(a)
An application fee, as established from time to time by Council for each
application;
(b)
A current title search of the land affected, or other documents
satisfactory to the Development Officer showing the applicant's interest
in the subject land(s);
(c)
Drawings showing the subject site(s), the proposed district(s), the
existing/proposed development, and the existing/proposed use of the
site(s), when applicable;
(d)
A signed certificate authorizing right of entry by the Development Officer
to such lands or buildings as may be required to investigate the subject
lands of the proposed amendment; and
(e)
Any other information deemed necessary by the Development Authority
or by Council.
(6)
An application is not considered complete until all required information is
received.
(7)
Notwithstanding Section 6.1 (5) (a), if it appears that the proposed Land Use
Bylaw Amendment application is one which is for the benefit of Clear Hills County
as a whole, or many properties in an area of the County, Council may direct that
the application fee by returned to the applicant.
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6.2
Amendment Process
(1)
The Development Authority or Council may refer the Land Use Bylaw
Amendment application to such agencies as they consider necessary for
comments.
(2)
As soon as is reasonably possible, the Development Authority shall submit the
proposed Land Use Bylaw Amendment application to Council with comments
from other agencies and recommendations from the Development Authority.
(3)
All amendments to this Bylaw shall be made by Council by Bylaw and in
conformity with the requirements of the Municipal Government Act regarding
the notification and holding of a public hearing.
(4)
Amendments that affect the entire County shall be advertised in accordance with
the MGA, distributed by bulk mail out to local mailboxes, and by regular mail to
recipients on the County newsletter mailing list.
(5)
Amendments relating to a single property located outside and not adjacent to
the generally accepted boundaries of a hamlet shall be advertised in accordance
with the MGA, by mail to owners of property adjacent to and within a 3.2 km (2
mi) radius of the property.
(6)
Amendments relating to a property located adjacent to or within the generally
accepted boundaries of a hamlet shall be advertised in accordance with the MGA,
by mail to each customer on the County's utility list with a utility account linked
to a property in the affected hamlet(s), and to owners of the property adjacent
to the generally accepted boundaries of a hamlet that do not have a utility
account linked to a property in the affected hamlet(s).
6.3
Re-application for Amendments
(1)
When an application to amend the Land Use Bylaw is refused, another
application with respect to the same parcel may not be made by the same or any
other applicant within six (6) months of the refusal of the Land Use Bylaw
Amendment application.
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SECTION 7: GENERAL LAND USE PROVISIONS
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SECTION 7: GENERAL LAND USE PROVISIONS
7.1
Area Aquifer
(1)
On an application for an amendment to the Land Use Bylaw or a development on
land located within an aquifer, the following additional information may be
required by the Development Authority:
(a)
A professional engineering report and analysis on the impact of the
development on the aquifer, especially the groundwater re-charge area;
(b)
A professional engineering report identifying the quality and quantity of
the groundwater supply on the subject property;
(c)
Water level contour mapping; and
(d)
An indication of the suitability of the subject property for sewage disposal.
(2)
Notwithstanding any other provision in this Bylaw, Council and/or the Development
Officer may refer any application for an amendment to the Land Use Bylaw or a
development
permit
to
the
following
agencies
for
comments
and
recommendations on how the proposal will affect the Aquifer:
(a)
Alberta Environment and Protected Areas;
(b)
Alberta Health Services;
(c)
Alberta Human Services: Plumbing Inspection Branch; and
(d)
Any other agencies that Council and/or the Development Officer deems
necessary.
7.2
Corner Sites in Hamlets
(1)
On any corner site in a residential district, no person shall erect, place or maintain
within the site triangle a wall, fence, shrub, tree(s), hedge or any object over 0.9 m
(3 ft) in height above the lowest road grade adjacent to the intersection. See Figure
6 for the explanation note.
(2)
On any corner site, no finished grade shall exceed the general elevation of the road
line by more than 0.6 m (2 ft) within the area defined as a sight triangle. See Figure
10 (Maximum Grade and Elevation) for the explanation note.
7.3
Design, Character, and Appearance of Buildings
(1)
Subject to the provisions of other sections of this Bylaw, the design, character, and
appearance of buildings shall conform with or incorporate greater design aesthetics
and/or elements with similar buildings and structures in the respective district and
comply with the Safety Codes Act.
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(2)
Building exterior walls and roof shall be finished with a material or materials that
are acceptable to the Development Authority.
7.4
Development near Provincial Highways
(1)
No development permit shall be issued for development within 0.8 km (0.5 mi) of
the boundary of the right-of-way of the intersection of a public roadway with a
highway or for a development within 300 m (984.3 ft) of the right-of-way of a
highway until a permit for development, in accordance with the Public Highways
Development Act, has been issued by Alberta Transportation and Economic
Corridors.
7.5
Dwellings Per Parcel
(1)
Where this Bylaw limits the number of dwellings that may be erected or placed on
a parcel of land, the Development Authority may grant an exemption to allow
additional dwellings on the subject parcel.
(2)
A development permit shall be required for any additional dwellings on a parcel of
land.
(3)
Any additional dwelling(s) on land shall be discretionary and decided on by the
Municipal Planning Commission.
(4)
When determining an exemption to the number of dwellings on a parcel, the
Municipal Planning Commission shall consider the following:
(a)
The suitability of the site for the proposed development;
(b)
Access to and from the site;
(c)
On-site water and sewer servicing;
(d)
Existing and future surrounding land uses;
(e)
Whether the additional dwelling is related to or necessary for the
operation of an existing farm located on the parcel; and
(f)
Human relationships, including a family member or relative occupying the
dwelling.
7.6
Illumination
(1)
Lighting fixtures, which are not a public utility and are designed for exterior
illumination of a site, shall be installed with the light directed and deflected away
from public roads and adjacent properties so as not to be a source of nuisance or
cause for glare.
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7.7
Keeping of Animals
(1)
No livestock or fur-bearing animals, other than domestic pets, shall be raised or
kept in any hamlet residential district.
(2)
The keeping of poultry shall be allowed in any hamlet residential district as a
discretionary use and shall adhere to the County's Poultry Bylaw.
(3)
Structures related to the keeping of poultry shall require a development permit
prior to their erection.
7.8
Landscaping and Screening
(1)
In addition to any other provisions of this Bylaw, waste transfer stations, gravel pits,
sewage treatment facilities, building or site storage facilities and other similar forms
of development may be required to be screened from view by a vegetated buffer
strip or some other form of screening, adjacent to incompatible uses such as
residential or institutional uses.
(2)
The Development Authority, in considering an application, may impose conditions
requiring the retention of trees or additional plantings of such a type and extent as
are considered necessary.
(3)
A change to the use of land(s) may require screening as a buffer adjacent to
incompatible uses.
(4)
Any area required to be landscaped, shall be landscaped so that the finished grade
does not direct surface drainage onto an adjoining parcel.
(5)
The finished grade with landscaping on any parcel shall not exceed the general
elevation of the street by more than 0.6 m (2 ft).
7.9
Lands Susceptible to Flooding, Slumping or Soil Erosion
(1)
Development shall be discouraged on land subject to slumping or within the 1:100
year floodplain as determined by Alberta Environment and Protected Areas.
(2)
In reviewing a development permit application for a development on a site which
Clear Hills County determines may be subject to flooding or is located in a
designated floodplain, the Development Authority shall consider flood damage
reduction measures, and may approve the proposed development subject to any
or all of the following:
(a)
The usage of fill, piles, posts, or piers to raise the development above the
1:100 year flood level;
(b)
"Wet flood proofing" standards which allow basements to be flooded
without significant damage to the structure;
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(c)
Other flood reduction measures as approved by Canadian Mortgage and
Housing Corporation;
(d)
Diking of the water body / course;
(e)
Increased development setbacks from the waterbody / course;
(f)
Site specific location and orientation of proposed development;
(g)
The usage of back-flow prevention valves (stop valves);
(h)
Any other flood abatement measures deemed necessary by the
Development Authority;
(i)
A certificate from a qualified professional engineer, certifying that the
design for the proposed development was undertaken with full knowledge
of the potential for flooding on the subject property; and
(j)
Comments and recommendations from Alberta Environment and Protected
Areas.
(3)
In reviewing a development permit or subdivision application, an application to
amend this Bylaw or any statutory plan, the Development Authority may require
the following additional information regarding land subject to slumping:
(a)
A geotechnical study, prepared by a qualified engineer registered with
APEGGA, addressing the safety and stability of the proposed development.
The geotechnical study will establish building setbacks from property lines
based on the land characteristics of the subject property;
(b)
A certificate from a qualified professional engineer, certifying that the
design of the proposed development was undertaken with full knowledge
of the soil and slope conditions of the subject property; and
(c)
A certificate from a qualified professional engineer when the proposed
development includes cut and/or fill sections on slopes, including the
addition of fill to the subject property.
(4)
The County may require the landowner and/or developer to register a restrictive
covenant against the certificate of title for the subject property related to the
development approved for the subject property.
7.10
Minimum Servicing Requirements
(1)
For all developments, sanitary sewage shall be provided in compliance with Alberta
Private Sewage Systems Standard of Practice.
(2)
For all multi-parcel developments, storm drainage facilities shall be provided to the
satisfaction of the Development Authority.
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7.11
Municipal Road Setbacks
(1)
At curves and intersections of roads, no development, landscaping, or vehicle
access shall be permitted within the shaded areas illustrated in Figures 5
(Boulevard) and 6 (Sight Triangle), unless variance is approved by the Development
Authority.
(2)
All trees, hedges, shrubs, or closed fences, forming a shelter belt shall be indicated
on the approved site plan and be in accordance with the municipal road setbacks.
(3)
Municipal road setbacks shall not apply to gates, open fences, or other means of
open enclosure less than 2.4 m (8 ft) in height or at the discretion of the
Development Authority, unless as identified in Section 7.2, "Corner Sites in
Hamlets," in this Bylaw.
(4)
Access or egress to a municipal road shall be installed in accordance with the
current Clear Hills County Approach Construction Policy.
(5)
Notwithstanding Highways Development and Protection Regulation (326/2009), as
amended from time to time, this Bylaw may establish a higher standard than
Alberta Regulation 326/2009, as amended from time to time, for development
adjacent to highways and intersections.
7.12
Non-Conforming Buildings and Uses
(1)
A non-conforming use of land or a building may be continued, but when that use is
discontinued for a period of six (6) consecutive months or more, any future use of
the land or building must conform with this Bylaw.
(2)
A non-conforming use of part of a building may be extended throughout the
building but shall not include any structural alterations.
(3)
A non-conforming use of part of a lot shall not be changed or transferred to any
other part of the lot.
(4)
No additional accessory building(s) associated with the non-conforming use are
permitted.
(5)
A non-conforming building may continue to be used, but shall not be enlarged,
added to, rebuilt, or structurally altered, except to make it a conforming building.
(6)
A non-conforming building may not be repaired or rebuilt if damages equivalent to
75 percent or more the of the building's value above the foundation occur.
(7)
The use of land or a building is not affected by a change of ownership, tenancy, or
occupancy of the land or building.
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7.13
Objects Prohibited or Restricted in Yards
(1)
No person shall allow a motor vehicle which has all or part of its superstructure
removed, or a motor vehicle which is in a dilapidated or unsightly condition to
remain parked on a parcel in a residential district, or within 30.5 m (100 ft) of a local
road or Provincial Highway in an Agricultural District for more than ninety (90)
calendar days, unless it is suitably housed or screened to the satisfaction of the
Development Authority.
7.14
Projections over Yards
(1)
The following exceptions are not included within the setback calculation, and may
project into a yard setback:
(a)
In a residential district, a cornice, a windowsill, or a canopy of eaves which
project for a distance not exceeding one-half of the minimum side yard
required for the site;
(b)
A chimney which projects 0.6 m (2 ft) or less, provided that in each case it
is not less than 0.9 m (3 ft) from the side boundary of the site;
(c)
Unenclosed steps with or without a landing or deck and above the surface
of the yard, if they do not project more than 2.4 m (8 ft) over or on a
minimum front or rear yard, or more than 0.9 m (3 ft) over or on a
minimum side yard.
7.15
Relocated Buildings
(1)
An application for a development permit shall be completed for any building to be
"relocated" to a parcel within the County, with the exception of a farm building in
an Agricultural District, and shall include:
(a)
Colour photographs of the building, accurately depicting the style and
general condition of the structure, with its aesthetic conformity being
equal to, or greater than, buildings in the immediate neighborhood.
(2)
The Development Authority shall consider the following to determine whether the
building is compatible with the character of the neighborhood in which it is
proposed to be located, and may refuse a development permit if, in their opinion,
the building is incompatible:
(a)
Age and appearance of the building;
(b)
Building condition and building materials;
(c)
The compatibility of the proposed building with the surrounding
neighborhood and adjacent properties;
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(d)
The aesthetic conformity of the proposed building with the surrounding
neighborhood and adjacent properties; and
(e)
Other planning considerations as deemed necessary by the Development
Authority.
(3)
The Development Authority may inspect the building which is proposed to be
relocated, or have another qualified person do so; in either case, the expenses of
such inspection, including the inspector's time, shall be paid by the applicant before
any development permit is issued.
(4)
The relocated building shall conform to the current Alberta Safety Codes Act and
Regulations, and the current Alberta Building Code Regulation.
7.16
Water Course and Waterbody
(1)
Where a parcel of land borders on or contains a coulee, ravine, or valley, with or
without a water body / course, the following building or structure setbacks from
the upper break of the coulee, ravine, or valley, shall apply:
Table A: Water Course Setbacks require a geotechnical survey if within 61m of a coulee,
ravine or valley
Depth of the Coulee, Ravine, or Valley
Minimum Building or Structure
Setback
Less than 7.6 m (25 ft)
As required by the Development
Authority
Greater than 7.6 m (25 ft) but less than
15.2 m (50 ft)
22.9 m (75 ft)
Greater than 15.2 m (50 ft) but less
than 30.5 m (100 ft)
45.7 m (150 ft)
Greater than 30.5 m (100 ft)
61 m (200 ft)
See Figure 22 (Development Near Water Bodies and Water courses) for the
explanation note.
(2)
Notwithstanding the above, the Development Authority may increase the building
or structure setbacks, where deemed necessary.
(3)
Where a parcel of land borders on or contains a water body / course, the setback
from the water body / course shall be determined by the Development Authority
but shall not be less than 30.5 m (100 ft) from a water body / course that is 8.09 ha
(20 ac) or more.
(4)
Developments must adhere to the following land management practices:
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(a)
Geotechnical Investigation must be undertaken on the proposed
development site to ensure suitable setbacks are determined. The
Development Authority reserves the right to variance on the setbacks in
locations where Geotechnical Surveys recommend extended setback
measurements for the prevention of property damage and safety
requirements;
(b)
Stripping of vegetation or grading shall be done in a manner which will
minimize soil erosion by ensuring that the extent of the disturbed area and
the duration of its exposure is minimized, and that all grading work should
be designed to blend with the natural contours of the land;
(c)
Natural vegetation shall be retained and protected wherever possible;
(d)
Natural drainage patterns shall not be disturbed and changes to water
body / course shall be avoided, except where controlled improvements are
warranted subject to approval from Alberta Environment and Protected
Areas; and
(e)
Developments shall not adversely affect groundwater resources or
increase stormwater runoff velocity in a way that water levels on other
lands are substantially raised or the danger from flooding is increased.
7.17
Water Reservoir Setbacks
(1)
The following is a description of the setbacks required for a dugout or water
reservoir:
Table B: Sewage and Dugout or Water Reservoir Setbacks Description
Dugout Setbacks to:
Dugout Setback distance
(a)
Front Yard
40.8 m (134 ft) from road right-of-way or 70 m
(229.6 ft) from the center line, whichever is the
greater
(b)
Side Yard
15.24 m (50 ft) or as required by the Development
Authority
(c)
Rear Yard
15.24 m (50 ft) or as required by the Development
Authority
(2)
A development permit shall be required for a dugout or water reservoir located less
than 40.8 m (134 ft) from a road right-of-way. The Development Authority shall
consider the following factors when deciding upon an application for a
development permit:
(a)
The location of the proposed dugout or water reservoir in relation to the
safe operation of roads;
(b)
The location of the proposed dugout or water reservoir in relation to the
aquifers in Clear Hills County; and
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(c)
Any effects the location of the dugout or water reservoir may have on the
use of any adjacent roads or land.
(3)
The Development Authority may require the developer of the dugout or water
reservoir to provide adequate fencing, guardrails and/or berming to its satisfaction,
so as to prevent the dugout or water reservoir location from being a hazard to the
traveling public. The size, type, and location of the berming, fencing, or guardrails
will be site specific and will be determined at the time of an application and shall be
referred to the Public Works Department for input as to required design standards.
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Figure 22: Development near Water Bodies and Water courses
.
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Land Use Bylaw No. 278-23
80
Figure 23: 1 in 100 Year Flood Zone
This graphic is not part of this
Bylaw, but is provided to aid in its
interpretation.
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Figure 24: Signs
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Land Use Bylaw No. 278-23
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SECTION 8: SPECIAL LAND USE PROVISIONS
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83
SECTION 8: SPECIAL LAND USE PROVISIONS
8.1
Accessory Buildings
General:
(1)
Where an accessory structure is attached to the principal building on a site by a
roof, it is considered part of the principal building.
(2)
Any accessory building that is not physically connected to the principal building is
to be located a minimum of 1.8 m (6 ft) from the principal building.
Hamlets:
(3)
In a hamlet, no accessory building shall be located within the front yard of any
parcel.
(4)
An accessory building shall be no more than 6.1 m (20 ft) in height.
(5)
In a hamlet, an accessory building shall be situated on an interior lot, so that the
exterior wall of the structure shall be at minimum 0.9 m (3 ft) from the side and
rear lot lines of the parcel.
(6)
Except in agricultural or recreational areas, no accessory building may be built on a
lot before a principal building or main use is developed on the lot.
(7)
In a hamlet, an accessory building on a corner lot shall be situated so that the side
yard which abuts the street shall be not less than the side yard of the principal
building.
(8)
In a hamlet, a garage shall be located so that the vehicle entrance doors shall be no
closer than 5.5 m (18 ft) to the property boundary upon which they open and shall
not project past the front façade of the building, whichever is greater.
(9)
In a hamlet, an accessory building erected on a site shall not be used as a dwelling.
(10)
In a hamlet, all accessory buildings, with the exception of greenhouses, shall be
constructed of materials of similar or superior quality to the principal building, to
provide a consistent appearance on the lot.
8.2
Communication Towers and Communication Structures
(1)
Nothing in this Bylaw will affect the ability of the Development Authority to permit
communication towers and communication structures to be constructed in any
district and prescribe height requirements, setbacks, and minimum separation
distances on a case-by-case basis.
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(2)
Construction of communication towers and communication structures will require
an application for a development permit.
8.3
Confined Feeding Operations
(1)
Some of the Clear Hills County lands are under Provincial and Federal jurisdiction.
(2)
All referrals for Confined Feeding Operations (CFO) shall be reviewed and decided
by the Development Authority on a site-specific basis; considering, but not limited
to, site selection, waste disposal, proximity to existing residential uses, the distance
from waterbody / course, and roads and highways.
(3)
Proposed CFOs are to conform to provisions within the Agricultural Operation
Practices Act, and Regulations including the Agricultural Operation Practices Act
(AOPA) R.S.A. 2000 C A-7; (AOPA) Board Administrative Procedures Regulation A.R.
268/2001; and (AOPA) Standards and Administration Regulation A.R. 267/2001, as
amended from time to time.
(4)
Additional Provincial policies need to be adhered to, including the release of
substances - referenced within S. 108 (1) (Releases of Substances Generally) of the
Environmental Protection and Enhancement Act R.S.A. 2000, c. E-12; drift
disturbance - referenced in S. 3 Disturbance Standards within the Public Lands Act
and Public Lands Administration Regulation A.R. 187/2011; and water protection -
referenced in Table 5 - Guidelines for the Application of Municipal Wastewater
Sludges to Agricultural Lands, Alberta Environment and Protected Areas March
2001 and S. 38 Issuance of Approvals, S. 42 Approval Amendments, S. 99 Terms of
Order, S. 105 Emergency Measures, S. 142 Offences within the Water Act R.S.A.
2000, c. W-3.
