Clearwater County Land Use Bylaw (Bylaw 25/050, consolidated as Bylaw 26-050 Amended May 2026)
Clearwater County, Alberta
· No. 25/050
· adopted 2025-09-09
· summary & facts
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Snapshot 61e6b6dface5 · verified 2026-09-27 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
CLEARWATER COUNTY
BYLAW NUMBER 26/095
Being a bylaw of Cleanrvater County, in the Province of Alberta, for the purpose of
amending the Land Use Bylaw, being Bylaw 25lO5O.
PURSUANT, to the Authority conferred upon it by the Municipal Government Act,
Revised Statutes of Alberta, 2000, Chapter M-26 and amendments thereto, and;
AND WHEREAS, a Council is authorized to prepare, to adopt, and to amend a Land
Use Bylaw to regulate and control the use and development of land and buildings within
the Municipality;
AND WHEREAS, pursuant to the Municipal Government Act, RSA 2000, Chapter M-26,
as amended, the amendment of a bylaw must be made in the same way as the original
bylaw and is subject to the same consents or conditions or advertising requirements
that apply to the passing of the original bylaw;
NOW THEREFORE, the Council of the Municipality of Cleanuater County in the
Province of Alberta, duly assembled enacts as follows:
1 AMENDMENTS
1.1
Add "Dwelling - Manufactured - Standalone Parcel" to the list of Permitted
Uses in the Country Residential (CR) District and the Country Residential
Agricultural (CRA) District.
1.2 Add "Multi-Lot" to the "Dwelling - Manufactured" listed as a Discretionary Use in
the Country Residential (CR) District and the Country ResidentialAgricultural
(CRA) District.
Amend the use "One Accessory Building over 23.2m2 (25O sq ft)" to say
"Accessory Building" in the list of Permitted Uses in the Country Residential
(CR) District, the Country ResidentialAgricultural (CRA) District, the Hamlet
Residential (HR) District, the Hamlet Multiple-Dwelling (HMD) District, and the
Leisure Residence (LR) District.
1.3
1.4
Remove "AdditionalAccessory Building(s) beyond those listed as Permitted
Uses" from the list of Discretionary Uses in the Country Residential (CR)
District, the Country ResidentialAgricultural (CRA) District, the Hamlet
Residential (HR) District, the Hamlet Multiple-Dwelling (HMD) District, and the
Leisure Residence (LR) District.
1.5 Add the following to Site Regulations in the Hamlet Residential (HR) District:
$[5';1ryo"'
Page 1 of3
BYLAW 261095
Front Yard Setbacks - Manufactured Home Lot - 6.0m (19.7 ft)
Side Yard Setbacks - Manufactured Home Lot - 1 .52m (4.99 ft) from an
exterior property line and 0.9m (2.95 ft) from and interior property line.
Rear Yard Setbacks - Manufactured Home Lot - 3.0m (9.84 ft)
Add the following to Site Regulations in the Nordegg Urban Residential (NUR)
District:
2 EFFECTIVE DATE
2.1 This bylaw comes into force and effect upon third and final reading
Read a first time on
\ a day or Cn*S , aOA/,
Reeve
Ch ief Administrative Officer
1.6
1.8
"Laned Lots" to the existing Rear Yard Setbacks - Dwellings
Rear Yard Setbacks - Dwellings - No Lane Lot -A minimum of 6.0 metres
(19.7 feet).
1.7 Amend the following to Site Regulations in the Nordegg Urban Residential
(NUR) District:
Under Building Heights -Amend "Each storey shall not exceed 2.7m (8.8 ft)
measured from floor to ceiling" to say, "Each storey shall not exceed 2.75m (9.O
ft) measured from floor to ceiling."
lf any Section, sub-Section, clause or phrase of this Bylaw is, for any reason,
found to be invalid by a court, it will be deemed to be severed, and the reminder
of the Bylaw will remain valid and enforceable in accordance with its terms.
@95';xpo"*
Page 2 of 3
BYLAW 26/095
Public hearing held on I
day of June
, OOAL
Read a second time on Q aay otJ u
Aoa6
Read a third and final time on -3_day of&--,
AOAA
Reeve
Chief Administrative Officer
9Ebfiffi*'"
Page 3 of 3
BYLAW 261095
Will
As Amended May 2026
Page 1 of 228
Land Use Bylaw - 25/050 - September 9, 2025
TABLE OF CONTENTS
USER GUIDE
6
PART 1:
GENERAL
8
1.1
Short Title
8
1.2
Previous Bylaw
8
1.3
Effect and Application of this Bylaw
8
1.4
Purpose
8
1.5
Compliance with Other Laws
9
1.6
Land Use Policies
9
1.7
Interpretation
9
PART 2:
AUTHORITIES
10
2.1
Development Authority
10
2.2
Development Officer
11
2.3
Subdivision Authority
12
2.4
Subdivision and Development Appeal Board and Land and Property Rights Tribunal
12
PART 3:
DEVELOPMENT CONTROL, SUBDIVISION AND PERMITS
13
3.1
Control of Development
13
3.2
Development Not Requiring a Development Permit
13
3.3
Subdivision and Development Application Process
17
3.4
Development Applications
18
3.5
Referral of Development Applications
21
3.6
Decisions on Development Applications
22
3.7
Variances
25
3.8
Development Permit and Notice of Decision
25
3.9
Development Permits and Their Validity
26
3.10
Development Agreements
27
3.11
Development Securities
28
3.12
Development Permit for Temporary Buildings and Uses of Land
29
3.13
Non-Conforming Buildings and Uses
29
PART 4:
SUBDIVISION PROCESS
31
4.1
Requirements for Subdivision Applications
31
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Land Use Bylaw - 25/050 - September 9, 2025
4.2
Referral of Subdivision Applications
33
4.3
Decision on Subdivision Applications
33
4.4
Post-Subdivision Approval
34
4.5
Resubmission of Subdivision Applications
35
PART 5:
APPEALS
36
5.1
Development Permit and Stop Order Appeals
36
5.2
Subdivision Approval Appeals
36
PART 6:
ENFORCEMENT
37
6.1
General
37
6.2
Right of Entry: Inspections, Remedial and Enforcement Action
37
6.3
Written Orders and Penalties
37
6.4
Municipal Tag
38
6.5
Service of Written Orders and Municipal Tags
39
6.6
Violation Ticket
39
6.7
Offences
39
6.8
Penalties
40
PART 7:
AMENDMENTS
42
7.1
Amending the Land Use Bylaw
42
7.2
Bylaw Amendment Process
44
PART 8:
GENERAL PARCEL AND DEVELOPMENT REGULATIONS
46
8.1
Applicability
46
8.2
Development on Substandard Lots
46
8.3
Accessory Buildings
46
8.4
Building Site Design & Vehicular Access and Flow
48
8.5
Corner Lots
48
8.6
Moved, Relocated Buildings and Dwelling - Relocated
48
8.7
Number of Dwelling Units Allowed Per Parcel
49
8.8
Building Setbacks
51
8.9
Building Heights
58
8.10
Development Setbacks from Roads and Intersections
59
8.11
Development Setbacks from Wastewater Treatment, Landfill and Waste Sites
60
8.12
Site Elevation/Grade
60
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Land Use Bylaw - 25/050 - September 9, 2025
8.13
Projections into Yards within Hamlets
60
8.14
Objects Prohibited or Restricted in Yards
61
8.15
Building Design, Character and Appearance
62
8.16
Landscaping
63
8.17
Fences and Screening
65
8.18
Lighting and Illumination
66
8.19
Servicing Requirements
67
8.20
Bareland Condominium
67
PART 9:
SPECIFIC DEVELOPMENT REGULATIONS
68
9.1
Campgrounds (Major and Minor)
68
9.2
Confined Feeding Operations
70
9.3
Data Processing Centre
71
9.4
Day Homes
71
9.5
Development On or Near Slopes
71
9.6
Direct Market Sales
72
9.7
Dugouts and Fishponds
73
9.8
Dwelling - Bed and Breakfast
73
9.9
Dwelling - Guest House / Room
74
9.10
Dwelling - Manufactured
74
9.11
Dwelling - Secondary Suite
75
9.12
Dwelling - Security / Surveillance
76
9.13
Environmentally Significant Areas
76
9.14
Farm Subsidiary Business
79
9.15
Flood Prone Lands
79
9.16
Historical and Archeological Sites
81
9.17
Home Occupations (Major and Minor)
81
9.18
Kennels
83
9.19
Recreational Vehicle Storage - Commercial
84
9.20
Recreational Vehicle Storage & Temporary Use - Personal
85
9.21
Remote Area - Wildfire Prevention
86
9.22
Renewable Energy - Personal Use - Solar Collectors
86
9.23
Renewable Energy - Personal - Wind Energy Conversion Systems- small (WECS-small)
87
9.24
Renewable Energy - Commercial/Industrial - Solar Collection Facility
91
9.25
Renewable Energy - Commercial/Industrial - Wind Energy Conversion Systems (WECS)
94
9.26
Renewable Energy - Other and Alternative Facility Development Projects
98
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Land Use Bylaw - 25/050 - September 9, 2025
9.27
Restricted Substance Retail & Cannabis Production Facilities
102
9.28
Sea-Cans (C-Can)
102
9.29
Site Alterations (Stripping & Grading) & Topsoil Removal
104
9.30
Short Term Rentals
104
9.31
Subdivision Near Water
105
9.32
Telecommunications Tower (Antenna System)
105
9.33
Backyard Beehive in Hamlets and Multi-Lot Subdivisions
105
PART 10:
PARKING AND SIGNAGE REGULATIONS
107
10.1
Off-Street Parking and Loading Requirements
107
10.2
Signs
109
PART 11:
LAND USE DISTRICTS
119
11.1
Agricultural (A) District
119
11.2
Country Residential (CR) District
122
11.3
Country Residential Agricultural (CRA) District
125
11.4
Hamlet Residential (HR) District
128
11.5
Hamlet Multiple-Dwelling (HMD) District
131
11.6
Leisure Residence (LR) District
134
11.7
Manufactured Home Park (MHP) District
137
11.8
Nordegg Urban Residential (NUR) District
141
11.9
Industrial (I) District
145
11.10
Hamlet Commercial & Mixed-Use (HCM) District
149
11.11
Highway Development (HD) District
153
11.12
Nordegg Historic Core Commercial (NHC) District
156
11.13
Community Amenity (CA) District
159
11.14
Recreation - Major (R-Ma) District
162
11.15
Recreation - Minor (R-Mi) District
165
11.16
Public Airport (PA) District
168
11.17
David Thompson Development Nodes (DTN) District
170
11.18
Crown Land (CL) District
173
11.19
Direct Control: Compassionate Care and Special Health Services (DC-CC) District
175
11.20
Direct Control: Large-Scale Renewable Energy (DC-RE) District
178
11.21
Direct Control - Aggregate Extraction / Processing (DC - AE) District
182
11.22
Direct Control - Communal Settlement (DC-CS) District
189
Page 5 of 228
Land Use Bylaw - 25/050 - September 9, 2025
PART 12:
HAMLET OF NORDEGG LOT AND BUILDING DESIGN REGULATIONS
192
12.1
Applicability
192
12.2
Design, Character and Appearance of Buildings
192
12.3
FireSmart Considerations
193
12.4
Landscape Design
193
12.5
Utilities
194
12.6
Servicing
194
12.7
Outdoor Storage & Waste Enclosures
194
12.8
Outdoor Lighting
194
12.9
Signage
195
12.10
Site Design
195
12.11
Storage & Unsightly Premises
195
DEFINITIONS
196
FIGURES
Figure 1: Accessory Building
47
Figure 2: Corner Lot Setbacks
48
Figure 3: Yards - Front, Side and Rear
52
Figure 4: Setbacks for County Road Allowances
53
Figure 5: Setbacks to County Road Allowances and Internal Subdivision
54
Figure 6: Setbacks to Highways and County Road Allowances
55
Figure 7: Setbacks to Highways and Internal Roads
56
Figure 8: Highway Setbacks
57
Figure 9: Building Height
58
Figure 10: Road Curve Setbacks
59
Figure 11: Projections into Yards
Figure 12: Projections into Yards - Aerial View
61
Figure 13: Buffer between residential and commercial development
64
Figure 14: Buffer area to the road
65
Figure 15: Buffer area to the road: cross section
65
Figure 16: Bank and Slope
72
Figure 17: Secondary Suite
76
Figure 18: Flood Prone Lands
81
PART 13: MAPS
MAPS ATTACHED - HAMLETS AND TOWNSHIPS
Page 6 of 228
Land Use Bylaw - 25/050 - September 9, 2025
User Guide
The following is intended for information only and does not form part of the Clearwater County Land
Use Bylaw.
The Land Use Bylaw establishes regulations for the use of land and buildings in Clearwater County.
It regulates the type, location and intensity of land uses and buildings, and also outlines the
process for land use designation, subdivision and development permits to develop property.
The Land Use Bylaw reflects County regulations, and policy, including Clearwater County's
Municipal Development Plan (MDP). While the regulations were drafted in consideration of higher-
level statutory regulations such as the Municipal Government Act (MGA), these other Bylaws,
regulations and Acts must also be observed when submitting an application. While referenced in
the Land Use Bylaw where possible, it is up to the individual Applicant to ensure that relevant laws
are observed.
As a reference document, the Land Use Bylaw's Table of Contents is an important index. The Bylaw
is organized in thirteen (13) parts which group sections with related information. The thirteen (13)
parts are as follows:
PART 1: GENERAL
PART 2: AUTHORITIES
PART 3: DEVELOPMENT CONTROL, SUBDIVISION AND PERMITS
PART 4: SUBDIVISION PROCESS
PART 5: APPEALS
PART 6: ENFORCEMENT
PART 7: AMENDMENTS
PART 8: GENERAL PARCEL AND DEVELOPMENT REGULATIONS
PART 9: SPECIFIC DEVELOPMENT REGULATIONS
PART 10: PARKING AND SIGN REGULATIONS
PART 11: LAND USE DISTRICTS
PART 12: HAMLET OF NORDEGG LOT AND BUILDING DESIGN REGULATIONS
PART 13: MAPS
Page 7 of 228
Land Use Bylaw - 25/050 - September 9, 2025
Using the Land Use Bylaw to Determine Zoning and Regulations for a Specific Parcel
1. To determine regulations applicable to a specific parcel, you must first find the parcel on
the official Land Use District Maps (Part 13 of this Bylaw). The appropriate map will show
the district that applies to the parcel.
2. Look up the corresponding regulations. Start with the regulations outlined in the specific
Land Use District (Part 11). The base district identifies what uses are permitted or
discretionary and contains most standards that apply. These development regulations can
help guide the preparation of a subdivision and/or development permit application. Some
uses and types of development have additional special regulations that may apply. These
may be contained in Parts 8 and 9 of this Bylaw. It is recommended to check these sections
(or at least the sub-sections of these Parts in the Table of Contents) to confirm whether
these Parts apply to your application.
3. Part 10 outlines Parking and Sign regulations. If your application is proposing new signage
and/or requires parking, information on the requirements are outlined in Part 10 of the
Bylaw.
4. Most importantly, discuss your proposed land use or development with staff from
Clearwater County's Planning and Development Department. They will be able to assist in
utilizing the Land Use Bylaw to ensure your application aligns with it.
If you require assistance with the regulations or processes contained in the Land Use Bylaw, please
call or visit Clearwater County's Planning & Development Department. The official and most recent
version of the Land Use Bylaw and amendments is located at the County's offices and/or on the
County website. This version of the Land Use Bylaw should be consulted in all cases where an
officially certified version of the Bylaw is required.
Page 8 of 228
Land Use Bylaw - 25/050 - September 9, 2025
PART 1:
GENERAL
1.1
Short Title
1.1.1. This Bylaw may be cited as the "Clearwater County Land Use Bylaw."
1.2
Previous Bylaw
1.2.1.
Bylaw No. 714/01 and amendments thereto are hereby repealed at such time as this
Bylaw has received 3rd reading and signed in accordance with Municipal Government
Act (MGA).
1.3
Effect and Application of this Bylaw
1.3.1.
This Bylaw comes into effect upon the date of third and final reading.
1.3.2.
No development shall be carried out within the County except in accordance with this
Bylaw.
1.3.3.
If one or more provisions of this Bylaw are for any reason declared to be invalid, all
remaining provisions are to remain in full force and effect.
1.3.4.
Any application for a Development Permit, which is deemed complete prior to the
effective date of this Bylaw, shall be processed in accordance with Bylaw No 714/01.
1.3.5.
The standard of measurement used in this Bylaw is metric and any reference to imperial
measure is for convenience.
1.4
Purpose
1.4.1.
The purpose of this Bylaw is to regulate the use and development of land and buildings
within the County to achieve the orderly development of land, and for that purpose,
amongst other things:
a) to divide the County into land use districts;
b) to prescribe and regulate for each land use district the purposes for which land
and buildings may be used;
c) to outline duties for the development authorities, being the Development
Officer, Municipal Planning Commission and Council;
d) to establish a method of making decisions on applications for Development
Permits including the issuing of Development Permits;
e) to provide the manner in which the notice of issuance of a Development Permit
is to be given; and
Page 9 of 228
Land Use Bylaw - 25/050 - September 9, 2025
f)
to provide a regulatory framework that supports the policies and objectives of
the Municipal Development Plan (MDP) and ensure its implementation in
planning and development decisions across the County.
1.5
Compliance with Other Laws
1.5.1.
Further to the privileges and requirements pursuant to this Bylaw, developments and
uses on land in the Municipality are subject to the constraints of other relevant
legislation and regulations including municipal, provincial and federal laws, and
respecting any easements, covenants, agreements and other contracts affecting the
land or development.
1.6
Land Use Policies
1.6.1.
Every action undertaken by the County and its Development and Subdivision Authorities
must be consistent with any land use policies established pursuant to Part 17 of the
MGA. Where the regulations of this Bylaw are in conflict with provincial regulations
and/or the MGA, the provincial regulation and/or the MGA shall supersede this Bylaw.
1.7
Interpretation
1.7.1.
Compliance with regulations in this Bylaw shall be interpreted and applied as outlined:
a) "Shall" and "Must" are directive terms requiring mandatory compliance.
b) "Should" is a directive term which means an action is preferable, not
mandatory, to achieve compliance but there may be circumstances when the
action is not carried out or a different action is acceptable.
c) "May" is a discretionary term.
1.7.2.
Words, terminology or phrases that are not defined in this Bylaw may be defined in the
Municipal Government Act, the Matters Related to Subdivision and Development
Regulation, the Interpretation Act, or the Alberta Building Code. Where no definition is
provided, a standard English Dictionary shall be used.
1.7.3.
When reference or specifics of other legislation is outlined in this Bylaw, this refers to
other legislation as amended from time to time. If amendments to legislation referenced
and outlined in this Bylaw occurs and this Bylaw is out of date, provincial, federal or
other applicable updated legislation shall supersede this Bylaw.
1.7.4.
Illustrations and diagrams are for illustrative purposes only and the language of the
Bylaw prevails in a conflict.
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Land Use Bylaw - 25/050 - September 9, 2025
PART 2:
AUTHORITIES
2.1
Development Authority
2.1.1.
The Development Authority is hereby established to exercise development powers and
perform duties on behalf of the County.
2.1.2.
The office of the Development Officer is hereby established, and the Chief
Administrative Officer (CAO) shall be the Development Officer for Clearwater County.
2.1.3.
The role of the Municipal Planning Commission (MPC) is established by Clearwater
County Bylaw 25/020.
2.1.4.
The Development Authority shall consist of the following:
a) Council:
i.
with respect to all Development Permit applications for Discretionary Uses
within Direct Control (DC) Districts unless the District specifies an alternate
Approving Authority;
ii.
with respect to Development Permit applications for Permitted Uses
within Direct Control (DC) Districts which involve variance requests in
excess of 20% of the relevant numerical value, unless otherwise specified
within the Direct Control District; and
iii.
with respect to any planning applications for which a Bylaw is required.
b) Development Officer:
i.
with respect to all Development Permit applications for Permitted Uses
within all Districts, including Direct Control Districts unless otherwise
specified within the Direct Control District, where the application either
complies with the Land Use Bylaw or the variance request does not exceed
20% of the relevant numerical value.
c) Municipal Planning Commission:
i.
with respect to all Development Permit applications for Discretionary Uses
(with the exception of Direct Control (DC) Districts unless otherwise noted
within the specific district);
ii.
with respect to all Development Permit applications for Permitted Uses
with variances where the numerical value of the variance is in excess of
20%;
iii.
receive, consider and decide on requests for time extensions to
Development Permits approved by the MPC that already had two time
extension requests granted by the Development Officer and the Applicant
is requesting a third time extension; and
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iv.
render decisions on other Development Permits or matters referred to it by
the Development Officer.
2.2
Development Officer
2.2.1. The Development Officer shall:
a) Advise and assist the Municipal Planning Commission, and if applicable, Council,
on all matters in the planning of orderly, beneficial and economical
development within the County that ensures consistency with the Municipal
Development Plan and all other relevant statutory plans and Council strategic
plans and policies;
b) Determine whether a Development Permit is required for a proposed
development;
c) Determine whether a Development Permit application shall be deemed
complete or incomplete, even in cases where an application is made for a
Development Permit within a Direct Control (DC) District;
d) Shall keep and maintain for the inspection of the public during office hours, a
copy of this Bylaw and any adopted statutory plans and all amendments thereto
and ensure that copies of the same are available to the public at a reasonable
charge as prescribed by Council in their fee schedule, and available on the
Clearwater County website at any given time;
e) Refer an application to any Clearwater County department or any other
municipal, provincial, federal or inter-jurisdictional department, adjacent
landowners, or any other relevant agency or body as required;
f)
Be a Designated Officer for the purpose of performing site inspections and
carrying out remedial enforcement or other actions pursuant to the MGA;
g) Keep and maintain a record of all Development Permit decisions and the
reasons and conditions as outlined in the Development Permit;
h) Deem a proposed land use that is not listed as a Permitted Use but is reasonably
similar in character as the purpose to a listed Permitted Use in a particular
district as a similar use;
i)
Consider and decide on all Development Permit applications for Permitted Uses,
unless otherwise specified in the District, where the development meets all
other requirements within the Bylaw, and may issue a Development Permit with
or without conditions;
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j)
Consider and render a decision on all Development Permit applications for
Permitted Uses, that require a variance or relaxation of this Bylaw, except when
variance requests exceed 20%. A variance shall only be granted provided that
the proposed development shall not:
k) Unduly interfere with the amenities of the neighbourhood; or
l)
Materially interfere with or affect the use, enjoyment or value of neighbouring
parcels of land, and
m) The proposed development conforms with the use prescribed for that land or
building in the Bylaw.
n) Refer all Development Permit applications for Discretionary Uses, except in the
Direct Control (DC) District, along with a review of whether the application
conforms to this Bylaw and aligns with any relevant statutory plans, to the MPC;
o) Receive, consider and decide on requests for time extensions to Development
Permits for the commencement of construction and operations approved
within; and
p) Receive, consider and decide on requests for first and second-time extensions to
Development Permits approved by the MPC for the commencement of
construction and operations approved within. Any time extensions beyond the
first two will be required to go back to the MPC.
2.3
Subdivision Authority
2.3.1.
The Municipal Planning Commission (MPC) is established as the Subdivision Authority of
Clearwater County per the Development and Subdivision Authorities Bylaw.
2.3.2.
An order, decision, notice, approval, Subdivision endorsement or other item issued by
the MPC may be signed on its behalf by its chairperson, vice chairperson, a Development
Officer or any other designate as determined by the Chief Administrative Officer (CAO).
2.3.3.
The Development Officer shall receive, determine whether the application is complete,
and process Subdivision applications on behalf of, and make recommendations to the
MPC as the Subdivision Authority.
2.4
Subdivision and Development Appeal Board and Land and Property Rights Tribunal
2.4.1.
An appeal of the Development Authority or Subdivision Authority may be made to the
appropriate appeal board being either the Subdivision and Development Appeal Board
(SDAB) established and appointed by Clearwater County Council pursuant to Bylaw
1098/20 or the Land and Property Rights Tribunal (LPRT), whichever is applicable.
Page 13 of 228
Land Use Bylaw - 25/050 - September 9, 2025
PART 3:
DEVELOPMENT CONTROL, SUBDIVISION AND PERMITS
3.1
Control of Development
3.1.1.
No development other than those listed in Section 3.2 shall commence within the
County unless an application for it has been approved and a Development Permit has
been issued.
3.1.2.
All uses within this Bylaw are subject to the regulations for the district in which they are
a listed use.
3.1.3.
All development, including storage must be fully located on the property with no
encroachments off the property will be permitted.
3.2
Development Not Requiring a Development Permit
3.2.1. The following development shall not require a Development Permit:
a)
the carrying out of works of maintenance or repair to any buildings, provided
that such works do not include structural alterations or major works of
renovation and provided that:
i.
such works do not include additions to buildings and/or impact the existing
building footprint and change setbacks from property lines;
ii.
proposed changes do not constitute a change in the use and/or impact the
intensity of the use of the building and/or lands; and
iii.
alterations do not create additional dwelling units.
b)
the completion of any development which has lawfully commenced before the
adoption of this Land Use Bylaw or any amendment thereto, provided that the
development is completed in accordance with the terms of any permit granted
in respect of it;
c)
the use of any such development as referred to in Subsection (b) for the
purpose for which development was commenced;
d)
unless otherwise restricted in a land use district, the erection or construction of
gates, fences, walls or other means of enclosure (other than on corner lots or
where abutting on a road used for vehicular traffic) less than 2 metres (6.5 feet)
in front, side and rear yards, unless located in a hamlet, multi-lot subdivision or
if impacting a visibility triangle at an intersection and excepting that livestock
pasture fences are not subject to these height constraints;
e)
the temporary erection, installation or use of machinery, structures or buildings
such as a construction trailer, which is incidental to the construction or
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alteration of a use which has received a permit subject to this Bylaw. This does
not include a Show Home or Home Sales Centre;
f)
demolition of:
i.
A building or structure where a Development Permit has been issued for a
new development on the same site, and the demolition of the existing
building or structure is outlined implicitly in that permit;
ii.
A residential structure where a building permit by Alberta Safety Codes
Authority (ASCA) has been issued for demolition, unless it is located within
a hamlet and then a permit for demolition from Clearwater County is
required.
g)
the development, construction, maintenance and repair of roads, pathways,
sidewalks, buildings, public works, services, utilities, lease activities regulated by
the AER and uses carried out by or on behalf of federal, provincial and municipal
public authorities on land which is publicly owned or controlled;
h)
stripping, site grading or excavation on a site where a Development Permit has
been issued;
i)
a grass landing strip for personal aircraft use in rural areas (outside hamlet or
development node boundaries);
j)
the keeping of animals (i.e. livestock) in country-residential land use districts
provided they are in compliance with the Animal Control Bylaw;
k)
Personal Use Agriculture;
l)
development within the Public Airport (PA) District directly related to aviation
and regulated by the Aeronautics Act, RSC 1985 c.A-2;
m)
day homes provided they meet all provincial legislation and other regulatory
requirements;
n)
propane/fuel tanks on non-industrial and non-commercial land use designations
provided that they are in compliance with all safety codes legislation;
o)
the temporary use of a Building or Site by or on behalf of the County or another
government authority resulting from (and directly related to) the declaration of
a state of emergency;
p)
a Confined Feeding Operation (CFO) approved by the Natural Resources
Conservation Board;
q)
erection of flagpoles, towers or other poles not exceeding 5.0m (16.4 ft) in any
districts so long as minimum setbacks are met;
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r)
landscaping or landscape-related features that:
i.
do not materially alter the natural surface drainage or existing grades;
ii.
include driveways and fishponds for non-commercial purposes in all
districts; or,
iii.
includes dugouts in the Agricultural (A) District.
s)
Agricultural Operation uses on parcels designated Agricultural District and all
other districts where Agricultural Operation is a listed Permitted Use;
t)
the placement of a Dwelling - Manufactured located in an approved
manufactured home park in the Manufactured Home Park District "MHP", when
in compliance with a previously approved Development Permit and/or Outline
Plan.
u)
the placement of a Dwelling - Manufactured located in an industrial or
construction camp as defined in the Public Health Act - Work Camps
Regulations, when in compliance with a previously approved Development
Permit;
v)
the development of a Temporary Work Camp when in compliance with a
previously approved Development Permit and/or Outline Plan.
w)
the parking and use of a recreation/vehicle and other recreation equipment
subject to the limits set out in Section 9.20 of this Bylaw;
x)
a Recreational Vehicle to be used on a property during active construction of a
dwelling with an approved Development Permit for a dwelling on any property;
y)
the placement of signs and advertisements subject to the limits set out in
Section 10.2 of this Bylaw;
z)
the use of a building or portion thereof as a temporary campaign office or a
polling station, or any other official temporary use in connection with a federal,
provincial or municipal election or referendum;
aa)
the construction and maintenance of that part of a utility placed in or upon a
public right-of-way or public utility easement;
bb) the construction of roof mount, wall mount, or free-standing solar cells, with a
rated output of up to a maximum of 30kW per parcel in the Agricultural (A)
District;
cc)
the construction of a solar collector attached to a wall or roof of a building, with
a rated output of up to a maximum of 30kW per parcel in any land use district;
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dd) a deck or patio provided it complies with the setbacks and lot coverage
requirements of the associated district;
ee) a retaining wall, provided the retaining wall is not located within 30 metres of an
escarpment and is not more than 1.0 metre at the highest point;
ff)
the construction of a Wind Energy Conversion System- small (WECS-small) in the
Agricultural (A) District;
gg)
the construction, maintenance or repair of a Telecommunications Tower
provided it meets the requirements of the Clearwater County
Telecommunication Antenna System Siting Policy;
hh) subject to compliance with all relevant provisions of this Bylaw, in any
agricultural or industrial district, an accessory building not exceeding 46.45
square metres (500 sq ft) and in any other district an accessory building not
exceeding 23.2 square metres (250 sq ft);
ii)
the temporary use of a sea-can in accordance with the specific use regulations
for temporary sea-cans in this Bylaw;
jj)
a sea-can in the Agricultural (A) District in accordance with the specific use
regulations for sea-cans in this Bylaw;
kk)
the construction of an agricultural building in the Agricultural (A) District;
ll)
the temporary or permanent storage of up to a maximum of:
i.
7 recreation vehicles on a parcel designated Agricultural (A) District.
ii.
4 recreation vehicles on a parcel designated Country Residential (CR)
District or Country Residential Agricultural (CRA) District.
iii.
1 recreation vehicle on hamlet-designated parcels or leisure-residence
district.
mm) the development of a private greenhouse as an accessory building provided it is
less than 23.2 square metres (250 sq ft);
nn) direct market sales in accordance with section 9.6 of this bylaw.
3.2.2.
The following development shall not require a Development Permit as specified in
Section 618 and 618(1) of the MGA, which includes:
a)
a highway or road;
b)
a well or battery within the meaning of the Oil and Gas Conservation Act;
c)
a pipeline or an installation or structure incidental to the operation of a pipeline;
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d)
a designated area of Crown land; and,
e)
any other thing specified by the Lieutenant Governor in Council by regulation.
3.2.3. Notwithstanding the foregoing:
a)
when a development listed above does not require a Development Permit but
does not comply with the requirements of this Bylaw and requires a variance, an
application for a Development Permit must be made and a Development Permit,
with or without conditions, issued prior to such development being
commenced.
b)
where development of a structure or use that does not require a Development
Permit pursuant to this Part is desired, the developer is encouraged to consult
this Bylaw or the Development Officer so as to ensure that any other
requirements of the Municipality and of this Bylaw are satisfied.
3.3
Subdivision and Development Application Process
3.3.1.
The Development Officer will determine if an application for a Development Permit or
Subdivision is complete.
3.3.2.
If complete, the Development Officer will issue a notice of completeness to the
applicant.
3.3.3.
If incomplete, the Development Officer will provide a notice of incomplete application.
This notice shall include a list of any outstanding or missing documents or information
that shall be provided to deem the application complete. This notice should include a
deadline for resubmission of the outstanding information. If the Development Officer
does not provide the applicant with a written acknowledgement on the completeness
of the application or make a determination of completeness, then the application is
deemed to be complete within 20 days from receipt.
3.3.4.
If the applicant provides the outstanding or missing documents and information by the
deadline, the Development Officer will provide a notice of completeness.
3.3.5.
If the applicant does not provide the outstanding or missing documents and information
by the deadline in the notice of incomplete application, the application will be deemed
refused and the Development Officer will provide a notice of deemed refusal.
3.3.6.
The initial 20 days to review an application may be extended by an agreement in writing
between the applicant and the Development Officer.
3.3.7.
Despite issuing a notice of completeness, the Development Authority in reviewing the
application may request additional information or documents the Development
Authority considers necessary to review the application.
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3.4
Development Applications
3.4.1.
Each application for a Development Permit shall be accompanied by a non-refundable
processing fee of an amount determined by Council. An application will not be received
until the application fee is paid in full.
3.4.2.
Where a proposed development involves land for which Subdivision is required or is
pending, the Development Officer may refuse to accept and process the application for
a Development Permit until evidence is provided that the Subdivision has approval, and
the appropriate title has been issued or is forthcoming.