(5)
Maximum livestock numbers have been set through the AOPA regulations, based
on significant potential nuisance and environmental impact(s) and/or significant
investment in facility structure. The maximum numbers are intended to be used as
a guide for development permit applications. The Development Authority may
consider any number of livestock as confined. Applicants shall be required to
submit a specific application designed for confined feeding operations.
(6)
The affect of the CFO on infrastructure like power and the impact on roads from
vehicles moving material and goods to and from the site shall be taken into
consideration.
(7)
Community Engagement:
At the time of a formal CFO application, the applicant is required to demonstrate
that they have formed a committee of primarily adjacent landowners who will be
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requested to provide feedback on the proposed CFO, identifying any issues and/or
concerns.
(8)
Setbacks:
(a)
All setbacks apply to all of the lands within the County.
(b)
Consideration may be given by the Development Authority for the
reduction of setbacks, if the operator can propose and demonstrate long
term use of effective odour reducing technology best suited to the
operation and site specific conditions, to ensure that the CFO and its
associated activities do not interfere with existing and/or future land uses;
amenities of adjacent and nearby neighbours; and the use, enjoyment, and
value of adjacent and nearby properties.
(c)
100 m (328 ft) from parcel boundaries.
(d)
Communities:
(i)
Min. 3.2 km (2 mi) from a Town or Hamlet. This setback would be
measured from the CFO facility (includes both structures and farming
operation area) to the boundaries of the Town or Hamlet, as
described in the current Area Structure Plan (ASP).
(ii)
For expansion of existing CFOs, the setback requirement from a Town
or Hamlet may be waived. To minimize odours, prevailing winds are
to be considered in siting CFOs. All other requirements apply to the
consideration of the CFO expansion.
(e)
Rural Residential Use (non-urban):
(i)
3.2 km (2 mi) from a residence in a rural area to the CFO facility. A
dwelling associated with the operation of a CFO may be considered
by the Approval Authority within a setback from the CFO.
(f)
Environmentally Significant Features:
(i)
3.2 km (2 mi) from the identified "edge" of environmentally
significant features, including the Grimshaw Gravels Aquifer area and
any other identified aquifers within the County.
(g)
Intensive Recreation Areas:
(i)
3.2 km (2 mi) from the identified perimeter of the intensive
recreation area.
(h)
Road rights-of-way, including undeveloped road allowances:
(i)
152.4 m (500 ft)
(i)
Water bodies and water courses:
(i)
3.2 km (2 mi) from the top of the bank for water bodies, streams,
rivers, (and their tributaries) and from wetlands. The setback will be
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measured from the outer boundary of the wetland and, in the case
of a stream, the edge of the bank or water catchment area.
(9)
Landscaping and Screening:
Buffering shall be provided between the CFO site and the road, as well as adjacent
and nearby incompatible uses using existing trees, if possible, and other buffering
plants, berms, or materials.
8.4
Dwelling, Manufactured Home
(1)
All Dwelling, manufactured homes shall conform to the Alberta Building Code and
the provisions of this Bylaw.
(2)
In accordance with the Unsightly Premises Bylaw, all applications will require
photographs along with details of the wall material and a 10m spacing from
neighbouring establishments to prevent the risk of fire.
(3)
The under-covering of a dwelling, manufactured Home shall be completely
screened from view by the foundation or by skirting and shall be compatible in
condition and aesthetic appearance with the dwelling, manufactured home to the
satisfaction of the Development Authority.
(4)
The axles, wheels, running gear, and towing tongue shall be removed prior to the
final installation of the dwelling, manufactured Home. The home shall be secured
on piers, blocking, or a foundation to the satisfaction of the Development Authority.
(5)
All accessory structures, additions, porches, and skirting shall be of a condition and
aesthetic appearance equivalent to or better than the Dwelling, manufactured
Home.
(6)
The distance between dwelling, manufactured Homes shall be not less than 15 feet
apart within the Agricultural and Country Residential Districts and shall not be less
than 10 feet apart within the Hamlet Districts.
(7)
Dwelling, manufactured homes may be permitted on a temporary basis not
exceeding a six (6) month period, for use during the construction of a principal
dwelling on the property.
(8)
Where a dwelling, manufactured home is approved for a temporary period, an
application is required to the Development Authority, including photographs and
reasons for a requested time extension, not later than sixty (60) calendar days prior
to the expiry date of the temporary permit.
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8.5
Home Occupations
(1)
In hamlets, home occupations may be required to screen from view outside storage
of materials, commodities, or finished products.
(2)
Home occupations shall not create a nuisance by way of dust, noise, smell, smoke,
or traffic generation.
(3)
In hamlets, home occupations shall have no more than one sign per dwelling, the
size of which shall not exceed 1.1 m2 (12 ft2) in area.
8.6
Multi-Parcel Country Residential Subdivision
(1)
The County may require the developer to provide an Area Structure Plan (ASP) or
Outline Plan prior to submitting an application for a multi-parcel country residential
subdivision.
(2)
Multi-parcel country residential subdivisions shall not be permitted within:
(a)
1:100 year floodplain;
(b)
Within 0.8 km (0.5 mi) from the boundary of a parcel of land containing a
CFO; and
(c)
Within 0.8 km (0.5 mi) from the boundary of a parcel of land containing a
gravel extraction operation.
(3)
Development of areas considered environmentally sensitive by the County or
Alberta Environment and Protected Areas must minimize habitat destruction and
include mitigation measures to preserve topographical features such as riparian
zones thorough innovative subdivision site design.
8.7
Natural Resource Extraction and Gravel Pits
(1)
Proposed gravel pit operations shall adhere to the regulations set forth in Code of
Practice for Pits for Class 1, as per Alberta Environment and Protected Areas
requirements.
(2)
For sites over 5 ha (Class 1), applicants must refer to and register with Alberta
Environment and Protected Areas regulations and need to follow AEPA's Code of
Practice for Pits. If the AEPA is not followed by the applicant, the use is deemed as
resource extraction.
(3)
Class 2 pits (less than 5 ha) do not need to be registered with AEPA.
(4)
The following information shall be required by the Development Authority in
support of a development permit application for a gravel pit:
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(a)
If the proposed gravel pit operation is located in close proximity to a
highway, secondary roadway, valley, or dwelling, the Development
Authority may require the gravel pit operation to be screened from view.
(5)
All proposed oil/gas development shall require approval prior to construction,
either in the form of a development permit or letter of authorization with
conditions pertaining to the specific development. These conditions may vary due
to site-specific features, such as zoning, geography, the location of water (surface
or subsurface), other impacting features, or as required by the Development
Authority.
(6)
The following are guidelines pertaining to oil/gas development:
(a)
Sites are to comply with all regulations, as required by Alberta
Environment and Protected Areas and/or Alberta Energy Regulator
(A.E.R.);
(b)
All sites shall conform to any standards as set by the County;
(c)
All permanent structures, including well heads, shall be located a minimum
of 40.8 m (134 ft) from the property line adjacent to all surveyed road
allowances;
(d)
All sump pits shall be located a minimum of 20 m (66 ft) from the property
line adjacent to a surveyed road allowance;
(e)
All dirt/fill piles or temporary structures shall be placed to ensure
visibility when accessing the road allowance and shall be safely situated
on the site; and
(f)
Setbacks from sour gas facilities will be as directed by A.E.R. regulations.
8.8
Recreational Vehicle Parks
(1)
The construction and maintenance of all internal roads are to be the responsibility
of the landowner/developer. Internal roads shall have a minimum usable top of 6
m (20 ft), except for one-way roads, which shall have a minimum usable top of 3.7
m (12 ft).
(2)
Recreational vehicle or camping spaces shall have a minimum 3.65 m (12 ft) width
and a minimum length of 12.19 m (40 ft) resulting in a minimum area of 44.59 m2
(480 ft2). All such spaces shall be set back a minimum of 30.5 m (100 ft) from the
top of the bank of a water body / course.
(3)
As a condition of approval, the Development Authority shall require the developer
to obtain any necessary permits and approvals from all regulatory authorities and
agencies having jurisdiction over this type of development.
Clear Hills County
Land Use Bylaw No. 278-23
89
(4)
The Developer's Agreement or Notice of Decision may require the developer to
construct, upgrade, or pay to construct or upgrade the necessary County roads to
access the development.
(5)
The developer may designate an area equivalent to ten percent (10%) of the total
recreational vehicle park area as a playground. This area is to be clearly marked
and free from all traffic hazards.
8.9
Signs
(1)
No signs or advertising structures of a commercial, directional, or informative
nature shall be erected or placed 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; see Form J (Application for Sign Placement
on Private Land / Application for Sign Placement for Municipal Right-of-Way or
Municipal Reserve Land / Application for Sign Placement for a Recreational &
Community Facility and/or a Historic Landmark) in Appendix A.
(2)
All signs shall be kept in a safe, clean, and tidy condition and may be required to be
refurbished, repaired, or removed when not maintained.
(3)
The following signs do not require a sign placement approval:
(a)
Statutory or official notices of government authorities;
(b)
Outdoor signage for CHC owned facilities;
(c)
Traffic, public information, and directional signs authorized by the
Development Authority or Council;
(d)
Temporary signs for the sale of real estate, related to construction work
on a site, fund-raising campaigns or other, similar temporary signs;
(e)
Signs for traffic control devices;
(f)
Name and number signs on residential properties; and
(g)
Name of the farm or business in any of the following ways:
(i)
On the fence line of the access road into the farm site;
(ii)
As a free-standing sign located on the property within 40 m (131 ft)
of the farm entrance; or
(iii) Above the main entrance and mounted on posts that farm part of the
gate system.
(4)
The following types of signs will not be allowed:
(a)
Any sign that displays an intermittent, flashing, or rotating light;
Clear Hills County
Land Use Bylaw No. 278-23
90
(b)
Any sign which is flood lighted in such a manner as to cause interference
or create a hazard to the motoring public;
(c)
Any sign that has moving or rotating parts;
(d)
Any sign that bears a legend giving a command such as "stop, stop ahead,
turn, caution," etc., or any legend that in any way imitates a standard or
commonly used traffic control device;
(e)
Any sign that uses red or yellow as the background colour; and
(f)
Any portable sign that may be internally lit for use at night.
(5)
Identification Signs:
(a)
The maximum sign size permitted will be 3 m2 (32 ft2) and placed no closer
than 10 m (33 ft) to the edge of the highway right-of-way;
(b)
All signs shall be maintained in proper repair. The Development Authority
may require that any sign not kept in an acceptable condition be repaired
immediately or removed by the owner;
(c)
One standard identification sign shall be permitted on each parcel of land.
The sign shall indicate only the name of the business and the general type
of service offered; and
(d)
Signage adjacent to provincial roads and highways require Alberta
Transportation and Economic Corridors approval.
(6)
Directional Signs:
(a)
Subject to Alberta Transportation and Economic Corridors approval,
temporary signs may be permitted within the highway right-of-way to
indicate the location and identity of forestry, mining, oilfield exploration,
and other similar operations; and
(b)
Subject to Alberta Transportation and Economic Corridors approval,
businesses accessed from the highway may be permitted to install private
directional signs on the highway system at the access road junction.
(7)
Signs on Municipal Right-of-way and Municipal Reserve Land:
(a)
Unless otherwise specified, the maximum sign size will be 3 m2 (32 ft2) and
placed no closer than 10 m (30 ft) to the property line of the municipal
right-of-way;
(b)
Unless otherwise specified, the minimum setback from the sign will be 0.9
m (3 ft) from the municipal property line adjacent to a municipal road or
on municipal reserve land; and
(c)
All signs shall be maintained in proper repair. Any sign not maintained to
Clear Hills County standards will receive written notification identifying
Clear Hills County
Land Use Bylaw No. 278-23
91
required repairs to be completed within a specified time period. If no
action is taken to repair or remove the sign within the specified time
period, the County may repair or remove the sign and costs incurred will
be invoiced to the sign owner.
(8)
Historic Landmarks Signs:
(a)
For designated municipal historic buildings and sites, the number and size
of Identification and Directional signs permitted will be determined on a
site-specific basis by the Development Authority.
8.10
Waste Transfer Station
(1)
Waste transfer stations are owned by the County and operated by the North Peace
Regional Landfill Commission.
(2)
The Development Officer may require waste transfer stations to be properly fenced,
screened, or buffered from adjacent land uses.
(3)
A waste transfer station shall be setback 91.4 m (300 ft) from the rights-of-way of
all roads, including highways.
(4)
The Development Officer shall take into consideration how a waste transfer station
conforms to the County's overall plan for solid waste disposal for the municipality.
8.11
Work Camps
(1)
All work camps shall require a development permit application, regardless of the
length of time it is proposed to operate.
(2)
All development permit applications for work camps shall be accompanied by a
dimensioned site diagram, indicating proposed building locations, and specifying
the provisions being made for water supply, sewage, and garbage disposal.
(3)
All work camps shall conform to standards, as established by Alberta Health
Services (Alberta Work Camps Regulation under the Public Health Act).
Clear Hills County
Land Use Bylaw No. 278-23
92
SECTION 9: LAND USE DISTRICTS
Clear Hills County
Land Use Bylaw No. 278-23
93
SECTION 9: LAND USE DISTRICTS
9.1
Establishment and Classification of Land Use Districts
(1)
For the purpose of this Bylaw, all lands within Clear Hills County are divided into
Districts, and are classified in Table E.
(2)
District symbols - throughout this Bylaw, and any amendments thereto, a district
may be referred to either by its full name, or by its symbol.
(3)
District maps - Zoning district detail maps 1-13 (Schedule E) and Schedules B-D, as
amended from time to time, are considered part of this Bylaw. When there is a
dispute over the precise location of a boundary in any district as shown on the
district maps, the Council decision of a boundary location will be binding.
TABLE E: Land Use Districts
Section District Name
Symbol
Purpose
9.2
Crown Land Management District
CLM
To regulate land uses on Crown Land within Clear
Hills County.
9.3
Agricultural District - 1
AG-1
To regulate a wide range of agricultural land uses,
while discouraging all land uses conflicting, with the
intent of conserving extensive areas of prime
agricultural land, thus maintaining the agricultural
integrity and the rural character of the County.
9.4
Agricultural District - 2
AG-2
To regulate developments around urban centres.
9.5
Country Residential District - 1
CR-1
To regulate the development of single and multi-
parcel
country
residential
developments
and
associated uses in areas with low agricultural
productivity, as well as fragmented parcels less than
or equal to 13 ha (32 ac). Minor agricultural pursuits
may be supported within this district.
9.6
Country Residential District - 2
CR-2
To regulate the development of multi-residential
dwellings within NE 24 86 6 W6M.
9.7
Highway Development District
HD
To regulate developments adjacent to Provincial
highways.
Clear Hills County
Land Use Bylaw No. 278-23
94
Section District
Symbol
Purpose
9.8
Rural Industrial District
RI
To regulate industrial uses in a rural area.
9.9
Rural Recreational District
R-REC
To regulate development of intensive and extensive
recreational facilities and uses.
9.10
Hamlet General District
HG
To regulate a variety of uses in hamlets where land
use patterns are not readily discernible.
9.11
Hamlet Estate Residential District
HER
To regulate estate residential development within
established hamlets.
9.12
Hamlet Residential District
HR
To regulate residential uses in established hamlets
with the intention of restricting development to
dwellings, single-detached; and associated uses.
9.13
Hamlet Commercial District
HC
To regulate commercial developments within
established hamlets.
9.14
Hamlet Industrial District
HI
To
regulate
industrial
developments
within
established hamlets.
9.15
Hamlet Public/Institutional District
HP
To regulate the development of land within
established hamlets for uses of either a public or
private nature providing services to the community.
Use
Crown Management
District (CLM)
Agricultural District
(AG-1)
Agricultural District
(AG-2)
Country Residential
District 1
(CR-1)
Country Residential
District 2
(CR-2)
Highway Development
District (HD)
Rural Industrial
District (RI)
Rural Recreational
District (R-REC)
Hamlet General
District (HG)
Hamlet Estate
Residential District
(HER)
Hamlet Residential
(HR)
Hamlet Commercial
District (HC)
Hamlet Industrial
District
(HI)
Hamlet Public District
(HP)
# of Districts
Abattoir
D
D
2
Accessory building or structure
D
P
P
P
P
P
P
P
D
P
P
D
D
D
14
Agricultural industry
D
D
P
D
4
Agricultural use (restricted),
minor
D
1
Agricultural use, intensive
D
1
Agricultural use, minor
D
1
Auto body and service station
D
D
D
D
4
Automobile sales
D
D
D
3
Building or site storage facility
D
P
D
P
D
5
Bulk fuel sales or storage
P
D
D
D
4
Bus depot
D
D
D
3
Business, contractor / handicraft /
tradesman
D
D
P
D
D
D
D
7
Cabin
D
D
D
3
Campground
D
1
Car or truck wash
P
D
D
D
4
Cemetery
D
D
D
3
Cold storage facility
D
P
D
D
D
5
Communication tower with
building
P
D
D
3
Community hall or clubhouse
D
1
Dugout or water reservoir
D
P
P
D
4
Dwelling, caretaker's
D
D
D
P
D
D
D
7
Dwelling, manufactured home
P
P
P
P
P
P
6
Dwelling, modular home
P
P
P
P
P
P
6
Clear Hills County
Land Use Bylaw 287-23
The Land Use Matrix is meant for reference purposes only.
If there is a discrepancy between the matrix and the uses listed in a District, the District shall prevail.
95
Use
Crown Management District
(CLM)
Agricultural District (AG-1)
Agricultural District (AG-2)
Country Residential District 1
(CR-1)
Country Residential District 2
(CR-2)
Highway Development District
(HD)
Rural Industrial District (RI)
Rural Recreational District (R-
REC)
Hamlet General District (HG)
Hamlet Estate Residential
District (HER)
Hamlet Residential (HR)
Hamlet Commercial District
(HC)
Hamlet Industrial District
(HI)
Hamlet Public District (HP)
# of Districts
Dwelling, secondary suite
D
D
D
D
D
D
6
Dwelling, semi-detached
D
1
Dwelling, shouse
P
1
Dwelling, single detached
P
P
P
P
P
P
6
Dwelling, teacherage
D
1
Electrical facilities
D
D
D
3
Equipment rental shop
D
D
D
P
D
5
Farm building
P
P
P
3
Farmstead
P
P
2
Fire hall
D
1
Game farm
P
1
Grain elevator
D
1
Greenhouse
D
1
Group care facility
D
D
2
Heavy industrial manufacturing
D
D
D
3
Heliport
D
D
2
Highway maintenance yard
D
D
D
3
Home child care or home child
care facility
D
1
Home occupation
D
D
D
D
D
D
D
7
Hotel
P
D
D
3
Kennel
D
D
D
3
Clear Hills County
Land Use Bylaw 287-23
The Land Use Matrix is meant for reference purposes only.
If there is a discrepancy between the matrix and the uses listed in a District, the District shall prevail.
96
Use
Crown Management
District (CLM)
Agricultural District
(AG-1)
Agricultural District
(AG-2)
Country Residential
District 1
(CR-1)
Country Residential
District 2
(CR-2)
Highway
Development
District (HD)
Rural Industrial
District (RI)
Rural Recreational
District (R-REC)
Hamlet General
District (HG)
Hamlet Estate
Residential District
(HER)
Hamlet Residential
(HR)
Hamlet Commercial
District (HC)
Hamlet Industrial
District
(HI)
Hamlet Public
District (HP)
# of Districts
Laundry facility
D
D
D
3
Light industrial manufacturing
P
D
D
3
Lumber yard
P
D
2
Machine shop
P
D
2
Manufactured home park
P
1
Manufactured home park office
P
1
Market garden
D
D
D
3
Motel
P
D
D
3
Natural resource extraction or
processing industry
D
D
D
3
Office
P
D
D
3
Park or playground
P
P
2
Petro-cardlock facility
P
P
D
3
Public / Institutional building or
use
P
P
D
D
D
D
D
D
D
D
D
D
12
Public utility
P
P
D
D
D
P
D
D
D
9
Recreational building or use
D
D
D
3
Recreational facility and use,
intensive and extensive
D
1
Recreational vehicle park
D
1
Repair shop
D
1
Restaurant
P
D
D
3
Salvage and/or auto wrecking
yard
D
D
2
Sawmill or planing mill
D
D
D
D
4
Sea can
D
D
D
P
D
D
D
7
Seniors' housing
D
D
2
Clear Hills County
Land Use Bylaw 287-23
The Land Use Matrix is meant for reference purposes only.