3.4.3.
An application for a Development Permit shall be accompanied by the following
information where relevant to the application, as determined by the Development
Officer:
a)
a legible and complete application form as prescribed by Development Officer;
b)
a site plan completed in metric and at a scale to the satisfaction of the
Development Officer showing;
i.
the size and shape of the lot;
ii.
North arrow;
iii.
lot lines (property boundaries) shown with dimensions;
iv.
proposed front, side and rear yard setback distances with dimensions;
v.
site topography, drainage patterns and grades;
vi.
location of existing / proposed buildings / structures;
vii.
development density and site coverage calculations;
viii.
location of existing / proposed on-site water and sewer services;
ix.
location of all registered utility easements and right-of-ways;
x.
location of all existing and proposed trees, landscaped areas and any other
natural features on the site;
xi.
dimensions and layout of existing and/or proposed parking spaces and
loading areas;
xii.
existing and proposed use of the existing and/or proposed buildings on the
site.
c)
floor plans that include all proposed levels of the subject development;
d)
elevations to scale, that show colors, materials and proposed signage areas;
e)
engineering plans or supporting studies for water and wastewater servicing on a
parcel;
f)
description of the proposed development;
g)
the estimated commencement and completion dates;
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h)
photographs of the subject lands;
i)
information regarding proximity to wastewater, landfill sites including transfer
stations, gas or oil wells and sour gas facilities;
j)
a copy of the Certificate of Title dated within 30 days of the date of application
indicating ownership and encumbrances;
k)
a signed consent form allowing access and right-of-entry to the lands by the
Development Officer;
l)
signage details including total area, signage types, sizes, illumination and other
details;
m)
a corporate record if the applicant is a corporation, indicating the name of the
legal entity, the directors or shareholders and the persons having signing
authority for the corporation,
n)
if the applicant is not the registered owner, a statement in writing, signed by the
registered owner, consenting to the application and approving the applicant as
the agent of the registered owner; and
o)
such other documents and information the Development Officer deems
necessary to review the application.
3.4.4. In addition to the above, the Development Officer may require the following additional
information depending on the proposed use or site context. This may include:
a)
a geotechnical or floodplain / hydrogeological study prepared by a Qualified
Consultant, if in the opinion of the Development Authority, the site is potentially
unstable or within a perceived floodplain;
b)
roadside Development Agreement from Alberta Transportation & Economic
Corridors;
c)
a reclamation plan for aggregate extraction or other major surface extraction;
d)
historical resources clearance;
e)
grading plan;
f)
a plan of survey completed by a Qualified Consultant (surveyor) as proof of
location of development;
g)
site lighting plan;
h)
site reclamation plan;
i)
wetland impact assessment;
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j)
a Phase 1 Environmental Site Assessment (ESA) prepared by a Qualified
Consultant if potential contamination is suspected;
k)
a biophysical overview and/or a biophysical impact assessment if there are
natural features present that may require boundary delineation for potential
Environmental Reserve (ER) or an Environmental Reserve Easement (ERE);
l)
a traffic impact assessment (TIA) prepared by a Qualified Consultant (engineer)
if the development will have a potential impact on the adjacent road network
and possibly require upgrades to this network;
m)
stormwater management studies or a master drainage plan prepared by a
Qualified Consultant (engineer) if the development will have an impact on
surface drainage and potential off-site drainage impacts;
n)
slope stability reports prepared by a Qualified Consultant (engineer) if the
proposed development is within proximity of the toe of slope, toe of bank, top
of slope or top of bank;
o)
acoustic study;
p)
a study addressing prevailing winds and their position on any proposed
developments; and/or
q)
a landscape plan prepared by a Qualified Consultant (landscape architect) that
includes:
i.
boundaries and dimensions of the subject lands;
ii.
locations and outlines to scale in metric of all parking areas, building areas,
impervious surfaces, walkways and other plan aspects;
iii.
location of all existing plants and/or trees to be retained;
iv.
site details of all physical features to be added to the site including, but not
limited to lighting, seating, waste bins, berms, walls, fences, outdoor
furniture and decorative paving;
v.
details on all proposed tree and plant species, ground covers and other
landscape elements; and
vi.
site details of proposed plantings with dimensions of size at initial planting.
3.4.5.
The Subdivision Authority or Development Authority will review the reports prepared
by a Qualified Consultant and the recommendations within, and assess the suitability of
the application in light of the report, as a basis for:
a)
reasons to refuse or approve, with or without conditions, a Development
Permit;
b)
reasons to amend or refuse an amendment to this Bylaw;
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c)
reasons to approve, approve with conditions, or to refuse an application for
Subdivision;
d)
reasons to approve or refuse an application to adopt or amend a statutory plan.
3.4.6.
In addition to all other application requirements stated in this Bylaw or allowed by
Provincial legislation, the Development Authority may require the applicant to submit
information to demonstrate compliance with all applicable Provincial or Federal
requirements including, but not limited to, information related to the Alberta Building
Code and Alberta Fire Code.
3.5
Referral of Development Applications
3.5.1.
A complete application may be referred to any agency, neighbouring municipality,
adjacent landowner or person the Development Officer or MPC considers appropriate
for comments or advice regarding the application.
3.5.2.
Referrals shall include the date by which comments must be received by the
Development Officer.
3.5.3.
The Development Officer shall refer all applications for development to an adjacent
municipality as directed by the Municipal Development Plan and/or the Intermunicipal
Development Plan.
3.5.4.
The Development Officer may refer a Development Permit application for a
Discretionary Use or an application for a variance in excess of 20% to adjacent property
owners indicating the location and nature of the proposed development or variance and
ask for comment.
3.5.5.
The Development Officer shall refer all applications for development which would result
in permanent overnight accommodations, including dwellings or public facilities, to the
Alberta Energy Regulator if any of the land which is the subject of the application is
within 1.5 kilometres (0.93 miles) of a sour gas facility and the proposed development is
not, in the opinion of the Development Officer, an infill development.
3.5.6.
Applications in proximity to Alberta Transportation & Economic Corridors shall be
circulated as follows:
a)
Subdivision applications within 1600.0 m (0.99miles) of the centreline of a
Provincial highway;
b)
Development Permit applications within 300.0 m (0.19 miles) from the right-of-
way of a Provincial highway; and,
c)
Development Permit applications within 800.0 m (0.50 miles) from the centre
point of the intersection of the highway to another highway.
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3.6
Decisions on Development Applications
3.6.1.
When making a decision for a Development Permit for a Permitted Use, the
Development Authority:
a)
shall approve, with or without conditions, the application if the proposed
development conforms with this Bylaw; or,
b)
shall refuse the application if the proposed development does not conform to
this Bylaw, giving reasons for the refusal.
3.6.2.
In an approval of a development application, the Development Authority may impose
any condition by which the development would be made to comply with the standards
of the District which applies to the development application, other regulations and
provisions in this Bylaw, the provisions of any statutory plan that
has effect on
the development, the MGA, and Matters Related to Subdivision and Development
Regulation, including but not limited to:
a)
a Development Agreement pursuant to Section 650 of the MGA and the
provisions of this Bylaw;
b)
servicing considerations;
c)
transportation improvements;
d)
landscaping and storm water management;
e)
the appearance of buildings; and
f)
FireSmart considerations.
i.
All proposed developments within the forested area must have additional
setbacks for fire defensible spaces per this Bylaw or at the discretion of the
Development Authority and in consideration of FireSmart policies.
3.6.3.
When making a decision for a Development Permit for a Discretionary Use, the
Development Authority:
a)
may, in the discretion of the Development Authority, approve the application
with or without conditions; or,
b)
may, in the discretion of the Development Authority, refuse the application; or,
c)
shall refuse the application if the proposed development does not conform to
this Bylaw.
3.6.4.
The Development Authority will consider the following when exercising discretion:
a)
alignment with relevant statutory plans and planning policies;
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b)
referral comments; and,
c)
effect on the use, enjoyment and value of neighbouring properties.
3.6.5. In an approval of a development application for a Discretionary Use, the Development
Authority may impose any condition deemed appropriate having regard to, but not
limited to, the circumstances and merits of the proposed development, this Bylaw, the
purpose, scope and policies in any statutory plan or any other plan adopted or endorsed
by Council that has effect on the development, the amenities of the neighbourhood and
existing or proposed land uses in the vicinity of the development.
3.6.6. In the case where an application for a Development Permit or change in land use is
refused by the Development Authority, SDAB or LPRT, another application with respect
to the same lot for a Development Permit for the same or similar use or a change in land
use designation, may not be made by the same or any other applicant within 6 months
after the refusal, subject to the discretion of Council.
3.6.7. In the approval of a development application for a Discretionary Use and a development
application for a development within a Direct Control District, the Development Authority
may, in addition to the provisions of this Section, apply conditions including but not
limited to:
a)
the construction, placement or use of signage or other advertising devices of
any kind including their height, size and character;
b)
the ground area, floor area, height, size and location of buildings;
c)
the amount of land to be provided around or between buildings;
d)
the landscaping of land or buildings;
e)
the location, height and maintenance of fences and walls, including sound and
vision barriers;
f)
the provision and maintenance of:
i.
off-street or other parking facilities;
ii.
loading and unloading facilities, and any other areas that, in the opinion of
the Council, may be necessary;
iii.
water, wastewater and other utilities;
iv.
stormwater management.
g)
the design, character and appearance of buildings;
h)
the location and amount of access from public roadways and ensuring that there
is at least one means of physical access from each lot to a public roadway;
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i)
the lighting of land, buildings or other things;
j)
the enlargement, alteration, repair, removal or relocation of buildings;
k)
the excavation or filling in of land;
l)
limiting the hours of operation;
m)
limiting the number of patrons;
n)
FireSmart considerations;
o)
the grading of the site or such other procedures as are necessary to protect the
site from other developments or to protect other developments from the site
development;
p)
ensuring development is compatible with surrounding development;
q)
the period of time during which the development may continue;
r)
the placement of any development or use on land:
i.
subject to flooding or subsidence or that is low-lying, marshy or
unstable;
ii.
which contains or may contain significant archeological, paleontological
or other historic resources identified by the County or Province;
iii.
considered by the County to be environmentally significant, including land
within a specified distance of land considered by the County to be
environmentally significant; or
iv.
in relationship to any other existing or proposed use or development.
3.6.8. The Development Authority must not approve an application that does not conform to
the Alberta Energy Regulator (AER) setbacks unless the AER gives written approval to a
lesser setback distance. When issuing a Development Permit for a residence in an area
where there is a risk of sour gas as advised by the AER, the Development Authority may
as a condition of approval require the applicant to sign a copy of the applicable declaration
prescribed by the Development Authority.
3.6.9. An application for a Development Permit may, at the option of the applicant, be deemed
to be refused when a decision thereon is not made within 40 days after the application
has been "deemed complete" by the County, or within such longer period as the applicant
may have approved in writing. If a decision is not made within 40 days, a time extension
must be requested and accepted by the Development Authority in writing. The applicant
may appeal a deemed refusal in writing as provided for in this Bylaw, as though the
applicant had received a refusal.
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3.7
Variances
3.7.1. The Development Authority, in accordance with the Authorities section of this Bylaw may
approve an application for a Development Permit notwithstanding that the proposed
development does not comply with this Bylaw, if the proposed use conforms with the use
prescribed for land or building in this Bylaw and in the opinion of the Development
Authority the proposed development would not:
a)
unduly interfere with the amenities of the neighbourhood; or,
b)
materially interfere with or affect the use, enjoyment or value of neighbouring
parcels of land; and,
c)
the proposal conforms with the use prescribed for that land or building under
this Bylaw.
3.7.2. All requests for a variance shall be accompanied by a letter from the applicant clearly
stating the reasons for the variance, considering the criteria in section 3.7.1 and outlining
the hardship that will be incurred if the variance is not granted.
3.7.3. A variance will be considered when the proposed variance or relaxation does not
materially impact neighbouring parcels or cause potential nuisance effects to adjacent
lots.
3.7.4. Depending on the percentage of the variance being proposed, the application shall be
processed in accordance with the Authorities section of this Bylaw.
3.7.5. Unless provided for in 3.6.6, the Subdivision Authority may not approve the creation of a
parcel that does not comply with the size of lot specified in the applicable Land Use
District.
3.7.6. The Subdivision Authority may approve the creation of a residential parcel which includes
the removal of all or part of an existing building site having a size larger than 2.83
hectares (7.0 acres) if a larger parcel is deemed necessary by the Subdivision Authority to
encompass existing residential amenities and facilities, such as shelter belts,
wastewater and water services and driveways.
3.7.7
Development Permit applications that are granted a variance shall include written rationale
for the variance as part of the development permit approval.
3.8
Development Permit and Notice of Decision
3.8.1.
A Development Permit should be issued to the Applicant on the date that the decision
was rendered by the Development Authority.
3.8.2.
When a development application for a Permitted Use that complies with the provisions
of this Bylaw is approved, the Development Officer:
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a)
shall issue a Development permit to the applicant; and,
b)
may advertise the decision in one issue of a local newspaper circulating in the
area and/or on the County's website.
3.8.3.
When a development application for a Permitted Use that does not comply with the
provisions of this Bylaw and is granted a variance or relaxation, the Development Officer:
a)
shall issue a Development Permit to the applicant;
b)
will issue a notice of decision to adjacent landowners in writing; and/or,
c)
will advertise the decision in one issue of a local newspaper circulating in the
County and/or on the County's website.
3.8.4.
When a development application for a Discretionary Use is approved with or without
conditions, the Development Officer:
a)
shall issue a Development Permit to the applicant; and,
b)
will issue a notice of decision to adjacent landowners in writing; and/or,
c)
will advertise the decision in one issue of a local newspaper circulating in the
area and/or on the County's website.
3.8.5.
When a development application is refused, the Development Officer shall send a notice
of refusal of a Development Permit to the applicant outlining reasons for refusal.
3.8.6.
A decision of the Development Authority must state whether the appeal lies with the
Subdivision and Development Appeal Board (SDAB) or the Land and Property Rights
Tribunal (LPRT).
3.9
Development Permits and Their Validity
3.9.1.
When an application for development has been approved, the Development Officer
shall immediately issue a Development Permit.
3.9.2.
So that a reasonable opportunity is provided for an appeal to be made, a Development
Permit does not come into effect until 21 days after the date of decision on the
Development Permit. Any development prior to expiry of this period is done solely at
the risk of the applicant.
3.9.3.
If an appeal is filed within the time limits provided for in this Bylaw, the Development
Permit is suspended until it is upheld, either in whole or as varied, by the Subdivision
and Development Appeal Board (SDAB) or Land and Property Rights Tribunal (LPRT).
3.9.4.
If the authorized development does not commence within 12 months from the date of
a Development Permit being issued, or of a development approval order being granted
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by the SDAB or LPRT, and thereafter completed within 24 months after commencement,
the permit is deemed to be void, unless an extension beyond this period has been
granted by the Development Authority.
3.9.5.
A development once begun shall not be abandoned or left for an extended period in
what the Development Officer considers to be an unfinished condition.
3.9.6.
A Development Permit for a use shall be declared void if the use is discontinued for a
period of 12 consecutive months or more.
3.9.7.
A Development Officer may suspend, revoke or modify a Development Permit if:
a)
there is a contravention of any condition of the Development Permit;
b)
the application contained a misrepresentation, or incorrect information;
material facts were not disclosed, or the landowner requests the cancellation;
or,
c)
the permit was issued in error.
3.9.8.
Where a development has commenced, but the Development Permit has subsequently
been revoked, the Development Officer may require all work to cease. If work is
required to cease, no further work may proceed unless a new Development Permit is
issued subject to a new or revised development application being made and, at the
discretion of the Development Officer, additional or new application fees being paid.
3.9.9.
A Development Permit shall indicate that only work approved within the Development
Permit is authorized and does not relieve any person from:
a)
complying with any provisions of this Bylaw not specifically stated on the
Development Permit;
b)
complying with all other applicable municipal bylaws and provincial and federal
legislation and regulations.; and,
c)
complying with any easement, covenant, agreement, contract or other
instrument affecting the development.
3.10
Development Agreements
3.10.1. The Development Authority may require that, as a condition of development approval,
the applicant enter into an agreement to do all or any of the following:
a)
to construct or pay for the construction of a road required to give access to the
development;
b)
to construct or pay for the construction of:
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i.
a pedestrian walkway system to serve the development, or,
ii.
pedestrian walkways to connect the pedestrian walkway system serving
the development with a pedestrian walkway system that serves or is
proposed to serve an adjacent development,
iii.
or both (i) and (ii);
c)
to install or pay for the installation of a public utility described in Section
616(v)(i) to (ix) of the MGA that is necessary to serve the development, whether
or not the public utility is, or will be, located on the land that is the subject of
the development;
d)
to construct or pay for the construction of:
i.
off-street or other parking facilities; and,
ii.
loading and unloading facilities;
e)
to pay an off-site levy or redevelopment levy imposed by bylaw;
f)
to give security deposit to ensure that the terms of the agreement under this
section are carried out;
g)
to pay for all or a portion of the cost of an improvement constructed or paid for
in whole or in part by the County at any time prior to the date of approval of the
Development Permit or Subdivision approval application, or to construct or pay
for all or a portion of an improvement with an excess capacity;
h)
in the event the application may be withdrawn, payment of all costs and
expenses incurred by the County prior to withdrawal of the application;
i)
the terms of any agreement which constituted a condition of Subdivision
approval for the lands under consideration; and
j)
further conditions as the Development Authority deems necessary or advisable
having regard for the nature of the proposed development.
3.10.2. The Development Agreement may be registered by a caveat against the title of an
affected lot and must be discharged once the conditions of the Development Agreement
have been completed and the applicable maintenance periods have been completed.
3.11
Development Securities
3.11.1. The Development Authority may require that a refundable security deposit, in the form
of a cash deposit, a renewable and irrevocable letter of credit or other form acceptable
to the Development Authority, be provided. The security deposit and the Development
Agreement shall be used to ensure compliance with the provisions of this Bylaw or any
Development Permit or Subdivision approval conditions, and/or to ensure that the
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construction of offsite improvements or infrastructure is completed to County
standards.
3.11.2. All expenses incurred by the County to draw upon or renew a letter of credit, shall be
reimbursed by the developer/landowner by payment of an invoice or from the proceeds
of the letter of credit.
3.11.3. Any letter of credit shall allow for partial draws by the County if the conditions of the
Development Permit are not completed to the satisfaction of the Development
Authority. The County shall hold the guaranteed security deposit until the conditions of
the Development Permit have been met to the satisfaction of the Development
Authority. Once all the conditions of the Development Permit are met the guaranteed
security deposit will be released. The County shall provide an accounting to the owner
indicating how the proceeds of the letter of credit were applied within sixty (60) days of
completing the conditions of the Development Permit.
3.12
Development Permit for Temporary Buildings and Uses of Land
3.12.1. The Development Authority may approve a temporary Development Permit for a
Discretionary Use subject to:
a)
the owner or applicant agreeing to remove such a building or cease the use of
land in accordance with the terms and conditions affixed in the Development
Permit; and,
b)
the use of the building or land conforming with the Discretionary Uses
prescribed in the District for which the site is designated.
3.12.2. A temporary Development Permit issued for a Discretionary Use shall be valid for a
period of no more than 1 year, subject to one written extension granted by the
Development Authority.
3.12.3. The Development Authority may require that the security deposit be held by the County
for the duration of time that the temporary Development Permit is issued in order to
allow the County to remove the temporary use if the owner/applicant does not comply
with the temporary Development Permit.
3.13
Non-Conforming Buildings and Uses
3.13.1. If a Development Permit has been issued on or before the day on which this Bylaw or an
amendment of this Bylaw comes into force and the Bylaw would make the development
in respect of which the permit was issued a non-conforming use or non-conforming
building, the Development Permit continues in effect in spite of the coming into force of
the Bylaw.
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3.13.2. A non-conforming use of land or a building may be continued but if that use is
discontinued for a period of 6 consecutive months or more, any future use of the land
or building must conform with the Land Use Bylaw then in effect.
3.13.3. A non-conforming use of part of a building may be extended throughout the building
but the building, whether or not it is a non-conforming building, may not be enlarged or
added to and no structural alterations may be made to it or in it.
3.13.4. A non-conforming use of part of a lot may not be extended or transferred in whole or in
part to any other part of the lot and no additional buildings may be constructed on the
lot while the non-conforming use continues.
3.13.5. A non-conforming building may continue to be used but the building may not be
enlarged, added to, rebuilt or structurally altered except:
c)
to make it a conforming building;
d)
for routine maintenance of the building, if the Development Authority considers
it necessary; or,
e)
in accordance with a Land Use Bylaw that provides minor variance powers to the
Development Authority for the purposes of this section.
3.13.6. If a non-conforming building is damaged or destroyed to the extent of more than 75%
of the value of the building above its foundation, the building may not be repaired or
rebuilt except in accordance with the Land Use Bylaw.
3.13.7. The land use or the use of a building is not affected by a change of ownership or tenancy
of the land or building.
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PART 4:
SUBDIVISION PROCESS
4.1
Requirements for Subdivision Applications
4.1.1.
A subdivision application shall be accompanied by the following information where
relevant to the application, as determined by the Subdivision Authority:
a) completion of an application form, in a clear and legible manner as prescribed by
Clearwater County for the subdivision application being applied for and signed for by
the landowner and applicant;
b) submission of the appropriate application fee for the proposed Subdivision based on
the number of lots being proposed as per the Clearwater County fee schedule;
c) a proposed plan of Subdivision showing the subdivision or other instrument of
subdivision (Survey Sketch) prepared by a Qualified Consultant for developed
parcels or a drawing prepared on an aerial photograph or suitable equivalent to the
satisfaction of the Development Officer that:
i.
indicates the location, dimensions and boundaries of the land to be
subdivided;
ii.
provides a clear outline of the proposed parcel(s) which the Applicant wishes
to register in a Land Titles Office;
iii.
clear locations, dimensions and boundaries of each parcel to be created, any
proposed reserve land, utility right-of-ways for public utilities and any other
right-of-ways that apply to the subject lands;
iv.
shows the uses, location and dimensions of buildings on the land that is the
subject of the application;
v.
identifies any buildings within the parcel that are proposed to be moved or
demolished;
vi.
shows the locations of any rivers, streams, watercourses, lakes or other
bodies of water that is contained within the boundaries of the parcel(s) that
is/are the subject of the subdivision application;
vii.
identifies the location of any existing or proposed wells, the locations and
details of any private sewage disposal systems and the distances from these
wells or systems to existing and proposed buildings and property lines; and,
viii.
shows the existing and proposed access to the proposed lots and the
remainder of the titled area.
d) a copy of the current land title for the land that is the subject of the application
pulled within 30 days of the date of application from Alberta Land Titles;
e) consent to authorize the Subdivision Authority to carry out a site inspection of the
lands subject to the subdivision application in accordance with 653(2) of the MGA;
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f) should the County require a third-party review of any technical studies provided by
the applicant that may be necessary to support the Subdivision application review
process, the applicant will be required to cover any costs to the County for the third-
party review.
4.1.2.
The Subdivision Authority shall require a map of the proposed Subdivision area from
Alberta Energy Regulator sources indicating that there are no abandoned oil and gas
wells in the project area, and/or written confirmation that the licensee responsible for
each well has been contacted and the exact well location confirmed. Any additional
information discussed with the licensee that may have led to a change in the setback
area should also be included.
4.1.3.
The Subdivision Authority may also require an Applicant to submit any or all of the
following depending on relevant site and contextual conditions:
a)
a plan of the parcel(s) to be subdivided that shows geographic contours at
contour intervals of 1.0m (3.2 ft) or less;
b)
information prepared by a Qualified Consultant regarding the suitability of the
site to support the provision and availability of potable water on or to the
subject parcel to be subdivided if the parcel is not serviced by a centralized
water distribution system;
c)
an environmental impact assessment completed by a Qualified Consultant;
d)
a description of how utilities will be provided such as power, gas, telephone and
internet;
e)
information prepared by a Qualified Consultant regarding the suitability of the
site to support the provision and availability of an on-site sewage disposal
system;
f)
a stormwater management and/or master drainage plan prepared by a Qualified
Consultant;
g)
a Hydrogeological assessment prepared by a Qualified Consultant or provincial
floodplain mapping (if available) showing the 1:100-year floodplain;
h)
a geotechnical report prepared by a Qualified Consultant showing ground/slope
stability;
i)
mapping showing the location of any sour gas facilities situated within 1.5 km
(0.93 mi) if applicable;
j)
information regarding any statutory or non-statutory plans (conceptual scheme)
that are approved for the lands that are subject to the subdivision application;
and;
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k)
Any other such supporting information as may be required at the discretion of
the Subdivision Authority in order to appropriately and accurately evaluate the
application and determine compliance with provincial legislation, statutory
County policies and the Land Use Bylaw.
4.1.4.
Preparation and approval of a conceptual scheme or area structure plan (ASP) may be
required prior to a decision being rendered on a subdivision application.
4.1.5.
All new subdivisions within hamlet boundaries will be required to connect to municipal
services, where available. If services are not currently available, a deferred services
agreement will be registered on title as a condition of subdivision approval.
4.2
Referral of Subdivision Applications
4.2.1. The Subdivision Authority shall circulate a determined or deemed complete subdivision
application internally to relevant County departments and externally to Government
departments, persons and local authorities required by the Matters Related to
Subdivision and Development Regulations and County policies.
4.2.2. The Subdivision Authority shall circulate a determined or deemed complete subdivision
application to adjacent landowners and potentially a larger surrounding radius
depending on the nature of the subdivision application. The notice shall include the
nature of the application, contact information as to how the landowner can obtain more
information about the application and the manner and time in which submissions
regarding the application can be made to the Subdivision Authority.
4.3
Decision on Subdivision Applications
4.3.1.
All comments received during the subdivision application, circulation and review process
shall be considered by the Subdivision Authority, but the Subdivision Authority is not
bound by them unless specified in the Matters Related to Subdivision and Development
Regulation.
4.3.2.
The Subdivision Authority must make a decision on an application for subdivision within:
a)
21 days from the date of an application being determined complete by the
Subdivision Authority or deemed complete if no referrals were made in
accordance with the Matters Related to Subdivision and Development
Regulation;
b)
60 days from the date of an application being determined to be complete by the
Subdivision Authority or deemed complete; or,
c)
a defined period of time as agreed to between the Subdivision Authority and the
Applicant specified in a written agreement.
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4.3.3.
Per Section 656 of the MGA a decision of a Subdivision Authority must be given in writing
to the applicant and to the Government departments, persons and local authorities to
which the Subdivision Authority is required by the Matters Related to Subdivision And
Development Regulations to give a copy of the application.
4.3.4.
A decision of the Subdivision Authority must specify whether an appeal lies with the
Subdivision and Development Appeal Board (SDAB) or the Land and Property Rights
Tribunal (LPRT).
4.3.5.
A written decision by the Subdivision Authority must include the reasons for the
decision, including an overview of how the Subdivision Authority considered any
submissions made to it by the adjacent landowners and the matters listed in the Matters
Related to Subdivision and Development Regulations.
4.3.6.
An application for Subdivision must not be approved if it would result in permanent
additional overnight accommodation or public facilities, as defined by the Alberta
Energy Regulator (AER), within 100 metres (328 feet) of a gas or oil well unless that
permanent overnight accommodation or public facility would be within a lesser distance
approved in writing by the AER or in the opinion of the Subdivision Authority is
considered to be an infill development. For the purposes of this section, an oil or gas
well does not include an abandoned well as defined by the AER and distances are
measured from the well head to the building or proposed building site.
4.4
Post-Subdivision Approval
4.4.1.
An applicant for subdivision approval must submit to the Subdivision Authority the plan
of subdivision or other instrument that effects the subdivision within one year from the
latest of the following dates:
a)
the date on which the subdivision approval is given to the application;
b)
if there is an appeal to the SDAB or the LPRT, the date of the decision of the
appeal board or the Tribunal, as the case may be, or the date on which the
appeal is discontinued;
c)
if there is an appeal to the Court of Appeal, the date on which the judgment of
the Court is entered or the date on which the appeal is discontinued.
4.4.2.
The Subdivision Authority has the ability to provide one or more extensions to the one
1-year time period to the applicant prior to the date of an approval expiring. If an
approval has expired, a new application must be made. Extensions are subject to the
County fee schedule.
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4.5
Resubmission of Subdivision Applications
4.5.1.
If an application for subdivision has been refused by the Subdivision Authority or an
appeal has been subsequently refused by either the SDAB or LPRT, the Subdivision
Authority may refuse to accept subsequent similar subdivision applications for the same
land for a period of six (6) months from the date of refusal unless, in the opinion of the
Subdivision Authority:
a)
the reasons for refusal have been adequately addressed through changes to the
application or contextual changes to the overall site, adjacent properties or
infrastructure deficiencies; and/or,
b)
other circumstances or higher-level statutory plans have changed significantly
that result in a resubmission subsequently now aligning with County policies and
objectives.
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PART 5:
APPEALS
5.1
Development Permit and Stop Order Appeals
5.1.1.
The decision of the Development Authority on an application for a Development Permit
or a Stop Order may be appealed 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 a Stop Order under Section 645 of the MGA.
5.1.2.
An appeal may be commenced by filing a notice of appeal within 21 days:
a)
after the date on which the written decision is given for a Development Permit;
or,
b)
if no decision is made with respect to the development application within the
40-day period, or within any extension of that period under Section 684 of the
MGA; or,
c)
after the date on which the Stop Order is made under Section 645 of the MGA.
Notices of appeal are made to either the Land and Property Right Tribunal (LPRT) or the
Subdivision and Development Appeal Board (SDAB) per Section 685 of the MGA. Notices
of appeal to the SDAB will not be accepted without payment of the appeal fee.
5.2
Subdivision Approval Appeals
5.2.1. The decision of the Subdivision Authority on an application for subdivision approval may
be appealed in accordance with Section 678 of the MGA:
a)
by the applicant for the approval;
b)
by a Government department if the application is required by the Subdivision
and Development Regulations to be referred to that department;
c)
by a school board with respect to:
i.
the allocation of municipal reserve and school reserve or money in place of
the reserve;
ii.
the location of school reserve allocated to it; or,
iii.
the amount of school reserve or money in place of the reserve.
5.2.2.
An appeal may be commenced by filing a notice of appeal within 14 days after receipt
of the written decision of the Subdivision Authority or deemed refusal by the Subdivision
Authority with either the LPRT or the SDAB per Section 678(2) of the MGA. Notices of
appeal to the SDAB will not be accepted without payment of the appeal fee.
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PART 6:
ENFORCEMENT
6.1
General
6.1.1. For the purpose of Section 542 of the MGA, a Development Officer and an Officer are
designated officers for the purposes of carrying out inspections, remedial actions and
enforcement.
6.1.2. A Development Officer or Officer may exercise their discretion to take enforcement steps
including issuing oral and written warnings, written orders, municipal tags and violation
tickets, and the decision to take one or more steps does not limit or preclude other legal
enforcement steps.
6.1.3. No person shall prevent or obstruct a Development Officer or Officer from carrying out
any official duty pursuant to this Land Use Bylaw.
6.1.4. If a Person prevents, obstructs or interferes with a Development Officer or an Officer
carrying out any official duty under this Land Use Bylaw or if a person refuses to produce
anything to assist in the inspection, remedial action or enforcement action, then the
County may apply to the Court of King's Bench for an order pursuant to Section 543 of the
MGA.
6.2
Right of Entry: Inspections, Remedial and Enforcement Action
6.2.1. After providing Reasonable Notice of a minimum of 48 hours to the Owner or Occupant
of Land or a Structure in accordance with Section 542 of the MGA, a Development Officer
or an Officer may enter into or onto any Land or Structure at a Reasonable Time for the
purpose of determining if the requirements of this Land Use Bylaw, Part 13 or 17 of the
MGA or its regulations, a Development Permit, Subdivision approval or Development
Agreement are being complied with or for the purpose of carrying out remedial or
enforcement action authorized by this Land Use Bylaw, the MGA or an Injunction Order.
6.2.2. Notwithstanding 6.2.1, in an emergency or extraordinary circumstance, the Development
Officer or Officer does not need to provide Reasonable Notice to the Owner or Occupant,
and the Development Officer or Officer may enter into or onto any Land or Structure
without the consent of the Owner or Occupant at any time.
6.3
Written Orders and Penalties
6.3.1
Where the Development Officer or Officer determines that a development, land use or
use of a structure is not in accordance with Part 17 of the MGA, the regulations under
Part 17 of the MGA, this Bylaw, a Development Permit, a Subdivision approval, or a
Development Agreement the Development Officer or Officer may issue a written order
in accordance with the MGA.
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6.3.2
Where a Development Officer or an Officer reasonably believes that an offence has been
committed or is occurring, the Development Officer or Officer may notify and penalize
the owner of the land or structure, the person in possession of the land or structure, the
person responsible for the violation or all or any of them by issuing a Municipal Tag or a
Violation Ticket.
6.4
Municipal Tag
6.4.1.