If there is a discrepancy between the matrix and the uses listed in a District, the District shall prevail.
97
Service station
P
1
Use
Crown Management District
(CLM)
Agricultural District (AG-1)
Agricultural District (AG-2)
Country Residential District 1
(CR-1)
Country Residential District 2
(CR-2)
Highway Development District
(HD)
Rural Industrial District (RI)
Rural Recreational District (R-
REC)
Hamlet General District (HG)
Hamlet Estate Residential
District (HER)
Hamlet Residential (HR)
Hamlet Commercial District
(HC)
Hamlet Industrial District
(HI)
Hamlet Public District (HP)
# of Districts
Singular sign
P
P
P
P
P
P
P
P
P
P
P
P
12
Store
D
D
D
P
D
D
D
7
Sewage treatment facility
D
D
D
3
Transloading facility
D
D
2
Truck stop
P
1
Trucking operation or freight
terminal
P
D
2
Truck parking lot
D
1
Vehicle weigh scale
D
P
2
Veterinary clinic
D
D
2
Walking trail
D
1
Warehouse
P
D
D
3
Waste transfer station
D
D
2
Water treatment facility
D
D
D
3
Welding shop
D
D
D
P
D
5
Work camp
P
D
D
3
83
15
39
30
14
10
24
31
7
23
9
13
22
26
9
Clear Hills County
Land Use Bylaw 287-23
The Land Use Matrix is meant for reference purposes only.
If there is a discrepancy between the matrix and the uses listed in a District, the District shall prevail.
98
Clear Hills County
Land Use Bylaw No. 278-23
100
9.2
Crown Land Management District (CLM)
(1)
GENERAL PURPOSE:
The general purpose of this district is to regulate land uses on Crown Land within
Clear Hills County.
(2)
USES:
No person shall use any lot or erect, alter, or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Communication tower with building
-
Accessory building or structure
-
Public / institutional building or use
-
Campground
-
Public utility
-
Dugout or water reservoir
-
Singular sign
-
Fire hall
-
Work camp
-
Home occupation
-
Market garden
-
Natural resource extraction or
processing industry
-
Recreational building or use
-
Store
-
Water treatment facility
(3)
SITE PROVISIONS:
In addition to the General Land Use Provisions and Special Land Use Provisions
contained in Sections 7 and 8, the following regulations shall apply to every
development in this district.
Minimum Lot Areas:
As required by the Development Authority, based on the nature of the proposed
use, servicing requirements, and impacts on surrounding land uses and the
environment.
(4)
ADDITIONAL REQUIREMENTS:
(a)
A development permit may be issued for development on Crown Land
subject to a disposition being obtained from Alberta Environment and
Protected Areas.
Clear Hills County
Land Use Bylaw No. 278-23
101
(b)
The Site Provisions and General Requirements that apply to a development
in any other district may be referred to in evaluating a development in the
Crown Land Management District (CLM).
(c)
Any Crown Land sold or otherwise converted to private ownership shall,
immediately upon transfer from the Crown, be designated as a land use
district that, in the opinion of the Development Authority, is compatible
with surrounding land uses.
Clear Hills County
Land Use Bylaw No. 278-23
102
9.3
Agricultural District - 1 (AG-1)
(1)
PURPOSE:
The purpose of this agricultural district is to regulate a wide range of agricultural
land uses, while discouraging all land uses conflicting with the intent of conserving
extensive areas of prime agricultural land, thus maintaining the agricultural
integrity and the rural character of the County.
(2)
USES:
No person shall use any lot or erect, alter or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Accessory building or structure
-
Abattoir
-
Dugout or water reservoir
-
Agricultural industry
-
Dwelling, manufactured home / modular
home / single-detached
-
Agricultural use, intensive
-
Farm building
-
Building or site storage facility
-
Farmstead
-
Business, contractor / handicraft
/ tradesman
-
Game Farm
-
Cabin
-
Public / institutional building or use
-
Cemetery
-
Public utility
-
Communication
tower
with
building
-
Singular sign
-
Dwelling,
caretaker's
/
secondary suite
-
Electrical Facilities
-
Equipment rental shop
-
Heliport
-
Highway maintenance yard
-
Home occupation
-
Kennel
-
Natural resource extraction or
processing industry
-
Recreational building or use
-
Sawmill or planning mill
-
Sea can
-
Sewage treatment facility
-
Store
Clear Hills County
Land Use Bylaw No. 278-23
103
Permitted Uses:
-
Discretionary Uses:
-
Vehicle weigh scale
-
Veterinary clinic
-
Waste transfer station
-
Water treatment facility
-
Welding shop
-
Work camp
(3)
SITE PROVISIONS:
In addition to the General Land Use Provisions and Special Land Use Provisions
contained in Sections 7 and 8, the following regulations shall apply to every
development in this district:
(a)
Parcel Size:
(i)
Residential uses:
1.
Farmstead Separation: 1.2 ha (3 ac) minimum, 4 ha (10 ac)
maximum.
2.
Country Residential: 4.05 ha (10 ac) maximum.
3.
In the case of parcels larger than the permitted parcel size,
the approval is at the discretion of the Development
Authority, based on the need to accommodate related farm
buildings, improvements, existing and proposed services,
and site characteristics.
(ii)
All other uses:
To be determined by the Development Authority, based on the use.
(b)
Dwelling Density Per Parcel (maximum):
(i)
One (1) dwelling unit shall be permitted.
(ii)
Additional residential development shall be at the discretion of the
Municipal Planning Commission, subject to Section 7.5.
(c)
Parcel Density (Subdivision) Per Quarter Section (maximum):
(i)
One (1) parcel, being the quarter section.
(ii)
In the case of a farmstead or a country residential subdivision, the
maximum parcel density per quarter section shall be increased to
two (2) parcels.
(iii)
For uses other than residential: Maximum parcel density shall be at
the discretion of the Development Authority.
(iv)
Notwithstanding the above, the parcel density may be increased to
accommodate a fragmented parcel and/or a public utility lot.
Clear Hills County
Land Use Bylaw No. 278-23
104
(v) Parcel density for multi-parcel country residential proposals shall be
at the discretion of the Development Authority.
(d)
Setback Requirements (minimum):
(i)
Front Yard: 40.8 m (134 ft) from road right-of-way.
(ii)
Side Yard: 15.2 m (50 ft) or as required by the Development
Authority.
(iii)
Rear Yard: 15.2 m (50 ft) or as required by the Development
Authority.
Clear Hills County
Land Use Bylaw No. 278-23
105
9.4
Agricultural District - 2 (AG-2)
(1)
PURPOSE:
The purpose of this Agricultural District is to regulate development around urban
centres.
(2)
USES:
No person shall use any lot or erect, alter, or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Accessory building or structure
-
Agricultural industry
-
Dugout or water reservoir
-
Cabin
-
Dwelling, manufactured home /
modular home / single-detached
-
Cemetery
-
Farm building
-
Communication tower with building
-
Farmstead
-
Community hall or clubhouse
-
Singular sign
-
Dwelling, caretaker's / secondary suite
-
Electrical Facilities
-
Equipment rental shop
-
Heliport
-
Highway maintenance yard
-
Home occupation
-
Kennel
-
Public / institutional building or use
-
Sawmill or planning mill
-
Sea can
-
Sewage treatment facility
-
Store
-
Veterinary clinic
-
Waste transfer station
-
Water treatment facility
-
Welding shop
(3)
SITE PROVISIONS:
In addition to the General Land Use Provisions and Special Land Use Provisions
contained in Sections 7 and 8, the following regulations shall apply to every
development in this district:
(a)
Parcel Size:
Clear Hills County
Land Use Bylaw No. 278-23
106
(i)
All uses:
To be determined by the Development Authority.
(b)
Dwelling Density Per Parcel (maximum):
(i)
One (1) dwelling unit shall be permitted.
(ii)
Additional residential development shall be at the discretion of the
Municipal Planning Commission, subject to Section 7.5.
(c)
Parcel Density (Subdivision) Per Quarter Section (maximum):
(i)
One (1) parcel, being the quarter section.
(ii)
In the case of a farmstead or a country residential subdivision, the
maximum parcel density per quarter section shall be increased to
two (2) parcels.
(iii)
For uses other than residential: Maximum parcel density shall be at
the discretion of the Development Authority.
(iv)
Notwithstanding the above, the parcel density may be increased to
accommodate a fragmented parcel and/or a public utility lot.
Parcel density for multi-parcel country residential proposals shall be at the
discretion of the Development Authority.
(d)
Setback Requirements (minimum):
(i)
Front Yard: 40.8 m (134 ft) from road right-of-way.
(ii)
Side Yard: 15.2 m (50 ft) or as required by the Development
Authority.
(iii) Rear Yard: 15.2 m (50 ft) or as required by the Development
Authority.
Clear Hills County
Land Use Bylaw No. 278-23
107
9.5
Country Residential District - 1 (CR-1)
(1)
PURPOSE:
The purpose of this district is to regulate the development of single and multi-parcel
country residential developments and associated uses in areas with low agricultural
productivity, as well as fragmented parcels less than or equal to 13 ha (32 ac). Minor
agricultural pursuits may be supported within this district.
(2)
USES:
No person shall use any lot or erect, alter, or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Accessory building or structure
-
Agricultural use, minor
-
Dwelling,
manufactured
home
/
modular home / single-detached
-
Dugout or water reservoir
-
Park or playground
-
Dwelling, secondary suite
-
Singular sign
-
Group Care Facility
-
Home occupation
-
Market garden
-
Public / institutional building or use
-
Seniors' housing
(3)
SITE PROVISIONS:
(a)
Parcel Size:
(i)
Country Residential with on-site servicing:
1.
Minimum: 1.2 ha (3 ac)
2.
Maximum: 4.05 ha (10 ac)
(ii)
Country Residential with County servicing
1.
Minimum: 0.4 ha (1 ac)
2.
Maximum: 2 ha (5 ac)
(iii)
For parcels larger than the permitted size, approvals are at the
discretion of the Development Authority.
(iv)
All other uses:
Are to be determined by the Development Authority.
(b)
Parcel Density (subdivision) Per Quarter Section (maximum):
(i)
Residential Use:
1. One Country residential parcel per quarter section or lot.
2. Parcel density for multi-parcel country residential proposals shall
be at the discretion of the Development Authority.
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Land Use Bylaw No. 278-23
108
(ii)
All other uses: As required by the Development Authority.
(c)
Access to individual lots in all cases shall be from an internal collector service
road(s) constructed for the subdivision, unless there are three or fewer
parcels on any particular roadway.
(d)
Setback Requirements from an internal subdivision road (minimum):
(i)
Front Yard: 15.2 m (50 ft) or as required by the Development
Authority.
(ii)
Side Yard: 7.6 m (25 ft) or as required by the Development Authority.
(iii)
Rear Yard: 7.6 m (25 ft) or as required by the Development Authority.
Notwithstanding the above, all parcels bordering a primary, secondary or
rural road shall have a minimum setback of 40.8 m (134 ft).
(e)
Developments within the Country Residential (CR) District shall comply with
the provisions for multi-parcel country residential Subdivisions in Section 8.6
under the Special Land Use Provisions of this Bylaw.
(4)
ADDITIONAL REQUIREMENTS:
(a)
When reviewing an application for subdivision or a development permit, the
Development Authority may consider the following:
(i)
The provision of an internal subdivision road;
(ii)
Development of parks and recreation areas;
(iii)
Site drainage;
(iv)
Water supply and other services; and/or
(v)
Water supply for firefighting purposes.
(b) In the case of multi-parcel country residential proposals, the Development
Authority may also require an approved Area Structure Plan or an Outline
Plan.
Clear Hills County
Land Use Bylaw No. 278-23
109
9.6
Country Residential District - 2 (CR-2)
(1)
PURPOSE:
The purpose of this district is to regulate the development of multi-residential
dwellings within NE 24-86-06-W6M.
(2)
USES:
No person shall use any lot or erect, alter or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Accessory building or structure
-
Agricultural use (restricted), minor
-
Dwelling, manufactured home /
modular home / single-detached
-
Dwelling, secondary suite
-
Park or playground
-
Home occupation
-
Singular sign
-
Public / institutional building or use
(3)
SITE PROVISIONS:
In addition to the General Land Use Provisions and Special Land Use Provisions
contained in Sections 7 and 8, the following regulations shall apply to every
development in this district:
(a)
Parcel Area (minimum): 3.6 ha (9 ac)
Parcel width (minimum): 100 m (328 ft)
(b)
Setback requirements from an internal subdivision road (minimum):
(i)
Front yard: 15.2 m (50 ft) or as required by the Development
Authority.
(ii)
Side Yard: 7.6 m (25 ft) or as required by the Development
Authority.
(iii)
Rear Yard: 7.6 m (25 ft) or as required by the Development
Authority.
(4)
ADDITIONAL REQUIREMENTS:
(a)
A maximum of two large farm animals (i.e., Sheep, horses, cows, pigs) per
lot may be allowed to be kept in the Country Residential (CR-2) District.
Such animals must be kept on a non-commercial basis and must be
maintained in a manner that will not cause a nuisance or detract from the
appearance of the Country Residential (CR-2) District.
Clear Hills County
Land Use Bylaw No. 278-23
110
(b)
Any barns or structures to accommodate animals, or any other form of
accessory building or structure, shall have a minimum setback of 30.5 m
(100 ft) from the lot line with any adjacent property, unless otherwise
agreed to by the Development Authority.
(c)
No future dugout or water reservoir shall be permitted within the Country
Residential (CR-2) District.
(d)
A water body / course buffer protection area is established in the
southeastern corner of the quarter section to ensure that no future
development is permitted within 100 m (328 ft) of the Eureka River.
Clear Hills County
Land Use Bylaw No. 278-23
111
9.7
Highway Development District (HD)
(1)
PURPOSE:
The purpose of this district is to regulate developments adjacent to Provincial
highways and serve the travelling public.
(2)
USES:
No person shall use any lot or erect, alter, or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Accessory building or structure
-
Auto body and service station
-
Car or truck wash
-
Automobile sales
-
Farm building
-
Business, contractor / handicraft /
tradesman
-
Hotel
-
Cold storage facility
-
Motel
-
Dwelling, caretaker's
-
Petro-cardlock facility
-
Equipment rental shop
-
Restaurant
-
Heavy industrial manufacturing
-
Service station
-
Highway maintenance yard
-
Singular sign
-
Laundry facility
-
Store
-
Public / institutional building or use
-
Truck stop
-
Sea can
-
Vehicle weigh scale
-
Welding shop
(3)
SITE PROVISIONS:
In addition to the General Land Use Provisions and Special Land Use Provisions
contained in Sections 7 and 8; the following regulations shall apply to every
development in this district.
(a)
Parcel Size:
(i)
As required by the Development Authority.
(b)
Setback Requirements:
(i)
Front Yard: As specified by Alberta Transportation and Economic
Corridors but in no case less than 40.8 m (134 ft) from road right-of-
way.
(ii)
Notwithstanding the above, on internal or service roads, the
minimum shall be 7.6 m (25 ft) or greater as required by the
Development Authority.
Clear Hills County
Land Use Bylaw No. 278-23
112
(iii)
Side Yard: 6.1 m (20 ft) or as required by the Development
Authority.
(iv)
Rear Yard: 6.1 m (20 ft) or as required by the Development
Authority.
(4)
ADDITIONAL REQUIREMENTS:
Access and egress shall normally be provided by way of the service road, or to the
satisfaction of Alberta Transportation and Economic Corridors.
Clear Hills County
Land Use Bylaw No. 278-23
113
9.8
Rural Industrial District (RI)
(1)
PURPOSE:
The purpose of this district is to regulate industrial uses in a rural area.
(2)
USES:
No person shall use any lot or erect, alter or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Accessory building or structure
-
Abattoir
-
Agricultural industry
-
Car or truck wash
-
Building or site storage facility
-
Electrical Facilities
-
Bulk fuel sales or storage
-
Heavy industrial manufacturing
-
Business, contractor / handicraft /
tradesman
-
Natural
resource
extraction
or
processing industry
-
Cold storage facility
-
Public / institutional building or use
-
Dwelling, caretaker's / shouse
-
Public utility
-
Equipment rental shop
-
Salvage and/or auto wrecking yard
-
Light industrial manufacturing
-
Sawmill or planing mill
-
Lumber yard
-
Sewage treatment facility
-
Machine shop
-
Transloading facility
-
Office
-
Work camp
-
Petro-cardlock facility
-
Sea can
-
Singular sign
-
Trucking operation or freight terminal
-
Warehouse
-
Welding shop
(3)
SITE PROVISIONS:
In addition to the General Land Use Provisions and Special Land Use Provisions
contained in Sections 7 and 8; the following regulations shall apply to every
development in this district.
(a)
Parcel Size:
Maximum parcel size: As per the discretion of the Development Authority.
(b)
Setback Requirements (minimum):
(i)
Front Yard: 7.6 m (25 ft) or as required by the Development
Authority.
Clear Hills County
Land Use Bylaw No. 278-23
114
(ii)
Interior Side Yard: 10% of site width, or 6.1 m (20 ft), whichever is
lesser.
(iii)
Exterior Side Yard: As required by the Development Authority.
(iv)
Rear Yard: 7.6 m (25 ft) or as required by the Development
Authority.
(4)
ADDITIONAL REQUIREMENTS:
(a)
When issuing a development permit for proposed rural industrial uses, the
following factors shall be taken into consideration:
(i)
There is adequate legal and physical access to appropriate
transportation facilities.
(ii)
There will be no significant negative impacts on the road system and
traffic generation.
(iii)
The site is suitable for on-site sewage disposal and water supply.
(iv)
Development may not be permitted on better agricultural lands.
(v)
Avoidance of on-site hazards and other environmental issues.
(b)
In case of multi-parcel industrial proposals, the Development Authority
may require an approved Area Structure Plan or an Outline Plan.
Clear Hills County
Land Use Bylaw No. 278-23
115
9.9
Rural Recreational District (R-REC)
(1)
PURPOSE:
The purpose of this district is to regulate development of intensive and extensive
recreational facilities and uses.
(2)
USES:
No person shall use any lot or erect, alter, or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Accessory building or structure
-
Cabin
-
Dwelling, caretaker's
-
Public utility
-
Recreational building or use
-
Recreational facility and use, intensive
and extensive
-
Recreational vehicle park
(3)
SITE PROVISIONS:
In addition to the General Land Use Provisions and Special Land Use Provisions
contained in Sections 7 and 8, the following regulations shall apply to every
development in this district:
(a)
Parcel Size (minimum): As required by the Development Authority.
(b)
Setback Requirements (minimum):
(i)
Front Yard: 40.8 m (134 ft) from road right-of-way.
(ii)
Interior Side Yard: 10% of the width of site or 1.5 m (5 ft).
(iii) Exterior Side Yard: 3.0 m (10 ft) or as required by the Development
Authority.
(iv) Rear Yard: 7.6 m (25 ft) or as required by the Development Authority.
(4)
ADDITIONAL REQUIREMENTS:
The location of all points of access and egress are to be to the satisfaction of the
Development Authority.
Clear Hills County
Land Use Bylaw No. 278-23
116
9.10
Hamlet General District (HG)
(1)
PURPOSE:
The purpose of this district is to regulate a variety of uses within hamlets where
land use patterns are not readily discernible.
(2)
USES:
No person shall use any lot or erect, alter, or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Singular sign
-
Accessory building or structure
-
Auto body & service station
-
Automobile sales
-
Building or site storage facility
-
Bulk fuel sales or storage
-
Bus depot
-
Business, contractor / handicraft /
tradesman
-
Cold storage facility
-
Dwelling, caretaker's
-
Grain elevator
-
Hotel
-
Laundry facility
-
Light industrial manufacturing
-
Motel
-
Office
-
Public / institutional building or use
-
Public utility
-
Repair shop
-
Restaurant
-
Sea can
-
Store
-
Warehouse
Clear Hills County
Land Use Bylaw No. 278-23
117
(3)
SITE PROVISIONS:
In addition to the General Land Use Provisions and Special Land Use Provisions
contained in Sections 7 and 8, the following regulations shall apply to every
development in this district:
(a)
Parcel Size (minimum): As required by the Development Authority.