The Municipal Tag shall be in a form approved by the Chief Administrative Officer and
shall state:
a)
the Person's name;
b)
the offence;
c)
the appropriate voluntary penalty for the offence as specified in this Bylaw;
d)
that the voluntary penalty shall be paid within (14) days of issuance of the
Municipal Tag;
e)
the method by which the tag may be paid; and
f)
any other information as may be required by the Chief Administrative Officer.
6.4.2.
Where a contravention of this Bylaw is of a continuing nature, further Municipal Tags
may be issued by the Development Officer or Officer provided, however, that no more
than one Municipal Tag shall be issued for each day, or part day that the contravention
continues.
6.4.3.
Where a Municipal Tag has been issued in accordance with this Bylaw, the Person to
whom the Municipal Tag has been issued may, in lieu of being prosecuted for the
offence, pay to the County the penalty within the time frame specified in the Municipal
Tag.
6.4.4.
The voluntary penalty issued on a Municipal Tag shall be 50% of the Specified Penalty
amount for a first offence if payment is received within the time frame noted in 6.4.1
(d).
6.4.5.
If payment of the Municipal Tag is not received by the County within 14 days of the
issuance, a provincial Violation Ticket may be issued, and prosecution would proceed in
a Provincial Court.
6.4.6. Nothing in this Bylaw shall prevent an Officer from immediately issuing a Violation Ticket.
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6.5
Service of Written Orders and Municipal Tags
6.5.1.
In any case where a Development Officer or an Officer issue a Written Order or
Municipal Tag to any Person pursuant to this Part Six, the Development Officer or Officer
shall affect such service either:
a)
by causing a written copy of the Order or Municipal Tag to be personally
delivered to the Person named in the Order or Municipal Tag;
b)
in the case of an individual, by causing a written copy of the Order or Municipal
Tag to be delivered and left with a person of at least 18 years of age at the
Person's residence;
c)
in the case of a corporation, by sending a written copy of the Order or Municipal
Tag by registered mail to the registered office of the corporation, or by
delivering it personally to the manager, secretary or other executive officer of
the corporation or the person apparently in charge of a branch office of the
corporation at an address held out by the corporation to be its address;
d)
by causing a written copy of the Order or Municipal Tag to be delivered to and
left in a conspicuous place at or on the subject Lands or Structure; or,
e)
by causing a written copy of the Order or Municipal Tag to be mailed or
delivered to the last known address of the Person as disclosed in the land
registry system established by the Land Titles Act, and such service shall be
adequate for the purposes of this Bylaw.
6.6
Violation Ticket
6.6.1.
An Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to
either Part 2 or Part 3 of the Provincial Offences Procedures Act where a Municipal Tag
has been issued and the penalty specified on the Municipal Tag(s) is not paid within the
prescribed time.
6.6.2.
A Violation Ticket issued with respect to a contravention of this Bylaw shall be served
upon the person or corporation responsible for the contravention in accordance with
the Provincial Offences Procedure Act.
6.7
Offences
6.7.1.
Any Person who:
a)
violates or contravenes or causes, or allows a contravention of any provision of
the Land Use Bylaw;
b)
contravenes or fails to comply with a Development Permit or any conditions
forming part of the Development Permit;
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c)
contravenes or fails to comply with a Subdivision approval or any conditions
forming part of a subdivision approval;
d)
contravenes or fails to comply with the provisions of a Development
Agreement,
e)
fails to comply with the directions set out in an Order within the time frame
specified;
f)
authorizes or proceeds with any development that deviates from the
description, specification or plans that were the basis for the approval of the
Development Permit;
g)
authorizes or proceeds with any subdivision that deviates from the description,
specification or plans that were the basis for the subdivision approval;
h)
continues development after a Development Permit has expired or has been
revoked or suspended;
i)
continues with subdivision after the subdivision approval has expired or has
been revoked or suspended; or
j)
operates a business without a Business Development Permit;
i.
proof of one transaction or advertisement is sufficient to establish that a
person is engaged in or operates the business is guilty of an offence and is
liable upon summary conviction to a fine in an amount specified in this
Bylaw under section 6.8.
6.7.2.
All offences created under the Bylaw shall be interpreted to be strict liability offences.
6.7.3.
Where a contravention of the Bylaw is of a continuing nature, a contravention shall
constitute a separate offence in respect of each day, or part of a day, on which that
offence continues.
6.8
Penalties
6.8.1.
A person who is found guilty of an offence is liable to a fine of $500.00 for a First Offence,
and fines or penalties in accordance with Section 566(1) of the MGA.
6.8.2.
A Person who is convicted of an offence pursuant to this Bylaw is liable upon summary
conviction to a fine in an amount:
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Description of Offence
First Offence
Second Offence Third Offence
Residential-Related Offences:
Contravention of Development
Permit Conditions, Approved
Site Plan or Commencement of
Development Without a Permit
$500.00
$1,000
$2,000
Industrial/Commercial/Institutional/
Recreational: Contravention of
Development Permit
Conditions, Approved Site Plan
or Commencement of
Development Without a Permit
$2,000
$3,000
$5,000
Failure to Obtain Signage Permit or
Failure to Follow Sign
Development Permit
Conditions
$500.00
$1,000
$1,500
6.8.3.
Payment of any penalty or fine imposed pursuant to this Bylaw does not relieve a Person
from the necessity of paying any fees, charges or costs for which that Person is liable
under the provisions of this Bylaw or any other bylaw or enactment.
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PART 7:
AMENDMENTS
7.1
Amending the Land Use Bylaw
7.1.1.
Council or Administration may initiate a Land Use Bylaw amendment on any parcel of
land within the County, provided notification to the affected properties and adjacent
landowners is completed in accordance with Section 692 of the MGA.
7.1.2.
Any person may make application to the County for an amendment to the Land Use
Bylaw in accordance with the MGA. The application shall include:
a)
completion of an application form, in a clear and legible manner as prescribed
by Clearwater County for the redesignation application being applied for and
signed for by the landowner and applicant;
b)
a statement of the nature of the amendment requested;
c)
the purpose and reasons for the amendment;
d)
how the application aligns with the County's Municipal Development Plan's
(MDP); and
e)
an application fee as per the Clearwater County fee schedule.
7.1.3.
If the application to amend the Bylaw is for a redesignation of land, the Development
Officer may require, in addition to the requirements outlined in 7.1.2:
a)
the submission of an Outline Plan, conceptual plan or area structure plan (ASP)
for the area to be redesignated to the level of detail specified by the
Development Officer that may include but is not limited to:
i.
overview of the phases if the land is to be developed in different phases;
ii.
the size of future lots to be proposed at subsequent Subdivision stages;
iii.
the location of proposed roads and other utility infrastructure;
iv.
integration of the development with existing environmentally sensitive
areas and overview of areas to be preserved; and,
v.
a shadow conceptual scheme plan of future development on the subject
lands including potential building footprints;
b)
the payment of a fee equal to the costs by the County to review the proposed
Redesignation and/or Outline Plan, or if necessary, prepare an Outline Plan;
c)
information on the proposed servicing for a Redesignation involving increased
intensity of use on the subject lands;
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d)
a legal description or a plan showing the location and dimensions of the land
requested for redistricting which may be required to be prepared by a
Qualified Consultant, to the satisfaction of the Development Officer;
e)
If the redesignation is for the operation of a proposed business, a business plan
that describes the business operation;
f)
copies of any restrictive covenants or caveats registered on the subject lands;
g)
consent to authorize the Development Officer to carry out a site inspection of
the lands subject to the subdivision application in accordance with Section
653(2) of the MGA;
h)
a signed peer review authorization form authorizing the County to charge the
Applicant for any third-party reviews of technical studies as may be required to
support the Subdivision application review process;
i)
a geotechnical study completed by a Qualified Consultant;
j)
a noise attenuation study completed by a Qualified Consultant;
k)
a traffic impact assessment completed by a Qualified Consultant;
l)
a stormwater management report or master drainage plan completed by a
Qualified Consultant;
m)
information prepared by a Qualified Consultant regarding the suitability of the
site to support the provision and availability of potable water on or to the
subject parcel to be subdivided if the parcel is not serviced by a centralized
water distribution system;
n)
a description of how utilities will be provided such as power, gas, telephone and
internet;
o)
information prepared by a Qualified Consultant regarding the suitability of the
site to support the provision and availability of an on-site sewage disposal
system;
p)
a Hydrogeological assessment prepared by a Qualified Consultant or provincial
floodplain mapping (if available) showing the 1:100-year floodplain;
q)
analysis on the impact of community services including, but not limited to fire,
police and other emergency response services; and,
r)
any additional technical information that the Development Authority may
require to effectively evaluate the suitability of the proposed land use
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redesignation that may include information related to transportation, nuisance
effects, the environment, utilities and other municipal services.
7.1.4.
If a statutory plan or higher-level plan is required to be adopted or amended prior to a
redesignation in the Bylaw, for the redesignation to align with the statutory plan or
higher-level plan, the statutory plan or higher-level plan must be amended prior to or
concurrently with the redesignation application being considered by Council.
7.1.5.
An application for an amendment to the Land Use Bylaw will only be taken to Council
when the applicant has provided all necessary documentation to the satisfaction of the
Development Officer and the applicable fees, and all necessary supporting studies have
been submitted.
7.1.6.
An application for amendment may be referred to the Municipal Planning Commission
for review and comment prior to a public hearing of the application before Council at
the discretion of the Development Officer.
7.1.7.
If in the opinion of the Development Officer, the proposed land use amendment will
have or is perceived to have significant impacts on neighbouring uses, the Development
Officer may require additional public consultation in advance of the application being
scheduled for a public hearing and to provide a consultation report. The Development
Officer will work with the applicant to determine the appropriate level of consultation
which may include an open house, charette, workshop, mail-outs or other form of
consultation.
7.1.8.
Administration shall conduct an annual review of the Land Use Bylaw in its entirety and
report to Council with recommended amendments and recommended public
engagement strategy.
7.2
Bylaw Amendment Process
7.2.1.
Council may grant first reading to a Bylaw amendment in accordance with the MGA once
a report has been made to Council.
7.2.2.
Following first reading of an amending bylaw, the Council shall establish the date, time
and place for a public hearing on the proposed bylaw.
7.2.3.
Following first reading of an amending bylaw, the Development Officer shall advertise
and notify per Section 606 of the MGA requirements and the Clearwater County
Advertising Bylaw.
7.2.4.
The Public Hearing will be held in accordance with County Procedures Bylaw and the
MGA.
7.2.5.
After giving consideration to the representation made to it at the public hearing, the
Municipal Development Plan and any Intermunicipal Development Plan or other
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statutory plan affecting the proposed bylaw, and any other matters it considers
appropriate, Council may:
a)
pass the bylaw;
b)
make any amendment to the bylaw it considers necessary and proceed to pass it
without further advertisement or hearing;
c)
refer the bylaw for further information or comment to any person or authority
Council desires to refer the bylaw to; or,
d)
defeat the bylaw.
7.2.6. After third reading of an amending bylaw, the Development Officer shall send a copy of
the bylaw to:
a)
the applicant;
b)
the owner(s) of land if not the applicant; and,
c)
an adjacent municipality if it received notice pursuant to this section.
7.2.7.
If an application to amend this Bylaw for a change in a land use designation is refused,
the Development Officer may refuse to accept a subsequent application for a change in
the land use designation to the same parcel of land until a period of 6 months has
expired unless, in the opinion of the Development Officer, the circumstances of the
application have changed significantly.
7.2.8.
If the subdivision or development for which land was redesignated does not occur within
1 year of the date of passage of the bylaw that redesignated the land, Council may
initiate a bylaw to redesignate the land back to its former district.
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PART 8:
GENERAL PARCEL AND DEVELOPMENT REGULATIONS
8.1
Applicability
8.1.1.
The General Regulations for parcels and development shall apply to all development in
the County, unless otherwise exempted in this Part. Where any regulation in this Part
may be in conflict with any regulation in a District, the regulation in the District shall take
precedence.
8.2
Development on Substandard Lots
8.2.1.
Development on substandard lots existing at the time of passage of this Bylaw may be
approved at the discretion of the Development Authority.
8.3
Accessory Buildings
8.3.1.
Unless a Development Permit is not required pursuant to this Bylaw, an accessory
building or use shall not be developed or approved prior to the issuance of a
Development Permit, where required, for the principal use or building on the site.
8.3.2.
Accessory Buildings must be secondary and subordinate to the Principal Building or use
on the same site or when more than one lot is owned by the same landowner and
directly adjacent to a parcel with the principal use or building.
8.3.3.
The determination of whether a use, building or structure is considered accessory shall
be at the discretion of the Development Authority.
8.3.4.
Accessory Buildings shall be similar to, and complement, the Principal Building in
exterior colour, finishings, materials and design.
8.3.5.
An Accessory Building shall not be located on an easement, utility right-of-way or
undeveloped road allowance.
8.3.6.
Where an Accessory Building or structure is attached to the Principal Building, it shall be
considered to be a part of the Principal Building and shall be required to meet the
setbacks and other regulations that apply to the Principal Building.
8.3.7.
In Non-residential Districts:
a)
With the exception of any agricultural district, no Accessory Building or any
portion thereof shall be erected or placed within the front yard of any lot unless
otherwise approved by the Development Authority.
b)
An Accessory Building shall be located so that it meets the minimum side and
rear yard requirements of the district in which the property is located, unless
otherwise approved by the Development Authority.
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c)
If an Accessory Building has vehicle entrance doors, they shall be located so that
driveway to the vehicle entrance doors shall be no less than 6.0 metres (19.7
feet) in length unless the minimum setback requirement of the land use district
within which the parcel is located requires a greater setback.
Figure 1: Accessory Building
8.3.8.
In Residential Districts:
a)
no Accessory Building or any portion thereof shall be erected or placed within
the front yard and/or side yard of any parcel, except at the discretion of the
Development Officer where such placement would be consistent with the use or
configuration of the lot but may not encroach onto the minimum setback from
the front lot line in the District which the subject parcel is designated;
b)
an Accessory Building having vehicle entrance doors shall be located so that the
vehicle entrance doors shall be no less than the minimum setback requirement
of the land use district within which the parcel is located. At no time shall they
be less than 6.0 metres (19.7 feet) from the property boundary upon which they
open except where otherwise approved by the Development Officer due to the
configuration of the lot or because, in the opinion of the Development Officer, a
lesser setback would improve the use of the lot and would not unduly impact
the use of adjoining properties. Where garage doors face a lane, the building
shall be not less than 1.0 metre (3.28 feet) from the property boundary with the
lane; and,
c)
an Accessory Building that services the purpose of a boat house shall be located
no closer than 6.0 metres (19.69 feet) from the boundary of the parcel which is
parallel with or is closest to the bank, unless otherwise approved by the
Approving Authority.
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8.4
Building Site Design & Vehicular Access and Flow
8.4.1. Vehicular and pedestrian entrances and exits shall be located and designed in a manner
that provides a clearly defined and efficient onsite and off-site vehicular circulation
pattern.
8.4.2. Loading bays shall be located in such a manner as not to impede the efficient flow of on-
site traffic and pedestrian movement and to minimize impacts on adjacent land uses.
8.5
Corner Lots
8.5.1.
A lot abutting two streets or more shall have a front yard setback on each street in
accordance with front yard regulations of the applicable land use district in this Bylaw.
8.5.2.
On a corner lot, in all districts, no fence, wall, tree, hedge or other structure exceeding
1.0m (3.28 ft.) in height above grade shall be permitted in a corner visibility triangle
created by the property lines that form the corner and a straight line connecting the two
points 6.0m (19.7 ft) back along these property lines measured from their intersection.
8.5.3.
In the case of any corner lot or parcel where two yards are regarded as front yards,
where provided for in a Land Use District the Development Officer may declare one to
be a side yard and shall then require a side yard setback that is at least equal to the side
yard required for an internal lot in that district.
Figure 2: Corner Lot Setbacks
8.6
Moved, Relocated Buildings and Dwelling - Relocated
8.6.1.
Any person desiring to move a building onto or within a parcel of land shall first apply
for a Development Permit either as the use or in the case of dwellings, as a Dwelling -
Relocated, unless otherwise exempted pursuant to Section 3.2.
8.6.2.
Approval of a Development Permit for the relocation of a building may not be granted
unless the Development Authority is satisfied that:
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a)
the building and the proposed location of the building meets the requirements
of the land use district in which the building is to be located; and,
b)
the building is compatible with the character of the neighbourhood to which the
building is to be relocated.
8.6.3. The Development Officer may determine the character and appearance of a building to
be moved or relocated by means of recent photographs, drawings or other illustrative
information required from the applicant or from an inspection of the building and site
or both.
8.6.4. In considering an application to move a building onto a parcel of land or relocate a
building within a parcel of land, the Development Officer may consider comments
obtained from a referral of the application to adjacent landowners.
8.6.5. The Development Officer may impose, as a condition of a Development Permit to move
or relocate a building, conditions to undertake alterations, repairs or maintenance of
the building and/or prepare the proposed site.
8.6.6. The Development Officer may require a security deposit in an amount determined
sufficient to ensure completion of all renovations set out as conditions of approval.
8.6.7. Any renovations or any conditions imposed by the Development Officer to a moved-in or
relocated building shall be completed within 24 months of the issuance of the
Development Permit. Non-compliance shall result in forfeiture of the security deposit
to ensure completion of the work.
8.7
Number of Dwelling Units Allowed Per Parcel
8.7.1.
Except as otherwise provided for in this Bylaw, the following number of dwellings are
allowed on parcels:
Land Use Designation
# of Dwelling Units Allowed
Agricultural (A) District
Less than or equal to 32.4 ha (80.0 ac): Maximum 2 dwelling units
allowed provided the regulations of 8.7.3 are met.
Greater than 32.4 ha (80.0 ac): Maximum 3 dwelling units allowed
provided the regulations of 8.7.3 are met.
This can be a combination of any dwelling types; however, they
must not exceed the total the maximum allowed number of
dwelling units.
Country Residential
Agricultural (CRA)
District
Maximum one principal dwelling and one Dwelling - Secondary
Suite.
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Country Residential (CR)
District
Maximum one principal dwelling and one Dwelling - Secondary
Suite.
Industrial/Commercial/In
stitutional Land Use
Districts
Maximum one Dwelling - Security/Surveillance for Industrial or
Institutional Land Use Districts where it is listed as a use.
Commercial Districts: At the discretion of the Development
Authority based on an approved Development Permit for a
Dwelling - Mixed Use.
Hamlet Residential (HR)
District
Maximum one Principal Dwelling and one Dwelling - Secondary
Suite if the site has a Dwelling - Single Detached located on it.
If application is for a Dwelling - Bed and Breakfast, Dwelling -
Mixed use, Dwelling - Multi-unit or Dwelling - Boarding House,
total allowable # of dwelling units is at the discretion of the
Development Authority.
Recreational/Leisure
Residence Districts
At the discretion of the Development Authority.
Manufactured Home
Park (MHP) District
At the discretion of the Development Authority.
David Thompson
Development (DTN)
Node District
At the discretion of the Development Authority.
All Other Districts
At the discretion of the Development Authority.
These regulations do not apply to multi-unit temporary accommodations such as Hotels,
Integrated Recreation/Tourist Resort or Campground - Major or Campground - Minor.
8.7.2.
No dwelling units or additional dwelling units may be constructed or placed on a parcel
of land unless a Development Permit for such purpose has been issued, it meets the
allowable density provisions of this Bylaw and complies with the Safety Codes Act.
8.7.3.
In considering if an additional dwelling or a multi-unit dwelling may be allowed on a
parcel of land, the Development Officer must be satisfied that:
a)
a suitable building site exists, preferably in the same yard as the first/principal
residence;
b)
suitable access can be provided;
c)
suitable services can be provided;
d)
suitable parking, common amenity areas, access to green space and appropriate
amenities are nearby;
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e)
the development will be compatible with existing and planned land uses in the
vicinity; and
f)
other applicable provisions in the Land Use Bylaw and Municipal Development
Plan can be met.
8.7.4. In respect to a single parcel of land, a development application may be approved to allow:
a)
the construction or location of two or more dwelling units if each of the dwelling
units is contained in a building designed for or divided into two or more dwelling
units and the parcel of land is located in a district which permits such multiple
units as listed uses;
b)
the development of a manufactured home park on a parcel of land that is
designated Manufactured Home Park district, including the placement of single
and/or double wide manufactured home units in the park;
c)
the development of two or more dwelling units in a building or buildings, as
defined in the Condominium Property Act, subject to a condominium plan to be
registered in Alberta Land Titles and located in a district that permits such
multiple units; and,
d)
the construction or location of a residence intended to replace an existing
residence, subject to any conditions of time, servicing and occupancy as the
Development Officer may require so as to allow habitation of the older
residence until the new residence is occupied.
8.7.5. In a Public Airport District "PA", the construction or location of additional accessory
dwelling units or a dwelling - airport suite on a parcel of land may be
approved to the satisfaction of the Development Authority.
8.8
Building Setbacks
8.8.1.
Unless otherwise provided by this Bylaw, all buildings erected or placed on a lot shall
meet the minimum yard requirements of the district in which the lot lies with the
exception of:
a)
where each of the dwelling units of a building containing two or more dwelling
units is to be contained in separate parcels or titles, no side yards shall be
required on a side which abuts an adjacent unit (such as a duplex or
townhouse); and
b)
where the proximity of two or more buildings or uses on separate but adjacent
lots would form a suitable commercial shopping centre, industrial complex or
institutional facility, no side yards may be required on a side which abuts an
adjacent unit at the discretion of the Development Officer.
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Figure 3: Yards - Front, Side and Rear
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Figure 4: Setbacks for County Road Allowances
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Figure 5: Setbacks to County Road Allowances and Internal Subdivision
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Figure 6: Setbacks to Highways and County Road Allowances
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Figure 7: Setbacks to Highways and Internal Roads
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Figure 8: Highway Setbacks
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8.9
Building Heights
8.9.1.
Subject to this section and the regulations in each land use district the Development
Officer may regulate the height of any building.
8.9.2.
Except as otherwise provided for in section 8.9.4 no non-residential building shall be
constructed higher than which can be serviced effectively by the local fire department.
No residential building shall be constructed with more than two floors above grade,
except where approved by the Development Officer acting on the advice of a Fire
Officer.
8.9.3.
To determine building heights in terms of the maximum limits established in districts,
the measurement shall be taken from the building grade to the highest point of the
building or structure. Building grade is the average grade of the overall structure on all
sides.
8.9.4.
The following may not be considered by the Development Officer when reviewing the
overall height restrictions of a development: industrial processing towers, chimney or
smoke stacks, steeples or spires, belfries, domes, monuments, elevator housing, roof
stairway entrances, water or other tanks, ventilating equipment, satellite dishes,
telecommunication towers, amateur radio antenna, flag poles, clearance markers, or a
firewall, parapet wall or guardrail that is no greater than 1 metre (3.28 feet) above the
roof, and any other vertical extension deemed by the Development Officer to be
exempted.
Figure 9: Building Height
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8.10
Development Setbacks from Roads and Intersections
8.10.1. The Development Authority may require a larger setback from any internal subdivision
road or road, which may be re-aligned in the direction of the proposed building or
development.
8.10.2. On a parcel of land located adjacent to a public road, internal subdivision road or
provincial highway, development shall be sited in accordance with the setback
regulations of the subject land use district, unless otherwise approved by the
Development Authority or Alberta Transportation & Economic Corridors.
8.10.3. No development, access or egress is allowed on a lot located on the inside of a curve on
a public road as illustrated in Figure 10.
Figure 10: Road Curve Setbacks
8.10.4. The Development Authority may not approve an application for a Development Permit
affecting land within 300 metres (1,000 feet) of a provincial highway or within 800
metres (1/2 mile) of a provincial highway intersection unless the applicant provides a
copy of a highway vicinity development approval from Alberta Transportation &
Economic Corridors.
8.10.5. The Development Authority may issue a Development Permit for a development, which
does not meet the setback requirements outlined in the land use district, if the parcel
was created prior to this Bylaw coming into effect, which under this Bylaw would not
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have a building site due to the new setback requirements. The development shall not
have an adverse impact on adjacent land uses and development.
8.10.6. Lots abutting an internal subdivision road or a service road shall not be subject to the
setbacks required for public roads but shall be subject to setback requirements
otherwise stated in this Bylaw. In this regard, an internal subdivision road is a road that
is not in an Agriculture District and is not part of the grid system, contained in a public
road allowance.
8.11
Development Setbacks from Wastewater Treatment, Landfill and Waste Sites
8.11.1. Subdivision and Development applications must comply with the setback requirements
outlined in Section 17 of the Matters Related to Subdivision and Development
Regulation.
8.12
Site Elevation/Grade
8.12.1. Each newly created parcel in a hamlet or multi-parcel subdivision shall be graded to align
with overall stormwater plans for the area to ensure appropriate drainage flow to the
satisfaction of the County.
8.12.2. The developer of a site is responsible to ensure that grading is completed to provide
effective site drainage. The Development Authority may require a developer to submit
a site grading or drainage plan to be prepared by a Qualified Consultant (PEng).
8.12.3. The Development Officer may specify an elevation at which any new development is to
be constructed in order to facilitate proper site drainage and connection to any existing
or proposed sewer system.
8.12.4. If a person alters the approved lot drainage on a site so that water drains onto adjacent
parcels, that person shall be responsible for corrective drainage structures, including
retaining walls, to divert water from neighbouring properties.
8.13
Projections into Yards within Hamlets
8.13.1. Within a hamlet residential district, chimneys, cornices, eaves, gutters, steps, sills and
cantilevered projections, such as a window bays, may project a maximum of 0.6 metres
(1.97 feet) into any side yard setback, but no cantilevered projection, with or without a
window, may encroach within 1.22 metres (4 feet) from the property line.
8.13.2. Within a hamlet residential district, balconies, unenclosed porches, verandas, decks,
cornices, eaves, steps, stairways, window bays and other similar projections may project
a maximum of 2 metres (6.56 feet) into a front or rear yard setback.
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8.13.3. Within a hamlet residential district, setback distances do not apply to unenclosed patios
or decks, whether affixed or not affixed to the main building or attachment thereto,
where no portion of the patio or deck is more than 0.6 metres (1.97 feet) above grade,
except that a projection into a front yard shall not exceed 2.5 metres (8.2 feet).
Figure 11: Projections into Yards
Figure 12: Projections into Yards - Aerial View
8.14
Objects Prohibited or Restricted in Yards
8.14.1. No person shall allow a motor vehicle used for stock car races, a motor vehicle which
has all or part of its superstructure removed, or a motor vehicle which is in a dilapidated
or unsightly condition to remain or be parked on a parcel in a residential district or on
any parcel of land which is primarily used for residential purposes for greater than 72
hours, and, for any other district, not less than 30 metres (100 feet) from a public
roadway unless it is screened to the satisfaction of the Development Officer.
8.14.2. No person shall keep or permit in any residential district an object or chattel which, in
the opinion of the Development Officer, is unsightly or tends to adversely affect the
amenities of the area. Considerations of neighbours and complaint history should be a
consideration in the opinion of the Development Officer.
8.14.3. No person shall keep or permit on a parcel of land in hamlet or country residential
districts the storage of materials used in construction of a development on that parcel
of land beyond the period which, in the opinion of the Development Officer, is necessary
for the completion of the development. Considerations of neighbours and complaint
history should be a consideration in the opinion of the Development Officer.
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8.15
Building Design, Character and Appearance
8.15.1. In all developments, the design, character and appearance of buildings, including but
not limited to the use of exterior finishing materials and façade design, shall be to the
satisfaction of the Development Authority.
8.15.2. The Development Authority may impose conditions to ensure that:
a)
the design, character and appearance of a building is compatible with other
buildings in the vicinity, unless in the opinion of the Development Officer it is
setting a new standard of design, character and appearance for a particular
locality;
b)
the finish and appearance of all the buildings on the lot, including accessory
buildings, should complement the other structures located on the same lot;
c)
the design, character and appearance of the building is consistent with the
purpose of the land use district in which the building is located; and,
d)
the development complies with any provision of a statutory plan, community
plan or design standards otherwise adopted or approved by Council applicable
to the site or land use district within which the development lies.
8.15.3. The exterior finishing materials of a development shall be those as shown on the
approved plans for that development. Once constructed, the façade of the building or
buildings shall be maintained to the standard and appearance as approved by the
Development Officer such that any changes may be subject to the approval of the
Development Officer if in the opinion of the Development Authority the changes
warrant a Development Permit.
8.15.4. The Development Officer shall ensure, as far as is reasonably practical, that exterior
materials will be used which will ensure that the standard of the building will be similar
to or better than the standard of surrounding development. The Development Authority
may require that the appearance of an exterior wall, which is exposed to public view
from beyond the site, be improved where, in the opinion of the Development Officer,
that the appearance of the wall is inconsistent or incompatible with the appearance and
finishing standards of surrounding development.
8.15.5. Roof lines and building facades shall be articulated and varied to reduce the mass and
linear appearance of large commercial, industrial or multi-residential buildings.
8.15.6. For Commercial, Industrial and Institutional development:
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a)
exterior finish shall be wood, prefabricated materials, stone, brick,
architecturally finished block or concrete, stucco or other more permanent and
durable materials, to the satisfaction of the Development Authority;
b)
all sides of a building exposed to the view from a highway, road, or green space
shall be treated as a principal façade and finished in a pleasing architectural
manner that incorporates a variety of materials and changes in building
articulation; and,
c)
mechanical equipment shall be screened or incorporated into the roof envelope.
8.16
Landscaping
8.16.1. If a landscaping plan is required, no landscaping work shall be commenced until the
landscaping plan is approved by the Development Authority; and shall include the
following:
a)
boundaries and dimensions of the subject site;
b)
location and dimensions of all the buildings, parking areas, driveways and
entrances;
c)
adjacent land uses;
d)
location of all exterior lights on the site and their projected light patterns in
relation to adjacent public roadways and developments;
e)
location of any utilities or right-of-ways;
f)
location of existing plant materials to be maintained;
g)
location of new plant materials;
h)
grading and site contours;
i)
all other physical features existing or proposed, including berms, retaining walls,
outdoor furniture, decorative paving, water features with to-scale
measurements indicating proposed dimensions;
j)
all ground cover materials proposed for the landscaped area (mulch, sod,
pavers, planting beds etc.);
k)
Site area proposed to be landscaped, and percentage of site coverage; and,
l)
an outline of the proposed alignment with FireSmart landscaping principles.
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Figure 13: Buffer between residential and commercial development
8.16.2. The owner of the property, or his/her successor or assignees, shall be responsible for
landscaping and its proper maintenance. As a condition of a development approval, the
applicant shall enter into a Development Agreement with the County respecting the
landscaping that will be required by the Development Authority. Under this agreement,
the owner shall provide the County with a security deposit acceptable to the County of
a value of 25% of the estimated cost of the work, as deemed acceptable to the County,
to ensure that the landscaping is carried out with reasonable diligence. The conditions
of the security deposit shall be that:
a) if the landscaping is not completed in accordance with this Bylaw and the
landscaping plan within one year from the date the Development Permit is issued,
the County may use the security deposit to complete the approved landscape
development;
b) upon completion of the landscaping, the security deposit amount will be reduced
to 25% of the value of the original security deposit provided and shall be held for
a further two (2) full growing seasons during which time if the landscaping does
not survive the owner must replace the planting with a similar type of species and
with a similar calliper width or the County shall draw from the remaining security
deposit to replace the necessary landscaping. The letter of credit shall be released
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when the landscaping has been completed to the satisfaction of the Development
Officer and the 2 full growing seasons has expired.
Figure 14: Buffer area to the road
Figure 15: Buffer area to the road: cross section
8.17
Fences and Screening
8.17.1. In addition to the Corner Lots and Development Setbacks from Roads and Intersections
restrictions of this Bylaw, in hamlets:
a)
no fence within 7.5 metres (24.6 feet) of the right-of-way of a public road,
excluding lanes, shall be more than 1.0 metre (3.28 feet) high. An exception
may be made by the Development Officer for the portion of the side and rear
yard which abuts the flanking street of a corner parcel;
b)
at the intersection of lanes, a 3 metres (10 feet) sight triangle shall be
maintained whereby no fence, any planting, growth or any object placed shall
materially impede vision over a height of 1 metre (3 feet); and,
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c)
no fence shall be higher than 1.83 metres (6 feet) unless approved by the
Development Officer for safety, security, screening or other reason.
8.17.2. At the intersections of public roads, internal roads and primary highways, no fence,
hedge, shelterbelt or other planting or growth shall unduly restrict the vision of
approaching traffic in alignment with the Corner Lots section of this Bylaw.
8.17.3. Screening in the form of fences, hedges, landscaped berms or other means shall be
required along the property lines of all commercial and industrial lots where such lines
are shared with a residential property line or are adjacent to lanes that abut a
neighbouring residential property. Such screening shall be at least 1.83 m (6 ft) high. The
extent of the screening shall be at the discretion of the Development Authority
8.17.4. For bulk outdoor storage associated with industrial or commercial land uses, where
because of materials stored, a screen planting would not be sufficient, a fence, earth
berm or combination thereof to the satisfaction of the Development Authority, shall be
required.
8.17.5. A higher fence or a fence with barbed or other security features for an industrial-related
land use may be approved for public safety, security, and privacy or buffering purposes.