(b)
Setback Requirements (minimum):
(i)
Front Yard: As required by the Development Authority.
(ii)
Side Yard: As required by the Development Authority.
(iii) Rear Yard: As required by the Development Authority.
(c)
Total Floor Area: As required by the Development Authority.
Clear Hills County
Land Use Bylaw No. 278-23
118
9.11
Hamlet Estate Residential District (HER)
(1)
PURPOSE:
The purpose of this district is to regulate estate residential uses within established
hamlets, with the intention of restricting development to dwellings, single-
detached; and associated uses on large lots.
(2)
USES:
No person shall use any lot or erect, alter, or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Accessory building or structure
-
Dwelling, secondary suite
-
Dwelling, manufactured home /
modular home / single-detached
-
Home occupation
-
Singular sign
-
Public / institutional building or use
-
Store
(3)
SITE PROVISIONS:
In addition to the General Land Use Provisions and Special Land Use Provisions
contained in Sections 7 and 8, the following regulations shall apply to every
development in this district.
(a)
Parcel Size (minimum): 1,600m2 (17,222.8 ft2)
0.16 ha (0.4 ac)
(b)
Lot Width (minimum):
(i)
On a cul-de-sac
15 m (49.2 ft)
(ii)
On a curved road
20 m (65.6 ft)
see Figure 9 (Lot Width on curved Lot Frontage) for the explanation
note.
(iii)
On a straight road
40 m (131.2 ft)
(c)
Lot Depth (minimum):
(i)
On a cul-de-sac
31.3 m (102.7 ft)
(ii)
On a curved road
31.3 m (102.7 ft)
(iii)
On a straight road
40 m (131.2 ft)
Clear Hills County
Land Use Bylaw No. 278-23
119
(d)
Setback Requirements (minimum):
(i)
Front Yard: 9.14 m (30 ft)
(ii)
Interior Side Yard: 10% of the width of site but no less than 4.57 m
(15 ft).
(iii)
Exterior Side Yard: (For corner lots) 7.62 m (25 ft) or as required by
the Development Authority.
(iv)
Rear Yard: 7.62 m (25 ft) or as required by the Development
Authority.
(4)
DESIGN, CHARACTER, AND APPEARANCE OF BUILDINGS:
(a)
Buildings may be either of new construction or relocated.
(b)
Where a dwelling, manufactured home is placed on a basement, solid
footings, and a concrete or wood block foundation, wall or skirting shall be
to the satisfaction of the Development Authority.
(c)
The Development Authority may require proposed new dwellings to locate
a front attached garage adjacent to the garage on the adjoining property,
which is not to project farther than the front façade of the house.
(5)
ADDITIONAL REQUIREMENTS:
(a)
No accessory buildings, including detached garages, shall be permitted to
be situated within the required front yard setback for the principal building
of the appropriate district.
(b)
The total site coverage on a parcel, including accessory buildings, shall not
exceed 45% of the total site area.
Clear Hills County
Land Use Bylaw No. 278-23
120
9.12
Hamlet Residential District (HR)
(1)
PURPOSE:
The purpose of this district is to regulate residential uses in established hamlets,
with the intention of restricting development to appropriate dwellings and
associated uses.
(2)
USES:
No person shall use any lot or erect, alter, or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Accessory structure or building
-
Dwelling, secondary suite / semi-
detached
-
Building or site storage facility
-
Group care facility
-
Dwelling, manufactured home /
modular home / single-detached
-
Home childcare or home childcare
facility
-
Manufactured home park
-
Seniors' housing
-
Manufactured home park office
-
Public utility
(3)
SITE PROVISIONS:
In addition to the General Land Use Provisions and Special Land Use Provisions
contained in Sections 7 and 8, no person shall use any lot or erect, alter, or use any
building or structure, unless such lot is served by a public water system and a
sanitary sewer system, except in accordance with the following provisions:
(a)
Parcel Size (minimum):
(i)
Permitted Uses:
1.
Un-serviced lot:
1,858 m2 (20,000 ft2)
Minimum width of 30.5 m (100 ft)
2.
Fully Serviced Lot:
465 m2 (5,000 ft2)
Minimum width of 15.2 m (50 ft)
(ii)
Discretionary Uses:
As required by the Development Authority.
Note:
Development on existing substandard lots may be considered by
the Development Authority.
Clear Hills County
Land Use Bylaw No. 278-23
121
(b)
Dwelling Lot Sizes (minimum):
Dwelling Type
Area of Site (min)
Lot Width (min.)
Lot Depth (min.)
Dwelling,
apartment:
929 m2
(10,000 ft2)
Dwelling, duplex:
613.1 m2
(6,600 ft2)
18.2 m
(60 ft)
33.5 m
(110 ft)
Dwelling, row house
(min. 3 units):
Site min. area
587.9 m2
(6,328 ft2)
Interior unit min.
123.4 m2
(1,328 ft2)
Exterior unit min.
232 m2 (2,500 ft2)
Interior unit min.
5.2 m (17 ft)
Exterior unit min.
9.8 m (32 ft)
23.8 m
(78 ft)
Dwelling, semi-
detached:
378.1 m2
(4,070 ft2)
11.2 m
(37 ft)
33.5 m
(110 ft)
Dwelling, triplex:
743.2 m2
(8,000 ft2)
24.4 m
(80 ft)
33.5 m
(110 ft)
Other Uses:
At the discretion of the Development Authority.
(c)
Setback Requirements (minimum):
(i)
Front Yard: 7.6 m (25 ft)
(ii)
Interior Side Yard: 10% of the width of site but no less than 1.5 m (5
ft).
(iii)
Exterior Side Yard: (For corner lots) 3.0 m (10 ft) or as required by
the Development Authority.
(iv)
Rear Yard: 7.6 m (25 ft) or as required by the Development
Authority.
(4)
DESIGN, CHARACTER, AND APPEARANCE OF BUILDINGS:
(a)
Buildings may be either of new construction or relocated.
(b)
Where a dwelling, manufactured home is placed on a basement, solid
footings, and a concrete or wood block foundation, wall or skirting shall be
to the satisfaction of the Development Authority.
Clear Hills County
Land Use Bylaw No. 278-23
122
(c)
The Development Authority may require proposed new dwellings to locate
a front attached garage adjacent to the garage on the adjoining property,
which is not to project farther than the front façade of the house.
(5)
ADDITIONAL REQUIREMENTS:
(a)
No accessory buildings, including detached garages, shall be permitted to
be situated within the required front yard setback for the principal building
of the appropriate district.
(b)
The total site coverage on a parcel, including accessory buildings, shall not
exceed 45% of the total site area.
(c)
The distance between two dwelling, row house units facing each other
shall be a minimum of 27.4 m (90 ft).
(d)
The distance between two dwelling, row house units backing onto each
other shall be a minimum of 33.5 m (110 ft).
(e)
A minimum of 10 percent of a lot containing a dwelling, apartment or a
dwelling, row house is to be devoted to landscaped open space. A
maximum of 50 percent of this landscaped open space may include
recreational and playground equipment.
(f)
Notwithstanding the above regulations, any multi-family projects shall
satisfy the Development Officer such as:
(i)
Provision for garbage storage, with appropriate access;
(ii)
Access for fire engines;
(iii)
Adequate lighting between buildings;
(iv)
Privacy for dwelling units in and adjacent to development;
(v)
Orientation of buildings and general appearance of project;
(vi)
Safe pedestrian access to and from the public sidewalk fronting
the building; and
(vii)
Adequate lighting of parking areas.
(g)
Side Yard Width (minimum):
(i)
Dwelling, apartment; dwelling, row house: 4.5 m (15 ft)
(ii)
Dwelling, duplex; dwelling, semi-detached; dwelling, triplex:
Interior side yard: 1.5 m (5 ft)
Exterior side yard: 4.5 m (15 ft)
(iii)
In a laneless subdivision at least one yard shall be a minimum of 3
m (10 ft).
Clear Hills County
Land Use Bylaw No. 278-23
123
(h)
Building Height (maximum):
(i)
2 storey or 9.1 m (30 ft) for dwelling, row house; dwelling, duplex
and dwelling, semi-detached.
(ii)
3 storey or 10.7 m (35 ft) for dwelling, triplex.
(i)
Density (maximum): 89 units per net ha (36 units per net ac).
(j)
Accessory Buildings and Uses:
(i)
No accessory building or structure shall be located in any yard other
than an interior side yard or rear yard;
(ii)
No accessory building or structure shall be located closer than 1 m
(3 ft) from any side lot line or rear lot line, except in a laneless
subdivision whereby no rear yard setback is required; and
(iii)
In the case of a garage, where direct access from the vehicle
entrance of a garage to a street or lane exists, then a 4.8 m (16 ft)
setback from this entrance and the side street or lane shall be
required.
Clear Hills County
Land Use Bylaw No. 278-23
124
9.13
Hamlet Commercial District (HC)
(1)
PURPOSE:
The purpose of this district is to regulate commercial development within hamlets.
(2)
USES:
No person shall use any lot or erect, alter, or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Singular sign
-
Accessory building or structure
-
Auto body & service station
-
Automobile sales
-
Bulk fuel sales or storage
-
Bus depot
-
Business,
contractor
/handicraft/
tradesman
-
Car or truck wash
-
Cold storage facility
-
Dwelling, caretaker's
-
Greenhouse
-
Hotel
-
Kennel
-
Laundry facility
-
Market garden
-
Motel
-
Office
-
Public / institutional building or use
-
Public utility
-
Restaurant
-
Sea can
-
Store
(3)
SITE PROVISIONS:
In addition to the General Land Use Provisions and Special Land Use Provisions
contained in Sections 7 and 8, the following regulations shall apply to every
development in this district:
(a)
Parcel Size (minimum): As required by the Development Authority.
Clear Hills County
Land Use Bylaw No. 278-23
125
(b)
Setback Requirements (minimum):
(i)
Front Yard: 7.6 m (25 ft), or as required by the Development
Authority.
(ii)
Side Yard:
1.
Interior side yard: 1.5 m (5 ft). None required if fire wall
provided.
2.
Exterior side yard: (For corner lots) 3 m (10 ft)
3.
Side adjacent to residential site: 3 m (10 ft)
(iii)
Rear yard: 3.0 m (10 ft) or as required by the Development
Authority.
(iv)
Adjacent properties: None required where a fire wall is provided,
but when a side yard is provided, it shall be a minimum of 1.5 m (5
ft).
(v)
Site adjacent to highway: As required by the Development Authority
and Alberta Transportation and Economic Corridors.
Clear Hills County
Land Use Bylaw No. 278-23
126
9.14
Hamlet Industrial District (HI)
(1)
PURPOSE:
The purpose of this district is to regulate industrial developments within established
hamlets.
(2)
USES:
No person shall use any lot or erect, alter or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Singular sign
-
Accessory building or structure
-
Agricultural industry
-
Auto body & service station
-
Building or site storage facility
-
Bulk fuel sales or storage
-
Bus depot
-
Business, contractor / handicraft /
tradesman
-
Car or truck wash
-
Cold storage facility
-
Equipment rental shop
-
Heavy industrial manufacturing
-
Light industrial manufacturing
-
Lumber yard
-
Machine shop
-
Petro-cardlock facility
-
Public / institutional building or use
-
Public utility
-
Salvage and/or auto wrecking yard
-
Sawmill or planing mill
-
Sea can
-
Transloading facility
-
Trucking operation or freight terminal
-
Truck parking lot
-
Warehouse
-
Welding shop
Clear Hills County
Land Use Bylaw No. 278-23
127
(3)
SITE PROVISIONS:
In addition to General Land Use Provisions and Special Land Use Provisions
contained in Sections 7 and 8, the following regulations shall apply to every
development in this district:
(a)
Parcel Size (minimum): As required by the Development Authority.
(b)
Setback Requirements (minimum):
(i)
Front Yard: 9.1 m (30 ft) or as required by the Development
Authority.
(ii)
Side Yard: 9.1 m (30 ft) or as required by the Development Authority.
(iii) Rear Yard: As required by the Development Authority.
(c)
Total Floor Area: As required by the Development Authority.
Clear Hills County
Land Use Bylaw No. 278-23
128
9.15
Hamlet Public District (HP)
(1)
PURPOSE:
The purpose of this district is to regulate the development of lands within
established hamlets for uses of either a public or private nature providing services
to the community.
(2)
USES:
No person shall use any lot or erect, alter, or use any building or structure for any
purpose, except one or more of the following:
(a) Permitted Uses:
(b) Discretionary Uses:
-
Singular sign
-
Accessory building or structure
-
Business, contractor / handicraft /
tradesman
-
Cemetery
-
Dwelling, teacherage
-
Home occupation
-
Public / institutional building or use
-
Public utility
-
Walking trail
(3)
SITE PROVISIONS:
In addition to the General Land Use Provisions and Special Land Use Provisions
contained in Sections 7 and 8, the following regulations shall apply to every
development in this district:
(a)
Parcel Size (minimum): As required by the Development Authority.
(b)
Setback Requirements (minimum):
(i)
Front Yard: 7.6 m (25 ft), or as required by the Development
Authority.
(ii)
Side Yard: 10% of the width of site, or as required by the
Development Authority.
(iii) Rear Yard: 7.6 m (25 ft), or as required by the Development
Authority.
(c)
Total Floor Area: As required by the Development Authority.
Clear Hills County
Land Use Bylaw No. 278-23
129
Schedules
Schedule A: Land Use Bylaw Districts - South Part of Clear Hills County
Schedule B: Hamlet of Cleardale
Schedule C: Hamlet of Worsley
Schedule D: Municipal Historic Resource (All Saints Anglican Church)
Schedule E: Zoning District Detail Maps
Schedule F: Land Use Bylaw Amendments
Clear Hills County
Land Use Bylaw No. 278-23
130
Schedule A: Land Use Bylaw Districts - South part of Clear Hills County
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White
m
u
d
R
iv
e
r
W
h
it
emud
Ri
v
er
So
u
th
Whi
temu
d
Riv
e
r
S
o
uth
W
hite
m
u
d
River
S
il
ver
C
r
e
e
k
N
o
t
ikew
in
R
iv
e
r
N
o
t
H
in
es C
ree
k
H
in
e
s
Cr
eek
H
i
nes Creek
S
w
e
e
ney
Cree
k
Cle
a
r River
Clear River
Littl
e
Clea
r
R
iver
L
i
t
tl
e
C
le
a
r
R
ive
r
Clea
r
R
iver
C
l
ear
River
Eure
k
a River
E
u
re
k
a
R
i
v
e
r
Hi
n
es
Cre
ek
Montagneu
se
Rive
r
M
on
t
a
g
neu
se Rive
r
J
a
ck Cr
eek
P
e
a
c
e
Le
ith R
i
ver
Lathro
p
C
reek
Mc
L
ea
n
C
re
e
k
E
ur
eka
River
R
i
v
e
r
Cherry
Point
Worsley
Whitemud
Hills
Deer
Hill
Clear Hills
First Nations
Reserve No. 152C
Hines
Creek
Clear
Prairie
Cleardale
Bear
Canyon
Eureka
River
AG-1
AG-1
AG-1
AG-1
AG-1
AG-1
AG-1
AG-1
AG-1