Where barbed wire fences are proposed, they should not abut public open spaces and
should incorporate landscaping to provide a degree of buffering.
8.18
Lighting and Illumination
8.18.1. Lighting fixtures for exterior illumination, which are not illuminating public uses, shall be
installed with the light directed and/or deflected away from public roads and adjacent
lots with consideration for dark sky lighting principles.
8.18.2. No flashing, strobe or revolving lights, which may impact the safety of motorists using
adjacent public roadways, shall be installed on any property, with the exception of those
regulated at either the provincial or federal level (such as for Telecommunications
Towers).
8.18.3. Any development application that provides for access by the public must include a
lighting plan which incorporates Crime Prevention Through Environmental Design
(CPTED) to encourage safety and security through the development.
8.18.4. Stand-alone lighting fixtures in institutional, commercial and industrial areas shall not
exceed 7.62m (25 ft.) in height.
8.18.5. Stand-alone lighting fixtures in residential areas shall not exceed 6.0m (19.6 ft.) in
height.
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8.18.6. A detailed lighting plan prepared by a Qualified Professional (lighting consultant) may
be required for more comprehensive multi-residential, commercial, industrial or
institutional developments at the discretion of the Development Officer.
8.18.7. Precautions must be taken to ensure that outside lighting does not interfere with
adjoining uses or detract significantly from the natural features of the site and the
surrounding area.
8.19
Servicing Requirements
8.19.1. All development shall meet the provision of water and wastewater services in
accordance with the Municipal Development Plan, and in doing so meet provincial
standards and regulations respecting the provision of water and wastewater services.
No development will be approved if appropriate municipal servicing is not available or a
suitable alternative provision is not provided by the applicant.
8.19.2. The developer/landowner(s) shall be responsible for ensuring that setback distances and
separation between water sources and sewage disposal systems on their property meet
all regulations in accordance with the Alberta Private Sewage Systems Standard of
Practice.
8.19.3. The Developer shall enter into a Development Agreement for the construction,
upgrading, contribution toward, or extension of existing County services as a condition
of a Subdivision or Development Permit approval in accordance with Section 650 of the
MGA.
8.19.4. The County may require that an approved subdivision application enter into a Deferred
Services Agreement as a condition of approval. This condition would mean that if piped
servicing becomes available to a particular subdivision, the landowner would be
required to connect to the County's servicing system.
8.19.5. In hamlets, all new development for dwelling units, commercial, industrial or
institutional uses shall be tied into municipal servicing. In exceptional cases where
servicing is not immediately available, the Development Authority may consider
registration of a Deferred Servicing Agreement on the lot subject to the development.
8.20
Bareland Condominium
8.20.1. Structures constructed on bare land condominium units shall comply with the general
regulations of this Bylaw, including the regulations for the land use district in which the
unit is located.
8.20.2. For the purposes of this Bylaw, a bare land condominium plan is treated as a plan of
subdivision.
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PART 9:
SPECIFIC DEVELOPMENT REGULATIONS
9.1
Campgrounds (Major and Minor)
9.1.1.
The following details shall be incorporated into the application submission for a
proposed Campground - Major or Campground - Minor development, to the
satisfaction of the Development Authority:
a)
a site plan for a proposed campground shall identify the location of each
campsite and detail the location, design standards and site requirements of any
common accessory uses and services, such as washrooms, laundromat,
recreational buildings, retail store, food concession, fire pits, fire wood storage,
lighting, water supply, wastewater disposal facilities, solid waste collection
facilities and any other similar uses or services that may be associated with or
required within a campground. In addition, it should include internal circulation
requirements, road widths, pedestrian circulation, site access and egress,
emergency access, parking areas, and storage areas;
b)
all campgrounds and sites shall have clear access and identification for
emergency services;
c)
the number of access points to the campground shall be limited to control the
entry and departure of vehicles and to minimize interference with neighbouring
uses and traffic flow. A secondary emergency egress may be required for safety,
depending on the capacity of the campground;
d)
campsites shall be accessible by means of a driveway at least 3.0 m wide where
the driveway is for one-way traffic, or at least 6.0 m wide where the driveway is
for two-way traffic;
e)
roads shall be developed to a standard and to the satisfaction of the
Development Authority for the purpose of accommodating emergency, fire and
maintenance vehicles;
f)
minimum recreational vehicle/camping site specifications shall be:
i.
6.0 m in width;
ii.
18.0 m in depth; and,
iii.
108 m² in area.
g)
minimum separation between individual campsites is 3.0m;
h)
allowable density:
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i.
20 campsites per hectare (8 sites/acre) up to an area of 4 hectares (10
acres), thereafter, the maximum allowable density is 17 sites per hectare (7
sites/acre).
9.1.2.
Adjacent site conditions, the interface with neighboring uses, accessibility to natural
areas, physical suitability, serviceability and environmental protection will be key
considerations when determining the appropriateness and suitability of a site for a
proposed campground development.
9.1.3.
Public road access to a proposed campground shall be required, as a condition of
development approval, to be constructed or upgraded to a condition acceptable to the
County.
9.1.4.
The following standards shall differentiate a Campground - Major vs. Campground -
Minor:
Campground - Minor
Campground - Major
Requirement:
# of Sites
Maximum of 20 sites
Minimum of 21 sites or more
Locational
Considerations
When located in an Agricultural
District, it is considered a
secondary use to the principal
dwelling and as such can only
occur on parcels that include an
existing dwelling unit.
Recreational and commercially
designated parcels as listed in the
land use districts
Season
April 1st - November 30, unless
year-round is approved at the
discretion of the Development
Authority
Year Round
Setbacks
In accordance with the subject
land use district
In accordance with the subject land
use district
Staff
No minimum staff requirement
A minimum of one full-time staff
member must be on-site at all
times
Minimum Parcel Size
Greater than 32.4 ha (80.0
acres)
At the discretion of the
Development Authority
Parking
See Parking section of this
Bylaw
See Parking section of this Bylaw
Year-Round Storage
of Recreational
Vehicles
Maximum of five allowed to be
stored year-round
Year-round storage is permitted
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Servicing
Requirements
Servicing not required for
operations April 1 to November
30. Year-round operations
require sanitary sewage disposal
facilities and potable water
facilities.
Sanitary sewage disposal facilities
and potable water facilities
required.
9.1.5.
Separation Distances and Buffering:
a)
there shall be a minimum distance separation of 300.0 m between any
Campground - Major and Confined Feeding Operations or 1000.0 m between
any parcel designated Aggregate Resource Extraction/Processing Direct Control
District to the satisfaction of the Development Authority; and,
b)
a Campground-Major may require buffering in the form of setbacks, berming or
year-round vegetation to mitigate the various impacts on or from surrounding
land uses. A landscape plan may be required to be prepared by a Qualified
Consultant at the discretion of the Development Authority.
9.1.6.
The storage, collection and disposal of solid waste in a Campground - Major or
Campground - Minor shall be conducted as to not create health hazards, rodent
harborage, insect breeding areas, and/or accident or fire hazards. Individual or grouped
refuse containers must be screened to the satisfaction of a Development Officer and
made to be inaccessible by wildlife.
9.1.7.
For Campgrounds - Major which propose to be open year-round, applications must
include provisions in the design of internal roads for snow removal and snow storage
sites.
9.2
Confined Feeding Operations
9.2.1.
Operators of Confined Feeding Operations are responsible for obtaining the necessary
provincial licenses, permits, and approvals prior to operation.
9.2.2.
In directing and approving land uses that may be incompatible with a confined feeding
operation, Clearwater County shall refer the application to the NRCB to determine the
applicable minimum distance separation.
9.2.3.
The County may choose to provide comment to the NRCB on any proposed new or
expanded CFO(s) in alignment with the County's Municipal Development Plan.
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9.2.4.
Within the following exclusionary zones, the County shall indicate its opposition to an
application for a new operation and may indicate its opposition to an application to
expand an existing confined feeding operation on:
a)
all land within 3.2 kilometres (2 miles) of a corporate boundary of a Town,
Village or Summer Village, or as otherwise directed in an intermunicipal
development plan adopted by the County;
b)
all land within 3.2 kilometres (2 miles) of a hamlet the boundaries of which may
be defined in a statutory plan or Outline Plan approved by the County; and,
c)
all land within 0.8 kilometres (0.5 miles) of an area contained in an area
structure plan that provides for multi-lot residential development.
9.3
Data Processing Centre
9.3.1.
All necessary approvals shall be provided by the Alberta Utilities Commission and copies
are required as part of an application for Development Permit approval.
9.3.2.
A fire safety/emergency response plan shall be required as a condition of Development
Permit approval to the satisfaction of the Fire Chief.
9.3.3.
A noise attenuation study conducted by a Qualified Consultant shall be required by the
Development Authority. At the discretion of the Development Authority, a noise
mitigation plan that may include a noise monitoring system may also be required.
9.4
Day Homes
9.4.1.
A Day Home:
a)
shall not be located in a dwelling unit containing a Home Occupation - Major;
b)
may require privacy screening that prevents visual intrusion into any outdoor
play area; and,
c)
shall not require a Development Permit.
9.5
Development On or Near Slopes
9.5.1.
For the purposes of this section, "toe of slope", "toe of bank", "top of slope" or "top of
bank" is as determined by the Development Officer, who may consult with Alberta
Environment and Protected Areas or require a technical study from a Qualified
Consultant (geotechnical engineer and/or land surveyor).
9.5.2.
Notwithstanding the yard requirements prescribed in the land use districts, subject to
9.5.3, a building or structure shall not be permitted or caused to be built or placed within
15.24 metres (50 feet) of the toe of slope, toe of bank, top of slope or top of bank having
a grade that equals or exceeds 15%.
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9.5.3.
The required setback from the toe of slope or top of bank may be increased or decreased
by the Development Officer upon the submission of a report from Alberta Environment
and Protected Areas, a geotechnical engineering firm or Qualified Consultant
(geotechnical engineer) that indicates a lesser setback is suitable or a greater setback is
required or dependent on surrounding site conditions at the Development Officer's
discretion.
9.5.4.
The Development Officer may require an applicant to provide a geotechnical assessment
of the proposed development of the site and buildings, completed by a Qualified
Consultant, which provides mitigation strategies.
9.5.5.
No trees or vegetation shall be cleared within 15.24m (50 ft) of the toe or top of slope
where the removal may have an impact on the overall slope stability.
Figure 16: Bank and Slope
9.6
Direct Market Sales
9.6.1.
Direct Market Sales shall be approved as an Exempted Use (No Development Permit
Required), provided that:
a)
the sales are for a personal endeavour (i.e. hobby), and not related to a business /
commercial land use;
b)
for non agricultural parcels, the sales are not the primary use of the parcel of land;
c)
the sales will not unduly impact other adjacent land uses;
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d)
the use does not adversely affect traffic safety; and
e)
the applicant demonstrates appropriate measures to mitigate potential negative
effects on adjacent and nearby land uses.
9.6.2.
For non agricultural parcels, should a stand or structure be used for the direct market
sales; the structure shall be under 23.2 m² (250 sq ft) or a Development Permit shall be
required. The structure shall not be permanent and must be moveable if adjacent to a
road.
9.7
Dugouts and Fishponds
9.7.1.
All dugouts and fishponds (for non-commercial purposes) shall be completed in
alignment with all provincial and environmental regulations to ensure they do not
impact natural drainage flows, environmentally sensitive areas or provincial water
bodies and/or wetlands.
9.7.2.
Although dugouts and fishponds for non-commercial purposes do not require a
Development Permit, provided they do not require any variances to the Bylaw, they may
require Water Act approval. Contact Alberta Environment and Protected Areas prior to
commencing development.
9.7.3.
Dugouts shall not be located within any drainage easement.
9.7.4.
No dugout shall be located less than the required setback distance outlined in a specific
land use district from any public roadway.
9.8
Dwelling - Bed and Breakfast
9.8.1.
A Dwelling - Bed and Breakfast operating as a dude ranch / vacation farm (incorporating
agricultural / ranching activities into the overall experience) in an agricultural land use
district shall be operated as a secondary use to the principal ranching/farming
(Agricultural Operation) use of the land and shall not change the principal character of
the subject land.
9.8.2.
Dwelling - Bed and Breakfast operating as a dude ranch / vacation farm in an agricultural
district shall not accommodate more than eight guests at any one time.
9.8.3.
Dwelling - Bed and Breakfast operating as a dude ranch / vacation farm shall be allowed
on a given parcel or lot.
9.8.4.
In reviewing a development application for a Dwelling - Bed and Breakfast, the factors
to be considered include, but are not limited to:
a)
the size of the parcel;
b)
the impact of the proposed use on the existing water and wastewater systems;
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c)
consistency with other development in the surrounding area/land use districts
in terms of nature and intensity of use;
d)
potential traffic generation, and parking requirements as outlined in this Bylaw;
e)
buffering or other techniques designed to limit any interference with other uses
of the peaceful enjoyment of neighbouring parcel; and,
f)
amenities offered that would enhance the proposed land use.
9.8.5.
In residential districts, a Dwelling - Bed and Breakfast may be allowed provided that it
is secondary to the residential use of the dwelling, and it will not interfere with the use
and enjoyment of the neighbouring properties.
9.8.6.
A Dwelling - Bed and Breakfast shall comply with the following standards:
a)
any alteration to the residential structure shall be limited to ensure that the
dwelling remains within the character of the area within which it is located, and
any alterations are to be approved by the Development Authority; and
b)
an identification sign must identify rather than advertise the establishment and
not exceed 0.6 square metres (6.46 sq ft) in size unless otherwise approved by
the Development Officer.
9.9
Dwelling - Guest House / Room
9.9.1.
An application for a Development Permit for a guest house may be approved on a parcel
of land in a district for which a guest house is listed as a Discretionary Use but only when
a principal residence already exists on the parcel of land.
9.9.2.
A guest house may be a separate building or form part of a building that is separate from
the principal residence but shall not include a kitchen.
9.9.3.
A maximum of 1 guest house is permitted on parcels less than 32.4 ha (80.0 acres)
9.9.4.
A maximum of 2 guest houses are permitted on parcels greater than or equal to 32.4 ha
(80.0 acres).
9.10
Dwelling - Manufactured
9.10.1. All Dwelling - Manufactured must have CSA (Canadian Standards Association) approval
with the appropriate sticker denoting this standard. If a particular mobile home has been
damaged or structurally altered, the mobile home must be certified as safe by a building
inspector to the satisfaction of the Development Authority.
9.10.2. All Dwelling - Manufactured in the County must be placed on a concrete foundation,
blocking or piles and appropriately skirted from grade to floor level to the satisfaction of
the Development Authority.
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9.10.3. Skirting shall match the finish of the Dwelling - Manufactured and be completed within 60
days of the Dwelling - Manufactured being located on a site.
9.11
Dwelling - Secondary Suite
9.11.1. Dwelling - Secondary Suites can be located within either a primary dwelling on a subject
lot or in a separate standalone structure provided that the maximum floor area is 120m²
(1291 square feet) and shall not exceed the size of the principal dwelling on a parcel.
9.11.2. A maximum of one Dwelling - Secondary Suite may be developed in conjunction with a
principal dwelling on a parcel where permitted.
9.11.3. The Development Authority shall be satisfied that the Secondary Suite will be properly
connected to services (e.g. gas, power, water, provincially approved sewage disposal)
associated with the existing host residence without jeopardizing existing services
associated with either the hosting Parcel or adjacent and neighbouring Parcels.
9.11.4. A Dwelling - Secondary Suite shall be developed in such a manner that the exterior of
the principal building containing the secondary suite shall appear as a single dwelling in
cases where this is the type of secondary suite proposed.
9.11.5. A Dwelling - Secondary suite shall not be subject to separation from the principal
dwelling through a condominium conversion or Subdivision.
9.11.6. Where landowners intend to convert their bona fide need Development Permit approval
under Land Use Bylaw 714/01 to a secondary suite, the applicant may apply for variances
to the restrictions within this Bylaw for a Dwelling - Secondary Suite. These applications
will be at the discretion of the Development Authority.
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Figure 17: Secondary Suite
9.12
Dwelling - Security / Surveillance
9.12.1. A Development Permit for a Dwelling - Security / Surveillance may be issued if the
proposed development is subordinate to the principal use of the subject parcel.
9.12.2. The placement of a surveillance suite shall be compatible with all existing, principal
development/land uses on adjacent properties and shall not interfere with future
principal development/ land uses of adjacent properties.
9.12.3. Where a surveillance suite is attached to the principal building by a roof, an open or
enclosed structure, floor or foundation, it is to be considered a part of the principal
building.
9.12.4. The minimum and maximum floor area of any detached surveillance suite shall be 50 m²
(538.2 sq ft) and 113 m² (1,216.0 sq ft) respectively.
9.13
Environmentally Significant Areas
9.13.1. When reviewing an application for development on environmentally significant areas,
the Development Officer may consider any or all of the following:
a)
the impact of the proposed development on the subject and surrounding lands;
b)
The results of a required biophysical impact assessment or other environmental
study required at the discretion of the Development Officer and completed by a
Qualified Consultant;
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c)
the soil and slope conditions of the area surrounding the subject property;
d)
any information on the past history of the subject property and surrounding
area from a geotechnical perspective; and,
e)
comments and recommendations from Alberta Environment and Protected
Areas.
9.13.2. As part of the Development Permit application, the Development Officer may require a
geotechnical study, prepared by a Qualified Consultant (geotechnical engineer),
addressing the proposed development. The geotechnical study will establish building
setbacks from property lines based upon the land characteristics of the subject property.
9.13.3. The Development Officer may require all or any of the following as conditions of
approval for a Development Permit application on land which is considered
environmentally significant:
a)
a certificate from a Qualified Consultant (geotechnical engineer) certifying that
the design of the proposed development was undertaken with full knowledge of
the soil and slope conditions of the subject property;
b)
a certificate from a Qualified Consultant (geotechnical engineer) when the
proposed development includes cut and/or fill sections on slopes and/or
including the addition of fill to the subject property;
c)
that measures be taken to ensure that infiltration into area slopes, the subject
property and adjacent lands are minimized;
d)
the registration of a restrictive covenant against the certificate of title for the
subject property related to the approved development; and/or,
e)
the registration of an easement against the certificate of title for the subject
property entitling the County or an agent on behalf of the County the right to
enter the subject property to carry out such improvements and repairs as are
required to maintain the stability of adjacent properties which, if not corrected,
could adversely affect surrounding lands.
9.13.4. Removal of natural vegetation and alterations to the natural drainage of lands within or
adjacent to an environmentally significant area shall not be permitted
9.13.5. The Development Authority may require a biophysical impact assessment or other form
of environmental study to determine setbacks and other considerations in
environmentally significant areas. The biophysical impact assessment may include, but
not be limited to:
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a)
a description of the features of the site, adjacent properties and nearby lands
that may be affected;
b)
a description of the environmental sensitivity of these lands and features;
c)
the nature of the impacts on land, water, wildlife and fish during construction;
d)
the nature of the impacts of land use activities on land, water, wildlife and fish
upon completion of the development and/or phases thereof;
e)
an environmental mitigation/protection plan to alleviate any adverse impacts,
monitor the performance of the mitigation/protection measures and identify
the residual impacts and their significance on fish, wildlife, vegetation, soil,
water quality and quantity; and,
f)
any other matters required by the Development Authority.
9.13.6. Clearwater County may register an Environmental Reserve (ER), or Environmental
Reserve Easement (ERE) where provided for in Section 664 of the MGA for the
environmentally significant lands.
9.13.7. The Development Authority may require a Phase 1 Environmental Site Assessment or
Environmental Audit report prepared by a Qualified Consultant as part of a Development
Permit application which shall contain:
a)
a history of the subject property's ownership and use;
b)
a description of the natural environment and social environment surrounding
the subject property which may be sensitive to contamination;
c)
an inventory of all hazardous materials that may have been handled or stored
on the subject property, including a review of on and off-site disposal operations
and facilities;
d)
documentation of the existence, location and use of above and underground
storage tanks and other related facilities;
e)
a history of environmental regulatory activity affecting the subject property;
f)
a review of the condition and use of adjoining properties;
g)
a completed sampling program to determine type and level of contamination of
soil, groundwater, surface water, site facilities, etc.;
h)
a determination of the extent of contamination; and,
i)
a comprehensive site and areas map noting the locations of natural and built
features and other elements of the site audit as noted above.
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9.13.8. The Environmental Audit and report may be referred to Alberta Environment and
Protected Areas as well as Clearwater County for comment and recommendations.
9.14
Farm Subsidiary Business
9.14.1. A farm subsidiary business may be approved in an agricultural district only if the
development will not:
a)
employ more than two employees who do not reside on-site;
b)
store or maintain any goods, materials, or equipment not directly related to the
operation; and,
c)
create dust, noise, odour, smoke or traffic generation which in the opinion of
the Development Authority would be a nuisance to adjacent or nearby
properties.
9.14.2. If a farm subsidiary business is approved as a temporary use, the approval shall be date
specific as to when the business shall cease or at the discretion of the Development
Officer considered for an extension of time until a specific future date.
9.14.3. Signage shall be limited to one sign not exceeding 3 square metres (32.29 sq ft) in area
and must conform to all other provisions of this Bylaw.
9.15
Flood Prone Lands
9.15.1. Subject to the provisions of this Section, development on land which may be prone to
flooding generally shall be discouraged, especially on lands which lie within the 1:100-
year floodplain, as determined by Alberta Environment and Protected Areas and/or the
County as determined by a hydrogeological study.
9.15.2. On land that in the opinion of Alberta Environment and Protected Areas and/or the
County is within the floodplain, new residential development and the expansion of
existing residential development shall not be permitted, regardless of whether it is an
allowable use in the subject land use district.
9.15.3. On land that in the opinion of Alberta Environment and Protected Areas and/or the
County is within the floodplain, permanent non-residential buildings shall not be
allowed, and new development shall not be allowed except for:
a)
non-obstructing agricultural uses;
b)
outdoor recreation uses;
c)
flood control measures; and,
d)
public work facilities.
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9.15.4. In reviewing an application for development for a site which is considered to be prone
to flooding or located in a 1:100-year floodplain, the Development Officer may require
one or more reports to be submitted by a Qualified Consultants addressing the proposed
development and the mitigating aspects of the application that will be utilized to
minimize potential impacts.
9.15.5. If a proposed development within floodplain lands is approved, any or all of the
following may be required as conditions of development approval:
a)
the use of fill, piles, posts or piers to raise the development above the 1:100-
year flood level;
b)
no finished floor space below the 1:100-year flood level;
c)
no mechanical or electrical installations less than 0.5 metre (1.64 feet) above
the 1:100-year flood level;
d)
diking the watercourse with approval from Alberta Environment and Protected
Areas;
e)
increased development setbacks from the watercourse;
f)
the use of backflow prevention valves (stop valves);
g)
any other flood abatement measure as may be advised by the municipality,
Alberta Environment and Protected Areas or Qualified Consultant; and
h)
registration of a restrictive covenant registered against the title of the subject
property which saves and indemnifies the municipality from liability.
9.15.6. The Development Officer may require that the development of a site considered to be
prone to flooding and any building thereon be designed or bear the seal and signature
of a professional engineer and/or architect registered in the Province of Alberta.
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9.15.7. Notwithstanding any other provision in this Bylaw, for a site that is considered to be
subject to flooding or located in a 1:100-year floodplain, with the exception of those
uses listed in 9.15.3, a Permitted Use in the Land Use District for that site shall be
deemed to be a Discretionary Use.
Figure 18: Flood Prone Lands
9.16
Historical and Archeological Sites
9.16.1. Historical and archeological sites identified pursuant to the Alberta Historical Resources
Act shall be protected in accordance with the guidelines established by the Province of
Alberta. A Historical Resource Impact Assessment or appropriate Historical Resources
Act approval may be required at the discretion of the Development Authority and/or by
Alberta Heritage.
9.17
Home Occupations (Major and Minor)
9.17.1. A Home Occupation shall be classified as either a Home Occupation - Major or Home
Occupation - Minor based on the classification table as follows:
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Home Occupation
Minor
Major
Development Permit
Required
Yes
Yes
Site Plan Required
No
Yes
Signage Allowed
Maximum 0.56 square
metres (6 sq ft)
Maximum 0.56 square metres (6 sq ft)
Nuisance Impacts
Allowed
None
Minor potential impacts.
Landscaping / Screening
Required
None
Depending on the home-occupation,
potentially landscaping or screening
may be required by the Development
Authority
Non-Resident Employees
None
Maximum of 1 non-resident employee
in a hamlet residential district
Maximum of 2 non-resident
employees in a non-hamlet residential
district (i.e. Agricultural)
Commercial Vehicles
and/or Trailers
None
Maximum of 1 commercial vehicle in a
hamlet residential district
Maximum of 2 commercial vehicles in
a non-hamlet residential district (i.e.
Agricultural)
Customer Traffic
Generation
3 or less customer visits
per day
10 or less customer visits per day
Outside Storage Allowed
None
No outside storage in a hamlet-
residential district
Minimal outside storage screened and
located in a side or rear yard to the
satisfaction of the Development
Authority in a non-hamlet residential
district (i.e. Agricultural)
Public Display of Products Not permitted
Not permitted
Accessory Building /
Structure
Maximum 1
Maximum 1
Parking Spaces Required
See Parking regulations of this Bylaw
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Note: The Purpose of Home-Based Businesses is to accommodate small, non-intrusive, low
risk, low intensity developments that can be integrated into and are compatible with
adjacent non-commercial or non-industrial sites. Uses that exceed the business standards of
a Home-Based Business should be more appropriately located within an alternative and
compatible land-use district in alignment with the MDP.
9.17.2. A Home Occupation - Minor or Home Occupation - Major shall be operated as a
secondary use only and shall not change the external appearance or residential
character of the site.
9.17.3. A Home Occupation - Minor or Home Occupation - Major may be approved on a
temporary basis in the time period outlined in the Development Permit approval.
9.17.4. All home occupations require a Development Permit.
9.17.5. A maximum of 1 Home Occupation - Major is allowed per lot.
9.17.6. A maximum of 2 Home Occupations are allowed per lot, provided there is only one Home
Occupation - Major on the subject lot. This means there is the opportunity for two minor
home occupations, or 1 major and 1 minor home occupation allowed per lot.
9.17.7. Allowable hours of operation may be outlined by the Development Authority as a
condition of Development Permit approval dependent on Home Occupation location,
context, adjacent dwellings and the proposed type of home occupation.
9.17.8. A Home Occupation - Minor or Home Occupation - Major should not negatively affect
neighbouring residences with lighting, noise, vibration, smoke, dust, odour, or other
nuisances.
9.18
Kennels
9.18.1. Kennels are not allowed in residential districts within Hamlets and multi-lot country-
residential subdivisions;
9.18.2. All buildings, cages and/or outdoor exercise areas shall be located to the satisfaction of
the Development Authority and shall comply with the following regulations:
a)
no building or outdoor exercise area shall be located within 300 m (1,000 ft) of
any dwelling located on an adjacent parcel;
b)
where applicable, all facilities, including buildings and outdoor exercise areas,
shall be located behind the principal building;
c)
all facilities, including buildings and outdoor exercise areas, shall be screened
from any existing dwellings on an adjacent parcel;
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d)
all facilities shall be cleaned on a daily basis with an animal waste management
plan submitted as a condition of Development Permit approval;
e)
exercise areas for animals shall be fenced to the satisfaction of the Development
Authority; and,
f)
no animals shall be allowed outdoors between the hours of 10:00 pm and 6:00
am.
9.18.3. Additional referral circulation to a larger radius shall be at the discretion of the
Development Authority for kennel applications.
9.19
Recreational Vehicle Storage - Commercial
9.19.1. Parking spaces proposed for recreation vehicle storage must meet the setback
requirements of the associated land use district upon which it is located, and the setback
area shall be landscaped to the satisfaction of the Development Authority.
9.19.2. Vehicle entrances and exits, as well as internal vehicle routes shall be designed in a
manner that provides a safe and clearly defined circulation pattern and may be subject
to the submission of Traffic Impact Assessment at the discretion of the Development
Authority.
9.19.3. All on-site roadways, parking, loading and storage areas shall have a durable hard
surface of asphalt, gravel or similar material and the same shall be drained, developed
to the satisfaction of the Development Authority.
9.19.4. Where on-site parking or storage is illuminated; all lighting shall be positioned in such a
manner that lighting impacting abutting properties is minimized.
9.19.5. Any developed portion of the site must be graded, contoured and seeded and shall
provide for a satisfactory disposal of surface water by grading and drainage in such a
manner that no surface water shall drain onto a public roadway or other neighbouring
property.
9.19.6. There shall be no storage of hazardous materials or goods on site.
9.19.7. No day use or over-night accommodation shall be allowed on site.
9.19.8. The storage of recreation vehicles shall not include storage for the salvage of, or for
derelict recreation vehicles.
9.19.9. The recreation vehicle compound shall be fenced with a minimum 2.0 m high chain link
fence around the periphery of the storage area; however, razor wire is prohibited.
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9.19.10. Except in exceptional circumstances as determined by the Development Authority, an
application for recreation vehicle storage shall require a landscape plan prepared by a
Qualified Consultant.
9.20
Recreational Vehicle Storage & Temporary Use - Personal
9.20.1. On a lot in the Leisure Residence District (LR) where no principal building is present, one
recreation vehicle that bears a valid current vehicle license may be parked and used for
living and sleeping accommodation. The recreation vehicle must be portable at all times
with no permanent additions.
9.20.2. Recreation vehicles shall not be used for any business or commercial purposes, including
but not limited to, the utilization of the recreation vehicles for providing temporary or
permanent accommodation in exchange for remuneration or fee, unless otherwise
approved in a Development Permit issued by the Development Authority.
9.20.3. On a lot in any district where a Dwelling - Single-Detached is a Permitted or
Discretionary Use, occupied recreation vehicles which contain a valid current vehicle
license, or a tent may be parked and used for living and sleeping accommodation by
guests of the occupants of the principal dwelling for a period not to exceed 60 days
without requiring a Development Permit.
9.20.4. Unused or unoccupied recreation vehicles and other recreational trailers and equipment
of an approved dwelling on a residential parcel may be stored or parked on a Country
Residential (CR) District or Country Residential Agriculture (CRA) District parcel without
a Development Permit, providing that the total number does not exceed four (4)
recreation vehicles. Any number larger than four would require a Development Permit
for the appropriate use.
9.20.5. Unused or unoccupied recreation vehicles and other recreational trailers and equipment
of an approved dwelling on a residential parcel may be stored or parked on a Hamlet
Residential (HR) District parcel without a Development Permit, providing that the total
number does not exceed one (1) recreation vehicle. Any number larger than one would
require a Development Permit for the appropriate use.
9.20.6. Unused or unoccupied recreation vehicles and other recreational trailers and equipment
may be stored or parked on the said parcel of land without a Development Permit,
providing that the property is assessed as farmland and used for agricultural purposes
and the total number does not exceed seven (7) recreation vehicles.
9.20.7. Notwithstanding 9.20.4 9.20.5 and 9.20.6, where any unused or unoccupied vehicle or
equipment named in the foregoing becomes derelict, dilapidated or unsightly, the
Development Officer may determine that the scope and scale of the number of unused
recreation vehicles is classified as a listed use and subsequently requires a Development
Permit.
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9.20.8. A maximum of five (5) recreation vehicles may be utilized as staff housing for summer
employment within Development Nodes, and industrial-designated lots within the
Hamlet of Nordegg. A Development Permit is required for all recreational vehicles being
utilized for staff housing.
9.20.9. In all hamlet residential districts, recreation vehicles may be utilized for temporary
habitation for a maximum of 72 hours without a Development Permit.
9.21
Remote Area - Wildfire Prevention
9.21.1. When, in the opinion of the Development Officer, a proposed development would be
located in an area which may be a significant wildfire hazard area or too remote for
existing municipal services to be effective in an emergency, the Development Officer
may add the following measures as conditions to the issuance of a Development Permit
to reduce fire hazards:
a)
a minimum 10 metres (33 feet) defensible space perimeter around buildings;
this space should consist of less fire prone vegetation and free of ground level
fuels (e.g. logs, branches, twigs), piled debris and other combustibles; this zone
may increase to 30 metres (100 feet) for a site at the top of a slope;
b)
a reduced fuel zone perimeter around buildings in which the forest canopy and
understory may need to be thinned; for flat sites this perimeter may be up to 30
metres (100 feet) but may be greater if the perimeter area includes downslopes
greater than 15%;
c)
roofs to be constructed of non-combustible or combustion retardant materials;
d)
the installation of spark arresters on chimneys and stovepipes;
e)
exterior siding to be of fire-resistant materials;
f)
the provision of an emergency access;
g)
the provision of an adequate on/off-site water supply and equipment for fire-
fighting purposes; and,
h)
any other provisions consistent with principles and standards to protect a
community, subdivision or isolated development from wildfires.
9.22
Renewable Energy - Personal Use - Solar Collectors
9.22.1. A solar collector with a rated output less than 30 kW attached to a wall or roof of an
authorized building is allowed in any land use district without the requirement for a
development permit, subject to the following:
a) A solar collector mounted on a roof:
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i. shall not exceed the maximum height requirements of the applicable land use
district; and
ii. must be attached as per manufacturer's specifications.
b) A solar collector mounted to a wall:
i. must be located such that it does not create undue glare on neighbouring property
or public roadways; and
ii. must be attached as per manufacturer's specifications.