AG-1
AG-1
AG-1
AG-1
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
CLM
Municipal
Historic Resource
(See Schedule D)
George
Lake
Last
Lake
Ray
Lake
Boundary
Lake
Black Duck
Lake
Sulphur
Lake
Chalmers
Lake
Fish
Lake
Slim's
Lake
Montagneuse
Lake
South
Whitemud
Lake
Deep
Lake
Gerry
Lake
Bingo
Lake
Sand Hill
Lake
Hay Lake
Ole's
Lake
Running
Lake
Stoney
Lake
TWP 83
TWP 84
TWP 85
TWP 86
TWP 87
TWP 88
TWP 89
RGE 13
RGE 12
RGE 11
RGE 10
RGE 9
RGE 8
RGE 7
RGE 5
RGE 3
RGE 2
TWP 83
TWP 84
TWP 85
TWP 86
TWP 87
TWP 88
TWP 89
RGE 1
RGE 1
RGE 4
11
12
13
14
15
884
882
874
872
864
862
854
852
844
842
834
832
894
892
122
123
124
125
131
132
134
133
71
72
73
74
75
81
82
83
84
85
91
92
93
94
95
101
102
103
104
105
111
112
113
115
121
21
22
23
24
25
31
32
33
34
35
41
42
43
44
45
51
52
53
54
55
62
63
64
65
61
11
12
13
14
15
884
882
874
872
864
862
854
852
844
842
834
832
894
892
RGE 6
114
900
890
880
870
860
850
840
830
900
890
880
870
860
850
840
830
10
130
120
110
100
90
80
70
60
50
40
30
20
10
6
5
6
1
6
4
3
4
4
5
6
3
2
5
5
2
3
1
2
1
5
3
4
1
6
4
6
1
5
3
2
2
2
3
4
3
2
5
6
5
3
1
4
5
4
2
6
4
2
1
1
3
3
1
2
4
3
5
2
6
1
1
1
2
6
2
3
6
5
1
6
5
4
3
2
1
4
5
4
3
2
3
1
2
2
3
1
2
3
4
6
5
6
2
6
3
5
4
1
5
1
5
2
5
3
3
5
4
4
1
5
6
6
6
4
5
4
3
2
1
1
3
4
2
4
2
1
1
2
1
4
3
4
3
2
6
6
3
5
1
3
2
4
4
5
5
6
3
6
6
6
1
2
3
1
2
5
6
4
1
3
1
6
5
1
6
5
4
4
2
6
5
4
3
3
2
3
2
1
6
2
5
2
4
3
3
1
5
6
2
5
5
4
1
3
4
1
2
3
2
2
3
1
4
5
6
6
6
5
6
5
5
6
4
3
6
4
2
4
1
3
1
1
2
1
2
1
6
4
2
1
5
1
3
3
1
4
3
3
4
5
6
6
5
5
2
3
1
5
4
2
6
2
1
6
4
3
6
2
6
3
1
2
5
1
4
1
5
5
1
2
6
6
2
3
6
2
3
1
4
3
4
6
2
2
5
3
5
4
6
3
5
2
4
6
3
2
2
3
1
4
6
1
6
3
5
1
2
3
2
4
5
2
6
1
4
1
3
1
5
2
4
2
4
3
5
1
4
5
3
3
1
1
6
5
2
4
1
4
2
5
1
1
2
4
3
5
6
5
4
1
2
3
6
6
3
5
1
4
4
3
6
5
2
1
5
4
3
3
5
5
4
6
1
4
2
3
5
2
1
1
4
3
2
2
7
6
5
6
2
5
1
3
4
5
4
2
3
4
3
6
3
2
7
9
7
6
1
1
8
7
6
7
9
8
9
8
7
8
9
8
9
8
7
9
8
9
8
7
7
8
7
9
7
8
9
9
7
8
7
7
7
7
8
8
9
8
9
9
9
9
7
7
7
8
9
8
9
9
8
7
7
9
8
7
8
9
8
9
7
8
7
9
8
7
8
9
7
9
8
9
8
7
7
9
7
8
7
8
9
9
8
8
8
7
9
9
8
9
9
7
8
8
9
8
7
9
8
7
8
9
8
7
9
9
7
7
7
7
7
8
9
8
9
9
8
7
8
9
7
8
8
9
7
8
9
9
7
8
7
7
7
7
8
7
8
8
9
9
9
9
7
8
8
9
9
8
9
9
7
7
8
7
8
8
9
8
7
8
9
7
8
9
7
8
8
7
7
9
9
8
8
7
8
8
9
7
8
9
9
9
8
7
7
9
9
7
8
9
9
7
8
1
8
7
8
9
9
9
9
7
8
7
7
8
9
7
7
9
8
8
9
3
9
7
8
7
6
1
7
9
6
2
2
3
4
5
6
6
2
4
3
3
2
6
3
5
1
1
4
5
2
3
4
4
5
5
6
1
4
3
2
1
5
6
2
4
5
6
6
5
4
4
4
4
4
9
9
9
9
3
4
3
9
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
11
30
15
18
27
28
14
13
13
30
13
15
18
17
14
25
15
18
29
13
18
16
30
14
15
15
14
16
18
18
17
16
26
15
13
14
17
15
13
14
18
14
15
15
17
14
16
16
15
18
17
16
25
30
17
13
18
18
16
26
17
13
13
15
18
17
30
18
29
16
17
16
16
17
15
30
29
27
13
14
28
18
27
25
14
26
26
25
25
26
14
29
27
25
13
28
26
27
15
27
26
30
17
18
29
28
30
11
30
29
30
17
15
27
16
16
28
28
14
25
13
25
30
16
25
27
15
18
29
28
16
25
17
16
17
15
14
27
30
17
27
27
30
27
16
26
26
30
29
29
29
17
29
13
15
13
18
25
28
26
16
26
28
15
13
18
14
13
15
25
28
14
13
14
14
27
29
26
29
28
18
14
29
15
27
17
18
15
16
18
13
28
18
14
30
30
14
14
27
18
25
29
29
28
30
18
13
17
30
13
30
15
14
14
16
18
17
16
14
26
28
15
14
13
13
16
25
28
13
17
16
25
14
16
15
26
14
17
14
13
13
26
18
15
14
27
25
26
25
26
14
13
14
29
18
17
17
15
16
27
16
17
15
18
13
29
14
14
26
28
15
26
30
28
16
29
30
28
30
17
17
17
18
25
25
26
26
28
27
15
13
25
29
25
25
29
15
18
30
18
25
17
17
27
30
16
15
27
16
14
26
13
30
15
13
26
28
13
30
29
26
28
17
27
15
26
29
13
16
25
15
16
26
16
28
29
27
28
26
25
30
13
27
17
28
15
27
26
28
30
29
29
28
25
16
26
18
27
30
13
14
25
15
16
17
26
28
15
27
14
28
29
29
14
13
18
25
30
28
30
17
27
30
26
15
16
18
27
27
19
17
30
16
29
17
28
15
27
14
26
25
25
30
25
18
13
27
14
14
28
26
27
26
17
15
17
27
16
13
18
25
26
27
28
16
29
18
27
25
14
15
25
30
18
27
13
29
28
16
15
18
14
29
26
13
30
25
15
30
28
25
29
26
18
30
18
27
17
18
26
17
13
15
18
17
17
14
16
15
16
14
28
15
18
17
13
16
30
15
27
29
30
14
25
17
13
27
27
29
15
17
18
25
14
28
17
29
16
15
13
16
18
14
29
17
28
16
29
13
13
15
15
13
15
13
14
13
15
10
25
14
27
16
14
15
16
13
29
17
18
14
18
18
18
18
27
13
17
18
17
17
28
16
26
15
16
15
14
16
27
14
26
26
13
27
13
25
25
26
30
27
30
26
29
13
27
26
14
30
26
13
14
29
25
27
29
25
25
25
26
14
13
28
17
26
13
28
25
14
29
27
29
30
28
29
27
15
26
28
25
30
16
25
30
28
25
29
26
25
18
28
26
13
13
18
27
29
15
25
17
30
26
28
27
29
16
28
30
28
25
25
30
27
16
27
25
25
26
26
26
27
25
28
17
29
30
30
30
30
27
27
29
14
29
30
29
28
25
28
26
27
28
26
13
25
15
25
13
15
30
18
14
28
16
14
15
30
26
17
30
25
26
13
29
15
29
14
17
16
17
17
25
27
27
17
26
28
25
15
30
27
16
14
18
17
16
15
15
14
14
15
14
26
15
18
16
16
13
27
13
14
13
14
15
15
16
17
18
29
28
17
17
27
16
27
14
28
29
13
14
16
14
17
15
17
18
15
13
13
14
13
30
29
16
14
25
15
22
17
25
16
26
18
18
18
14
13
29
17
27
18
28
29
27
28
13
15
30
29
28
27
26
29
26
18
26
27
25
30
29
27
16
26
28
27
25
28
29
30
28
14
27
27
16
29
13
17
26
25
26
27
29
25
28
25
29
15
26
28
28
26
13
29
14
25
26
25
30
17
15
26
26
18
15
28
29
25
14
13
17
13
30
27
29
18
17
16
15
16
14
14
29
25
27
26
13
16
26
25
18
27
15
18
16
30
17
25
14
15
30
15
18
26
26
25
30
17
30
13
25
28
29
18
16
16
17
30
28
14
18
27
29
16
26
28
13
26
27
17
25
28
26
16
15
29
27
15
16
16
27
27
14
30
29
28
26
17
25
13
27
18
30
29
14
29
28
27
29
25
18
28
27
30
28
30
25
26
28
30
26
26
30
28
18
13
28
13
19
25
12
25
30
21
12
10
28
20
25
32
31
12
24
19
10
23
10
10
10
10
24
10
12
12
34
10
12
12
36
10
19
24
22
19
12
21
12
23
10
10
22
23
23
34
33
30
36
19
20
21
22
36
23
24
24
10
22
22
22
22
31
24
23
20
21
22
23
20
12
19
19
19
20
20
21
20
12
19
19
34
23
35
24
32
24
22
24
21
20
31
10
21
36
33
36
22
21
12
35
24
20
31
19
32
10
22
33
34
35
35
21
36
23
32
20
23
20
12
33
19
34
36
31
35
32
35
22
34
10
12
22
21
21
31
32
23
23
31
33
10
23
31
24
19
32
10
36
10
35
21
35
34
12
33
31
12
21
19
33
36
20
34
32
33
24
20
21
35
24
23
32
21
19
24
23
10
36
31
31
31
32
22
32
20
32
33
36
34
21
10
34
10
12
12
35
12
33
36
19
23
23
24
10
35
34
35
12
20
31
35
10
12
12
22
36
24
23
10
19
24
31
32
12
10
19
35
23
35
36
32
36
33
10
12
23
20
34
33
34
34
22
12
19
10
33
33
20
19
20
21
34
33
22
22
20
21
24
10
12
19
35
32
19
36
22
32
21
10
31
33
21
36
24
20
10
24
22
32
23
24
23
10
22
12
10
12
24
12
19
20
21
20
22
23
20
24
23
36
35
22
36
36
19
20
21
35
34
19
22
34
33
23
24
24
23
33
19
24
23
23
22
34
33
23
34
23
35
36
19
22
20
21
20
21
24
24
24
23
23
33
22
35
23
21
20
19
22
10
32
21
31
36
20
10
19
36
19
34
12
31
10
32
12
22
36
12
33
31
21
24
19
32
20
22
21
32
32
22
21
23
34
24
35
22
12
23
34
24
10
31
36
24
19
31
35
33
33
10
35
21
33
31
32
10
32
33
20
34
34
22
35
34
12
36
12
35
31
33
32
34
34
10
24
22
33
35
24
12
36
24
23
22
21
21
20
35
31
21
36
10
35
31
34
35
32
22
33
34
34
34
33
33
34
19
35
32
21
12
35
31
19
31
23
20
36
31
32
23
35
10
24
24
34
31
20
36
10
31
19
32
32
31
33
33
19
33
10
34
12
36
36
35
20
21
12
22
36
36
19
10
36
35
12
10
33
31
32
35
34
21
24
23
12
10
32
33
31
20
35
10
12
21
36
22
22
34
20
31
33
36
36
34
20
31
12
19
36
12
31
10
12
10
24
12
23
10
34
12
21
36
12
19
19
34
22
10
31
23
24
10
22
12
22
12
24
35
19
20
36
35
36
19
34
19
12
35
23
35
24
10
35
22
12
22
20
20
33
23
10
20
36
33
36
32
24
34
21
35
23
23
20
12
19
24
21
19
12
22
22
23
20
32
22
20
24
19
21
22
31
24
19
20
23
23
20
35
21
22
31
24
22
10
19
24
23
23
21
19
36
33
33
20
12
34
31
32
21
20
31
36
24
31
33
22
22
24
23
32
19
23
23
34
22
21
24
20
19
35
19
19
10
24
32
24
19
23
20
20
20
22
21
22
21
36
22
23
34
24
23
21
23
32
34
34
33
21
24
35
32
35
35
32
12
10
31
31
34
21
32
31
33
35
10
12
19
12
10
24
35
36
12
31
36
22
21
35
36
34
20
19
36
32
23
32
31
36
24
33
24
12
34
35
35
23
24
21
34
24
36
10
31
22
36
32
33
20
33
34
23
32
36
31
35
20
10
10
32
33
33
36
35
32
34
34
33
36
35
34
35
10
36
35
34
36
34
24
33
10
31
31
10
10
32
35
32
34
31
32
33
31
21
32
12
33
34
33
21
35
12
31
12
23
36
10
36
12
32
34
20
10
10
19
22
33
12
22
20
12
33
22
19
24
31
34
23
31
24
12
34
35
33
22
10
12
34
36
35
32
21
31
22
23
32
35
35
36
35
19
20
21
22
12
23
20
23
34
22
22
21
19
24
23
22
31
22
36
23
24
20
22
21
20
31
20
24
19
35
21
35
21
21
36
20
20
24
20
23
23
22
22
19
10
32
24
32
21
23
19
23
21
33
12
31
20
24
19
19
33
12
34
32
33
24
23
10
22
32
36
24
20
10
21
31
10
19
23
24
31
32
33
34
12
35
36
34
33
23
35
32
34
32
22
20
32
10
36
33
10
31
34
35
34
36
33
34
32
32
31
36
36
12
32
10
35
22
35
34
20
35
36
31
24
34
33
10
31
33
34
32
32
21
31
23
12
23
24
23
24
12
21
20
19
19
20
22
12
21
23
23
22
24
12
21
22
10
20
10
31
19
22
12
22
33
20
19
19
20
21
23
24
33
19
20
22
31
24
36
21
22
19
35
21
35
33
21
35
23
21
21
23
31
34
34
21
34
35
19
32
20
36
24
19
24
32
36
33
19
24
31
34
32
33
36
35
36
31
29
31
34
24
32
34
36
35
31
35
33
32
36
34
35
36
32
31
31
33
32
31
33
31
31
34
33
35
32
36
36
33
34
36
35
36
31
34
31
32
32
36
35
33
33
34
35
34
35
33
28
32
33
34
25
24
30
32
26
35
11
16
28
16
28
16
28
16
28
21
33
21
21
33
33
21
33
36
32
25
18
27
32
18
20
10
30
12
4
4
4
9
9
9
2
16
28
16
28
16
28
21
33
21
33
21
33
1
!(
9
!(
8
!(
7
!(
6
!(
5
!(
4
!(
3
!(
1
!(
13
!(
12
!(
11
!(
10
B r i t i s h C o l u m b i a
COUNTY
OF GRANDE
PRAIRIE NO. 1
MUNICIPAL
DISTRICT OF
BIG LAKES
CLEAR
HILLS
COUNTY
NORTHERN
SUNRISE
COUNTY
MUNICIPAL
DISTRICT OF
OPPORTUNITY NO. 17
SADDLE
HILLS
COUNTY
MUNICIPAL
DISTRICT OF
GREENVIEW NO. 16
EDMONTON
GRANDE
PRAIRIE
Schedule A:
Land Use Bylaw Districts
(South Part of Clear Hills County)
Clear Hills County
Land Use Bylaw No. 278-23
Legend
Land Use District
Agricultural District - 1 (AG-1)
Agricultural District - 2 (AG-2)
Confined Feeding Operations District (CFO)
Country Residential District - 1 (CR-1)
Country Residential District - 2 (CR-2)
Crown Land Management District (CLM)
Hamlet Commercial District (HC)
Hamlet Estate Residential District (HER)
Hamlet General District (HG)
Hamlet Industrial District (HM)
Hamlet Public District (HP)
Hamlet Residential District - 1 (HR-1)
Highway Development District (HD)
Rural Industrial District (RI)
Rural Recreational District (R-REC)
!(
Detail Maps (See attached Schedule F)
Inter-Municipal Development Plan Area
Property Line
"
Rural Residence
Data Source: AltaLIS Ltd.
Cadastral Data Updated: March 2024
Map Updated: March 2024
10
0
10
5
Kilometres
Scale: 1:150,000
Amendments
Bylaw No.
Date
Adopted by Council this 12th day of December, 2023.
Reeve: AMBER BEAN
Chief Administrative Officer: ALLAN ROWE
Bylaw No.
Date
Original Signed By:
Original Signed By:
Clear Hills County
Land Use Bylaw No. 278-23
131
Schedule B: Hamlet of Cleardale
NW10
85-10-6
3
3
1
1
NE10 85-10-6
NW10 85-10-6
SW10 85-10-6
SW11 85-10-6
NW11 85-10-6
1
NE10 85-10-6
SW10 85-10-6
NW11 85-10-6
NE10 85-10-6
2
SE10 85-10-6
2
2
13
4
7
6
10
11
2
12
3
8
2
9
1
14
1
4
6
7
1
3
4PUL
5
1MR
2
1
2
1
1MR
8
5
SERVICE ROAD
CLEARDALE DR
SERVICE ROAD
HIGHWAY 64
ARMFELT RD
CLEARDALE CRES
1
16
15
1
4
1
5A 1
1
16
1
18
19
20
21
23
24
25
26
27
28
29
30
34
36
33
31
32
40
37
38
39
41
43
44
45
46
47
48
49
51
52
53
54
55
81
82
83
84
22PUL
35PUL
42PUL
50PUL
1
85MR
1
1
1
1
1
3
17MR
86
87 1
HIGHWAY 64
CLEARDALE DR
P
OP
L
A
R
D
RI
V
E
AG-2
HR-1
HD
HC
AG-2
HER
HP
HR-1
HP
HP
AG-1
CLM
AG-1
HR-1
HR-1
Agricultural District - 1 (AG-1)
Agricultural District - 2 (AG-2)
Country Residential District - 1 (CR-1)
Crown Land Management District (CLM)
Hamlet Commercial District (HC)
Hamlet Estate Residential District (HER)
Hamlet Public District (HP)
Hamlet Residential District - 1 (HR-1)
Highway Development District (HD)
Cleardale ASP Lot/Block Lines
Original Signed By:
Original Signed By:
Amendments
Bylaw No.
Date
Schedule B: Hamlet of Cleardale
Clear Hills County
Land Use Bylaw No. 278-23
200
0
200
100
Metres
1/6,500
Scale:
Data Source: AltaLIS Ltd.
Cadastral Data Updated: March 2024
Map Updated: March 2024
Adopted by Council this 12th day of December, 2023.
Reeve: AMBER BEAN
Chief Administrative Officer: ALLAN ROWE
Clear Hills County
Land Use Bylaw No. 278-23
132
Schedule C: Hamlet of Worsley
LOT 1
LOT A
LOT 1
SW6 87-7-6
LAGOON
SITE
2
1
4
NW36 86-8-6
3
1
2
1
LOT G
4
LOT C
LOT A
LE
LOT B
LD
LOT A
LOT B
LOT A
LP
6
16
11
12
2
2
17
6
5
15
4
6
3
4
3
18
2
4
5
9
5
13
16
7
10
13
4
7
9
14
8
9
12
15
3
10
1
8
19
1
8
1
1
10
3
7
5
14
11
17
2
JUBILEE ST
ABLE AVE
PARADISE ST
JUBILEE ST
PARK ROAD
PARK AVENUE
LOT D
11
12 2
NE35 86-8-6
NE36 86-8-6
1
2A
1
1
2MR
LOT C
LOT F
1
2
3
5
6
7
4ER
1
10PUL
44PUL
6
6
5
1
2
3
4
5
7
8
9
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
5
1
2
3
4
10
6
7
8
9
11
12
13
14
15
16
17
6PUL
5
5
WILLOW CREEK AVENUE
WILLOW CREEK ROAD
SPRING WOOD DRIVE
SPRING WOOD DRIVE
WILLOW CREEK ROAD
WILLOW CREEK
CRESCENT
NW36
86-8-6
4
R1
4
R1
4
SE1 87-8-6
SW1 87-8-6
1
LOT 1
1
WILLOW CREEK ROAD
CREEK BEND ST
HIGHWAY 726
ALBERTA AVENUE
ALBERTA AVENUE
ALBERTA AVENUE
NORTH STREET
HIGHWAY 726
AG-1
HR-1
HR-1
HG
HR-1
HC
HG
AG-2
HC
HER
HP
HP
AG-1
HC
HR-1
HR-1
AG-2
HP
HR-1
HR-1
HG
HG
HP
AG-1
AG-2
HR-1
Original Signed By:
Original Signed By:
200
0
200
100
Metres
1/6,500
Scale:
Agricultural District - 1 (AG-1)
Agricultural District - 2 (AG-2)
Hamlet Commercial District (HC)
Hamlet Estate Residential District (HER)
Hamlet General District (HG)
Hamlet Public District (HP)
Hamlet Residential District - 1 (HR-1)
Worsley ASP Lot/Block Lines
Schedule C: Hamlet of Worsley
Clear Hills County
Land Use Bylaw No. 278-23
Amendments
Bylaw No.
Date
Data Source: AltaLIS Ltd.
Cadastral Data Updated: March 2024
Map Updated: March 2024
Adopted by Council this 12th day of December, 2023.
Reeve: AMBER BEAN
Chief Administrative Officer: ALLAN ROWE
Clear Hills County
Land Use Bylaw No. 278-23
133
Schedule D: Municipal Historic Resource (All Saints Anglican Church)
All Saints
Anglican Church
(SW-14-83-13-W6M)
131044 HWY 717
Cherry
Point
Bear
Canyon
Peace River
B
R
I
T
I
S
H
C
O
L
U
M
B
I
A
Twp83 Rge13
Twp82
Rge12
Twp82 Rge13
Twp83 Rge12
Schedule D:
Municipal Historic Resource
All Saints Anglican Church)
Clear Hills County
Land Use Bylaw No. 278-23
Coordinate System: NAD 1983 UTM Zone 11N
1:50,000
2
0
2
1
Kilometres
1
0
1
0.5
Miles
Amendments
Bylaw No.
Date
CLM
AG-1
AG-1
AG-1
CLM
AG-1
CLM
Adopted by Council this 12th day of December, 2023.
Reeve: AMBER BEAN
Chief Administrative Officer: ALLAN ROWE
Original Signed By:
Original Signed By:
Land Use District
Agricultural District - 1 (AG-1)
Crown Land Management District (CLM)
Data Source: AltaLIS Ltd.
Cadastral Data Updated: March 2024
Map Updated: March 2024
Clear Hills County
Land Use Bylaw No. 278-23
134
Schedule E: Zoning District Detail Maps
Block 1
Plan
002 4465
STREET
SERVICE ROAD
NE24 86-6-6
Lot 9
Lot 10
Lot 11
Lot 12
Lot 13
Lot 14
Lot 15
Lot 16
Lot 8
Lot 7
Lot 6
Lot 5
Lot 4
Lot 3
Lot 2
Lot 1
RGE RD 60
TWP RD 864
CR-2
AG-1
AG-1
Land Use District
Agricultural District - 1 (AG-1)
Country Residential District - 2
(CR-2)
Adopted on: December 12th, 2023
Last Updated: March 2024
Scale: 1:5,000
Schedule E
Zoning District Detail Map
Map 1
Land Use Bylaw No. 278-23
NW36 84-11-6
822 1933
Plan 052 2504
Lot 1
SW1 85-11-6
HIGHWAY 64
Block 1
AG-1
CR-1
CLM
Land Use District
Agricultural District - 1 (AG-1)
Country Residential District - 1
(CR-1)
Crown Land Management
District (CLM)
Adopted on: December 12th, 2023
Last Updated: March 2024
Scale: 1:4,500
Schedule E
Zoning District Detail Map
Map 2
Land Use Bylaw No. 278-23
SW13 85-10-6
HIGHWAY 64
1215 PX
1215 PX
Block 1
Plan 072 4135
Lot 1
CR-1
AG-1
CLM
CLM
Land Use District
Agricultural District - 1 (AG-1)
Country Residential District - 1
(CR-1)
Crown Land Management
District (CLM)
Adopted on: December 12th, 2023
Last Updated: March 2024
Scale: 1:5,000
Schedule E
Zoning District Detail Map
Map 3
Land Use Bylaw No. 278-23
SW22 85-9-6
Block 1
Plan 062 7791
Lot 1
CR-1
AG-1
Land Use District
Agricultural District - 1 (AG-1)
Country Residential District - 1
(CR-1)
Adopted on: December 12th, 2023
Last Updated: March 2024
Scale: 1:4,500
Schedule E
Zoning District Detail Map
Map 4
Land Use Bylaw No. 278-23
NW36 83-5-6
Lot A
HIGHWAY 685
Plan 782 0773
Plan 992 5306
Block 1
Lot 1
Lot 1
Lot 2
Lot 3
Block 1
Plan 052 5543
RGE RD 51
CR-1
AG-1
AG-2
Land Use District
Agricultural District - 1 (AG-1)
Agricultural District - 2 (AG-2)
Country Residential District - 1
(CR-1)
Adopted on: December 12th, 2023
Last Updated: March 2024
Scale: 1:5,500
Schedule E
Zoning District Detail Map
Map 5
Land Use Bylaw No. 278-23
SE18 83-3-6
TWP RD 832.5
774 EU
Lot 1
Block 1
Plan 072 0996
CR-1
AG-1
CLM
Black Duck
Lake
Land Use District
Agricultural District - 1 (AG-1)
Country Residential District - 1
(CR-1)
Crown Land Management
District (CLM)
Adopted on: December 12th, 2023
Last Updated: March 2024
Scale: 1:5,000
Schedule E
Zoning District Detail Map
Map 6
Land Use Bylaw No. 278-23
NW21 83-4-6
CANADIAN NATIONAL RAILWAY
Part of
NW21 83-4-6
6
NW21 83-4-6
SW28 83-4-6
HIGHWAY 64
TWP RD 834
4520 EO
CR-1
AG-1
CLM
Land Use District
Agricultural District - 1 (AG-1)
Country Residential District - 1
(CR-1)
Crown Land Management
District (CLM)
Adopted on: December 12th, 2023
Last Updated: March 2024
Scale: 1:4,500
Schedule E
Zoning District Detail Map
Map 7
Land Use Bylaw No. 278-23
NE20 83-1-6
RGE RD 14
HIGHWAY 685
4985 JY
Block 1
Plan 072 1132
Lot 1
AG-1
CR-1
Land Use District
Agricultural District - 1 (AG-1)
Country Residential District - 1
(CR-1)
Adopted on: December 12th, 2023
Last Updated: March 2024
Scale: 1:4,500
Schedule E
Zoning District Detail Map
Map 8
Land Use Bylaw No. 278-23
312
9
312
910
11
10
11
7 AVE
NE32 83-4-6
HIGHWAY 64
1474 PX
Plan 992 2789
Block 2
Plan 992 2790
SERVICE ROAD
Lot 9 MR
Lot 6
Lot 5
Lot 4
Lot 7
Lot 8 MR
Lot 3
Lot 2
Block 2
Plan 052 1816
SE5 84-4-6
NY
6358 LZ
HIGHWAY 685
Lot 1
Block 1
Plan 992 2789
Block 1
Lot 1
Lot 1
HD
Village of
Hines Creek
AG-2
Land Use District
Agricultural District - 2 (AG-2)
Highway Development District
(HD)
Adopted on: December 12th, 2023
Last Updated: March 2024
Scale: 1:4,500
Schedule E
Zoning District Detail Map
Map 9
Land Use Bylaw No. 278-23
NW27 83-3-6
HIGHWAY 732
Plan 1221192
Block 1
Lot 1
CR-1
AG-1
Land Use District
Agricultural District - 1 (AG-1)
Country Residential District - 1
(CR-1)
Adopted on: December 12th, 2023
Last Updated: March 2024
Scale: 1:4,500
Schedule E
Zoning District Detail Map
Map 10
Land Use Bylaw No. 278-23
Block 1
NW12 85-9-6
HIGHWAY 64
Plan 152 2678
Plan 932 1505
Lot 1
CR-1
AG-1
AG-1
Land Use District
Agricultural District - 1 (AG-1)
Country Residential District - 1
(CR-1)
Adopted on: December 12th, 2023
Last Updated: March 2024
Scale: 1:5,000
Schedule E
Zoning District Detail Map
Map 11
Land Use Bylaw No. 278-23
NW10 83-3-6
SW10 83-3-6
HIGHWAY 732
TWP RD 832
CR-1
AG-1
Land Use District
Agricultural District - 1 (AG-1)
Country Residential District - 1
(CR-1)
Adopted on: December 12th, 2023
Last Updated: March 2024
Scale: 1:5,500
Schedule E
Zoning District Detail Map
Map 12
Land Use Bylaw No. 278-23
SE9 85-10-6
SW9 85-10-6
SW9 85-10-6
SE9 85-10-6
SW10 85-1
NW4 85-10-6
NE4 85-10-6
HIGHWAY 64
AG-1
CLM
CR-1
CR-1
H-M
Land Use District
Agricultural District - 1 (AG-1)
Country Residential District - 1
(CR-1)
Crown Land Management
District (CLM)
Hamlet Residential District - 1
(HR-1)
Adopted on: December 12th, 2023
Last Updated: March 2024
Scale: 1:10,500
Schedule E
Zoning District Detail Map
Map 13
Land Use Bylaw No. 278-23
Clear Hills County
Land Use Bylaw No. 278-23
135
Schedule F: Land Use Bylaw Amendments
DATE
BYLAW
NUMBER
PURPOSE
Clear Hills County
Land Use Bylaw No. 278-23
136
Appendices
Appendix A: Sample Forms and Notices
Clear Hills County
Land Use Bylaw No. 278-23
137
Appendix A: Sample Forms and Notices
Form A:
Application for Development Permit
Form B:
Status of Development Permit Application
Form C:
Notice of Decision Development Permit Approval
Form D:
Notice of Decision Development Permit Refusal
Form E:
Application for Compliance Certificate
Form F:
Application for Amendment to the Land Use Bylaw/Statutory Plan
Form G:
Time Extension Agreement
Form H:
Application for Sign Placement on Private Land
Form I:
Application for Sign Placement for Municipal Right-of-Way or
Municipal Reserve Land
Form J:
Application for Sign Placement for a Recreational &
Community Facility and/or a Historic Landmark
Form K:
Development Permit Application Referral
Form L:
Development Permit Public Notice
Form M: Stop Order
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
FORM A
Page 1
APPLICATION FOR
DEVELOPMENT PERMIT
Before submitting your application, please read the following important information.
DEVELOPMENT PERMITS ARE REQUIRED
Development permits are required for any new development on a property, or a change of use of the property/
existing building. This includes, but is not limited to:
-
Building a new residence or moving in a manufactured home
-
Building a garage
-
Starting a homebased business
-
Building a fence
The development permit is required to ensure that the development meets the requirements of the Clear Hills
County Land Use Bylaw. The development permit application forms are available at the County office and website,
must be approved by the County PRIOR to commencing development. Anyone proceeding with a development
without a valid development permit, where required, does so at their own risk, and is subject to the penalties and
fines outlined by the Land Use Bylaw and the Municipal Government Act. If a proposed development is not enabled
under the Land Use Bylaw, an amendment to the bylaw is required before the development can be approved.
DEVELOPMENT PERMIT PROCESS
NOTICE
The applicant is initially notified whether the application is complete or incomplete within twenty (20)
calendar days. The final decision is issued by way of a Notice of Decision. A Development Permit does not
come into effect until twenty-one (21) calendar days after its approval, unless an appeal is lodged with the
appropriate Appeal Body. If the application is refused, the applicant may appeal the decision to the
appropriate Appeal Body within twenty-one (21) days after the date of issue of the Notice of Decision.
The Development Authority has 40 days
to decide on an application once it is
deemed complete. If the decision is not
made within 40 days, the applicant may
deem the application to be refused.
INITIAL REVIEW (20 DAYS)
DETERMINE IF
APPLICATION IS
COMPLETE/INCOMPLETE
APPLICATION
SUBMITTED
NOTICE OF INCOMPLETE
APPLICATION
COMPLETE
APPLICATION
RECEIVED, A SITE
INSPECTION MAY
BE CONDUCTED
APPROVED
APPROVED WITH
CONDITIONS
REFUSED
DEFERRED,
PENDING MORE
INFO
NOTIFICATION
OF DECISION
NOTICE OF COMPLETE
APPLICATION
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
FORM A
Page 2
APPLICATION FOR
DEVELOPMENT PERMIT
FOR ADMINISTRATIVE USE ONLY
Note: This form must be completed by the registered owner of the land or by an authorized person acting on behalf of the owner. This application will
not be accepted without the fee, and site plan sketch that includes all relevant details for the proposed development (e.g.: proposed and existing
structure, property lines, creeks/ravines, parking and vehicle access, building plans, etc.). Please contact the County Office if you have any questions
about the application prior to submitting the completed form.
APPLICANT INFORMATION
COMPLETE IF DIFFERENT FROM APPLICANT
NAME OF APPLICANT
NAME OF REGISTERED LAND OWNER
ADDRESS
ADDRESS
POSTAL CODE
EMAIL
POSTAL CODE
EMAIL
CONTACT NUMBERS
Home
CONTACT NUMBERS
Home
Business
Business
Cell
Cell
LAND INFORMATION
Legal description of proposed development site
QTR/L.S.
SEC.
TWP.
RG.
M.
OR
REGISTERED PLAN NO.
BLOCK
LOT
Size of the proposed development site:
LENGTH
m
ft
WIDTH
m
ft
NUMBER OF HECTARES
OR ACRES
Lot type:
INTERIOR
CORNER
THROUGH
LAND USE DISTRICT:
Describe the existing use of the land:
DEVELOPMENT INFORMATION
Describe the proposed use of the land:
APPLICATION NO.:
DATE RECEIVED:
FEES PAID:
YES
NO
N/A
FOIP DECLARATION
This personal information is being collected under the authority of the Municipal Government Act (MGA) and the Freedom of Information and
Protection of Privacy Act (FOIP), and is managed in accordance with the provisions of FOIP, unless disclosures are authorized under the LUB. This
information will be used to process and make a decision on the application. If you have any questions about the collection and use of your information,
contact the FOIP Coordinator at the County Office at (780) 685-3925.
FORM A
Page 3
APPLICATION FOR
DEVELOPMENT PERMIT
DEVELOPMENT INFORMATION (Continued)
Check () any proposed use(s) not identified above:
Dwelling unit(s)
Accessory structure(s) / use(s)
Home Occupation(s)
Sign(s)
Commercial or industrial structure(s) / use(s)
Other (specify)
For residential purposes, please specify the intended occupants from the following options:
Employee/Workers housing
Owner Occupied
General Rental
Family
Members
Other (please specify)
Indicate the proposed setback from the property line:
FRONT YARD
m
ft
REAR YARD
m
ft
SIDE YARD (1)
m
ft
SIDE YARD (2)
m
ft
Indicate proposed parking and offloading
Off street parking
Size of space:
Number of spaces:
Off street loading
Size of space:
Number of spaces:
No parking/Off street loading required
Accessory use:
PERCENTAGE OF LOT
OCCUPIED:
HEIGHT OF ACCESSORY BLDG:
SETBACK FROM SIDE LOT
LINE:
SETBACK FROM REAR
LOT LINE:
The land is adjacent to (include road name/number):
PRIMARY HIGHWAY:
SECONDARY HIGHWAY
RURAL ROAD
Estimate the Project:
COMMENCEMENT DATE
COMPLETION DATE
CONSTRUCTION COSTS
Attached is
(a) SITE PLAN
Yes
No
N/A
(b) FLOOR PLAN
Yes
No
N/A
STATEMENT OF INTENT AND DECLARATION
I/We
hereby:
DATE:
SIGNATURE OF APPLICANT:
DATE:
SIGNATURE OF REGISTERED LAND OWNER:
Make application under the provisions of the Land Use Bylaw for a Development Permit in accordance
with the plans and supporting information submitted herewith and which form part of this application.
Consent to receive by email any documents or communication related to this application.
Declare that the information given on the form is complete and is, to the best of my/our knowledge, a true
statement of the facts relating to this application.
amama
SIGN
SIGN
FORM A
Page 4
APPLICATION FOR
DEVELOPMENT PERMIT
SITE MAP
LEGAL LAND DESCRIPTION:
For industrial or commercial development, attach engineered drawings of proposed development.
For residential and agricultural development, draw a sketch plan of proposed development.
Please indicate the following if they apply to your proposed development:
Location of water source & distance from property line and sewer system
Location of sewer system & distance from water source and property line
Access location(s)
Location of existing or proposed buildings:
Setbacks from the road allowance
Location of roads in the area
Location Shelterbelts
Location of Treed Areas/ Sloughs/ Bush/ other vegetation
Location of River/ Lakes/ other watercourses
FORM A
Page 5
APPLICATION FOR
DEVELOPMENT PERMIT
For residential development, please show approximate location of neigbouring yardsites.
FORM A
Page 6
APPLICATION FOR
DEVELOPMENT PERMIT
ADDITIONAL INFORMATION REQUIRED
ABANDONED WELLS
If the building/addition is greater than 47m² (505.9 ft²) a map from the Alberta Energy Regulator (AER) identifying
the locations of, or confirming the absence of, any abandoned oil or gas wells on or within
25m (82 ft) of the site boundary is to be included. Go to www.geodiscover.alberta.ca for abandoned well location
and status information.
WATER AND SEWAGE
Indicate below the type of water supply and sewage disposal to be used by your development proposal and if it is
existing or proposed.
Existing
Proposed
TYPE OF WATER SUPPLY
DUGOUT
WELL
CISTERN & HAULING
COUNTY SERVICE
OTHER (Please specify)
Existing
Proposed
TYPE OF SEWAGE DISPOSAL
OPEN DISCHARGE/SEPTIC TANK
SUB-SURFACE DISPOSAL/SEPTIC TANK
ABOVE GROUND/SEPTIC TANK
SEWAGE LAGOON
OUTDOOR PRIVY
COUNTY SERVICE
OTHER (Please Specify)
FOR ADDITIONAL INFORMATION CONTACT ALBERTA MUNICIPAL AFFAIRS - CODES AND PERMITS AT
1-866-421-6929 (EMAIL [email protected]) OR A LICENSED PERMITTING AGENCY.
FORM A
Page 7
APPLICATION FOR
DEVELOPMENT PERMIT
PRIVATE SEWAGE, WATER AND YARD SETBACKS
SEWAGE SETBACKS
Following is a description of the setbacks required for different sewage disposal systems as found in the Alberta Private
Sewage Treatment and Disposal Regulations:
Mounds
3 metres (10 ft.) from the property line
10 metres (33 ft.) from a dwelling (with basement, cellar or crawl space)
3.05 metres (10 ft.) from a septic tank/packaged sewage treatment plant
15 metres (50 ft.) from a water course
15 metres (50 ft.) from a water source
Field
1.5 metres (5 ft.) from a property line
10 metres (33 ft.) from a dwelling (with basement, cellar or crawl space)
1 metre (3.25 ft.) from other buildings (without permanent foundation)
5 metres (17 ft.) from a septic tank/packaged sewage treatment plant
15 metres (50 ft.) from a water course
15 metres (50 ft.) from a water source
Lagoon
30 metres (100 ft.) from a property line
45 metres (150 ft.) from a dwelling
90 metres (300 ft.) from a water course
100 metres (350 ft.) from a water source
Open/Effluent Discharge
90 metres (300 ft.) from a property line
45 metres (150 ft.) from a dwelling
45 metres (150 ft.) from a water course
50 metres (155 ft.) from a water source
Septic tanks
1 metre (3.25 ft.) from a property line
1 metre (3.25 ft.) from a dwelling
10 metres (30 ft.) from a water course
10 metres (30 ft.) from a water source
DUGOUT SETBACKS
The setback for a dugout as set forth in the Provincial regulations is:
Front Yard: 40.8 metres (134 feet) from the road right-of-way (developed or undeveloped)
Side Yard: 15.24 metres (50 feet) or as required by the Municipal Planning Commission
Rear Yard: 15.24 metres (50 feet) or as required by the Municipal Planning Commission
YARD SETBACKS
Front yard: the development shall not be located within 40.8m (134 feet) of the property line of any public roadway:
Side Yard: The development shall not be located within 15.24 metres (50 feet) of a property line:
Rear Yard: The development shall not be located within 15.24 metres (50 feet) of a property line: The developer
is responsible for waste disposal, and the construction of access roads and approaches. This Development Permit
does not guarantee, imply or suggest that Clear Hills County will undertake any road improvements at or near the
subject property to improve the applicant's accessibility to his or her property.
FORM A
Page 8
APPLICATION FOR
DEVELOPMENT PERMIT
RELOCATED BUILDINGS
If any of the buildings pertaining to the development permit are being moved-in (relocated) from another location
please complete this form and return with the completed development permit and application fee.
a)
Colour photographs of the building(s)
b)
Canadian Safety Association Identification Number (CSA)
c)
Present location of the building
d)
Proposed relocation route
Please note:
1.
Any building to be moved-in (relocated) and placed on a parcel within any district established by this Bylaw,
other than a farm building in an Agricultural District must be approved by the Municipal Planning Commission.
2.
The moved-in (relocated) building shall conform to Alberta Safety Codes Act and Regulations and the current
Alberta Building Code Regulation.
FORM A
Page 9
APPLICATION FOR
DEVELOPMENT PERMIT
RIGHT OF ENTRY FORM
As a site inspection of land that is the subject of a development permit application may be required, we request
that you complete the following authorization and submit it with your application for Development Permit
approval.
Section 653(2) of the Municipal Government Act indicates that if consent is given by this form, a notice of
inspection is not required to be given under Section 542(1).
I,
, do grant consent for a person
(Name in block letters)
authorized by Clear Hills County to enter upon subject land for the purpose of a site inspection.
Legal Land Description:
DATE:
SIGNATURE OF APPLICANT:
SIGN
FORM B
Page 1
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
STATUS OF DEVELOPMENT
PERMIT APPLICATION
APPLICATION INFORMATION
Applicant Name:
Application No:
Applicant Civic Address:
Date Application Received:
STATUS OF APPLICATION
In accordance with section 683.1 of the Municipal Government Act, please be advised that Clear Hills County has
reviewed the information and documents submitted with your application for a development permit for
development described as: at
QTR/L.S.
SEC.
TWP.
RG.
M.
OR
REGISTERED PLAN NO.
BLOCK
LOT
and determined that your application is (see corresponding actions and next steps):
Complete
Incomplete
ACTION: COMPLETE APPLICATION
No further action is required from you at this time.
ACTION: INCOMPLETE APPLICATION
You are required to submit the following information/documentation by
:
NEXT STEPS: COMPLETE APPLICATION
The Development Officer will now review your application and make a decision within the next forty (40) days
from the date of receipt of this notice, unless extended by a written agreement between you and the Development
Officer. If your application is approved, conditionally approved or refused, a Notice of Decision will be issued to
you.
NEXT STEPS: INCOMPLETE APPLICATION
After receiving all the outstanding information/document(s), the Development Officer will review your application
to determine whether it is complete or incomplete. If your application is determined to be complete, an
acknowledgement will be given to you. If your application is determined to be incomplete due to failure to submit
all the required information/document(s) on or before the date given above, your application will be refused. A
notice of refusal decision will be issued, with reason, to you.
NOTE
1. A complete application determination does not constitute an approval or refusal decision for a Development
Permit application.
2. Notwithstanding the issuance of a complete application notice, Clear Hills County reserves the right to
request additional information/documentation that it considers relevant to the decision-making process.
DATE OF DECISION
Date of Decision
Signature of Development Officer
FORM C
Page 1
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
NOTICE OF DECISION - APPROVAL
DEVELOPMENT PERMIT
APPLICATION NO.:
DEVELOPMENT:
LEGAL DESCRIPTION
OF DEVELOPMENT SITE:
LAND USE DISTRICT:
NAME OF APPLICANT:
ADDRESS OF APPLICANT:
DATE APPLICATION RECEIVED:
DATE APPLICATION DEEMED COMPLETE:
DECISION:
APPROVED
APPROVED with the following conditions:
ADDITIONAL COMMENTS:
Developer is responsible to obtain permits for building, gas, plumbing and electrical hookups from a
Licensed Permitting Agency.