9.22.2. A free-standing solar collector shall be listed as a permitted use when the rated output
is less than 30 kW and shall be processed subject to the applicable land use district and
the following additional standards:
a) A free-standing solar collector:
i. Shall be located such that it does not create undue glare on neighbouring property
or public roadways; and
ii. Shall not exceed 4.5 metres (15 ft.) in height above existing grade when orientated
at maximum height, in the HR, HCM, NUR, NHC, MHP, LR, RF-M, and CA land use
districts, and the CRA and CR land use districts; and/or
iii. Shall not exceed 6.1 metres (20 ft.) in height above existing grade when orientated
at maximum height, in all other land use districts where the use is allowed.
b) In addition to the above two standards (2)(a)(i) and (ii), a free-standing solar collector
must meet the setbacks that are outlined in the applicable district.
9.22.3. In the Agriculture District "A", solar collectors with a rated output less than 30kW for
private on-site use and which meet the development regulations in the Agricultural
District "A" are exempt from requiring a development permit.
9.22.4. Free-standing solar collectors which primarily produce or feed power into the provincial
power grid or transmit to other properties, or a group of solar cells with a rated output
of more than 30kW but less than 1 MW on the same parcel, shall apply for a
development permit and are deemed to be a discretionary use.
9.23
Renewable Energy - Personal - Wind Energy Conversion Systems- small (WECS-small)
Requirements
9.23.1. In the Agriculture "A" District a development permit is not required for WECS-small,
provided the maximum height is 6 meters and it meets the requirements outlined in
Section 2.2.4.
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9.23.2. In all other land use districts other than the Agriculture "A" District, a development
permit shall be required for all WECS-small, unless otherwise stipulated in the bylaw.
Application Requirements
9.23.3. All reports and plans from a qualified consultant required as part of an application must
be completed by the appropriate accredited professional qualified in the Province of
Alberta.
9.23.4. A development permit application for a WECS-small shall include the following
information in a legible format:
a) a development permit application;
b) if necessary, a landowner authorization;
c) a scaled and surveyed site plan which shows the property lines, the location of the
structures on the site, all setbacks, access and egress, utility lines, easements and rights
of way;
d) a proposed haul route plan for construction and decommissioning;
e) a construction management plan which includes information about days and hours of
construction, noise and dust mitigation, erosion control, waste management and
disposal;
f) a decommissioning and reclamation plan which includes noise and dust mitigation,
erosion control, waste management and disposal; reclamation to the prior land
classification use;
g) the manufacturers make and model number for the WECS-small;
h) the manufacturer's specifications indicating:
i. The rated output in kilowatts;
ii. Tower height;
i) specifications on the foundations and/or anchor design, including the location and
anchoring of any guy wires;
j) engineered plans, prepared by a qualified consultant, for WECS-small that are
mounted or attached to any building demonstrating that the building can structurally
support the WECS-small; and
k) any other information the development authority requires to assess the suitability of
the development.
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Referrals
9.23.5. Prior to making a decision on a development application for a WECS-small, the
Development Authority may refer the application and consider the input of the following
agencies and departments:
a) Transport Canada,
b) Alberta Transportation & Economic Corridors (within prescribed distances to
provincial roadways),
c) Any other Federal, Provincial, or Municipal agencies or departments deemed
necessary.
Setbacks
9.23.6. A WECS-small shall comply with all the setbacks in the land use district in which it is
located or the setbacks outlined in clause 2.2.4(2) below, whichever is greater.
9.23.7. The WECS-small shall be setback a minimum distance equal to the maximum height of
the WECS-small from all property lines.
9.23.8. No part of the WECS-small, including guy wire anchors, may extend closer than the
setbacks of the applicable land use district in which they are located.
Development Standards
9.23.9. A WECS-small shall have a minimum blade clearance of 7.62 metres (25 feet) to the
ground, unless otherwise specified by the manufacturer.
9.23.10. A WECS-small should be located and screened by landforms, natural vegetation, or other
means to minimize visual impacts on neighbouring residences and public roads, public
trails, and other areas.
9.23.11. A WECS-small and any supporting structures shall be painted a single, neutral, non-
reflective, non-glossy (for example, earth-tones, grey, or black) that, to the extent
possible, visually blends the system with the surrounding natural and built
environments.
9.23.12. A WECS-small shall not be artificially illuminated except as required by a federal or
provincial agency or department.
9.23.13. A WECS-small shall be equipped with manual and automatic over speed controls. The
conformance of rotor and over speed control design and fabrication to good engineering
practices shall be certified by a licensed mechanical, structural, or civil engineer.
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9.23.14. A WECS-small climbing apparatus shall be no closer than 4.57 metres (15 feet) from
grade unless the system is enclosed by a 1.83 metre (6 feet) high fence.
9.23.15. The system's maximum power shall not exceed 5kW.
9.23.16. Except for on parcels designated as Agriculture, the system shall be located in the rear
or side yards unless mounted on an authorized building. Special considerations to relax
this location standard may be made by the Development Authority for a WECS-small
located in the remaining districts when they are not in a multi-lot subdivision, based on
parcel size, specific site planning issues, and location factors which include consideration
for the type of land uses adjacent to the proposal.
9.23.17. Brand names or advertising associated with the system or systems installation shall not
be visible from any public space.
9.23.18. The County shall be consulted at the beginning of an application process to confirm the
needs and requirements in the proposed district can be met, prior to seeking provincial
and federal approvals. The County will not accept WECS-small development permit
applications without necessary provincial or federal approvals.
9.23.19. All components, where required of the WECS-small, including any electrical
components, shall comply with the Canadian National Standards and shall bear the
appropriate certification marks.
9.23.20. Roof mounted WECS-small shall comply with all Alberta Building Code requirements and
the applicant and/or landowner shall be responsible for ensuring the roof and support
structure is reinforced, braced, or constructed to handle extreme wind conditions and
the weight and vibrations of the roof wind turbine unit.
9.23.21. As a condition on a development permit, the Development Authority may require that
the installation of the roof mounted WECS-small be reviewed by a structural engineer
to verify mounting and structural safety.
9.23.22. The WECS-small system must be installed by a certified electrical contractor prior to
operation.
Decommissioning
9.23.23. Where the WECS-small has been inactive or abandoned for more than 12 consecutive
months, the County upon notice can require the applicant and/or landowner to
decommission and remove the entire system at their expense in accordance with the
decommissioning and reclamation plan. If the WECS-small is not decommissioned and
removed in accordance with the notice, the County may undertake enforcement action.
9.23.24. All refuse associated with the decommissioning and dismantling of the WECS-small shall
be removed from the property and disposed of appropriately.
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9.23.25. Upon removal of the WECS-small, the property shall be restored to its pre-construction
condition to the satisfaction of the Development Authority.
9.24
Renewable Energy - Commercial/Industrial - Solar Collection Facility
Requirements
9.24.1. The County will not accept solar collection facility development permit applications
without necessary provincial or federal approvals.
9.24.2. Multiple solar collectors with a combined output rating of 1MW or more will be
considered a solar collection facility.
9.24.3. Land used for a solar collection facility must be re-districted to a Direct Control District
"DC" and shall require a development permit.
9.24.4. Within Clearwater County, Class 3 lands are considered to be high quality (Class 1 and
2), as per the Electric Energy Land Use and Visual Assessment Regulations. Subsequently,
A solar collection facility shall not be located on Class 1 to Class 3 lands as classified by
the Alberta Land Suitability Rating System (LSRS), unless the development meets
Provincial government regulations to demonstrate coexistence with crops and/or
livestock and shall preferably be located on Class 5 to Class 7 lands.
Application Requirements
9.24.5. A development permit application for a solar collection facility will not be accepted until
the development permit application fee is received by the County.
9.24.6. All reports and plans from a qualified consultant required as part of an application must
be completed by the appropriate accredited professional qualified in the Province of
Alberta.
9.24.7. A development permit application for a solar collection facility shall provide the
following information in a legible format:
a) a development permit application;
b) if necessary, a landowner authorization;
c) a scaled and surveyed site plan which shows the property lines, the location of the
structures on the site, all setbacks, access and egress, utility lines, easements and rights
of way;
d) maps, prepared by a qualified consultant, identifying water bodies and any sensitive,
environmental or topographical features;
e) a drainage and grading plan prepared by a qualified consultant;
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f) a weed, vegetation, and pest management plan prepared by a qualified consultant;
g) a landscaping plan which includes strategies to minimize negative visual impacts;
h) a proposed haul route plan for construction and decommissioning;
i) a site security and emergency management plan, which addresses water supply, fire
suppression, and emergency vehicle access and on-site circulation;
j) a construction management plan which includes information about days and hours of
construction, noise and dust mitigation, erosion control, waste management and
disposal;
k) a decommissioning and reclamation plan which includes noise and dust mitigation,
erosion control, waste management and disposal; and reclamation to the prior land
classification use;
l) an environmental assessment review prepared by a qualified consultant that assesses
site suitability and outlined impact mitigation strategies;
m) any other information the development authority requires to assess the suitability of
the development; and
n) public participation plan.
9.24.8. The development authority may impose any conditions the development authority
considers appropriate, including, but not limited to, conditions about the following
matters:
a) entering into a road use agreement with the County, which may include road
maintenance, road widening, and security; fencing and/or other security measures;
b) weed, vegetation and pest control;
c) vibration / light pollution mitigation
d) emergency response;
e) construction and decommissioning, including noise and dust control; and
f) provision of security to ensure compliance with development permit conditions,
including reclamation security.
9.24.9. Prior to making a decision on a development application for a Solar Collection Facility,
the Development Authority may refer the development permit application and consider
the input of the following:
a) Transport Canada,
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b) Alberta Transportation & Economic Corridors, and
c) Any other federal and provincial agencies or municipal departments deemed
necessary.
Referrals
9.24.10. Prior to making a decision on a development permit application for a solar collection
facility, the Development Authority shall refer a development permit application and
review the input of the following:
a) any municipality within 1.6 kilometres (1 mile) of the proposed solar collection
facility, or other distances as specified in any applicable Intermunicipal Development
Plan; and
b) all landowners within 2 kilometres (1.2 miles) of the proposed solar collection facility.
Decommissioning
9.24.11. Where the solar collection facility has been inactive or abandoned for more than 12
consecutive months, the County upon notice can require the applicant and/or
landowner to decommission and remove the entire system at their expense. If the
solar collection facility is not decommissioned and removed in accordance with the
notice, the County may undertake enforcement action.
9.24.12. All refuse associated with the decommissioning and dismantling of the solar collection
facility shall be removed from the property and disposed of in accordance with the
approved decommissioning plan.
9.24.13. Upon removal of the solar collection facility, the property shall be restored to its pre-
construction land use and LSRS rating, to the satisfaction of the Development
Authority, and reclamation certificates provided.
9.24.14. If an application requires the provision of a plan outlining how the site will be
decommissioned and reclaimed to the state prior to the development, the plan should
include information regarding:
a) treatment of footings,
b) reclamation of roads and other disturbances,
c) notice to landowners and the municipality,
d) containment of hazardous materials,
e) site security,
f) discussion of the timetable for the submission of a final decommissioning plan.
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9.25
Renewable Energy - Commercial/Industrial - Wind Energy Conversion Systems (WECS)
Requirements
9.25.1. WECS will be classified into two categories:
a) Category 1 -Maximum rated output of WECS proposed is more than 5 kW and less
than 1MW; and
b) Category 2 -Maximum rated output of WECS proposed is more than 1 MW.
Application Requirements
9.25.2. All reports and plans from a qualified consultant required as part of an application must
be completed by the appropriate accredited professional qualified in the Province of
Alberta.
9.25.3. A development permit application for a WECS, depending on the category, shall include
the following information in a legible format:
a) a development permit application (Category 1 and 2);
b) if necessary, a landowner authorization (Category 1 and 2);
c) a scaled and surveyed site plan which shows the property lines, the location of the
structures on the site, all setbacks, access and egress, utility lines, easements and
rights of way using GIS coordinates (Category 1 and 2);
d) maps, prepared by a qualified consultant, identifying water bodies and any sensitive,
environmental or topographical features (Category 1 and 2);
e) a drainage and grading plan prepared by a qualified consultant (Category 1 and 2);
f) a proposed haul route plan for construction and decommissioning; (Category 1 and
2);
g) a site security and emergency management plan, which addresses water supply, fire
suppression, public notification, and security measures (Category 1 and 2);
h) a construction management plan which includes information about days and hours
of construction, noise and dust mitigation, erosion control, waste management and
disposal (Category 1 and 2);
i) a decommissioning and reclamation plan which includes noise and dust mitigation,
erosion control, waste management and disposal; and reclamation to the prior land
classification use (Category 1 and 2); (a visual impact assessment which considers the
individual and cumulative impact of the WECS on the scenic qualities of the County
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landscape, including the impact of overhead transmission lines and strategies to
mitigate negative impacts (Category 2);
j) scale elevations or photographs of the proposed WECS showing total height, tower
height, rotor diameter, and colour (Category 1 and 2);
k) a noise impact assessment which considers provincial noise guidelines and outlines
mitigation strategies (Category 1 and 2);
l) specifications on the foundations and/or anchor design, including location and
anchoring of any guy wires (Category 1 and 2);
m) the manufacturer's specifications indicating (Category 1 and 2):
i. the WECS rated output;
ii. safety features and sound characteristics;
iii. type of material used in tower, blade, and/or rotor construction;
n) the applicant's approval from the Alberta Utilities Commission (AUC) and any other
agencies required for provincial approval (Category 2);
o) an environmental assessment review prepared by a qualified consultant that assesses
site suitability and outlined impact mitigation strategies (Category 1 and 2);
p) any other information the development authority requires to assess the suitability of
the development (Category 1 and 2);
q) public participation plan (Category 1 and 2); and
r) vibration mitigation plan (Category 1 and 2).
Conditions
9.25.4. The development authority may impose any conditions the development authority
considers appropriate, including, but not limited to, conditions about the following
matters:
a) entering into a road use agreement with the County, which may include road
maintenance, road widening, and security fencing and/or any other security
measures;
b) weed, vegetation, and pest control;
c) emergency response;
d) construction and decommissioning, including noise and dust control; and
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e) provision of security to ensure compliance with development permit conditions,
including reclamation security.
9.25.5. As a precursor to decommissioning, the County may request that the developer provide
a status report on the defunct operation.
9.25.6. If an application requires the provision of a plan outlining how the site will be
decommissioned and reclaimed to the state prior to the development, the plan should
include information regarding to:
a) treatment of footings,
b) reclamation of roads and other disturbances,
c) notice to landowners and the municipality,
d) containment of hazardous materials,
e) site security,
f) discussion of the timetable for the submission of a final decommissioning plan.
Referrals
9.25.7. Prior to making a decision on a development application for a WECS, the Development
Authority should refer and consider the input of the following agencies and
departments:
a) Transport Canada,
b) Alberta Transportation & Economic Corridors (within prescribed distances to
provincial roadways),
c) any other federal or provincial agencies or municipal departments deemed
necessary.
9.25.8.
The Development Authority shall also refer a development application for a WECS to:
a) an adjacent municipal jurisdiction if the boundaries of the municipal jurisdiction are
within 1.6 kilometres (1 mile) of the proposed WECS, or other distances as specified
in any applicable Intermunicipal Development Plan;
b) landowners within 2 kilometres (1.2 miles) of the proposed WECS.
Setbacks
9.25.9. A WECS shall comply with all the setbacks in the land use district in which the WECS is
located, or the setbacks stipulated in Policy 3.2.5(3) below, whichever is greater. The
distance shall be measured to the outside of the rotor arc. However, in the case of where
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a single project wind power plant is to be located on land owned by the same landowner,
but not on separate titles or quarter sections, the required setbacks to adjacent property
lines involved in the development proposal may be exempt if there is no nearby
residence, as per Policy 3.2.5(5). Similarly, if a single project involved different
landowners' titles, those landowners may grant consent whereas the Development
Authority may relax the required setback to adjacent property lines involved in the
development proposal.
9.25.10. Where, in the opinion of the Development Authority, the setbacks referred to in Policy
3.2.5(1) above are not sufficient to reduce the impact of WECS from a public roadway
or a primary highway, the Development Authority may increase the required setback.
9.25.11. A WECS with a maximum height over 30 meters shall be located 500 meters from any
property boundary.
9.25.12. In the case of multiple WECS, setbacks can be increased from the minimum setback
requirements of clause 3.2.5(3) above or as stipulated in the applicable land use district
depending upon the number of WECS in a group and the prominence of the location.
9.25.13. All Wind Energy Conversion Systems (WECS) must be located at a minimum distance of
800 meters from the nearest residential development or any property designated for
residential use within a residential district. This distance must be measured from the
base of the WECS to the boundary of the residential property or residential district. In
cases where multiple residential properties or districts exist within an 800-meter radius,
the requirement will apply to all such properties or land use districts.
Minimum Blade Clearance
9.25.14.
The minimum vertical blade clearance from grade shall be 7.50 metres (24.6 feet).
Tower Access and Safety
9.25.15. To ensure public safety, the Development Authority may require as a condition of a
development permit that:
a) a security fence with a lockable gate, no less than 1.80 metres (5.9 feet) in height,
shall surround a WECS tower;
b) no ladder or permanent tower access device shall be located less than 3.66 metres
(12 feet) from grade;
c) a locked device shall be installed on the tower to preclude access to the top of the
tower;
d) all of the above be provided or such additional safety mechanisms or procedures be
provided as the Development Authority considers reasonable and appropriate;
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e) the use of tubular towers, with locked door access, will preclude the above
requirements.
Colour and Finish
9.25.16. Unless otherwise required by the Development Authority, a WECS shall be finished in a
non-reflective matte and in a colour which minimizes the obtrusive impact of a WECS to
the satisfaction of the Development Authority.
9.25.17. No lettering or advertising shall appear on the towers or blades. On other parts of the
WECS, the only lettering permitted will be the manufacturers' identification.
Number of WECS Per Parcel
9.25.18. The development authority may allow more than one WECS on a parcel of land upon
consideration of the following additional factors:
a) proximity of all other immediate land uses;
b) density and number of WECS on the parcel and surrounding lands;
c) utilities;
d) other relevant impacts, including but not limited to visual impact, access, noise,
vibrations, and wildlife implications.
Development Commencement
9.25.19. Due to the complexity of large projects and the level of provincial approvals that are
typically associated with commercial WECS, the commencement and construction time
requirements may be relaxed from the bylaw's required 12 months from the date of
issuance of the permit; and, if it is demonstrated that the project is being carried out
with reasonable diligence in the opinion of the Development Authority, the permit
validity may be considered for up to 48 months. Reasonable diligence may include
demonstrating to the satisfaction of the Development Authority the securing of finances
related to the project, detailed engineering and site design work being undertaken,
applications made to the AUC, system access approvals from the AESO, etc.
9.26
Renewable Energy - Other and Alternative Facility Development Projects
9.26.1. In all land use districts, alternative or renewable energy systems, excluding solar and
wind, for private onsite use, which meet the development regulations in the specific
land use district are exempt from requiring a development permit.
9.26.2. All alternative or renewable energy facilities, such as but not limited to, geothermal,
micro-hydro, geo-exchange, anaerobic digesters, waste-to-energy, biodiesel, biofuel or
fuel cells, and nuclear energy, but does not include solar or wind, require a development
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permit. This section is specific and applicable to those facility development projects
whose primary intent and purpose is to process, sell and/or export energy (or any other
by-product of a particular process) off-site.
Requirements
9.26.3. A development permit application shall be accompanied by the following information:
a) an accurate site plan showing and labelling the proposed development and the
location of overhead utilities on or abutting the subject lot or parcel, and
identification of any sensitive, environmental or topographical features which may
be present on the parcel, including canals, streams, or water wells;
b) detailed information on the type of facility, structure, or system and the energy
process involved;
c) the manufacturers specifications indicating (if applicable):
i. the rated output
ii. safety features and sound characteristics;
d) any information regarding general public safety;
e) identification of any impacts to the local road system including required approaches
from public roads having regard for Clearwater County standards;
f)
information regarding setbacks from property lines and the proximity to structures
or uses on both the site and adjacent parcels of land;
g) information or verification of the proposed source of water if required for the type
of facility such as an ethanol plant;
h) a plan outlining how the site will be decommissioned and reclaimed if the use is
discontinued;
i)
identification of any impacts on agricultural land and adjacent agricultural land;
j)
any other information the development authority requires to assess the suitability of
the proposed development;
k) public participation plan.
9.26.4. Large commercial/industrial facilities may be required to submit studies identifying noise,
odour, and pollutant impacts and how these impacts will be addressed.
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Setbacks
9.26.5. The buildings or structures of all alternative/renewable energy projects shall comply
with all property line and public roadway setbacks as established in the district in which
it is located.
9.26.6. In addition to the requirements in clause 9.26.5 above, structures or facilities related to
anaerobic digesters, biodiesel, or biofuel developments shall not be located within:
a)
250 metres (820 feet) of any neighbouring residential dwelling or public use
facility or building; and,
b)
120 metres (394 feet) of the boundary or right-of-way of a nearby irrigation
district canal, creek, stream, river, lake shore, or waterbody.
9.26.7. The parts of the project related to the transmission lines and associated structures and
to the roads, culverts, etc. associated with the facility may be allowed within 30.48
metres (100 feet) of a water body.
9.26.8. The Development Authority may require a larger setback than required in the applicable
land use district having regard for the location of the development, adjacent land uses
and natural, scenic, or ecologically features of the landscape.
Referrals
9.26.9. Prior to making a decision on a development application for an alternative or renewable
energy facility project, the Development Authority may refer and consider the input of
the following agencies and departments:
a)
Transport Canada;
b)
Alberta Transportation & Economic Corridors (within prescribed distances to
provincial roadways);
c)
any other federal or provincial agencies or departments deemed necessary; and,
d)
any adjacent properties and landowners within a 1.6 kilometre (1 mile) radius of
the subject property.
Development Standards
9.26.10. Depending on the type of alternative or renewable energy facility project proposed, the
Development Authority may require that the applicant comply with any or all of the
following standards or requirements:
a) all surface drainage must be contained on site and any adjacent water bodies
must be adequately protected from run-off;
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b) the applicant is responsible for preparing at their own expense an engineered
surface drainage management plan and submitting an application for approval
to Alberta Environment, if applicable as well as providing the information to the
County;
c) any biodiesel waste or water contaminated with biodiesel, is prohibited to be
discharged directly into any sewers or surface waters;
d) all feedstock and materials are to be stored and contained within buildings, and
no outside storage is permitted;
e) that the semi-truck traffic used for the hauling and shipment of raw material or
feedstock and finished/processed goods associated within the development
shall be limited to a designated truck haul route as agreed to or specified by
Clearwater County;
f)
the preferred location of alternative or renewable energy facility developments
is on parcels designated for Direct Control land use and located in proximity to
highways or railway corridors. The Development Authority may require a parcel
redesignation to the applicable industrial land use district be approved prior to
accepting a development application;
g) the applicant is responsible to apply for any Alberta Environment, AUC, AER, or
other applicable provincial approvals or permits that may be required and must
provide the municipality with a copy to be kept on file;
h) all energy transmission lines on the site of the energy generating facility to the
substation or grid shall be underground unless otherwise approved by the
Development Authority; and,
i)
the Development Authority may apply to any energy generating facility any
other standards that are provided for in the Land Use Bylaw, including:
i.
a condition to enter into a road use agreement with the County to address
road maintenance and repairs that may arise from development;
ii.
a condition to post a security deposit with the County; and,
iii.
a condition to allow the developer to register the approved project in
phases.
9.26.11. The Development Authority may stipulate any or all of Policy 9.26.10 through 5.4.15
criteria listed above to be addressed by the applicant as a condition of a Development
Permit application approval.
9.26.12. Any license, permit, approval, or other authorization granted by the AUC or AER shall
prevail over any Land Use Bylaw requirements or Development Permit decisions or
conditions if there is perceived conflict.
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9.27
Restricted Substance Retail & Cannabis Production Facilities
9.27.1. All development applications for Restricted Substance Retail related to the sale of
alcohol or cannabis shall meet the regulations of the Gaming, Liquor and Cannabis Act.
9.27.2. Stores that are licensed for cannabis retail sales shall not be carried out in conjunction
with, or accessory, to any other use. A store licensed for cannabis retail (classified under
the Restricted Substance Retail definition this Bylaw) may not have any part of an
exterior wall within 100.0 m of:
a)
An approved hospital, as defined in the Hospitals Act, or a boundary of the lot of
land on which the facility is located;
b)
A building containing a school, as defined in the School Act, or a boundary of a
lot of land on which the building is located; or,
c)
A boundary of a lot of land that is designated as school reserve or municipal and
school reserve under the MGA.
9.27.3. A Cannabis Production Facility shall be the principal use of a site upon which it is located,
and no outdoor storage of goods, materials or supplies shall be permitted, and all
loading, operating, garbage, waste and recycling facilities shall be contained within the
Cannabis Production Facility.
9.27.4. All necessary approvals shall be obtained by the Applicant from Health Canada for a
Cannabis Production Facility, and the required federal licensing shall be provided with a
proof provided to the County prior to commencing development.
9.27.5. A fire safety/emergency response plan must be submitted as a condition of
Development Permit approval to the satisfaction of the Fire Chief.
9.27.6. A Cannabis Production Facility shall not be located within 150m (492.1ft.) of a parcel
used for a School (Educational Facility), Child Care Facility or residential dwelling and this
distance shall be measured from the boundary of the proposed development area to
the property line of the above noted uses.
9.27.7. A detailed description of the facility, including the proposed structures, types of
production/cultivation, distribution and shipping methods and routes that will take
place shall be completed to the satisfaction of the Development Authority.
9.27.8. A Cannabis Production Facility shall not produce any off-site nuisances including but not
limited to odour, dust and noise.
9.28
Sea-Cans (C-Can)
9.28.1. Sea-Cans shall not be attached in any way to a principal building.
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9.28.2. Sea-Cans shall not be stacked except where approved as part of a Development Permit
application in an industrial land use district.
9.28.3. Any sign attached to and/or painted on a Sea-Can requires a Development Permit as per
the signage regulations of this Bylaw.
9.28.4. Sea-Cans may only be allowed when listed as a use in that district and providing that:
a)
they are not located in a front yard or exterior side yard;
b)
they are not stacked except in accordance with 9.28.2; and,
c)
must follow National Building Code requirements including ventilation.
9.28.5. In all districts except agricultural, Sea-Cans shall be painted and/or visually screened
from public roads and adjacent properties in a manner which satisfies the Development
Authority. This may include additional screening and landscape buffering requirements
outlined through a Development Permit approval.
9.28.6. Sea-Cans may be temporarily placed on a site in any district:
a)
during active construction on a site when the shipping container is solely for the
storage of supplies and equipment that are used for the site, provided that a
valid building permit has been issued for the construction. The shipping
container must be removed from the site upon completion of construction; or,
b)
for the purposes of loading and unloading of items associated with the principal
use for a period of not more than 16 days in any 6-month period.
9.28.7. When placed on a site temporarily pursuant to this section, the Sea-Can shall be located
so as to not create a safety hazard, not be located within 1.2m of a property boundary
and be located in the rear yard where possible.
9.28.8. When Sea-Cans are utilized to construct a principal building or accessory building, they
must comply with all building regulations and be sited accordingly. In instances where
they form part of a principal building or use, they are classified as that use and not as a
Sea-Can.
9.28.9. Utilization of Sea-Cans for residential purpose must be in compliance with building code
regulations. When utilized as a dwelling unit, they are classified as that specific use type
and are possible in districts where Sea-Cans are not listed as a use.
9.28.10. Sea-Cans located within the Agricultural District are exempt from Development Permit
requirements.
9.28.11. When located in a Community Amenity (CA) land use district or Recreation land use
district, a Sea-Can must be finished to complement the color of the principal building.
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9.28.12. The maximum number of sea-can permitted within the following designations are:
a) Agricultural - unlimited
b) CR - 1 Permitted, additional require Discretionary Development Permit
c) CRA - 1 Permitted, additional require Discretionary Development Permit
d) HR - 1 Discretionary
e) LR - 1 Discretionary
9.29
Site Alterations (Stripping & Grading) & Topsoil Removal
9.29.1. Site alteration activities, generally including stripping, filling, excavating and grading
activities, are deemed to be exempt from the requirement for formal Development
Permit applications when they are tied to the development of a site that has required
building permit and/or Development Permit approvals.
9.29.2. A Development Permit is required before the commencement or continuation of the
removal and relocation of topsoil from the property, and such permits shall only be
granted where it is shown to the satisfaction of the Development Officer that the land
will not be adversely affected by the removal of the topsoil. The Development Officer
may refer any application for removal of topsoil from the property to the Agricultural
Services Board and/or the Soil Conservation Officer acting under the Soil Conservation
Act for comments.
9.29.3. Contouring farmland for agricultural operation purposes does not require development
approval.
9.30
Short Term Rentals
9.30.1. All Development Permits for short term rentals will be approved as a temporary permit
for a maximum of 1 year.
9.30.2. After three successful one-year renewals of a temporary development permit, the
temporary permit may be granted for up to 5 years.
9.30.3. All Short Term rental development permits are not transferable to a new owner. If
ownership changes on title for a parcel with an approved Short Term rental
development permit, the new owner must apply for a new development permit.
9.30.4. All Short Term rentals must be in compliance with the Short Term Rental Bylaw.
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9.31
Subdivision Near Water
9.31.1. Where a parcel of land that is the subject of a Subdivision application borders on or
contains a river or stream, the minimum setback of any property line of a parcel of land
being created for private ownership:
a)
shall be no less than 30 metres (100 feet) for land along the North Saskatchewan
River, Clearwater River, Red Deer River and James River;
b)
shall be no less than 20 metres (66 feet) for land along all other named rivers
and streams;
c)
shall be no less than 6 metres (20 feet) for land along unnamed rivers and
streams claimed by the Province; but,
d)
notwithstanding subsections (a), (b) and (c), Clearwater County may increase
the setback depending on site conditions, including but not limited to slope and
environmental sensitivity.
9.31.2. Where a parcel of land that is the subject of a Subdivision application borders on or
contains a lake, a permanent wetland, or both, the minimum setback of any property
line of a parcel of land being created for private ownership shall no less than 10 metres
(33 feet) from the bank of the lake and/or the permanent wetland. Clearwater County
may increase the setback depending on site conditions, including but not limited to slope
and environmental sensitivity.
9.32
Telecommunications Tower (Antenna System)
9.32.1. The placement of telecommunications (also known as communications) towers and
equipment are federally regulated and are therefore exempt from the land use control
and development regulations of this Bylaw. Clearwater County will review
telecommunication tower submissions and, depending on the nature of the proposal, a
letter of support (concurrence) or non-support (non-concurrence) will be sent to the
wireless service provider and/or Applicant. Proponents are encouraged to conduct a
pre-submission consultation with Clearwater County's Planning Department and refer
to the Clearwater County Telecommunication Antenna System Siting Policy for further
details.
9.33
Backyard Beehive in Hamlets and Multi-Lot Subdivisions
9.33.1. A maximum of 1 backyard beehive, containing no more than 4 stacked supers, a super
being defined as a complete beehive box which holds beehive frames used for storing
brood or storing honey.
9.33.2. The beehive must be located in the rear yard of a lot.
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9.33.3. The entrance to a backyard beehive must be directed away from adjacent residential
properties.
9.33.4. All bees must be kept in accordance with the Bee Act.
9.33.5. No bee keeping shall be allowed within multi-lot subdivisions west of Range 9 or within
the Hamlet of Nordegg.
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PART 10: PARKING AND SIGNAGE REGULATIONS
10.1
Off-Street Parking and Loading Requirements
10.1.1. Unless otherwise provided for in this Bylaw, the minimum number of off-street parking
spaces that shall be provided is as follows with areas based on Gross Floor Area of
buildings associated with the use and rounded to the largest number:
Use
Required Parking Stalls
Residential Uses
Dwelling - Duplex
Dwelling - Single-Detached
Dwelling - Manufactured
Dwelling - Relocated
2 per dwelling unit
Dwelling - Leisure Residence
Dwelling - Security / Surveillance
Dwelling - Secondary Suite
1 per dwelling unit
Dwelling - Multi-Unit
Dwelling - Mixed Use
1 per dwelling unit
Dwelling - Staff Housing
Dwelling - Guest House / Room
1 per guest room
Manufactured Home Park
2 per dwelling unit and 1 visitor space per 7
dwelling units
All other residential-related uses
At the discretion of the Development
Authority
Lodging / Vacation Uses
Campground - Minor
Campground - Major
1 space per campsite + 1 visitor space per five
campsites
Dwelling - Bed and Breakfast
1 per guest room
Hotel
Integrated Recreation / Tourist Resort
1 per hotel room + 5 additional staff spaces
Hostel
1 per guest room + 3 additional staff spaces
Short Term Rental
1 per guest room
Temporary Work Camp
At the discretion of the Development
Authority
All other related lodging/vacation uses
At the discretion of the Development
Authority
Commercial Uses
Commercial Uses
1 per 100m²
Where a drive-thru window or bay is
proposed:
Minimum 5 car stack-up space in drive-thru
Industrial Uses / Technological Uses
Industrial / Technological Uses
1 per 100m²
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Institutional / Educational Uses / Recreational
Institutional / Educational (with exception of
schools) / Recreational
1 per 100m²
Educational Services
Elementary School: 1.5 per classroom
Middle School: 2 per classroom
High School: 6 per classroom
Post-Secondary: 10 per classroom
Other: At the Discretion of the Development
Authority
*Combined Elementary / Middle Schools (i.e.