Date of Decision:
Date of Issue of Notice of Decision:
Signature of Development Authority:
You are hereby authorized to commence the development, subject to compliance with the following
conditions herein contained or attached:
1. That the development or construction of the said land(s) shall not commence until 21 days after the date
of issue of the Notice of Decision, as per below:
plus 21 days
Effective date of Development Permit
Date of Issue of Notice of Decision
2. That the development or construction shall be carried out in accordance with the approved plans and
applications, with setbacks indicated to property lines. No alteration shall be made to the proposed site plan
without the approval of the Development Authority of Clear Hills County.
3. That establishment of property boundaries is the sole responsibility of the applicant/ developer.
4. That the applicant/developer shall be responsible for obtaining their own assessment of soil conditions relating
to bearing capacities and consolidation in relation to the proposed development, and the development shall be
designed, executed and maintained in a manner as to ensure the development's safety and stability on the
subject lands.
5. That any other approval, permit, authorization, consent or license that may be required to ensure compliance
with applicable federal, provincial or other municipal legislation must be acquired.
FORM C
Page 2
NOTICE OF DECISION - APPROVAL
DEVELOPMENT PERMIT
APPEAL INFORMATION:
1.
The Land Use Bylaw provides that an appeal may be made to the appropriate Appeal Body by any person affected
by an order, decision or development permit of a Development Authority.
2.
You may appeal this decision of the Development Authority to one of the following Appeal Bodies:
Peace Regional Subdivision and Development Appeal Board
Land and Property Rights Tribunal
3.
An appeal to the Peace Regional Subdivision and Development Appeal Board shall be made in writing and shall be
delivered either in person or by mail to the Chief Administrative Officer at the County office NO LATER THAN 21
DAYS AFTER THE DATE OF ISSUE OF NOTICE OF DECISION. More information about the appeal process can be found
here: https://mmsa.ca/peace-regional-sdab/
4.
An appeal to the Land and Property Rights Tribunal shall be shall be made in writing and shall be submitted in
accordance with the procedures outlined by the Land and Property Rights Tribunal NO LATER THAN 21 DAYS AFTER
THE DATE OF ISSUE OF NOTICE OF DECISION. More information about the appeal process can be found here:
https://www.alberta.ca/subdivision-appeals
5.
A decision of the Appeal Body is final and binding on all parties and persons subject only to an appeal upon or
question of jurisdiction or law pursuant to the Province of Alberta Municipal Government Act, R.S.A. c.M-26, 2000.
An application of appeal to the Court of Appeal shall be made:
a)
to a judge of the Court of Appeal; and
b)
within 30 days after the issue of the order, decision, permit or approval sought to be appealed.
6. That the developer must contact Alberta One-Call to locate any utility lines on the property, prior to any ground
disturbance.
7. That, unless otherwise exempted by the Land Use Bylaw, no further development or construction, change in use
or intensity of use shall occur without a valid development permit from Clear Hills County.
8. That this permit shall be invalid should an appeal be made against the decision. Should the Appeal Body uphold
the issuance of this permit, this permit shall be valid from the date of decision and in accordance with the
conditions of the Appeal Body.
9. This permit is valid for a period of 12 months from the date of issue or the date of an approved decision of the
Appeal Board. If at the expiration of this period, the development or construction has not been commenced or
carried out with reasonable diligence, this permit shall be invalid, unless an extension to this period has previously
been granted by the Development Authority.
FORM C
Page 3
NOTICE OF DECISION - APPROVAL
DEVELOPMENT PERMIT
RIGHT TO APPEAL:
Sections 683, 684, 685, & 686 of the Municipal Government Act:
683
Except as otherwise provided in a land use bylaw, a person may not commence any development unless the person
has been issued a development permit in respect of it pursuant to the Land Use Bylaw.
684 (1) The development authority must make a decision on the application for a development permit within 40 days
after the receipt by the applicant of an acknowledgment under section 683.1(5) or (7) or, if applicable, in
accordance with a land use bylaw made pursuant to section 640.1(b).
A time period referred to in subsection (1) may be extended by an agreement in writing between the applicant
and the development authority.
If the development authority does not make a decision referred to in subsection (1) within the time required
under subsection (1) or (2), the application is, at the option of the applicant, deemed to be refused.
Section 640(5) does not apply in the case of an application that was deemed to be refused under section
683.1(8).
685 (1) If a development authority
(a)
fails or refuses to issue a development permit to a person,
(b)
issues a development permit subject to conditions, or
(c)
issues an order under section 645,
the person applying for the permit or affected by the order under section 645 may appeal the decision in
accordance with subsection (2.1).
(1.1) A decision of a development authority must state whether an appeal lies to a subdivision and development
appeal board or to the Land and Property Rights Tribunal.
(2.1) An appeal referred to in subsection (1) or (2) may be made
(a) to the Land and Property Rights Tribunal
(i)
unless otherwise provided in the regulations under section 694(1) (h.2) (i), where the land that is the
subject of the application
(A)
is within the Green Area as classified by the Minister responsible for the Public Lands Act,
(B)
contains, is adjacent to or is within the prescribed distance of a highway, a body of water, a
sewage treatment or waste management facility or a historical site,
(C)
is the subject of a licence, permit, approval or other authorization granted by the Natural
Resources Conservation Board, Energy Resources Conservation Board, Alberta Energy Regulator,
Alberta Energy and Utilities Board or Alberta Utilities Commission, or
(D)
is the subject of a licence, permit, approval or other authorization granted by the Minister of
Environment and Protected Areas or the Minister of Forestry, Parks and Tourism,
or
(ii)
in any other circumstances described in the regulations under section 694(1) (h.2) (ii), or
(b)
in all other cases, to the subdivision and development appeal board.
(2)
In addition to an applicant under subsection (1), any person affected by an order, decision or development
permit made or issued by a development authority may appeal the decision in accordance with subsection (2.1).
(2)
(3)
(4)
FORM C
Page 4
NOTICE OF DECISION - APPROVAL
DEVELOPMENT PERMIT
(3)
Despite subsections (1) and (2), no appeal lies in respect of the issuance of a development permit for a permitted
use unless the provisions of the land use bylaw were relaxed, varied or misinterpreted or the application for the
development permit was deemed to be refused under section 683.1(8).
686 (1) A development appeal is commenced by filing a notice of the appeal, containing reasons, with the board hearing
the appeal
(a)
in the case of an appeal made by a person referred to in section 685(1)
(i)
with respect to an application for a development permit,
(A)
within 21 days after the date on which the written decision is given under section 642, or
(B)
if no decision is made with respect to the application within the 40-day period, or within any
extension of that period under section 684, within 21 days after the date the period or
extension expires, or
(ii)
with respect to an order under section 645, within 21 days after the date on which the order is made,
or
(b)
in the case of an appeal made by a person referred to in section 685(2), 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.
(1.1) 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 subsection (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 subsection (2), the person files the notice with the wrong board within
21 days after the date on which the notice of the issuance of the
(c) permit was given in accordance with the land use bylaw.
(2)
The board hearing an appeal referred to in subsection (1) must hold an appeal hearing within 30 days after
receipt of a notice of appeal.
(3)
The board hearing an appeal referred to in subsection (1) must give at least 5 days' notice in writing of the
hearing
(a) to the appellant,
(b) to the development authority whose order, decision or development permit is the subject of the appeal,
and
(c) to those owners required to be notified under the land use bylaw and any other person that the subdivision
and development appeal board considers to be affected by the appeal and should be notified.
(4)
The board hearing an appeal referred to in subsection (1) must make available for public inspection before the
commencement of the hearing all relevant documents and materials respecting the appeal, including
(a) the application for the development permit, the decision and the notice of appeal, or
(b) (b) the order under section 645.
(4.1) Subsections (1)(b) and (3)(c) do not apply to an appeal of a deemed refusal under section 683.1(8).
(5) In subsection (3), "owner" means the person shown as the owner of land on the assessment roll prepared under
Part 9.
FORM D
Page 1
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
NOTICE OF DECISION - REFUSAL
DEVELOPMENT PERMIT
APPLICATION NO.:
DEVELOPMENT:
LEGAL DESCRIPTION
OF DEVELOPMENT SITE:
LAND USE DISTRICT:
NAME OF APPLICANT:
ADDRESS OF APPLICANT:
DATE APPLICATION RECEIVED:
DATE APPLICATION DEEMED COMPLETE:
DECISION:
Refused for the following reasons:
Date of Decision:
Date of Issue of Notice of Decision:
Signature of Development Authority:
APPEAL INFORMATION:
1.
The Land Use Bylaw provides that an appeal may be made to the appropriate Appeal Body by any person affected
by an order, decision or development permit of a Development Authority.
2.
You may appeal this decision of the Development Authority to one of the following Appeal Bodies:
Peace Regional Subdivision and Development Appeal Board
Land and Property Rights Tribunal
3.
An appeal to the Peace Regional Subdivision and Development Appeal Board shall be made in writing and shall be
delivered either in person or by mail to the Chief Administrative Officer at the County office NO LATER THAN 21
1. The proposed development does not comply with the Clear Hills County Land Use Bylaw
No. 278-23
2. The development is not compatible with adjacent land uses.
3. The measures proposed to mitigate the negative impacts associated with the proposed
development are not sufficient.
FORM D
Page 2
NOTICE OF DECISION - REFUSAL
DEVELOPMENT PERMIT
DAYS AFTER THE DATE OF ISSUE OF NOTICE OF DECISION. More information about the appeal process can be found
here: https://mmsa.ca/peace-regional-sdab/
4.
An appeal to the Land and Property Rights Tribunal shall be shall be made in writing and shall be submitted in
accordance with the procedures outlined by the Lands and Property Rights Tribunal NO LATER THAN 21 DAYS AFTER
THE DATE OF ISSUE OF NOTICE OF DECISION. More information about the appeal process can be found here:
https://www.alberta.ca/subdivision-appeals
5.
A decision of the Appeal Body is final and binding on all parties and persons subject only to an appeal upon or
question of jurisdiction or law pursuant to the Province of Alberta Municipal Government Act, R.S.A. c.M-26, 2000.
An application of appeal to the Court of Appeal shall be made:
a)
to a judge of the Court of Appeal; and
b)
within 30 days after the issue of the order, decision, permit or approval sought to be appealed.
RIGHT TO APPEAL:
Sections 683, 684, 685, & 686 of the Municipal Government Act:
683
Except as otherwise provided in a land use bylaw, a person may not commence any development unless the person
has been issued a development permit in respect of it pursuant to the Land Use Bylaw.
684 (1) The development authority must make a decision on the application for a development permit within 40 days
after the receipt by the applicant of an acknowledgment under section 683.1(5) or (7) or, if applicable, in
accordance with a land use bylaw made pursuant to section 640.1(b).
A time period referred to in subsection (1) may be extended by an agreement in writing between the applicant
and the development authority.
If the development authority does not make a decision referred to in subsection (1) within the time required
under subsection (1) or (2), the application is, at the option of the applicant, deemed to be refused.
Section 640(5) does not apply in the case of an application that was deemed to be refused under section 683.1(8).
685 (1) If a development authority
(a)
fails or refuses to issue a development permit to a person,
(b)
issues a development permit subject to conditions, or
(c)
issues an order under section 645,
the person applying for the permit or affected by the order under section 645 may appeal the decision in
accordance with subsection (2.1).
(1.1) A decision of a development authority must state whether an appeal lies to a subdivision and development
appeal board or to the Land and Property Rights Tribunal.
(2.1) An appeal referred to in subsection (1) or (2) may be made
(a) to the Land and Property Rights Tribunal
(i)
unless otherwise provided in the regulations under section 694(1) (h.2) (i), where the land that is the
subject of the application
(A)
is within the Green Area as classified by the Minister responsible for the Public Lands Act,
(2)
In addition to an applicant under subsection (1), any person affected by an order, decision or development
permit made or issued by a development authority may appeal the decision in accordance with subsection (2.1).
(4)
(2)
(3)
FORM D
Page 3
NOTICE OF DECISION - REFUSAL
DEVELOPMENT PERMIT
(B)
contains, is adjacent to or is within the prescribed distance of a highway, a body of water, a
sewage treatment or waste management facility or a historical site,
(C)
is the subject of a licence, permit, approval or other authorization granted by the Natural
Resources Conservation Board, Energy Resources Conservation Board, Alberta Energy Regulator,
Alberta Energy and Utilities Board or Alberta Utilities Commission, or
(D)
is the subject of a licence, permit, approval or other authorization granted by the Minister of
Environment and Protected Areas or the Minister of Forestry, Parks and Tourism,
or
(ii)
in any other circumstances described in the regulations under section 694(1) (h.2) (ii), or
(b)
in all other cases, to the subdivision and development appeal board.
(3)
Despite subsections (1) and (2), no appeal lies in respect of the issuance of a development permit for a permitted
use unless the provisions of the land use bylaw were relaxed, varied or misinterpreted or the application for the
development permit was deemed to be refused under section 683.1(8).
686 (1) A development appeal is commenced by filing a notice of the appeal, containing reasons, with the board hearing
the appeal
(a)
in the case of an appeal made by a person referred to in section 685(1)
(i)
with respect to an application for a development permit,
(A)
within 21 days after the date on which the written decision is given under section 642, or
(B)
if no decision is made with respect to the application within the 40-day period, or within any
extension of that period under section 684, within 21 days after the date the period or
extension expires, or
(ii)
with respect to an order under section 645, within 21 days after the date on which the order is made,
or
(b)
in the case of an appeal made by a person referred to in section 685(2), 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.
(1.1) 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 subsection (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 subsection (2), the person files the notice with the wrong board within
21 days after the date on which the notice of the issuance of the
(c) permit was given in accordance with the land use bylaw.
(2)
The board hearing an appeal referred to in subsection (1) must hold an appeal hearing within 30 days after
receipt of a notice of appeal.
(3)
The board hearing an appeal referred to in subsection (1) must give at least 5 days' notice in writing of the
hearing
(a) to the appellant,
FORM D
Page 4
NOTICE OF DECISION - REFUSAL
DEVELOPMENT PERMIT
(b) to the development authority whose order, decision or development permit is the subject of the appeal,
and
(c) to those owners required to be notified under the land use bylaw and any other person that the subdivision
and development appeal board considers to be affected by the appeal and should be notified.
(4)
The board hearing an appeal referred to in subsection (1) must make available for public inspection before the
commencement of the hearing all relevant documents and materials respecting the appeal, including
(a) the application for the development permit, the decision and the notice of appeal, or
(b) (b) the order under section 645.
(4.1) Subsections (1)(b) and (3)(c) do not apply to an appeal of a deemed refusal under section 683.1(8).
(5) In subsection (3), "owner" means the person shown as the owner of land on the assessment roll prepared under
Part 9.
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
COMPLIANCE CERTIFICATE
APPLICATION
FORM E
FOR ADMINISTRATIVE USE ONLY
Note: This form must be completed by the registered owner of the land or by an authorized person acting on behalf of the owner. This application
will not be accepted without the fee, and other relevant information/documentation required. Please contact the County Office if you have any
questions about the application prior to submitting the completed form.
FOIP DECLARATION
This personal information is being collected under the authority of the Municipal Government Act (MGA) and the Freedom of Information and Protection
of Privacy Act (FOIP), and is managed in accordance with the provisions of FOIP, unless disclosures are authorized under the LUB. This information will be
used to process and make a decision on the application. If you have any questions about the collection and use of your information, contact the FOIP
Coordinator at the County Office at (780) 685-3960.
APPLICATION NO.:
DATE RECEIVED:
FEES PAID:
YES
NO
N/A
APPLICATION SUBMISSION REQUIREMENTS
Minimum of TWO (2) copies of the Real Property Report / Survey Certificate prepared by an Alberta Land Surveyor, at an
appropriate scale, showing the details of the development and the relation to property boundaries so that compliance
with setbacks and yard regulations may be determined. Please check one of the following:
Real Property Report less than SIX (6) months from Date of Survey, OR
Real Property Report / Survey older than SIX (6) months from the Date of Survey - Statutory Declaration Attached
APPLICANT INFORMATION
COMPLETE IF DIFFERENT FROM APPLICANT
NAME OF APPLICANT
NAME OF REGISTERED LAND OWNER
ADDRESS
ADDRESS
POSTAL CODE
EMAIL
POSTAL CODE
EMAIL
CONTACT NUMBERS
Home
CONTACT NUMBERS
Home
Business
Business
Cell
Cell
PROPERTY INFORMATION
Land Use District
Address of Property
Legal description of proposed development site
QTR/L.S.
SEC.
TWP.
RG.
M.
OR
REGISTERED PLAN NO.
BLOCK
LOT
DATE:
SIGNATURE OF APPLICANT:
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
FORM F
APPLI
CATION FOR AMENDMENT TO THE
LAN D USE BYLAW/STATUTORY PLAN
FOR ADMINISTRATIVE USE ONLY
Note: This form must be completed by the registered owner of the land or by an authorized person acting on behalf of the owner. This application will
not be accepted without the fee, and other relevant documentation required. Please contact the County Office if you have any questions about the
application prior to submitting the completed form.
STATEMENT OF INTENT
I/We hereby make application to amend Bylaw No.
Intermunicipal Development Plan
Municipal Development Plan
Area Structure Plan (Please Specify Plan) ___________________________________
Land Use Bylaw
APPLICANT INFORMATION
COMPLETE IF DIFFERENT FROM APPLICANT
NAME OF APPLICANT
NAME OF REGISTERED LAND OWNER
MAILING ADDRESS
MAILING ADDRESS
EMAIL
EMAIL
CONTACT NUMBER
CONTACT NUMBER
AMENDMENT PROPOSAL
Map Amendment
Text Amendment
Map Amendment Information
Civic Address or General Location of Land:
Legal Description
QTR/L.S.
SEC.
TWP.
RG.
M.
OR
REGISTERED PLAN NO.
BLOCK
LOT
Certificate of Title:
Redistricting Proposal
(if applicable)
Current land use district:
Proposed land use district:
FOIP DECLARATION
This personal information is being collected under the authority of the Municipal Government Act (MGA) and the Freedom of Information and Protection
of Privacy Act (FOIP), and is managed in accordance with the provisions of FOIP, unless disclosures are authorized under the LUB. This information will be
used to process and make a decision on the application. If you have any questions about the collection and use of your information, contact the FOIP
Coordinator at the County Office at (780) 685-3925.
APPLICATION NO.:
DATE RECEIVED:
FEES PAID:
YES
NO
N/A
Page 1
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
FORM F
APPLICATION FOR AMENDMENT TO THE
LAND USE BYLAW/STATUTORY PLAN
Rationale for
proposal:
Reasons in support of Application for Amendment (Please attach additional information if necessary):
Text Amendment Information
Proposal:
Rationale for
proposal:
Reasons in support of Application for Amendment (Please attach additional information if necessary):
RIGHT OF ENTRY
I/We ____________________________________ give consent to allow a person(s) designated by the County
the right to enter and inspect the above land and/or building(s) with respect to this application only.
Signature:
Date:
CERTIFICATION AND SIGNATURE
I hereby certify that
I am the registered owner or
I am authorized to act on behalf of the registered owner(s), and that
the information given on the form is complete and is, to the best of my knowledge, a true statement
of the facts relating to this application.
SIGNATURE OF APPLICANT:
DATE:
SIGNATURE OF REGISTERED LAND OWNER:
DATE:
Page 2
SIGN
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
FORM G
TIME EXTENSON AGREEMENT
FOR ADMINISTRATIVE USE ONLY
Note: This agreement must be completed by the applicant. Please contact the County Office if you have any questions about the application prior to
submitting this form.
APPLICANT INFORMATION
Applicant:
Company:
Email Address:
Telephone:
Mailing Address:
Alternate Telephone:
DEVELOPMENT PERMIT APPLICATION INFORMATION
Development Permit File No.:
Civic Address or General Location of Project Land:
Legal Description:
Certificate of Title:
TIME EXTENSION AGREEMENT - COMPLETENESS OF APPLICATION
In accordance with Section 683.1 of the Municipal Government Act, I hereby enter into an agreement with Clear
Hills County to extend the time to determine whether the development permit application is complete or
incomplete as follows:
Current Determination Deadline:
Time Extension Date:
Applicant's Signature:
Date:
Development Officer's Signature:
Date:
TIME EXTENSION AGREEMENT - DEVELOPMENT PERMIT DECISION
In accordance with Section 684 of the Municipal Government Act, I hereby enter into an agreement with Clear
Hills County to extend the time to make a decision on the subject development permit application as follows:
Current Application Expiry:
Time Extension Date:
Applicant's Signature:
Date:
Development Officer's Signature:
Date:
FOIP DECLARATION
This personal information is being collected under the authority of the Municipal Government Act (MGA) and the Freedom of Information and Protection
of Privacy Act (FOIP), and is managed in accordance with the provisions of FOIP, unless disclosures are authorized under the LUB. This information will be
used to process and make a decision on the application. If you have any questions about the collection and use of your information, contact the FOIP
Coordinator at the County Office at (780) 685-3960.