K-9 school) shall utilize the higher per
classroom number for the entire school
All other uses (if not listed)
At the discretion of the Development
Authority
10.1.2. Where a development or parcel of land contains more than one use, the required
number of stalls shall be the sum of the requirements for each of those land uses.
10.1.3. Where a use is not specified above, the number of spaces provided shall be the same as
the most similar use category as determined by the Development Officer.
10.1.4. Parking stall size shall be to the satisfaction of the Development Authority.
10.1.5. Loading spaces should be located on the rear or side of buildings.
10.1.6. On-site parking requirements for non-residential uses may be relaxed where in the
opinion of the Development Authority:
a)
sufficient on-street parking is available without causing congestion; or,
b)
sufficient parking is available in public parking lots; or,
c)
private parking can be shared because peak use times are different.
10.1.7. Parking spaces required as per Alberta Building Code for accessibility shall be identified
at the Development Permit stage.
10.1.8. Where parking and loading facilities for commercial or industrial uses abut residential
uses, the parking and loading facilities shall be screened through a landscaped buffer in
accordance with this Bylaw.
10.1.9. Any garbage facilities co-located with parking shall be located to allow collection vehicle
access and screened by fencing or landscaping in accordance with the Fencing &
Screening and Landscaping sections of this Bylaw.
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10.2
Signs
10.2.1. No signs or advertising structures of a commercial, direction or informative nature shall
be 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 except as permitted under Section 10.2.4.
10.2.2. An application for a Development Permit for a sign shall include the following
information at the discretion of the Development Officer;
a)
the name, address and signature of the person(s) or company responsible for
the sign;
b)
the name, address and signature of the person(s) or company that is the
landowner of the subject parcel upon which the sign is situated;
c)
a land title pulled from the Alberta Land Titles Office within thirty (30) days of
the subject application;
d)
a plan showing the following signage details:
i.
a rendering / illumination / drawing of the proposed sign to scale in metric
measurements;
ii.
the overall dimensions of the sign and total sign area;
iii.
the amount of projection from the face of the building, where applicable;
iv.
images of the subject building with the proposed sign;
v.
the type of construction and finish to be utilized;
vi.
the method of supporting or attaching the sign; and,
vii.
for freestanding signage, the setbacks of the sign from adjacent site
features, aerial power lines, property lines and on-site buildings.
10.2.3. For the purposes of this Bylaw, the following signage definitions shall apply as below.
Where a sign does not directly fit within a particular definition, the Development
Authority shall determine the closest category, at their sole discretion.
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Signage
Type
Definition
Specific Sign Regulations
Diagram
10.2.3.1
Sign (A-
Board)
means a temporary
sign which is set on
the ground, built on
2 similar pieces of
material and
attached at the top
by a hinge(s) so as to
be self-supporting
when the bottom
edges are separated
from each other and
designed and built
to be easily carried
by 1 person.
a) A-board signs must be
of a size not exceeding
0.6 m (2 ft) wide by 0.9
m (3 ft) high, and no
less than 0.3 m (1 ft)
wide by 0.6 m (2 ft)
high; and,
b) be of a painted finish
and maintained in a
neat and clean
condition.
10.2.3.2
Sign
(Awning)
means a sign
painted, stencilled or
attached on the
fabric surface of an
awning.
Awning signs must be
maintained in a neat and
clean condition within
minimal to no rips, tears
or other wear to the
awning.
10.2.3.3
Sign
(Banner)
means a temporary
sign that is made of
lightweight material
intended to be
secured to the flat
surface of a building
or structure, at the
top and the bottom
on all corners,
excluding official
flags and emblems.
a) banner signs must be
only utilized on a
temporary basis for a
period not exceeding
30 days; and,
b) be securely fastened to
a structure, fence or
other area in a
professional manner.
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10.2.3.4
Sign
(Billboard)
a sign, greater than
27.9m² (300.0ft²),
primarily self-
supporting and
permanently affixed
to the ground that
may or may not
contain advertising
related to the
development within
the parcel upon
which the billboard
sign is located.
a) a maximum of 1
Billboard sign is
allowed per parcel in
rural areas;
b) billboard signs are not
permitted in hamlets;
and,
c) there should be a
minimum distance of
100m (328.08 ft)
between billboard
signs.
10.2.3.5
Sign
(Construct
ion)
means a sign located
on a site where
construction is
planned, and which
contains general
information about
the intended
construction.
See Section 10.2.6 for
signage Development
Permit applications not
required.
10.2.3.6
Sign
(Direction
al and
Informatio
nal)
means a sign which
is limited to
providing direction,
guidance, distance,
or similar
information and
which may contain a
name or logo.
See Section 10.2.6 for
signage Development
Permit applications not
required when directional
and informational signs
are smaller than 0.37m²
(4.0 ft²).
10.2.3.7
Sign (Free-
Standing)
a sign which stands
independently of a
building that is
permanently
anchored to the
ground. The sign
advertises goods and
services which are at
the location on
which the sign is
located.
a) free-standing signs
shall not exceed a
maximum height of
8.0m (26.25 ft) when
measured from grade
to the tallest height of
the sign or project
above the principal
building on a parcel,
unless otherwise
outlined this Bylaw;
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b) not exceed 30.0m²
(322.91 ft²) in total
sign area;
c) not exceed more than
one free-standing sign
per lot; and,
d) have a minimum
distance of 40.0m
(131.23 ft) between
free-standing signs
within a multi-lot
development.
10.2.3.8
Sign
(Facade)
a sign placed flat and
parallel to the face
of a building so that
no part projects
more than 0.30m
(1.0ft) horizontally
from the exterior
wall of the building.
a) facade signs shall not
exceed more than 20%
of the total facade area
on the elevation of the
building or bay that
they are being
propose; and,
b) may be illuminated
provided that they are
proposed within a
commercial or
industrial district and
do not abut or face
onto a residential or
lodging development.
10.2.3.9
Sign
(Identifica
tion)
means a sign which
contains no
advertising, but is
limited to the name,
address, and/or
number of a
building, institution
or person, or the
activity carried out
by that person, or at
that location.
See Section 8.21.6 for
signage Development
Permit applications not
required when
identification signs do not
exceed 0.5m² (5.38 ft²)
and do not exceed one per
lot.
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10.2.3.10
Sign
(Menu
Board)
means a sign
associated with a
drive-thru food
services
establishment and is
used to display food
and beverages and
their associated
prices.
See Section 8.21.6 for
signage Development
Permit applications not
required for menu board
signs.
10.2.3.11
Sign
(Portable)
means a sign that is
mounted to a frame,
stand or similar that
is easily transported.
Portable signs shall not be
permitted within
Clearwater County except
where they meet the
criteria and definition of a
temporary sign, or they
are being utilized by the
County or other
governmental agency as
warning signs connected
with traffic speed or
safety.
10.2.3.12
Sign
(Projecting
)
means any sign that
is attached to a
building and projects
more than 0.4 m
from the face of the
building.
a) projecting signs shall
project not more than
2.0m (6.56 ft) from a
building facade;
b) have a minimum
clearance of 2.4m (7.87
ft);
c) not have any support
from the ground below
which it is hung;
d) not exceed 4.0m²
(43.06 ft²) in total sign
area; and,
e) not exceed 6.0m (19.69
ft) in total height and
must not project over
the height of the
building upon which it
is placed.
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10.2.3.13
Sign
(Temporar
y)
a sign other than a
portable sign which
is not permanently
attached to a
supporting structure
or building and is in
place for less than
thirty (30) days.
See Section 10.2.6 for
instances where signage
Development Permit
applications for temporary
signs are not required.
10.2.3.14
Sign
(Vehicle)
a sign mounted,
painted, placed on,
attached or affixed
to a trailer, freight
trailer, watercraft,
truck, automobile,
or other form of
motor vehicle, that
are not normally
used in the daily
activity of the
business and that is
visible from a road
as a means of
advertising.
Vehicle signs shall not be
permitted in the County.
10.2.3.15
Sign
(Window)
a sign painted on,
attached to or
installed on a
window intended to
be viewed from
outside the
premises.
See Section 10.2.6 for
Development Permits not
required for window
signage provided it does
not obscure more than
50% of a window face
10.2.4. Signs may be erected on land or affixed to the exterior surface of a building or structure
without a Development Permit as follows:
a)
A-board signs;
b)
identification signs for the purpose of identification, direction and warning not
exceeding 0.5 square metres (5.38 sq ft) and limited to one sign per lot;
c)
banner signs which are displayed for a period of time not exceeding 30 days
such as for grand openings of new businesses, temporary special events or other
temporary situations;
Page 115 of 228
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d)
construction signage during the extent of construction;
e)
maintenance of any lawful signs;
f)
sign relating to a person, partnership or company carrying on a profession,
business or trade, not exceeding 3.0 square metres (32.29 sq ft) and limited to
one sign per parcel;
g)
signs relating to an institution of a religious, educational, cultural, recreational
or similar character or to an apartment block, club or similar institution, not
exceeding 3.0 square metres (32.29 sq ft) and limited to one sign per parcel;
h)
directional and informational signs that do not exceed 0.37 square metres (4.0
sq ft) or less in area
i)
advertisements in relation to the function of local authorities, utility boards or
other public or quasi-public bodies;
j)
temporary signs relating to the sale or letting of land or property, the sale of
goods or livestock, the carrying out of construction or other works,
announcement of any local event, not exceeding 3.0 square metres (32.29 sq ft),
but in each instance such temporary advertisements shall be removed by the
advertiser within seven days of the completion of the event or work to which
the advertisements relate;
k)
election signs relating to a federal, provincial or municipal election or
referendum;
l)
signs advertising a Home Occupation - Minor or Home Occupation - Major that
do not exceed 0.56 square metres (6 sq ft) and located on the same parcel as
the subject business;
m)
one non-illuminated sign with a total copy area not exceeding 1.2 square metres
(12.92 sq ft) for each Home Occupation - Major or Dwelling - Bed and Breakfast
that has been issued a Development Permit;
n)
signs by a municipal, provincial or federal government or government agency;
o)
menu board signs provided they:
i.
are only be located on a parcel that is districted as commercial;
ii.
have a maximum sign area of 2 m² (21.5 ft²);
iii.
have a maximum sign height of 3 m (9.84 ft);
iv.
be limited to a maximum of two Menu Board Signs per business on a site.
v.
no such sign may be illuminated.
Page 116 of 228
Land Use Bylaw - 25/050 - September 9, 2025
p)
window signs that are painted or affixed to windows provided that they do not
obscure more than 50% of the subject window area;
q)
the alteration of any sign provided it does not change the overall size, shape or
type of the signage, but is changing lettering, for standard maintenance or
changing the content of the sign; and,
r)
A temporary sign in any land use district which does not exceed 18 square
metres (193.75 sq ft) which is intended for advertising a new development
under construction or a new development being proposed.
10.2.5. The following signs are prohibited within the County:
a)
portable signs that do not meet the definition of a temporary sign and are thus
intended to be of a permanent, long-term nature on a lot;
b)
signs that use audible sounds;
c)
illuminated signs within any residential, agricultural or recreational district;
d)
signs which express hatred, intolerance, ridicule of race or religion or include
nudity; and,
e)
signs or advertising structures of any kind within 100 metres (330 feet) of the
centre line of a primary highway unless the prior approval of Alberta
Transportation & Economic Corridors has been obtained.
10.2.6. Flashing, animated, floodlighted, video display, or internally illuminated signs shall not
be permitted where, in the opinion of the Development Officer, they may unduly affect
residents in nearby housing, interfere with the interpretation of traffic signs or controls
or unduly distract drivers.
10.2.7. The following table outlines whether each signage type is a permitted or Discretionary
Use within the subject generalized land use district types of this Bylaw, at the discretion
of the Development Officer and subject to all other signage regulations of this Bylaw.
This table does not apply to signage that does not require a Development Permit.
Page 117 of 228
Land Use Bylaw - 25/050 - September 9, 2025
P =
Permitted
D =
Discretion
ary
NA = Not
Allowed
District Type
Signage
Type
Residential /
Manufactured
Home Park
Districts
Commercial
/
Institutional
Districts
Industrial
Districts
Recreational
& Leisure
Districts
Agricultura
l / David
Thompson
Developm
ent Node /
Natural
Districts
Other
District
s
A-Board
Sign
P
P
P
P
P
P
Awning
Sign
NA
P
P
D
NA
D
Banner
Sign
P
P
P
P
P
P
Billboard
Sign
NA
D (Within
rural areas
only)
D (Within
rural
areas
only)
NA
D (Within
rural areas
only)
D
(Withi
n rural
areas
only)
Constructi
on Sign
P
P
P
P
P
P
Directiona
l and
Informati
onal Sign
P
P
P
P
P
P
Freestand
ing Sign
NA
D
D
D
D
D
Facade
Sign
NA
P
P
D
D
D
Identificat
ion Sign
P
P
P
P
P
P
Menu-
Board
Sign
NA
P
P
NA
NA
D
Portable
Sign
NA
NA
NA
NA
P
NA
Page 118 of 228
Land Use Bylaw - 25/050 - September 9, 2025
Projecting
Sign
NA
D
D
D
NA
D
Temporar
y Sign
D
D
D
D
D
D
Window
Sign
NA
P
P
D
NA
P
Page 119 of 228
Land Use Bylaw - 25/050 - September 9, 2025
PART 11: LAND USE DISTRICTS
11.1
Agricultural (A) District
Purpose and Intent
The purpose and intent of this District is to provide for a wide variety of agricultural operations.
Non-agricultural uses may be considered within this District provided they complement
agricultural uses and work to preserve the rural character of the County.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District and
Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Landscaping that does not impact drainage
Accessory Building: an accessory building not
exceeding 46.45 square metres (500 sq ft)
Personal Recreation Vehicle Storage
(maximum of 7)
Agricultural/Farm Building
Personal Use Agriculture & Keeping of
Animals (as per Animal Control Bylaw)
Agricultural Operation
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Construction Trailer
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Confined Feeding Operation
Stripping & Grading (as part of approved
development)
Day Home
Signs Exempt as Per Section 10.2
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Solar Collector < 30 kW: roof mount, wall
mount, or free-standing solar cells
Demolition (in accordance with Section 3.2)
Sea-Cans in accordance with regulations of
Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Page 120 of 228
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Dwelling - Manufactured located in an
industrial or construction camp as defined in
the Public Health Act Regulations - Industrial
and Construction Camps, when in compliance
with a previously approved Development
Permit
Temporary Use of Building for Emergency
Purposes or Election Purposes
Direct Market Sales
Temporary Work Camp (if part of previously
approved DP and/or Outline Plan)
Fences in compliance with Section 3.2
Temporary Living Accommodation in
Personal Recreation Vehicle (in accordance
with Section 9.20)
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
WECS-small
Grass Landing Strip (Personal Aircraft)
Permitted Uses
Discretionary Uses
Accessory Building
Abattoir
Agricultural Processing - Minor
Agri-Tourism Business
Dwelling - Secondary Suite
Agricultural Processing - Major
Dwelling - Manufactured
Agricultural Support Services
Dwelling - Relocated
Agriculture (Regulated)
Dwelling - Single Detached
Airport
Greenhouse - Public
Campground - Minor
Dwelling - Guest House / Room
Communal Settlement Development
Farm Subsidiary Business
Construction Camp
Home Occupation - Minor
Dwelling - Bed and Breakfast
Entertainment Venue
Equestrian Facility
Essential Public Service
Farmer's Market
Game Farm
Home Occupation - Major
Kennel
Livestock Sales Yard
Outdoor Storage
Public Utility
Recreation Facility - Minor
Recreational Vehicle Storage
Sawmill - Minor
Short Term Rental
Solar Collector > 30kW
Stripping & Grading
Page 121 of 228
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Temporary Work Camp
Tree Farm
Veterinary Clinic
WECS
Zoo
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Size
2.02 ha (5.0 ac)
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 15% of the
total lot coverage
Front Yard Setbacks
50.0 m (164 ft) from the centre-line of a
public road
15.0 m (49.2 ft) from the right-of-way of an
internal subdivision road
Side Yard Setbacks
15.0 m (49.2 ft) from an adjacent property
line
Rear Yard Setbacks
15.0 m (49.2 ft) from the rear property line
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors or 70.0m (229.66 ft),
whichever is greater, from the centre-line of
the highway right-of-way.
Maximum Building Height
At the discretion of the Development
Authority
Page 122 of 228
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11.2
Country Residential (CR) District
Purpose and Intent
The purpose and intent of this District is to provide for acreages and/or communally serviced
rural residential lot development with no agricultural operations taking place on the parcel.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Personal Recreation Vehicle Storage
(maximum of 4)
Accessory Building: not exceeding 23.2
square metres (250 sq ft);
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Construction Trailer
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Day Home
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Direct Market Sales
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Personal Use Agriculture & Keeping of
Animals (as per Animal Control Bylaw)
Temporary Living Accommodation in
Personal Recreation Vehicle (in accordance
with Section 9.20)
Landscaping that does not impact drainage
Page 123 of 228
Land Use Bylaw - 25/050 - September 9, 2025
Permitted Uses
Discretionary Uses
Accessory Building
Dwelling - Manufactured - Standalone Parcel Backyard Beehive
Dwelling - Relocated
Dwelling - Guest House / Room
Dwelling - Secondary Suite
Dwelling - Manufactured - Multi-Lot
Dwelling - Single Detached
Home Occupation - Major
Home Occupation - Minor
Home Sales Center
Solar Collector < 30kW: free-standing
Kennel
Sea-Can (one)
Sea-Can (additional beyond one)
Short Term Rental
Show Home
Solar Collector > 30kW
Stripping & Grading
WECS-small
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Parcel Size
A minimum of 0.91 ha (2.25ac) for unserviced
parcels and a maximum of 1.46 ha (3.60 ac)
A minimum of 0.50 ha (1.23 ac) and a
maximum of 1.21 ha (3.0 ac) for lots serviced
by a piped water system, but individual septic
systems.
A minimum of 0.2 ha (0.49 ac) for lots
serviced by a piped sewage system, but
individual water wells and a maximum of
1.21 ha (3.0 ac)
A minimum of 0.20 ha (0.50 ac) for fully
serviced parcels and maximum of 1.21 ha
(3.0 ac)
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 40% of the
total lot coverage
Front Yard Setbacks
50.0 m (164 ft) from the centre-line of a
public road
15.0 m (49.2 ft) from the right-of-way of an
internal subdivision road
Side Yard Setbacks
5.0 m (16.40 ft) from an adjacent property
line
Page 124 of 228
Land Use Bylaw - 25/050 - September 9, 2025
13.71 m (45 ft) for a North Nordegg
subdivision lot
15.0 m (49.2 ft) from the right-of-way of a
public road (corner lots)
7.5 m (24.6 ft) from the right-of-way of an
internal subdivision road (corner lots)
Rear Yard Setbacks
7.5 m (24.6 ft) from the rear property line
15.24 m (50 ft) for a North Nordegg
subdivision lot
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors or 70.0m (229.66 ft),
whichever is greater from the centre-line of
the highway right-of-way
Maximum Building Height
8.0 m (26.2 ft) for dwelling units
8.0 m (26.2 ft) for accessory buildings
Hamlet of Nordegg (for applications within the Hamlet of Nordegg)
c) See Part 12: Hamlet of Nordegg Lot and Building Design Regulations for additional
regulations that apply to lots with this designation within the Hamlet of Nordegg.
Page 125 of 228
Land Use Bylaw - 25/050 - September 9, 2025
11.3
Country Residential Agricultural (CRA) District
Purpose and Intent
The purpose and intent of this District is to provide for acreages and/or communally serviced
rural residential lot development with limited agricultural pursuits that do not negatively
impact adjacent residences.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Personal Recreation Vehicle Storage
(maximum of 4)
Accessory Building: not exceeding 23.2
square metres (250 sq ft);
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Construction Trailer
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Day Home
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Direct Market Sales
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Personal Use Agriculture & Keeping of
Animals (as per Animal Control Bylaw)
Temporary Living Accommodation in
Personal Recreation Vehicle (in accordance
with Section 9.20)
Landscaping that does not impact drainage
Page 126 of 228
Land Use Bylaw - 25/050 - September 9, 2025
Permitted Uses
Discretionary Uses
Accessory Building
Dwelling - Manufactured - Standalone Parcel Agricultural Operation
Dwelling - Relocated
Backyard Beehive
Dwelling - Secondary Suite
Dwelling - Guest House / Room
Dwelling - Single Detached
Dwelling - Manufactured - Multi-Lot
Home Occupation - Minor
Green House - Public
Solar Collector < 30kW: free-standing
Home Occupation - Major
Sea-Can (one)
Home Sales Center
Kennel
Sea-Can (additional beyond one)
Short Term Rental
Show Home
Solar Collector > 30kW
Stripping & Grading
Tradesperson's Business
WECS-small
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Parcel Size
A minimum of 1.41 ha (3.5 ac) and no greater
than 2.02 ha (5.0 ac) for an undeveloped site
and 2.83 ha (7.0 ac) for a developed site
unless part of an applicable statutory plan or
Outline Plan, in which case, the minimum
outlined in this plan would apply.
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 40% of the
total lot coverage
Front Yard Setbacks
50.0 m (164 ft) from the centre-line of a
public road
15 m (49.2 ft) from the right-of-way of an
internal subdivision road
Side Yard Setbacks
7.5 m (24.6 ft) from an adjacent property line
15.0 m (49.2 ft) from the right-of-way of a
public road or internal subdivision road
Rear Yard Setbacks
7.5 m (24.6 ft) from the rear property line
Page 127 of 228
Land Use Bylaw - 25/050 - September 9, 2025
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors or 70.0m (229.66 ft),
whichever is greater from the centre-line of
the highway right-of-way
Maximum Building Height
8.0 m (26.2 ft) for dwelling units
8.0 m (26.2 ft) for accessory buildings
Page 128 of 228
Land Use Bylaw - 25/050 - September 9, 2025
11.4
Hamlet Residential (HR) District
Purpose and Intent
The purpose and intent of this District is to accommodate a range of dwelling types within a
hamlet setting.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Personal Recreation Vehicle Storage
(maximum of 1)
Accessory Building: not exceeding 23.2
square metres (250 sq ft);
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Construction Trailer
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Day Home
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Direct Market Sales
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Personal Use Agriculture
Temporary Living Accommodation in
Personal Recreation Vehicle (in accordance
with Section 9.20)
Landscaping that does not impact drainage
Page 129 of 228
Land Use Bylaw - 25/050 - September 9, 2025
Permitted Uses
Discretionary Uses
Accessory Building
Dwelling - Secondary Suite
Backyard Beehive
Dwelling - Single Detached
Dwelling - Bed and Breakfast
Dwelling - Manufactured
Dwelling - Relocated
Home Occupation - Minor
Home Occupation - Major
Solar Collector < 30kW: free-standing
Home Sales Center
Kennel
Parks - Minor
Public Utility
Sea-Can
Short Term Rental
Show Home
Social Care Facility - Minor
Stripping & Grading
WECS-small
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Size (Dwelling - Single
Detached)
A minimum of 1,800.0 m² (19,375 sq ft) for
unserviced lots
A minimum of 1,400.0 m² (15,070 sq ft) for
lots serviced by a piped water, but not a
piped sewage system
A minimum of 929.0 m² (10,000.0 sq ft) for
lots serviced by a piped sewage system, but
not a piped water system
A minimum of 186.0m² (2002.0 sq ft) for fully
serviced lots
Maximum Lot Coverage (Dwelling - Single
Detached)
No buildings, structures or impervious
surfaces shall cover more than 55% of the
total lot coverage
Minimum Lot Width (Dwelling - Single
Detached)
10.0m (32.8 ft)
Front Yard Setbacks
7.5m (24.6ft)
Front Yard Setbacks - Manufactured Home
Lot
6.0m (19.7 ft)
Side Yard Setbacks
1.52m (4.99 ft)
Page 130 of 228
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3.0m (9.84 ft) for a side property line
abutting a public road right-of-way (corner
lots)
Side Yard Setbacks - Manufactured Home Lot 1.52m (4.99 ft) from an exterior property line
0.9m (2.95 ft) from an interior property line
Rear Yard Setbacks
6.0m (19.7 ft) from the rear property line
Rear Yard Setbacks - Manufactured Home
Lot
3.0m (9.84 ft)
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors
Maximum Building Height
8.0m (26.24 ft) for a dwelling unit
5.0m (16.4 ft) for an accessory building
Special Requirements
Kennels
c) Kennels in this district are only allowed for the boarding of cats.
Subdivision
d) All new subdivisions within hamlet boundaries will be required to connect to municipal
services, where available. If services are not currently available, a deferred services
agreement will be registered on title.
Hamlet of Nordegg (for applications within the Hamlet of Nordegg)
e) See Part 12: Hamlet of Nordegg Lot and Building Design Regulations for additional
regulations that apply to lots with this designation within the Hamlet of Nordegg.
Page 131 of 228
Land Use Bylaw - 25/050 - September 9, 2025
11.5
Hamlet Multiple-Dwelling (HMD) District
Purpose and Intent
The purpose and intent of this District is to accommodate a mix of medium and higher-density
housing options within hamlets.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Personal Recreation Vehicle Storage
(maximum of 1)
Accessory Building: not exceeding 23.2
square metres (250 sq ft);
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Construction Trailer
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Day Home
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Direct Market Sales
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Personal Use Agriculture
Temporary Living Accommodation in
Personal Recreation Vehicle (in accordance
with Section 9.20)
Landscaping that does not impact drainage
Page 132 of 228
Land Use Bylaw - 25/050 - September 9, 2025
Permitted Uses
Discretionary Uses
Accessory Building
Dwelling - Duplex
Dwelling - Bed and Breakfast
Dwelling - Secondary Suite
Dwelling - Boarding House
Home Occupation - Minor
Dwelling - Mixed-Use
Solar Collector < 30kW: free-standing
Dwelling - Relocated
Dwelling - Multi-Unit
Home Occupation - Major
Home Sales Center
Parks - Minor
Public Utility
Sea-Can
Short Term Rental
Show Home
Stripping & Grading
WECS-small
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Size (Dwelling - Duplex)
230.0m² (2475.7 sq ft)
Minimum Parcel Size (All Other Uses)
At the Discretion of the Development
Authority
Maximum Lot Coverage (Dwelling - Duplex)
No buildings, structures or impervious
surfaces shall cover more than 65% of the
total lot coverage
Minimum Lot Width (Dwelling - Duplex)
7.5m (24.6 ft)
Maximum Lot Coverage (All Other Uses)
At the Discretion of the Development
Authority
Minimum Lot Width (All Other Uses)
At the Discretion of the Development
Authority
Front Yard Setbacks
7.5m (24.6ft)
Side Yard Setbacks
1.52m (4.99 ft)
3.0m (9.84 ft) for a side property line
abutting a public road right-of-way (corner
lots)
0.0m for duplex lots with a shared party wall
Rear Yard Setbacks
6.0m (19.7 ft) from the rear property line
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors
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Maximum Building Height
8.0m (26.24 ft) for a dwelling unit
5.0m (16.4 ft) for an accessory building
Special Requirements
Servicing
c) Any multi-residential housing options, including duplexes shall be required to be
connected to a piped system.
Subdivision
d) All new subdivisions within hamlet boundaries will be required to connect to municipal
services, where available. If services are not currently available, a deferred services
agreement will be registered on title.
Hamlet of Nordegg (for applications within the Hamlet of Nordegg)
e) See Part 12: Hamlet of Nordegg Lot and Building Design Regulations for additional
regulations that apply to lots with this designation within the Hamlet of Nordegg.
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11.6
Leisure Residence (LR) District
Purpose and Intent
The purpose and intent of this District is to provide locations for smaller lot, recreational
properties that are for both individual private landowners or resort-style developments
throughout the County.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Personal Recreation Vehicle Storage
(maximum of 1)
Accessory Building: not exceeding 23.2
square metres (250 sq ft);
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Construction Trailer
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Day Home
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Direct Market Sales
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Personal Use Agriculture
Temporary Living Accommodation in
Personal Recreation Vehicle (in accordance
with Section 9.20)
Landscaping that does not impact drainage
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Permitted Uses
Discretionary Uses
Accessory Building
Dwelling - Guest House / Room
Agricultural Operation
Dwelling - Leisure Residence
Cultural Facilities
Dwelling - Single Detached
Integrated Recreation / Tourist Resort
Home Occupation - Minor
Public Utility
Parks - Minor
Sea-Can
Solar Collector < 30kW: free-standing
Short Term Rental
Solar Collector > 30kW
Stripping & Grading
WECS-small
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Sizes (Rural)
0.5 ha (1.24 ac)
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 45% of the
total lot coverage
Front Yard Setbacks
50.0m (164 ft) from the right-of-way of a
public road
15.0m (49.2 ft) from the right-of-way of an
internal subdivision road
Side Yard Setbacks
3.0m (9.84 ft) from an adjacent property line
1.5 m (4.92 ft) for a shoreland leisure
residence subdivision
12.19 m (40 ft) for a Nordegg leisure
residence subdivision
Rear Yard Setbacks
7.5 m (24.6 ft) from the rear property line
15.24 m (50 ft) for Nordegg leisure residence
subdivision
Shoreline Setbacks
Minimum 7.5m (24.6 ft) from the shoreline
or the distance outlined in a higher-level
policy plan such as an ASP, whichever is
greater
An accessory building that services the
purpose of a boat house shall be located no
closer than 6.0 metres (19.69 feet) from the
boundary of the parcel which is parallel with or
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is closest to the bank, unless otherwise
approved by the Approving Authority.
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors
Maximum Building Height
9 m (29.52 ft) for a Dwelling - Leisure
Residence
5.0 m (16.4 ft) for an accessory building
All other uses maximum height is at the
discretion of the Development Authority
Special Requirements
Architectural, Building Design Considerations, Sea-Cans and Accessory Buildings
c) Architecture, construction materials and building design shall complement t he natural
landscapes of the site. This should include incorporating stone, timber/wood and
natural colours into the overall building design.
d) Communal water and septic distribution systems are required for developments that have
multiple leisure residences or multiple accommodations within one parcel.
e) Sea-cans must meet the Sea-Can specific use regulations of the Bylaw, and Development
Permit application submissions within this district should incorporate:
a. Elevation drawings;
b. Colours and finishings;
c. Photos of the submission.
Hamlet of Nordegg (for applications within the Hamlet of Nordegg)
f) See Part 12: Hamlet of Nordegg Lot and Building Design Regulations for additional
regulations that apply to lots with this designation within the Hamlet of Nordegg.
g) Septic fields are generally discouraged; however, they may be allowed in parts of Nordegg
at the discretion of the Development Authority. Must truck in / truck out.
h) No new water wells are permitted within the Hamlet of Nordegg.
i) Basements are not allowed to be included in the construction of new developments in
this district.
j)
Sea-cans should not take away from the aesthetics of the area and be completed in a
professional and attractive manner to the satisfaction of the Development Authority
that preserves the historic integrity and design quality of Nordegg.
k) Accessory buildings cannot be located within the building envelope area (fire defensible
space).
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11.7
Manufactured Home Park (MHP) District
Purpose and Intent
The purpose and intent of this District is to allow for planned manufactured home park
developments.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Accessory Building: not exceeding 23.2
square metres (250 sq ft);
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction Trailer
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Personal Recreation Vehicles in Accordance
with Section 9.20
Day Home
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Dugouts, fishponds, driveways
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dwelling - Manufactured located in an
approved manufactured home park in the
Manufactured Home Park District "MHP",
when in compliance with a previously
approved Development Permit and/or
Outline Plan
Telecommunications Tower
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Direct Market Sales
Temporary Use of Building for Emergency
Purposes or Election Purposes
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Personal Use Agriculture
Landscaping that does not impact drainage
Personal Recreation Vehicle Storage
(maximum of 1)
Permitted Uses
Discretionary Uses
One Accessory Building
Cultural Facilities
Dwelling - Manufactured (unless it meets
exempt requirements)
Public Utility
Dwelling - Security / Surveillance
Sea-Can
Home Occupation - Minor
Stripping & Grading
Manufactured Home Park
WECS-small
Parks - Minor
Public Utility
Solar Collector < 30kW: free-standing
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Sizes
2.0 ha (4.94 ac) for a park development (not
individual sites)
Minimum Lot Frontage
40.0 m (131.23 ft)
Minimum Lot Depth
100.0 m (328.08 sq. ft)
Front Yard Setbacks
7.5 m (24.6 ft) from internal manufactured
home park roadways to the edge of a
Dwelling-Manufactured
50 m (164 ft) from any structures within the
manufactured home park to the centre-line
of a public road right-of-way
Side Yard Setbacks
Minimum 3.0 m (9.84 ft) from the side
property lines of the overall Manufactured
Home Park to any structures
Minimum 5 .0 m (16.4 ft) between the edge
of adjacent Dwelling - Manufactured homes
within the site.