APPLICATION NO.:
DATE RECEIVED:
EXTENSION TYPE:
DECISION
COMPLETENESS
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
FORM H
Page 1
APPLICATION FOR SIGN PLACEMENT
ON PRIVATE LAND
FOR ADMINISTRATIVE USE ONLY
APPLICANT INFORMATION
COMPLETE IF DIFFERENT FROM APPLICANT
NAME OF APPLICANT
NAME OF REGISTERED LAND OWNER
ADDRESS
ADDRESS
EMAIL
EMAIL
TELEPHONE
TELEPHONE
SIGNAGE INFORMATION
BUSINESS
ADVERTISING
DIRECTIONAL
IDENTIFICATION
PURPOSE OF SIGN:
OTHER (Please specify):
Sign Wording:
Sign Colour:
Lettering Colour:
Sign Dimensions:
Fabrication Materials: metal, plastic, wood, etc.
LAND INFORMATION
LEGAL DESCRIPTION OF PROPOSED SIGN PLACEMENT LOCATION
QTR/L.S.
SEC.
TWP.
RG.
M.
OR
REGISTERED PLAN NO.
BLOCK
LOT
FOIP DECLARATION
This personal information is being collected under the authority of the Municipal Government Act (MGA) and the Freedom of Information and Protection
of Privacy Act (FOIP), and is managed in accordance with the provisions of FOIP, unless disclosures are authorized under the LUB. This information will be
used to process and make a decision on the application. If you have any questions about the collection and use of your information, contact the FOIP
Coordinator at the County Office Clear Hills County (780) 835-546
PERMIT NO.:
DATE RECEIVED:
FEES PAID:
YES
NO
N/A
APPLICATION FOR SIGN PLACEMENT
ON PRIVATE LAND
FORM H
Page 2
SIGN SKETCH
PLEASE INDICATE LETTERING, COLOUR, GRAPHICS AND SIZE
LOCATION SKETCH
PLEASE INDICATE THE FOLLOWING ON YOUR SKETCH IF THEY APPLY TO YOUR PROPOSED SIGN PLACEMENT
Location of Accesses
Location of Existing or Proposed Buildings
Location on Roads In The Area
Setbacks from Road Allowance
THE SIGN PLACEMENT SKETCH PLAN IS TO INCLUDE DIMENSIONS OF THE SIGN, AS WELL AS PROPOSED
SETBACKS
CERTIFICATION AND SIGNATURE
I hereby certify that
I am the registered owner or
I am authorized to act on behalf of the registered owner(s), and that
the information given on the form is complete and is, to the best of my knowledge, a true statement
of the facts relating to this application.
SIGNATURE OF APPLICANT:
DATE:
SIGNATURE OF REGISTERED LAND OWNER:
DATE:
SIGN
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
FORM I
Page 1
APPLICATION FOR SIGN PLACEMENT
ON MUNICIPAL RIGHT-OF-WAY OR
MUNICIPAL RESERVE LAND
FOR ADMINISTRATIVE USE ONLY
APPLICANT INFORMATION
COMPLETE IF DIFFERENT FROM APPLICANT
NAME OF APPLICANT
NAME OF REGISTERED LAND OWNER
ADDRESS
ADDRESS
EMAIL
EMAIL
TELEPHONE
TELEPHONE
SIGNAGE INFORMATION
PURPOSE OF SIGN:
BUSINESS
ADVERTISING
DIRECTIONAL
IDENTIFICATION
OTHER (Please specify):
Sign Wording:
Sign Colour:
Lettering Colour:
Sign Dimensions:
Fabrication Materials:
metal, plastic, wood, etc.
Sign is Located on (Mark All Applicable):
Municipal Reserve Land
Municipal Right-of-Way
Temporary Sign Expiry Date:
FOIP DECLARATION
This personal information is being collected under the authority of the Municipal Government Act (MGA) and the Freedom of Information and Protection
of Privacy Act (FOIP), and is managed in accordance with the provisions of FOIP, unless disclosures are authorized under the LUB. This information will be
used to process and make a decision on the application. If you have any questions about the collection and use of your information, contact the FOIP
Coordinator at the County Office at (780) 685-3960.
PERMIT NO.:
DATE RECEIVED:
FEES PAID:
YES
NO
N/A
APPLICATION FOR SIGN PLACEMENT
ON PRIVATE LAND
FORM I
Page 2
LAND INFORMATION
DESCRIPTION OF PROPOSED SIGN PLACEMENT LOCATION (FILL ALL THAT APPLY)
Street Address:
Intersection:
Type of Municipal Land Site (I.E. Park, School):
Other Information:
SIGN SKETCH
PLEASE INDICATE LETTERING, COLOUR, GRAPHICS AND SIZE
CERTIFICATION AND SIGNATURE
I hereby certify that the information given on the form is complete and is, to the best of my knowledge, a true
statement of the facts relating to this application.
SIGNATURE OF APPLICANT:
DATE:
SIGN
FORM J
Page 1
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
APPLICATION FOR SIGN
PLACEMENT FOR RECREATIONAL
& COMMUNITY FACILITY AND/
OR A HISTORICAL LANDMARK
FOR ADMINISTRATIVE USE ONLY
Note: This form must be completed by the individual or entity applying for the sing. This application will not be accepted without the fee (if required),
and other relevant information/documentation required. Please contact the County Office if you have any questions about the application prior to
submitting this application.
APPLICANT INFORMATION
NAME OF ATTRACTION
NAME OF APPLICANT
ADDRESS OF ATTRACTION
ADDRESS
POSTAL CODE
EMAIL
POSTAL CODE
EMAIL
LEGAL LAND DESCRIPTION OF ATTRACTION
QTR/L.S.
SEC.
TWP.
RG.
M.
OR
REGISTERED PLAN NO.
BLOCK
LOT
CONTACT NUMBERS
Home
Business
Cell
SITE INFORMATION
Distance from the attraction to the closest Provincial Highway:
km from Highway No.
(A Provincial Highway is a one, two or three digit highway. Examples are Highway No. 2, 64, 685. If possible
provide a simple map showing your location.)
In the space below, provide ALL relevant information concerning your operation, attraction or historical
landmark.
PERMIT NO.:
DATE RECEIVED:
FEES PAID:
YES
NO
N/A
FOIP DECLARATION
This personal information is being collected under the authority of the Municipal Government Act (MGA) and the Freedom of Information and Protection
of Privacy Act (FOIP), and is managed in accordance with the provisions of FOIP, unless disclosures are authorized under the LUB. This information will be
used to process and make a decision on the application. If you have any questions about the collection and use of your information, contact the FOIP
Coordinator at the County Office at (780) 685-3960.
FORM J
Page 2
APPLICATION FOR SIGN PLACEMENT FOR
RECREATIONAL & COMMUNITY FACILITY
AND/OR A HISTORIC LANDMARK
RECREATIONAL AND COMMUNITY FACILITIES ONLY
Hours and days of operation:
Yearly opening period:
FURTHER CRITERIA REQUIREMENTS:
Comply with municipal, provincial and federal laws regarding health, public safety, etc.?
YES
NO
Maintain washroom facilities are required by health authorities?
YES
NO
Provide adequate parking?
YES
NO
Provide wheelchair accessibility, designated parking stall, easy building access?
YES NO
ALL SIGNAGE REQUESTS
I am requesting signs in the right-of-way:
For the first time
To replace existing signs.
In the space below, describe the sign(s) you are requesting and where you are requesting they be located.
(if possible provide diagrams and maps)
FORM J
Page 3
APPLICATION FOR SIGN PLACEMENT FOR
RECREATIONAL & COMMUNITY FACILITY
AND/OR A HISTORIC LANDMARK
LOCATION SKETCH
PLEASE INDICATE THE FOLLOWING ON YOUR SKETCH IF THEY APPLY TO YOUR PROPOSED SIGN PLACEMENT
Location of Municipal Buildings
Setbacks from Municipal Road Allowance
Setbacks from Municipal Allowance
Setbacks from Highway Right-of-Way
THE SIGN PLACEMENT SKETCH PLAN IS TO INCLUDE DIMENSIONS OF THE SIGN, AS WELL AS PROPOSED
SETBACKS
DECLARATION
I certify that the information provided is correct and understand that non-compliance with this application and
program guidelines shall result in removal of all County provided Recreational directional signage.
DATE:
SIGNATURE OF APPLICANT:
SIGN
FORM K
Page 1
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
DEVELOPMENT PERMIT
APPLICATION REFERRAL
NOTIFICATION
Pursuant to the Clear Hills County Land Use Land Bylaw/Intermunicipal Development Plan, this is to notify you
that Clear Hills County has received a development permit application as follows:
APPLICATION NO.:
DATE RECIVED:
LEGAL DESCRIPTION OF DEVELOPMENT SITE:
PROPOSED DEVELOPMENT:
LAND USE DISTRICT:
COMMENTS/FEEDBACK
Please provide any comments/feedback you have below and submit the completed form to the County
Office no later than:
Name:
Date:
Signature:
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
PUBLIC NOTICE
DEVELOPMENT PERMIT APPROVAL
DATE OF DECSION:
Permit No.
Development
Land Use District
Address
APPEAL INFORMATION:
1.
The Land Use Bylaw provides that an appeal may be made to the appropriate Appeal Body by any person claiming to
be affected by an order, decision or development permit of a Development Authority.
2.
You may appeal this decision of the Development Authority to one of the following Appeal Bodies:
Peace Regional Subdivision and Development Appeal Board
Land and Property Rights Tribunal
3.
An appeal to the Peace Regional Subdivision and Development Appeal Board shall be made in writing and shall be
delivered either in person or by mail to the Chief Administrative Officer at the County office NO LATER THAN 21DAYS
AFTER THE DATE OF ISSUE OF NOTICE OF DECISION. More information about the appeal process can be found here:
https://mmsa.ca/peace-regional-sdab/
4.
An appeal to the Land and Property Rights Tribunal shall be shall be made in writing and shall be submitted in
accordance with the procedures outlined by the Land and Property Rights Tribunal NO LATER THAN 21 DAYS
AFTERTHE DATE OF ISSUE OF NOTICE OF DECISION. More information about the appeal process can be found here:
https://www.alberta.ca/subdivision-appeals
5.
A decision of the Appeal Body is final and binding on all parties and persons subject only to an appeal upon question
of jurisdiction or law pursuant to the Province of Alberta Municipal Government Act, R.S.A. c.M-26,2000. An application
of appeal to the Court of Appeal shall be made:
(a)
to a judge of the Court of Appeal; and
(b)
within 30 days after the issue of the order, decision, permit or approval sought to be appealed.
Pursuant to section 685(3) of the Municipal Government Act, no appeal lies in respect of a development permit for a
permitted use, unless the provisions of the Land Use Bylaw were relaxed, varied, or misinterpreted, or the application for the
development permit was deemed to be refused under section 683.1(8).
Shelby Janzen
Development Officer
FORM L
FORM M
Page 1
CLEAR HILLS COUNTY
Box 240
Worsley AB T0H 3W0
Telephone: 780-685-3925
Fax: 780-685-3960
Email: [email protected]
STOP ORDER
Section 645, Municipal Government Act
RSA, 2000, as amended
MODE OF DELIVERY:
Registered Mail
Hand Delivered
ORDER RECIPIENT
This order is issued to:
PROPERTY INFORMATION
This Stop Order applies to development involving:
On lands legally described as:
NATURE OF CONTRAVENTION
The development is in contravention of the Clear Hills County Land Use Bylaw No. No. 278-23. Section
XXX of the Bylaw states:
Section 5.2.1 (1) of the Land Use Bylaw (attached) state as follows:
(1) Where the Development Authority finds that a development or use of land or buildings is not in
accordance with Part 17 of the Municipal Government Act, this Bylaw, or a development permit
or subdivision approval, the Development Authority may, in accordance with section 645 of the
MGA, provide in writing a Stop Order which orders the owner, the person in possession of the
land or building, or the person responsible for the contravention, or any or all of them to:
(a) Stop the development or use of the land or buildings in whole or in part as directed by the notice;
(b) Demolish, remove, or replace the development; or
(c) Take such other measures as are specified in the notice so that the development, or use of the
land or buildings, complies with Part 17 of the MGA, the regulations under the MGA, a
development permit or subdivision approval, or this Bylaw, as the case may be.
FORM M
Page 2
STOP ORDER
ORDER DETAILS
Accordingly, I am hereby ordering you in my capacity as the Development Officer of Clear Hills County
to:
STOP THE DEVELOPMENT WITH IMMEDIATE EFFECT
DEMOLISH/REMOVE/REPLACE THE DEVELOPMENT
AND/OR TAKE THE FOLLOWING ACTION(S)
COMPLIANCE DATE
This order shall be complied with by
FAILURE TO COMPLY
Failure or refusal to comply with this order may result in a person or persons appointed by the Council of
Clear Hills County entering upon the land or building and taking any actions necessary to carry out the
order, or bringing the lands into compliance, including seeking an injunction or other relief from the Court
of King's Bench of Alberta, in accordance with provisions of the Municipal Government Act. The County
may also register a caveat in respect of this Stop Order against the certificate of title for your property,
pursuant to the Land Tiles Act, unless and until the order is complied with.
In the event that the County decides to execute this order, Council shall cause the costs incurred to be
placed on the tax roll as an additional tax against your property, in accordance with section 553(1)(h.1)
of the Municipal Government Act.
RIGHT OF APPEAL
You are further notified that you have the right to appeal this decision within fourteen (14) days from the
date of issue of decision. Additional information about the appeal process is attached.
ORDER DATE AND SIGNATURE OF DEVELOPMENT AUTHORITY
Date of Issue of Stop Order
Signature of Development Officer
FORM M
Page 3
STOP ORDER
APPEAL INFORMATION:
1.
The Land Use Bylaw provides that an appeal may be made to the appropriate Appeal Body by any person claiming
to be affected by an order, decision or development permit of a Development Authority.
2.
You may appeal this decision of the Development Authority to one of the following Appeal Bodies:
Peace Regional Subdivision and Development Appeal Board
Land and Property Rights Tribunal
3.
An appeal to the Peace Regional Subdivision and Development Appeal Board shall be made in writing and shall be
delivered either in person or by mail to the Chief Administrative Officer at the County office NO LATER THAN
21DAYS AFTER THE DATE OF ISSUE OF NOTICE OF DECISION. More information about the appeal process can be
found here: https://mmsa.ca/peace-regional-sdab/
4.
An appeal to the Land and Property Rights Tribunal shall be shall be made in writing and shall be submitted in
accordance with the procedures outlined by the Land and Property Rights Tribunal NO LATER THAN 21 DAYS
AFTERTHE DATE OF ISSUE OF NOTICE OF DECISION. More information about the appeal process can be found
here: https://www.alberta.ca/subdivision-appeals
5.
A decision of the Appeal Body is final and binding on all parties and persons subject only to an appeal upon
question of jurisdiction or law pursuant to the Province of Alberta Municipal Government Act, R.S.A. c.M-26,2000.
An application of appeal to the Court of Appeal shall be made:
(a)
to a judge of the Court of Appeal; and
(b)
within 30 days after the issue of the order, decision, permit or approval sought to be appealed.
Pursuant to section 685(3) of the Municipal Government Act, no appeal lies in respect of a development permit
for a permitted use, unless the provisions of the Land Use Bylaw were relaxed, varied, or misinterpreted, or the
application for the development permit was deemed to be refused under section 683.1(8).
RIGHT TO APPEAL:
Sections 683, 684, 685 & 686 of the Municipal Government Act:
684 (1) The development authority must make a decision on the application for a development permit within
40 days after the receipt by the applicant of an acknowledgment under section 683.1(5) or (7) or, if
applicable, in accordance with a land use bylaw made pursuant to section 640.1(b).
(2)
A time period referred to in subsection (1) may be extended by an agreement in writing between the
applicant and the development authority.
(3)
If the development authority does not make a decision referred to in subsection (1) within the time
required under subsection (1) or (2), the application is, at the option of the applicant, deemed to be refused.
Except as otherwise provided in a land use bylaw, a person may not commence any development unless the
person has been issued a development permit in respect of it pursuant to the Land Use Bylaw.
683
FORM M
Page 4
STOP ORDER
section 683.1(8).
685 (1) If a development authority
(a)
fails or refuses to issue a development permit to a person,
(b)
issues a development permit subject to conditions, or
(c)
issues an order under section 645,
(1.1) A decision of a development authority must state whether an appeal lies to a subdivision and
development appeal board or to the Land and Property Rights Tribunal.
In addition to an applicant under subsection (1), any person affected by an order, decision or
development permit made or issued by a development authority may appeal the decision in
accordance with subsection (2.1).
(2.1) An appeal referred to in subsection (1) or (2) may be made
(a) to the Land and Property Rights Tribunal
(i)
unless otherwise provided in the regulations under section 694(1) (h.2) (i), where the land
that is the subject of the application
(A)
is within the Green Area as classified by the Minister responsible for the Public Lands
Act,
(B)
contains, is adjacent to or is within the prescribed distance of a highway, a body of
water, a sewage treatment or waste management facility or a historical site,
(C)
is the subject of a licence, permit, approval or other authorization granted by the
Natural Resources Conservation Board, Energy Resources Conservation Board, Alberta
Energy Regulator, Alberta Energy and Utilities Board or Alberta Utilities Commission, or
(D)
is the subject of a licence, permit, approval or other authorization granted by the
Minister of Environment and Protected Areas or the Minister of Forestry, Parks and
Tourism, or
(ii)
in any other circumstances described in the regulations under section 694(1) (h.2) (ii),
or
(b)
in all other cases, to the subdivision and development appeal board.
(3)
Despite subsections (1) and (2), no appeal lies in respect of the issuance of a development permit for a
permitted use unless the provisions of the land use bylaw were relaxed, varied or
misinterpreted or the application for the development permit was deemed to be refused under section
683.1(8).
686 (1) A development appeal is commenced by filing a notice of the appeal, containing reasons, with the
board hearing the appeal
(a)
in the case of an appeal made by a person referred to in section 685(1)
(4) Section 640(5) does not apply in the case of an application that was deemed to be refused under
the person applying for the permit or affected by the order under section 645 may appeal the decision in
accordance with subsection (2.1).
(2)
FORM M
Page 5
STOP ORDER
(i)
with respect to an application for a development permit,
(A)
within 21 days after the date on which the written decision is given under section
642, or
(B)
if no decision is made with respect to the application within the 40-day period, or
within any extension of that period under section 684, within 21 days after the
date the period or extension expires, or
(ii)
with respect to an order under section 645, within 21 days after the date on which the
order is made, or
(b)
in the case of an appeal made by a person referred to in section 685(2), 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.
(1.1) 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 subsection (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 subsection (2), the person files the notice with the wrong
board within 21 days after the date on which the notice of the issuance of the
(c)
permit was given in accordance with the land use bylaw.
(a)
the application for the development permit, the decision and the notice of appeal, or
(b)
the order under section 645.
(4.1) Subsections (1)(b) and (3)(c) do not apply to an appeal of a deemed refusal under section 683.1(8).
(5)
In subsection (3), "owner" means the person shown as the owner of land on the assessment roll
prepared under Part 9.
The board hearing an appeal referred to in subsection (1) must make available for public inspection
before the commencement of the hearing all relevant documents and materials respecting the appeal,
including
(4)
(2)
The board hearing an appeal referred to in subsection (1) must hold an appeal hearing within 30 days
after receipt of a notice of appeal.
The board hearing an appeal referred to in subsection (1) must give at least 5 days' notice in writing of
the hearing
(a)
to the appellant,
(b)
to the development authority whose order, decision or development permit is the subject of
the appeal, and
(c)
to those owners required to be notified under the land use bylaw and any other person that the
subdivision and development appeal board considers to be affected by the appeal and should be
notified.
(3)