Rear Yard Setbacks
Minimum 3 m (9.8 ft) for all structures from
the overall property line of a Manufactured
Home Park
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Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 40% of the
total lot coverage
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors
Maximum Height
6.0 m (19.7 ft) for an accessory building
All other uses, the maximum height is at the
discretion of the Development Authority
Density
15 Manufactured Homes per hectare
Special Regulations
Architectural & Building Design Considerations
c) Overall, a Manufactured Home Park shall have a similar, uniform architectural style and
colour palette.
d) Outdoor lighting shall be completed in uniformity and consistent across a Manufactured
Home Park
Common Spaces
e) A minimum of 10% of the gross area of a Manufactured Home Park must be outlined on a
site plan as common area for the recreational and social use of residents. This should
incorporate such as features, including but not limited to playgrounds, picnic shelters,
community BBQ's and other common amenity features.
Landscaping, Fencing and Screening
f) A Manufactured Home Park shall be enclosed with a fence for security purposes and also
incorporate landscaping to benefit the residents and create an aesthetically-pleasing
development that fits into the overall County.
g) A system of walkways shall connect all key amenities and dwellings within a
Manufactured Home Park and also create a walkable environment for residents.
h) A landscape plan prepared by a Qualified Consultant shall be required with a
Manufactured Home Park development.
Servicing
i) Manufactured Home Parks shall be fully serviced with piped water and wastewater
systems.
j) All utility lines shall be placed underground except when outlined in a Development
Agreement.
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Siting and Overall Integration with Existing Urban Areas
k) All new Manufactured Home Parks and consideration of this land use designation shall be
adjacent to a hamlet or extension of an urban municipality.
l) There should be a maximum of six (6) manufactured homes per acre within a
manufactured home park.
CSA Z277 Requirements
m) CSA Z277 Building Code requirements shall apply as a minimum to all manufactured
homes located within this district.
Existing Manufactured Home Parks
n) See Development Permits Not Required section of this Bylaw 3.2.1(t) and Exempt Uses
section of this District for no Development Permit requirements for new Dwelling -
Manufactured in existing approved Manufactured Home Park Districts.
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11.8
Nordegg Urban Residential (NUR) District
Purpose and Intent
The purpose of this District is to accommodate and regulate the development of a mix of low-
density residential uses and small-scale resort accommodations in buildings that resemble a
single-detached dwelling in the historic town centre of Nordegg.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Personal Recreation vehicle Storage
(maximum of 1)
Accessory Building: not exceeding 23.2
square metres (250 sq ft);
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Construction Trailer
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Day Home
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Direct Market Sales
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Personal Use Agriculture (that aligns with
Part 12)
Temporary Living Accommodation in
Personal Recreation Vehicle (in accordance
with Section 9.20)
Landscaping that does not impact drainage
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Permitted Uses
Discretionary Uses
One Accessory Building 18.6m² and under
Additional Accessory Building(s)
One Accessory Building over 18.6m²
Dwelling - Bed and Breakfast
Dwelling - Single Detached
Dwelling - Multi-Unit
Dwelling - Duplex
Dwelling - Guest House / Room
Home Occupation - Minor
Dwelling - Secondary Suite
Solar Collector < 30kW: free standing
Home Occupation - Major
Parks - Minor
Stripping & Grading
Short Term Rental
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Front Yard Setbacks
A minimum of 5.0 metres (16.4 feet) and
maximum of 6.0 metres (19.7 feet) for any
dwelling-related use (not including Dwelling-
Guest House / Room)
Side Yard Setbacks - Dwellings and Garage
with Loft
From a side property line on an internal lot,
the setback shall be a minimum of 1.2 metres
(3.93 feet)
Side Yard Setbacks - Accessory Buildings and
Garage with no Loft
A minimum of 0.6 metres (1.96 feet)
Side Yard Setbacks - All Structures
in the case of a corner lot, the side yard
adjacent to a public road shall be a minimum
of 3.0 metres (9.8 feet)
Rear Yard Setbacks - Dwellings - Laned Lot
A minimum of 13.0 metres (42.6 feet)
Rear Yard Setbacks - Dwellings - No Lane Lot
A minimum of 6.0 metres (19.7 feet)
Rear Yard Setbacks - Dwelling - Guest House
/ Room and Accessory Buildings (including
garages)
A minimum of 6.0 metres (19.7 feet)
Minimum Lot Size (Laned Lots)
550m² (5, 920 sq ft)
Minimum Lot Size (No Lane Access)
330m² (3, 552 sq ft)
Minimum Total Floor Area (Dwellings)
75m² (807 ft²), unless otherwise approved by
the Development Authority
Maximum Total Floor Area (Accessory
Buildings not including a Garage)
18.6 square metres (200 sq ft);
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 50% of the
total lot coverage
Building Heights
Dwellings shall be a minimum of one-storey,
with a maximum of 2.5 storeys with the
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exception of dwellings on corner lots being
less than 2 storeys.
Minimum and maximum building heights
shall be measured in number of storeys. Each
storey shall not exceed 2.75m (9.0 ft)
measured from floor to ceiling.
Notwithstanding the above, the maximum
overall height of a dwelling shall not exceed
9.5m (31 ft) from the lots average grade
elevation.
Accessory buildings shall be 2 storeys or less
Covered walkways between garages and
dwellings shall not exceed the height of the
garage.
Special Requirements
Permitted Encroachments
c) Porches are required in the front of a dwelling and shall not extend more than 2.4 metres
(7.9 feet) into the front yard setback.
d) Balconies, stoops, bay windows, covered walkways, stairs, handicapped ramps, and
window wells are allowed:
i.
a maximum of 2.4 metres (7.9 feet) from the front of a dwelling; and,
ii.
on a corner lot, a maximum of 2.0 metres (6.6 feet) from the side of a dwelling.
e) Landmark lighting, benches and trees shall be located within 3.5 metres (11.4 feet) from a
boulevard.
Servicing Connections
f) Connection to municipal water and wastewater is required on each lot. No private water
wells are permitted. No private sewage treatment systems are permitted.
Dwelling - Guest House / Room and Accessory Buildings
g) Unless otherwise approved by the Development Officer, only one Dwelling - Guest House
/ Room shall be located on a lot and shall be allowed only as a Discretionary Use. If
allowed by the Development Officer, the following shall be adhered to:
i.
a Dwelling - Guest House / Room shall not exceed 37.2 square metres (400 sq
ft) on the main floor and may contain a loft;
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ii.
a Dwelling - Guest House / Room and Accessory Buildings shall be located to
the rear of the dwelling; and,
iii.
a Dwelling - Guest House / Room and Accessory Building shall be located a
minimum of 3.05 metres (10 feet) from the rear wall of the dwelling;
Private Garages - Laned Lots
h) Unless otherwise approved by the Development Officer, a maximum of one private
garage shall be located on a lot. The following shall be adhered to:
i.
maximum floor area of 60 square metres (645.8 sq ft) or 60% of the footprint of the
dwelling, whichever is less;
ii.
garages and parking will be from the rear;
iii.
no side driveways or parking in front yards shall be allowed;
iv.
attached garages are considered part of the principal building and shall comply with
setback provisions of a single-family dwelling as stated above, except that:
a. attached garages shall be a minimum of 4.5 metres (14.7 feet) from the
front of the dwelling;
v.
a private garage may contain a secondary suite in a loft over the private
garage; and,
vi.
setback requirements for detached garages: shall be located a minimum of 6.0
metres (19.7 feet) from a dwelling;
Private Garages - No Lane Access Lots
i) A maximum of one private garage shall be located on a lot. The following requirements
shall be adhered to:
i.
attached garages are considered part of the principal building and shall comply with
setback provisions of a single-family dwelling as stated above, except that:
a. attached garages shall be a minimum of 4.5 metres (14.7 feet) from the front of
the dwelling;
b. maximum floor area of 60 square metres (645.8 sq ft) or 60% of the footprint of
the dwelling, whichever is less; and,
c. a private garage may contain a secondary suite in a loft over the private garage.
Other Requirements
j) See Part 12: Hamlet of Nordegg Lot and Building Design Regulations for additional
regulations that apply to lots with this designation within the Hamlet of Nordegg.
k) All multi-unit residential buildings must be designed to resemble a single-detached
dwelling in compliant with the Hamlet Architectural Guideline.
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11.9
Industrial (I) District
Purpose and Intent
The purpose and intent of this District is to provide for a range of industrial uses that fit within
the rural context as well as within hamlets.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Personal Recreation Vehicle Storage
(maximum of 1)
Accessory building not exceeding 46.45
square metres (500 sq ft)
Personal Use Agriculture
Agricultural Operation
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Construction Trailer
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Stripping & Grading (as part of approved
development)
Demolition (in accordance with Section 3.2)
Signs Exempt as Per Section 10.2
Direct Market Sales
Solar Collector < 30 kW: attached to a wall or
roof of a building
Dugouts, fishponds, driveways
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dwelling - Manufactured located in an
industrial or construction camp as defined in
the Public Health Act Regulations - Industrial
and Construction Camps, when in compliance
with a previously approved Development
Permit
Telecommunications Tower
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Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Landscaping that does not impact drainage
Permitted Uses
Discretionary Uses
Accessory Building
Agricultural Processing - Major
Agricultural Operation
Agriculture (Regulated)
Agricultural Processing - Minor
Alcohol Production
Agricultural Support Services
Alternative/Renewable Energy, Facility
Agricultural/Farm Building
Automotive Test Track
Automotive and Equipment Services
Cannabis Production Facility
Dwelling - Security / Surveillance
Casino
Farm Subsidiary Business
Composting Facility
Greenhouse - Public
Construction Camp
Industrial Training Service
Data Processing Centre
Industrial - Light
Dwelling - Staff Housing
Industrial - Medium
Eating and Drinking Establishment
Livestock Sales Yard
Essential Public Service
Office
Funeral Home
Recycling Depot
Industrial - Heavy
Retail - Minor
Micro-Brewery
Sawmill - Minor
Outdoor Storage
Sea-Can
Public Utility
Service Station
Recreation Facility - Major
Solar Collector < 30kW: free standing
Recreation Facility - Minor
Tradesperson's Business
Recreational Vehicle Storage
Warehouse Storage
Retail - Major
Salvage Yard
Sawmill - Major
Solar Collector > 30kW
Stripping & Grading
Temporary Work Camp
WECS-small
Veterinary Clinic
Warehouse Sales
WECS
Site Regulations
b) The following regulations shall apply to all approved development within this District:
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Minimum Parcel Size
0.4 ha (1.0 ac) for unserviced or partially
serviced parcels; and
0.2 ha (0.5 ac) for fully serviced parcels
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 80% of the
total lot coverage
Front Yard Setbacks
50 m (164 ft) from the centre-line of a public
road
15.0 m (49.2 ft) from the right-of-way of an
internal subdivision road or within a Hamlet
Side Yard Setbacks
3.0 m (9.8 ft) from an adjacent property line,
provided the adjacent use is industrial or
commercial uses in nature.
15.0 m (49.2 ft) from an adjacent property
line if the adjacent use is not an industrial or
commercial use.
15.0 m (49.2 ft) from the right-of-way of a
public road (corner lots)
10.0 m (32.8 ft) from the right-of-way of an
internal subdivision road (corner lots)
Rear Yard Setbacks
7.5 m (24.6 ft) from an adjacent rear
property line, provided the adjacent use is
industrial or commercial uses in nature.
15.0 m (49.2 ft) from an adjacent rear
property line if the adjacent use is not an
industrial or commercial use.
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors or 70.0m (230.0 ft),
whichever is greater
Maximum Building Height
For all other Permitted and Discretionary
Uses: Limited to such height as deemed
suitable and appropriate for the intended use
at the discretion of the Development
Authority
Special Requirements
Landscaping
c) Landscaping, screening, buffering and other site design elements related to the
landscape shall be completed in accordance with the Landscape section in the General
Use Regulations section of this Bylaw.
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Outdoor Storage
d) Outdoor Storage shall be fully screened and buffered within the site and concealed from
view from adjacent residential properties or roadways by landscaping, fencing or other
suitable screening. Screening shall be completed to the satisfaction of the Development
Authority.
Safety Requirements
e) Safety and risk assessment is an integral component and concern regarding industrial
Development Permits. The Development Authority may require an Applicant to retain a
Qualified Consultant to provide a concept plan inclusive of a risk assessment report on a
proposed development. Additional conditions relating to emergency response planning
and requirements for fire, rescue and ambulance care may also be required.
Hamlet of Nordegg (for applications within the Hamlet of Nordegg)
f) See Part 12: Hamlet of Nordegg Lot and Building Design Regulations for additional
regulations that apply to lots with this designation within the Hamlet of Nordegg.
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11.10 Hamlet Commercial & Mixed-Use (HCM) District
Purpose and Intent
The purpose and intent of this District is to accommodate a range of retail, residential,
restaurant, service, tourism and other diverse commercial and mixed-uses within the County's
Hamlets.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Accessory building not exceeding 23.2 square
metres (250 sq ft);
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction Trailer
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Direct Market Sales
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Landscaping that does not impact drainage
Temporary Living Accommodation in
Personal Recreation Vehicle (in accordance
with Section 9.20)
Personal Recreation Vehicle Storage
(maximum of 1)
Personal Use Agriculture
Page 150 of 228
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Permitted Uses
Discretionary Uses
Accessory Building
Alcohol Production
Agricultural/Farm Building
Artisan Studio / Shop
Child Care Facility
Automotive and Equipment Services
Church
Cannabis Lounge
Cultural Facilities
Dwelling - Bed and Breakfast
Eating and Drinking Establishment
Dwelling - Mixed-Use
Educational Services
Dwelling - Single Detached
Essential Public Service
Dwelling - Security / Surveillance
Financial Institution / Services
Entertainment and Event Venue
Greenhouse - Public
Farmer's Market
Health Care Services
Funeral Home
Home Occupation - Minor
Hostel
Office
Hotel
Parks - Minor
Industrial - Light
Personal Services
Micro-Brewery
Recreation Facility - Minor
Outfitters
Retail - Minor
Parks - Major
Solar Collector < 30kW: free-standing
Public Utility
Warehouse Storage
Recreation Facility - Major
Restricted Substance Retail
Retail - Major
Sea-Can
Service Station
Social Care Facility - Minor
Solar Collector > 30kW
Stripping & Grading
Tradesperson's Business
WECS-small
Veterinary Clinic
Warehouse Sales
Warehouse Storage
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Size
At the discretion of the Development
Authority
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 80% of the
total lot coverage
Page 151 of 228
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Front Yard Setbacks
As approved by the Development Officer.
Side Yard Setbacks
As approved by the Development Officer
when abutting an adjacent commercial use -
Must be in compliance with the Alberta
Building Code
3.0 m (9.84 ft) when abutting an adjacent
residential use (does not include mixed-use
buildings)
Rear Yard Setbacks
6.0 m (19.7 ft) from the rear property line
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors
Maximum Building Height
Maximum 12.0 m (39.3 ft)
Special Requirements
Consultation
c) When Alcohol Production, Artisan Studio / Shop, Industrial - Light or Tradesperson's
Business are proposed in this district, the Development Authority may require a public
open house or other form of consultation to solicit feedback from adjacent residences
and businesses. Furthermore, additional information on nuisance mitigation may be
required to the discretion of the Development Authority.
Dwellings
d) For proposed Dwelling - Mixed-Use, residential must be on the second floor or higher
with only commercial uses permissible on the main level. When commercial uses are
proposed within a residential area and with adjacent residential properties, it must
include public consultation and have no nuisance effects on adjacent parcels.
e) Dwelling - Single Detached shall only be considered within existing single-detached
dwellings built before the adoption of this Bylaw or within the Hamlet of Nordegg for
tourist-related uses.
Retail and/or Eating & Drinking Establishment and related Uses
f) Where appropriate at the discretion of the Development Authority, front patios, terraces
or other public spaces are encouraged in the front of these buildings, particularly along
main streets and other areas where these spaces would play a role in activating the
street.
Landscaping
g) Landscaping, screening, buffering and other site design elements related to the landscape
shall be completed in accordance with the Landscape section in the General Use
Regulations section of this Bylaw when Hamlet Commercial is directly abutting residential
uses.
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Parking and Loading
h) Unless there are extenuating circumstances as determined by the Development
Authority, parking and loading should be located in the rear of the building.
i) Where parking is adjoining a paved road, an equivalent treatment shall be required as a
condition of Development Permit approval.
Hamlet of Nordegg (for applications within the Hamlet of Nordegg)
j) See Part 12: Hamlet of Nordegg Lot and Building Design Regulations for additional
regulations that apply to lots with this designation within the Hamlet of Nordegg.
Page 153 of 228
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11.11 Highway Development (HD) District
Purpose and Intent
The purpose and intent of this District is to provide for uses that provide accommodations,
services or recreational opportunities for both travelers, visitors and residents along key
transportation routes such as provincial highways or other major roadways within the County.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Personal Use Agriculture
Accessory building not exceeding 23.2 square
metres (250 sq ft);
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Construction Trailer
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Stripping & Grading (as part of approved
development)
Demolition (in accordance with Section 3.2)
Signs Exempt as Per Section 10.2
Dugouts, fishponds, driveways
Solar Collector < 30 kW: attached to a wall or
roof of a building
Dwelling - Manufactured located in an
industrial or construction camp as defined in
the Public Health Act Regulations - Industrial
and Construction Camps, when in compliance
with a previously approved Development
Permit
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Direct Market Sales
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Landscaping that does not impact drainage
Page 154 of 228
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Permitted Uses
Discretionary Uses
Accessory Building
Agricultural Operation
Automotive and Equipment Services
Automotive test track
Campground - Minor
Campground - Major
Cultural Facilities
Casino
Eating and Drinking Establishment
Construction Camp
Greenhouse - Public
Dwelling - Security / Surveillance
Hotel
Essential Public Service
Industrial - Light
Kennel
Parks - Minor
Micro - Brewery
Retail - Minor
Outfitters
Service Station
Parks - Major
Solar Collector < 30kW
Powersports Sales/Service Center
Public Utility
Recreation Facility - Major
Recreational Vehicle Storage
Retail - Major
Sea-Can
Solar Collector > 30kW
Stripping & Grading
WECS-small
WECS
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Sizes
1.0 ha (2.47 ac)
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 60% of the
total lot coverage
Front Yard Setbacks (Rural)
70.0 m (230.0 ft) from the centre-line of a
highway or as approved by Transportation
and Economic Corridors
50.0 m (164 ft) from the centre-line of a
public road
15.0 m (49.2 ft) from the right-of-way of an
internal subdivision road
Front Yard Setbacks (Hamlet)
9.0m (29.5 ft) from the front property line
Side Yard Setbacks (Hamlet and Rural)
3.0m (9.84 ft) from the side property line
Rear Yard Setbacks (Hamlet and Rural)
6.0m (19.7 ft) from the rear property line
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Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors as well as the discretion
of the Development Authority in consultation
with this provincial department.
Maximum Building Height
6.0 m (19.7 ft) for an accessory building
All other uses maximum height is at the
discretion of the Development Authority
Special Regulations
Architectural & Building Design Considerations
c) Building facades that front onto the highway or major transportation route that a
development in this district is situated should be completed to a higher architectural
and design standard than the other facades. This should include incorporating a mix of
materials, glazing and differentiation of the building form and massing to create visual
interest and build on the County's sense of place and overall character.
Landscaping
d) Landscaping, screening, buffering and other site design elements related to the landscape
shall be completed in accordance with the Landscape section in the General Use
Regulations section of this Bylaw to ensure aesthetically-pleasing development that builds
on the overall image of the County occurs along the key transportation corridors this land
use designation should occur in.
Hamlet of Nordegg (for applications within the Hamlet of Nordegg)
e) See Part 12: Hamlet of Nordegg Lot and Building Design Regulations for additional
regulations that apply to lots with this designation within the Hamlet of Nordegg.
Page 156 of 228
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11.12 Nordegg Historic Core Commercial (NHC) District
Purpose and Intent
The purpose of this District is to establish a pedestrian-friendly town centre commercial area in
Nordegg that creates a strong sense of community and place for residents and visitors alike.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Accessory building not exceeding 23.2 square
metres (250 sq ft);
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Construction Trailer
Stripping & Grading (as part of approved
development)
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Signs Exempt as Per Section 10.2
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Demolition (in accordance with Section 3.2)
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Telecommunications Tower
Landscaping that does not impact drainage
Temporary Use of Building for Emergency
Purposes or Election Purposes
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Page 157 of 228
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Permitted Uses
Discretionary Uses
Church
Accessory Building
Dwelling - Bed and Breakfast second story
and above
Entertainment Venue
Dwelling - Mixed Use second story and
above
Educational Services
Eating and Drinking Establishment
Alcohol Production
Health Care Services
Dwelling - Bed and Breakfast at grade behind
front facing commercial use
Office
Dwelling - Mixed Use at grade behind front
facing commercial use
Personal Services
Outfitters
Retail - Minor
Micro-Brewery
Recreation Facility - Minor
Restricted Substance Retail
Solar Collector <30 kW: free-standing
Recreation Facility - Major
Hostel
Hotel
Retail - Major
Public Utility
Stripping & Grading
WECS-small
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Lot Area
280m² (3,013.8 sq ft)
No minimum lot size for Public Utility or
other public uses
Front Yard Setbacks
3.0m (9.84 ft)
Side Yard Setbacks
1.5m (4.92 ft)
Rear Yard Setbacks
3.0m (9.84 ft)
Attached Commercial Buildings
Setbacks at the discretion of the
Development Authority
Permitted Encroachments
0.0m for covered boardwalks adjacent to a
public street
0.0m for second and third floors above a
covered boardwalk
Building Heights
Hotels: 1 floor minimum and 3 floors
maximum
For all other uses: 1 floor minimum and 2.5
floors maximum
Page 158 of 228
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Parking
c) All residential parking shall be off-site and in accordance with the Downtown Core Plan,
as shown in the Nordegg Design Guidelines.
d) Residential off-site public parking spaces shall be constructed and maintained by the
County.
Design, Character and Appearance of Buildings
e) The Nordegg Historic Core Commercial District shall be developed in compliance with the
Nordegg Development Plan and Design Guidelines. The design, character, and appearance
of buildings will be approved by the Development Officer and/or an architect as
contracted by Clearwater County.
Other Requirements
f) Dwelling - Bed and Breakfast and Dwelling - Mixed Use can only have dwelling units
located on the second storey or higher.
g) See Part 12: Hamlet of Nordegg Lot and Building Design Regulations for additional
regulations that apply to lots with this designation within the Hamlet of Nordegg.
Page 159 of 228
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11.13 Community Amenity (CA) District
Purpose and Intent
The purpose and intent of this District is to accommodate a range of cultural, recreational,
institutional and public service type uses in both rural and hamlet areas of the County. This
District should build on the idea of creating a strong quality of life and ensuring strong
community social growth across the wide-ranging geography of the County. This District also
includes Municipal Reserve (MR) spaces that meet the requirements of the MGA.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Accessory building not exceeding 23.2 square
metres (250 sq ft);
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction Trailer
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Direct Market Sales
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Landscaping that does not impact drainage
Temporary Living Accommodation in
Personal Recreation Vehicle (in accordance
with Section 9.20)
Personal Use Agriculture
Page 160 of 228
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Permitted Uses
Discretionary Uses
Accessory Building
Campground - Major
Agricultural Operation
Campground - Minor
Community Hall
Cemetery
Cultural Facilities
Child Care Facility
Church
Dwelling - Single Detached
Dwelling - Security / Surveillance
Eating and Drinking Establishment
Parks - Minor
Educational Services
Passive Recreation
Essential Public Service
Recreation Facility- Minor
Health Care Services
Solar Collector < 30kW: free-standing
Parks - Major
Public or Quasi-Public Use
Public Utility
Recreation Facility - Major
Sea-Can
Social Care Facility - Minor
Solar Collector > 30kW
Stripping & Grading
WECS-small
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Size (Hamlets)
At the discretion of the Development
Authority
Minimum Parcel Size (Rural)
1.21 ha (3.0 ac)
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 65% of the
total lot coverage
Front Yard Setbacks (Hamlet)
6.0m (19.7 ft) or as approved by the
Development Officer
Side Yard Setbacks (Hamlet)
1.5m (4.99 ft)
3.0m (9.84 ft) for a side property line
abutting a public road right-of-way (corner
lots)
Rear Yard Setbacks (Hamlet)
7.5m (24.6 ft) from the rear property line
Front Yard Setbacks (Rural)
50.0m (164 ft) from the right-of-way of a
public road
15.0m (49.21 ft) from the right-of-way of an
internal subdivision road
Side Yard Setbacks (Rural)
7.5 m (24.6 ft) from an adjacent property line
Rear Yard Setbacks (Rural)
7.5m (24.6 ft) from the rear property line
Page 161 of 228
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Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors
Maximum Building Height
At the discretion of the Development
Authority
Special Requirements
Dwelling - Single Detached
c) A Dwelling - Single Detached shall only be approved in this district if it is accessory to
the principal use on the subject lot.
Landscaping Requirements
d) Landscaping, screening, buffering and other site design elements related to the landscape
shall be completed in accordance with the Landscape section in the General Use
Regulations section of this Bylaw when a community amenity use in this district directly
abuts a residential land use district.
Parking and Loading
e) Where parking is adjoining a paved road, an equivalent treatment may be required as a
condition of Development Permit approval.
Hamlet of Nordegg (for applications within the Hamlet of Nordegg)
f) See Part 12: Hamlet of Nordegg Lot and Building Design Regulations for additional
regulations that apply to lots with this designation within the Hamlet of Nordegg.
Page 162 of 228
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11.14 Recreation - Major (R-Ma) District
Purpose and Intent
The purpose and intent of this district is to accommodate major or intensive recreational uses
in the County.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Accessory building not exceeding 23.2 square
metres (250 sq ft);
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction Trailer
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Dugouts, fishponds, driveways
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Direct Market Sales
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Landscaping that does not impact drainage
Temporary Living Accommodation in
Personal Recreation Vehicle (in accordance
with Section 9.20)
Personal Use Agriculture
Page 163 of 228
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Permitted Uses
Discretionary Uses
Accessory Building
Campground - Major
Agricultural Operation
Educational Services
Campground - Minor
Equestrian Facility
Dwelling - Single-Detached
Essential Public Service
Dwelling - Guest House / Room
Golf Course
Dwelling - Security / Surveillance
Micro-Brewery
Eating and Drinking Establishment
Parks - Major
Entertainment and Event Venue
Public or Quasi-Public Use
Hotel
Public Utility
Integrated Recreation / Tourist Resort
Recreation Facility - Major
Outfitters
Retail - Minor
Parks - Minor
Solar Collector > 30kW
Personal Services
Stripping & Grading
Recreation Facility- Minor
WECS-small
Solar Collector < 30kW
Zoo
Sea Can
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Size (Hamlets)
At the discretion of the Development
Authority
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 50% of the
total lot coverage
Front Yard Setbacks (Hamlet)
6.0m (19.7 ft)
Side Yard Setbacks (Hamlet)
1.5m (4.99 ft)
3.0m (9.84 ft) for a side property line
abutting a municipal road right-of-way
(corner lots)
Rear Yard Setbacks (Hamlet)
6.0m (19.6 ft) from the rear property line
Minimum Parcel Sizes (Rural)
1.0 ha (2.47 ac)
Front Yard Setbacks (Rural)
50.0m (164 ft) from the right-of-way of a
public road
15.0m (49.2 ft) from the right-of-way of an
internal subdivision road
Side Yard Setbacks (Rural)
6.0m (19.7 ft) from an adjacent property line
Rear Yard Setbacks (Rural)
7.5 (24.6 ft) from the property line
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors
Page 164 of 228
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Maximum Building Height
Two stories in the Hamlet of Nordegg or at
the discretion of the Development Authority
Special Requirements
Consultation
c) Community consultation may be required at the discretion of the Development
Authority if a proposed development in this district will have a potential nuisance effect
on adjacent residences.
Hamlet of Nordegg (for applications within the Hamlet of Nordegg)
d) See Part 12: Hamlet of Nordegg Lot and Building Design Regulations for additional
regulations that apply to lots with this designation within the Hamlet of Nordegg.
Page 165 of 228
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11.15 Recreation - Minor (R-Mi) District
Purpose and Intent
The purpose and intent of this district is to accommodate a combination of tourist related
recreational activities and small-scale fixed roof resort accommodations.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Accessory building not exceeding 23.2 square
metres (250 sq ft);
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction Trailer
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Direct Market Sales
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Landscaping that does not impact drainage
Temporary Living Accommodation in
Personal Recreation Vehicle (in accordance
with Section 9.20)
Personal Use Agriculture
Page 166 of 228
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Permitted Uses
Discretionary Uses
Accessory Building
Artisan Studio/ Shop
Dwelling - Bed and Breakfast
Campground - Minor
Dwelling - Single-Detached
Educational Services
Dwelling - Security / Surveillance
Entertainment and Event Venue
Hostel
Essential Public Service
Hotel
Outfitters
Integrated Recreation/ Tourist Resort
Public Utility
Outdoor Recreation/Tourism Operations
Recreation Facility- Minor
Parks - Minor
Retail - Minor
Personal Services
Sea-Can
Solar Collector < 30kW: free-standing
Solar Collector > 30kW
Stripping & Grading
WECS-small
Zoo
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Size (Hamlets)
At the discretion of the Development
Authority
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 50% of the
total lot coverage
Front Yard Setbacks
22.86m (75 ft)
Side Yard Setbacks
15 m (49.2 ft)
Rear Yard Setbacks
15 m (49.2 ft) from the rear property line
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors
Maximum Building Height
Two stories or 9.14 m (30 ft) but accessory
buildings not more than 5 m (16 ft)
Special Requirements
Consultation
c) Community consultation may be required at the discretion of the Development Authority
if a proposed development in this district will have a potential nuisance effect on adjacent
residences.
Page 167 of 228
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Hamlet of Nordegg (for applications within the Hamlet of Nordegg)
d) See Part 12: Hamlet of Nordegg Lot and Building Design Regulations for additional
regulations that apply to lots with this designation within the Hamlet of Nordegg.
Specific to Nordegg Minor RF
e) Only one conventional residence shall be constructed on each lot, and such dwelling
shall be a single family residence ancillary to the permitted use, and subject to a
development permit.
Page 168 of 228
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11.16 Public Airport (PA) District
Purpose and Intent
The purpose and intent of this District is to provide for lands that allow for the safe movement,
storage and/or utilization of aircraft and all of the associated buildings and activities that come
with airport operations. This District also works to provide for uses that are compatible and
accessory to airport operations
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Personal Use Agriculture
Accessory building not exceeding 23.2 square
metres (250 sq ft);
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Agricultural Operation
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Airport and related uses that are exempt
from local bylaws and federally regulated
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Construction Trailer
Stripping & Grading (as part of approved
development)
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Signs Exempt as Per Section 10.2
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Demolition (in accordance with Section 3.2)
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Landscaping that does not impact drainage
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Permitted Uses
Discretionary Uses
Accessory Building
Agri-Tourism Business
Agricultural Processing - Minor
Agricultural Processing - Major
Agricultural / Farm Building
Agricultural Support Services
Airport
Agriculture (Regulated)
Direct Market Sales
Industrial Training Service
Dwelling - Airport Suite
Industrial - Medium
Dwelling - Security / Surveillance
Recreation Facility - Major
Industrial - Light
Stripping & Grading
Sea-Can
Warehouse Storage
Solar Collector < 30kW
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Sizes
1.0 ha (2.47 ac)
Maximum Lot Coverage
At the discretion of the Development
Authority
Minimum Lot Width
At the discretion of the Development
Authority
Minimum Lot Frontage
At the discretion of the Development Authority
Minimum Lot Depth
At the discretion of the Development Authority
Front Yard Setbacks
50 .0 m (164 ft) from the centre-line of a
public road
Side Yard Setbacks
10 m (32.8 ft) from an adjacent (exterior)
property line
50 .0 m (164 ft) from the right-of-way of a
public road
Rear Yard Setbacks
10 m (32.8 ft) from the rear property line
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors
Maximum Height
At the discretion of the Development
Authority
Special Regulations
c) The Development Authority may impose additional conditions or study considerations in
alignment with this Bylaw as well as any overarching plans that apply to lands designated
as this land use district.
d) Uses in this District shall be associated with airport or aircraft operations.
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11.17 David Thompson Development Nodes (DTN) District
Purpose and Intent
The purpose and intent of this District is to guide development within the following
Development Nodes:
- Saunders Alexo
- Shunda Goldeye
- Bighorn Canyon
- Whitegoat Lakes
Development shall be considered in alignment with the respective area structure plan (ASP)
and/or other planning frameworks in place for the specific area within the County.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Personal Use Agriculture
Accessory building not exceeding 23.2 square
metres (250 sq ft);
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction Trailer
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Dugouts, fishponds, driveways
Temporary Sea-Cans in accordance with
regulations of Section 9.28
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Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Telecommunications Tower
Landscaping that does not impact drainage
Temporary Use of Building for Emergency
Purposes or Election Purposes
Permitted Uses
Discretionary Uses
Accessory Building
Agri-Tourism Business
Dwelling - Staff Housing
Campground - Major
Natural Landscape
Campground - Minor
Parks - Minor
Cemetery
Passive Recreation
Cultural Facilities
Public Utility
Dwelling - Security / Surveillance
Solar Collector < 30kW: free-standing
Eating and Drinking Establishment
Educational Services
Essential Public Service
Hostel
Hotel
Integrated Recreation / Tourist Resort
Office
Parks - Major
Recreation Facility - Minor
Retail - Major
Retail - Minor
Sea-Can
Service Station
Stripping & Grading
Site Regulations
a) The following regulations shall apply to all approved development within this District:
Minimum Parcel Sizes
1.0 ha (2.47 ac)
Minimum Lot Width
At the discretion of the Development
Authority
Minimum Lot Frontage
At the discretion of the Development Authority
Minimum Lot Depth
At the discretion of the Development Authority
Front Yard Setbacks
50 .0 m (164 ft) from the right-of-way of a
public road
15 .0 m (49.2 ft) from the right-of-way of an
internal subdivision road
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Side Yard Setbacks
7.5 m (25 ft) from an adjacent property line
50 .0 m (164 ft) from the right-of-way of a
public road (corner lots)
Rear Yard Setbacks
7.5 m (24.6 ft) from the rear property line
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 50% of the
total lot coverage
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors
Maximum Height
Discretion of the Development Authority
Special Regulations
b) The Development Authority may impose additional conditions or study considerations in
alignment with this Bylaw as well as any overarching plans that apply to lands designated
as this land use district.
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11.18 Crown Land (CL) District
Purpose and Intent
The purpose and intent of this District is to provide for land use planning for crown lands in
alignment with the MGA and in alignment with the overall County vision and planning
objectives outlined in the Municipal Development Plan (MDP).
Exempt Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that does
not require a Development Permit if it meets
all the provisions of the Bylaw. For additional
guidance and other uses refer to Section 3.2:
Development Permits Not Required
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Accessory building not exceeding 23.2 square
metres (250 sq ft);
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction Trailer
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Construction and maintenance of that part of
a utility placed in or upon a public right-of-way
or public utility easement;
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Direct Market Sales
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Landscaping that does not impact drainage
Personal Use Agriculture
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Permitted Uses
Discretionary Uses
Accessory Building
Campground - Major
Agricultural Operation
Campground - Minor
Parks - Minor
Cultural Facilities
Passive Recreation
Data Processing Centre
Sawmill - Minor
Dwelling - Leisure Residence
Sawmill - Major
Educational Services
Solar Collector < 30kW: free-standing
Essential Public Service
Integrated Recreation / Tourist Resort
Office
Outfitters
Parks - Major
Recreation Facility - Major
Recreation Facility - Minor
Service Station
Stripping & Grading
Solar Collector >30 kW
WECS-small
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Sizes
At the discretion of the Development
Authority and/or Provincial requirements
Minimum Lot Width
Minimum Lot Frontage
Minimum Lot Depth
Front Yard Setbacks
Side Yard Setbacks
Rear Yard Setbacks
Maximum Lot Coverage
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors
Maximum Height
At the discretion of the Development
Authority and/or Provincial requirements
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11.19 Direct Control: Compassionate Care and Special Health Services (DC-CC) District
Purpose and Intent
The purpose of this District is to provide a site for compassionate care and special health care
services that exceed the typical services provided through Health Care Services uses. These
sites should be located in proximity to emergency services and the broader community; while
also respecting the potential impacts they may have on adjacent neighbourhoods and working
to appropriately integrate themselves into a community.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Accessory building not exceeding 23.2 square
metres (250 sq ft);
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Construction Trailer
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Stripping & Grading (as part of approved
development)
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Signs Exempt as Per Section 10.2
Demolition (in accordance with Section 3.2)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Dugouts, fishponds, driveways
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Telecommunications Tower
Landscaping that does not impact drainage
Temporary Use of Building for Emergency
Purposes or Election Purposes
Personal Use Agriculture
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Permitted Uses
Discretionary Uses
Accessory Building
Compassionate Care Facility
Health Care Services
Emergency Accommodations for the
Unhoused
Solar Collector < 30 kW: free standing
Public or Quasi-Public Use
Public Utility
Park - Minor
Sea-Can
Social Care Facility - Major
Stripping & Grading
WECS-small
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Size (Hamlets)
At the discretion of the Development
Authority
Minimum Parcel Size (Rural)
1.21 ha (3.0 ac)
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 65% of the
total lot coverage
Front Yard Setbacks (Hamlet)
6.0m (19.7 ft)
Side Yard Setbacks (Hamlet)
1.52m (4.99 ft)
3.0m (9.84 ft) for a side property line
abutting a public road right-of-way (corner
lots)
Rear Yard Setbacks (Hamlet)
6.0m (19.7 ft) from the rear property line
Front Yard Setbacks (Rural)
50 .0m (164 ft) from the centre-line of a
public road
15 .0m (49.2 ft) from the right-of-way of an
internal subdivision road
Side Yard Setbacks (Rural)
6.0m (19.7 ft) from an adjacent property line
15.0m (49.2 ft) from the right-of-way of a
public road (corner lots)
10.0m (32.8 ft) from the right-of-way of an
internal subdivision road (corner lots)
Rear Yard Setbacks (Rural)
6.0m (19.7 ft) from the rear property line
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors
Maximum Building Height
At the discretion of the Development
Authority
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Special Regulations
c) Mandatory public consultation, including but not limited to one (1) or more open houses,
mail-outs, newspaper advertisements and public notice postings may be required in
advance of Council consideration of a Development Permit within this DC district.
d) Prior to consideration of a Development Permit by Council in this district, a notice shall be
mailed to all landowners within a 200m radius of the subject property in a hamlet and a
1.6 km (1 mile) radius outside of a hamlet, at least two (2) weeks prior to the Council
date.
e) Future proposed developments permit applications for Compassionate Care Facilities or
for Emergency Accommodations for the Unhoused should be ideally located in a location
that is in close proximity to emergency services, including, but not limited to health,
police or fire services.
f) The following conditions may be implemented on a Development Permit in this land use
district in addition to those outlined in the general sections of this Bylaw including, but
not limited to:
i.
Emergency response planning;
ii.
Additional screening and landscaping above the requirements of the landscaping
section of this Bylaw; and,
iii.
Information and conditions on the term of stay for patients, maximum number of
patients at any given time, minimum number of employees, security systems and
other operational matters to ensure the Council can make a decision that the facility
will not pose a nuisance on the surrounding community.
iv.
Additional information may be required at the discretion of the Development
Authority and/or Council.
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11.20 Direct Control: Large-Scale Renewable Energy (DC-RE) District
Purpose and Intent
The purpose of this District is to provide for larger parcels that support the appropriate
development of alternative and renewable energy, including but not limited to wind turbines,
solar panels and other alternative energy systems.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Agricultural Operation
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Accessory building not exceeding 23.2 square
metres (250 sq ft);
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Construction Trailer
Stripping & Grading (as part of approved
development)
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Signs Exempt as Per Section 10.2
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Demolition (in accordance with Section 3.2)
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Landscaping that does not impact drainage
Personal Use Agriculture
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Permitted Uses
Discretionary Uses
Accessory Building
Alternative/Renewable Energy, Facility
Agricultural Operation
Solar Collection Facility
Solar Collector < 30 kW: free standing
Sea-Can
WECS-small
Public or Quasi-Public Use
Public Utility
Dwelling - Security/Surveillance
Stripping & Grading
WECS
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Size
80.0 ac (32.37 ha)
Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 85% of the
total lot coverage
Front Yard Setbacks
50 .0m (164 ft) from the centre-line of a
public road
Side Yard Setbacks
15.0m (49.2 ft) from an adjacent property
line
Rear Yard Setbacks
15.0m (49.2 ft) from the rear property line
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors
Maximum Building Height
At the discretion of the Development
Authority
Special Requirements
Landscaping & Screening Standards
c) Buffer areas shall be identified on the site plan that is associated with a redesignation
application and subsequent approved Development Permit for in this district.
d) Berming may be required to screen large-scale renewable energy operations from public
roadways and residential uses in proximity to the area. A berming plan shall be provided
at the time of Development Permit application that provides a buffer between the plan
area and adjacent parcels and/or roadways to the satisfaction of the Development
Authority.
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Lighting Requirements
e) A detailed lighting plan that identifies all potential lighting impacts shall be required as a
condition of Development Permit approval. At the discretion of the Development
Authority, this may include information on portable lighting as well as permanent lighting
and may be required to be completed by a Qualified Consultant.
f) An as-built site lighting plan may be required as a general condition of approval on a
Development Permit following completion of construction of a use in this district.
g) All site lighting shall be directed downwards and follow dark-sky principles to have
minimum impact on adjacent properties.
Noise Control
h) At the time of Development Permit Application, the Applicant may be required to provide
a noise attenuation plan detailing the methods intended to be used to address nuisance
noise emanating from operations within the development area if this is deemed to be a
potential concern.
i) Operators may be required, as part of their noise attenuation plan to identify potential
vegetation that will be added or maintained to minimize noise impacts, potential
locations for processing equipment that minimize noise, noise abatement measures for
mufflers and/or water pumps and plans to reduce decibel noise levels of equipment. This
plan should be completed to the satisfaction of the Development Authority as a condition
of Development Permit approval.
Environmental Requirements
j) An environmental study, site assessment, wetland impact assessment or biophysical
impact assessment may be required, at the discretion of the Development Authority, if
the proposed redesignation or Development Permit application is located within or
adjacent to an environmentally significant area.
k) All soils (including topsoil and sub soil) shall be separated into piles and seeded to prevent
the contents from being blown off site and shall be used for reclamation purposes.
l) A weed management plan may be required at the Development Permit stage at the
discretion of the Development Authority.
m) A waste management plan may be required at the Development Permit stage at the
discretion of the Development Authority.
n) A Drainage Study shall be provided at the discretion of the Development Authority at the
time of redesignation application submission noting overall drainage flows so as to ensure
impact to adjacent landowners does not occur from development in this district.
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Signage Requirements
o) Signage outlining the operator's name as well as emergency phone numbers and the
potential hazards and risks associated with the site should be included.
p) As part of the site plan for an approved Development Permit, the signage locations should
be identified.
Community Consultation Requirements
q) Community consultation may be required for redesignation applications and
development applications in this district. The minimum consultation circulation radius
from the parcel boundary for applications shall be 1.6 km (1.0 miles). All community
consultation and notice to the affected landowners shall be completed prior to
application submission. Confirmation and a mailing list of all landowners who were
notified shall be provided to Clearwater County at the time of application submission.
r) If the Development Permit application is submitted for a development within 1 year from
the date of redesignation approval, the previous consultation for the redesignation
application can be submitted. If the Development Permit is submitted more than 2 years
after the date of redesignation approval (3rd and Final Reading), a new community
consultation process shall be required.
s) Prior to consideration of a Development Permit by Council in this district, a notice shall be
mailed to all landowners within a 200m radius of the subject property at least 2 weeks
prior to the Council date.
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11.21 Direct Control - Aggregate Extraction / Processing (DC - AE) District
Purpose and Intent
The purpose and intent of this District is to provide designated areas for non-renewable
resource extraction and processing. This District should be considered in locations where the
more industrial nature of this type of use can be effectively integrated into the overall land use
context and have a minimal nuisance effect on adjacent agricultural or residential land uses.
Authority
Given the sensitive nature of this use and as a Direct Control (DC) District, Council is the sole
Approving Authority for this land use and Development Authority for subsequent Development
Permit applications.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Agricultural Operation
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Accessory building not exceeding 23.2 square
metres (250 sq ft);
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Construction Trailer
Stripping & Grading (as part of approved
development)
Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Signs Exempt as Per Section 10.2
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Demolition (in accordance with Section 3.2)
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
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Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Landscaping that does not impact drainage
Personal Use Agriculture
Permitted Uses
Discretionary Uses
Accessory Building
Aggregate Extraction/Processing
Agricultural Operation
Dwelling - Manufactured Home
Solar Collector < 30kW
Dwelling - Secondary Suite
Dwelling - Security/Surveillance
Dwelling - Single-Detached
Sea-Can
Stockpile
Stripping & Grading
Tradesperson's Business
Rack Site
Site Regulations
b) The following regulations shall apply to all approved development within this Direct
Control (DC) District:
Minimum Parcel Size
2.02 ha (5.0 ac)
Maximum Lot Coverage
No buildings, structures or impervious
surfaces (including the resource mining area)
shall cover more than 85% of the parcel area
Front Yard Setbacks
50 .0 m (164 ft) from the centre-line of a
public road
Side Yard Setbacks
10.0 m (32.8 ft) from an adjacent property
line
15.0 m (49.2 ft) from the right-of-way of a
public road (corner lots)
Rear Yard Setbacks
15 m (49.2 ft) from the rear property line of
an adjacent parcel (provided the dwelling
setbacks below are met)
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors or 70.0m (230.0 ft),
whichever is greater
Setback from Existing Dwellings and
Proposed Residential Dwellings (not located
on the same parcel as a proposed Aggregate
Extraction / Processing operation)
200.0 m (656.16 ft)
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Setback from Dwellings on a parcel
designated Aggregate Extraction / Processing
District
As per Provincial and Federal Regulations
Other Setbacks
Regarding slope setback considerations for
gravel pits, please refer to the Alberta
Environment Code of Practice for Pits, but
please note that the Land Use Bylaw setbacks
supersede these setback requirements.
Building Height
Maximum 8.0 m (26.25 ft)
Special Requirements
Haul Routes, Levies and Site Plan Requirements
c)
The redesignation application shall include a site plan prepared by a Qualified
Consultant that outlines the proposed aggregate extraction/processing area as well as a
phasing plan for the proposed extraction of the resource. This plan will clearly outline
distances to property lines and the exact total area of the resource mining area for each
phase of development. Buffer areas shall also be clearly delineated within this site plan.
d)
The proposed haul route shall be included as part of a complete redesignation
application to this DC district as well as part of a subsequent Development Permit for
Aggregate Extraction/Processing.
e)
Traffic generated from Aggregate Extraction/Processing shall be subject to Clearwater
County's Road Use for Industrial/Commercial Truck Hauls Policy.
f)
A condition shall be required on Development Permits for Aggregate Extraction /
Processing that outlines the approved hauling times and days for that particular site.
Consideration will be given to context regarding proximity and scale of adjacent
residential uses along the haul route.
g)
Major hauling that requires a Road Use Agreement shall require written notification to
the Planning and Development Department and adjacent landowners within a 1-mile
radius of the haul route. This notice shall be provided a minimum of two weeks prior to
commencement. This shall be outlined as a condition of future Development Permit
applications for Aggregate Extraction/Processing.
h)
A Transportation Impact Assessment (TIA) may be required as a condition of
Development Permit approval at the discretion of the Development Authority.
Resource Mining Area Operations
i)
Operations within the resource mining area shall be restricted within a certain
timeframe and weekdays as per the conditions of an approved Development Permit for
Aggregate Extraction / Processing within this district. This shall include all operations
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related to stripping, stockpiling, extracting, processing (crushing & screening), onsite
water management (pit to pit dewatering and offsite dewatering), hauling and
reclamation.
Water Management
j)
At the time of redesignation application, a map that identifies adjacent landowner
water wells within the same aquifer as a resource mining area shall be required. As a
subsequent condition of Development Permit approval, a general condition that notes
the operator will be responsible for the negative detriment of those adjacent
landowner wells should be included. This forms part of their Water Act approvals as
noted in the Other Approvals section of this district.
Landscaping & Screening Standards
k)
Buffer areas shall be identified on the site plan that is associated with a redesignation
application and subsequent approved Development Permit for Aggregate Extraction /
Processing.
l)
Berming shall be required to screen resource mining areas from public roadways and
residential uses in proximity to the area. A berming plan shall be provided at the time of
Development Permit application that provides a buffer between the resource mining
area and adjacent parcels and/or roadways to the satisfaction of the Development
Authority.
Lighting Requirements
m)
A detailed lighting plan that identifies all potential lighting impacts of an Aggregate
Extraction / Processing use shall be required as a condition of Development Permit
approval. At the discretion of the Development Authority, this may include information
on portable lighting as well as permanent lighting and may be required to be completed
by a Qualified Consultant.
n)
An as-built site lighting plan may be required as a general condition of approval on a
Development Permit following completion of construction of an Aggregate Extraction /
Processing use.
o)
All site lighting shall be directed downwards and follow dark-sky principles to have
minimum impact on adjacent properties.
Noise Control
p)
At the time of Development Permit Application, the Applicant shall provide a noise
attenuation plan detailing the methods intended to be used to address nuisance noise
emanating from operations within the development area or on haul routes, resulting
from activities related to an Aggregate Extraction / Processing operation.
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q)
The operator of an Aggregate Extraction / Processing use shall be required, as part of
their noise attenuation plan to identify potential vegetation that will be added or
maintained to minimize noise impacts, potential locations for processing equipment
that minimize noise, noise abatement measures for mufflers and/or water pumps and
plans to reduce decibel noise levels of equipment within a resource mining area. This
plan should be completed to the satisfaction of the Development Authority as a
condition of Development Permit approval.
Adjacent Residential Development Considerations
r)
As per the requirement noted in the Site Regulations section of this land use district, no
residential dwellings shall be located within 200 m (656.16 ft.) of the property lines of a
parcel designated Aggregate Extraction / Processing District. The minimum setback shall
not be applicable if an existing dwelling is on the same parcel as a proposed aggregate
extraction / processing operation.
s)
No new Development Permits for dwellings of any type shall be approved within 200 m
(656.16 ft) of the property lines of a parcel that is designated Aggregate Extraction /
Processing District.
t)
No redesignation to Aggregate Extraction / Processing District shall be approved within
200 m (656.16 ft.) of an existing dwelling on an adjacent parcel. This is measured from
the property line to the residential dwelling.
u)
Existing and proposed dwellings on the same parcel as an Aggregate Extraction /
Processing Development Permit and designated Aggregate Extraction / Processing
(NRE) District must meet setback requirements as per all provincial and federal
regulations but are not required to be setback 200 m (656.16 ft) from the Aggregate
Extraction / Processing operation.
v)
It is the responsibility of the Applicant for an Aggregate Extraction / Processing District
to provide plans showing that they meet the minimum setback distances from
dwellings on adjacent parcels.
Environmental Requirements
w)
Dust control and mitigation shall be required as a condition of Development Permit
approval for Aggregate Extraction / Processing.
x)
An environmental study, site assessment, wetland impact assessment or biophysical
impact assessment may be required, at the discretion of the Development Authority, if
the proposed redesignation or Development Permit application is located within or
adjacent to an environmentally significant area.
y)
All soils (including topsoil and sub soil) shall be separated into piles and seeded to
prevent the contents from being blown off site and shall be used for reclamation
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purposes within the resource mining area. The removed topsoil and sub soil shall be
located on piles within the parcel that is the subject of the Aggregate extraction /
processing development. If the removed soil is located and piled on a different parcel
from the titled area subject to the natural resource extraction / processing
Development Permit, a separate Development Permit shall be required from
Clearwater County.
z)
A weed management plan may be required at the Development Permit stage at the
discretion of the Development Authority.
aa)
A waste management plan may be required at the Development Permit stage at the
discretion of the Development Authority.
bb) A Drainage Study shall be provided at the discretion of the Development Authority at
the time of redesignation application submission noting overall drainage flows so as to
ensure impact to adjacent landowners does not occur from Aggregate Extraction /
Processing activity.
cc)
Materials submitted to Alberta Environment & Parks for approval for an aggregate
extraction operation shall also be submitted to Clearwater County as part of a complete
development permit application.
Signage Requirements
dd) Signage outlining the operator's name of a resource mining area as well as emergency
phone numbers and the potential hazards and risks associated with the site should be
included.
ee) As part of the site plan for an approved Development Permit, the signage locations
should be identified.
Community Consultation Requirements
ff)
Community consultation shall be required for all Aggregate Extraction / Processing
District Redesignation applications and development applications. The minimum
consultation circulation radius from the parcel boundary for applications shall be 1.6
km (1.0 miles) and shall be 1.6 km (1.0 miles) from the boundary of the proposed haul
route. All community consultation and notice to the affected landowners shall be
completed prior to application submission. Confirmation and a mailing list of all
landowners who were notified shall be provided to Clearwater County at the time of
application submission.
gg)
If the Development Permit application is submitted for an Aggregate
Extraction/Processing development within 1 year from the date of redesignation
approval, the previous consultation for the redesignation application can be submitted.
If the Development Permit is submitted more than 2 years after the date of
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redesignation approval (3rd and Final Reading), a new community consultation process
shall be required.
hh) Regardless of the regulation noted above in terms of overall community consultation,
formal written notice must be mailed to all landowners within a 1.6 km (1.0 mile) radius
of a DP application for Aggregate Extraction/Processing at least 2 weeks prior to the
application being considered by Council.
Existing Permits for Aggregate Extraction/Processing or Similar Uses
ii)
All existing valid Development Permits for Aggregate Extraction / Processing
Development Permits remain valid, and their parcels do not require redesignation to
this district unless a change to the scale, size and/or plan area of the Aggregate
Extraction / Processing operation takes place that requires a new or amended
Development Permit.
jj)
Redesignation will be required prior to expansion or changes to existing Aggregate
Extraction / Processing Development Permits in accordance with the MDP.
Other Approvals
kk)
Aggregate Extraction/Processing is subject to provincial and/or federal approvals. As a
condition of Development Permit approval, the developer shall ensure they are in
compliance with all relative authoritative government agencies. Copies of any
applicable approvals shall be incorporated as conditions of a Development Permit
approval. This may include, but is not limited to Historical Resource Act approval, Water
Act approvals or any other regulatory requirements.
ll)
Aggregate Extraction / Processing Development Permit applications shall be required to
meet Alberta Environment's requirements for Code of Practice for Gravel Pits.
mm) Aggregate Extraction / Processing Development Permit operations shall be in
accordance with the Alberta Environmental Protection and Enhancement Act and
Regulations for conservation and reclamation.
nn) Aggregate extraction operations shall be reclaimed in accordance with the approved
Provincial site reclamation plan.
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11.22 Direct Control - Communal Settlement (DC-CS) District
Purpose and Intent
The purpose and intent of this District is to provide for unique instances where there is a
communal settlement that is designed and comprehensively planned for multi-unit housing,
located within a predominantly agriculturally-focused, rural area of the County. These
communities are partially self-sufficient with minimal integration with adjacent parcels and
encompass most aspects of a community relating to industry, education, housing and recreation
solely for their own long-term residents.
District Overview
For the purposes of this District, the location of the uses is referred to as a communal
settlement development in its entirety, while the individual specific uses requiring Development
Permits that form this type of development are listed below. For example, if there is an existing
communal settlement, additional uses that are proposed at a later date would apply for a
Development Permit for the specific use.
For a new communal settlement, the applicant can apply for one master Development Permit
application for a Communal Settlement District that encompasses all uses.
Exempt, Permitted and Discretionary Uses
a) The following uses shall be Exempt Uses, Permitted or Discretionary with or without
conditions provided that the application complies with the regulations of this District
and Bylaw:
Exempt Uses (No Development Permit Required)
Note: "Exempt" means development that
does not require a Development Permit if it
meets all the provisions of the Bylaw. For
additional guidance and other uses refer to
Section 3.2: Development Permits Not
Required
Private Greenhouse (less than 23.2 square
metres (250 sq ft) as an accessory building)
Agricultural Operation
Propane/Fuel Tanks in compliance with
Safety Codes legislation
Accessory building not exceeding 23.2 square
metres (250 sq ft);
Retaining Wall (provided the retaining wall is
not located within 30 metres of an
escarpment and is not more than 1.0 metres
at the highest point)
Construction Trailer
Stripping & Grading (as part of approved
development)
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Construction and maintenance of that part of
a utility placed in or upon a public right-of-
way or public utility easement;
Signs Exempt as Per Section 10.2
Deck/Patio (provided it complies with lot
coverage and setback regulations)
Solar Collector < 30 kW: attached to a wall or
roof of a building
Demolition (in accordance with Section 3.2)
Temporary Sea-Cans in accordance with
regulations of Section 9.28
Dugouts, fishponds, driveways
Telecommunications Tower
Flagpoles, Towers or other poles that don't
exceed 5.0m (16.4 ft.)
Temporary Use of Building for Emergency
Purposes or Election Purposes
Landscaping that does not impact drainage
Personal Use Agriculture
Permitted Uses
Discretionary Uses
Accessory Building
Additional Accessory Building(s) beyond
those listed as Permitted Uses
Agricultural / Farm Building
Agricultural Processing - Major
Agricultural Operation
Agricultural Support Services
Agricultural Processing - Minor
Agriculture (Regulated)
Direct Market Sales
Cemetery
Farm Subsidiary Business
Child Care Facility
Home Occupation - Minor
Communal Settlement Development
Sea-Can
Cultural Facilities
Solar Collector < 30 kW: free-standing
Dwelling - Duplex
WECS-small
Dwelling - Multi Unit
Dwelling - Single Detached
Educational Services
Equestrian Facility
Essential Public Service
Home Occupation - Major
Livestock Sales Yard
Outdoor Storage
Public Utility
Public or Quasi-Public Use
Solar Collector > 30kW
Stripping & Grading
Site Regulations
b) The following regulations shall apply to all approved development within this District:
Minimum Parcel Size
32.37 ha (80.0 ac)
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Maximum Lot Coverage
No buildings, structures or impervious
surfaces shall cover more than 15% of the
total lot coverage
Front Yard Setbacks
50.0 m (164 ft) from the centre-line of a
public road
15.0 m (49.2 ft) from the right-of-way of an
internal subdivision road
Side Yard Setbacks
15.0 m (49.2 ft) from an adjacent property
line
Rear Yard Setbacks
15.0 m (49.2 ft) from the rear property line
Yard Setbacks from Existing and Proposed
Highways and Service Roads
Discretion of Alberta Transportation and
Economic Corridors or 70.0m (229.66 ft),
whichever is greater, from the centre-line of
the highway right-of-way.
Maximum Building Height
At the discretion of the Development
Authority
Maximum Density
The maximum number of Dwelling-Multi Unit
buildings shall be eight (8) and the maximum
# of units per building shall not exceed (8).
This means the maximum potential density of
units on a parcel shall be sixty-four (64) total
units.
Site Plan
c) An application for a new Communal Settlement Development shall incorporate a site plan
of all proposed uses that are clearly labelled and comply with all other regulations of this
Bylaw.
Servicing
d) All proposed servicing must be clearly outlined, and the necessary technical
studies/reports shall be provided that support the proposed development and anticipated
total population upon build-out to the satisfaction of the Development Authority.
Setbacks
e) An application shall be a minimum of 400.0m from any other dwelling units that are not
part of the communal settlement development and on a different parcel.
f) If a variance is proposed to the setback from adjacent dwelling units on parcels that are
not a part of the communal settlement development, consultation with the impacted
parties shall be undertaken to the satisfaction of the Development Authority and potential
mitigation measures integrated into the application and site plan.
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PART 12: HAMLET OF NORDEGG LOT AND BUILDING DESIGN REGULATIONS
12.1
Applicability
12.1.1. The regulations of this section shall apply to all lots and development that falls within
the boundaries of the Hamlet of Nordegg, unless otherwise exempted in this Part.
Where any regulation in this Part may be in conflict with any regulation in a District, the
regulation in this section shall take precedence at the discretion of the Development
Authority.
12.1.2. As per Policy 12.1.1, lands that fall within the Hamlet of Nordegg are outlined as per the
attached Hamlet of Nordegg Map.
12.2
Design, Character and Appearance of Buildings
12.2.1. Building design shall incorporate a mix of natural materials that complement the natural
area and surrounding site context of other buildings and landscapes within the Hamlet
of Nordegg.
12.2.2. No Dwelling - Manufactured shall be allowed in the Hamlet of Nordegg except for in the
Manufactured Home Subdivision.
12.2.3. Applications for new development within the Hamlet of Nordegg shall outline how the
plans incorporate identified design elements from statutory and non-statutory area
structure plans, redevelopment plans or urban design plans that are applicable to the
subject lot in addition to the considerations outlined in this Bylaw.
12.2.4. Any architectural controls or guidelines that have been approved by the County and/or
are registered against a specific lot must be incorporated into the design of new
buildings that they apply to.
12.2.5. Within the historic core, buildings should be broken up with smaller facades and
architectural detailing that ties in the history of the town, the former mine and other
historical elements.
12.2.6. All buildings added to a lot shall be new unless otherwise approved by the Development
Officer.
12.2.7. Other regulations, guidelines or development controls may be established by the County
for any new development within this hamlet.
12.2.8. All foundations for permanent dwellings and garages must be permanent in nature.
12.2.9. All development shall be reviewed in accordance with the Nordegg Development Plan
and the associated Nordegg Development Plan - Design Guidelines.
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12.2.10. No two similar elevations or colors shall be within 4 properties of one another on the
same side of the street or across the street within the residential areas of the historic
core.
12.3
FireSmart Considerations
12.3.1. In addition to the FireSmart regulations outlined in Part 8 of this Bylaw, applications
exterior wall materials, such as, but not limited to: tile, metal or asphalt shingles (for
roofs) and stucco, rock, brick, hardie board, cement board or engineered wood (Can
Excel) or aluminum siding (for exterior walls).
12.3.2. Wooden shakes and shingles are prohibited as a roofing material within the Hamlet of
Nordegg.
12.3.3. A building envelope shall be provided at the discretion of the Development Authority in
the North Subdivision in the Hamlet of Nordegg. The building envelope will govern the
location of permissible site clearance, within which building may occur.
12.3.4. within the Hamlet of Nordegg shall be required to utilize fire retardant roofing and The
purpose of the building envelope is to develop a defensible space to protect structures
from approaching wildfire as well as to reduce the potential for a structure fire spreading
to the wildland.
a) The building envelope shall provide a minimum defensible space of 9.14 metres (30
ft) around the perimeter of any buildings, shall be initially approved by the
municipality and shall be provided and maintained by the property owner.
b) No other clearing may take place without additional development approval.
12.4
Landscape Design
12.4.1. No trees or other vegetation shall be removed from lots within the Hamlet of Nordegg
without an approved Development Permit for the subject site and the proposed trees
for removal identified as part of the approved plans for the subject development permit.
This does not include trees located directly along a fence line. Tree removal for trees
located directly along a fence line is allowed.
12.4.2. A tree protection plan may be required as a condition of Development Permit approval
for existing trees that are to be retained on a lot through the development process.
12.4.3. Fences with natural materials (wood, iron, stone, etc.) which is complimentary to the
principal building; to a maximum height of five feet are allowed. No barbed wire and/or
chain link is permitted.
12.4.4. No bee, fruit trees or any other species that the Development Authority determines may
attract bears shall be incorporated into landscaping within the Hamlet of Nordegg.
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12.4.5. No excavation shall be permitted or carried out on any property except as required for
the construction of buildings, or the installation of utilities, or for landscaping. No sand,
gravel, or earth shall be removed except as required for the aforesaid purposes.
12.4.6. All dwellings or other buildings in the North Nordegg Subdivision shall have one metre
of rock placed around the outside perimeter in addition to rock being placed under the
deck.
12.5
Utilities
12.5.1. All electrical services from a transformer to a building shall be located underground.
12.6
Servicing
12.6.1. Properties designated Leisure Residence (LR) District within the Hamlet of Nordegg shall
only have individual treated water cisterns and sewage pump-out tanks. Private water
wells or private sewage treatment systems are not permitted on parcels designated
Leisure Residence (LR) District within the Hamlet of Nordegg.
12.7
Outdoor Storage & Waste Enclosures
12.7.1. Outdoor storage for commercial, recreational, institutional, industrial or multi-
residential uses shall be discouraged unless it incorporates sufficient landscape
buffering to the satisfaction of the Development Authority.
12.7.2. No outdoor storage for single-detached dwellings is permissible unless it will be
sufficiently screened within a rear or side yard to the satisfaction of the Development
Authority within the residential areas of the historic core.
12.7.3. Waste enclosures shall be fully screened and buffered with either low-maintenance
fencing and/or landscaping that hides the enclosures from the public realm. They should
be located in the rear or side yard, except in exceptional circumstances at the discretion
of the Development Authority.
12.7.4. Semi-underground waste disposal containers are encouraged in new developments.
12.7.5. Composting is not permitted.
12.7.6. No person shall knowingly leave or store any refuse, food product, pet food, birdseed,
grain or salt in a manner which could constitute a lure, attraction or enticement of
wildlife.
12.8
Outdoor Lighting
12.8.1. Outdoor lighting shall incorporate dark sky principles and be designed in a manner that
complements the natural area and fits within the site context.
12.8.2. Lighting hardware shall incorporate natural materials and earth tones.
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12.9
Signage
12.9.1. All signage within the Hamlet of Nordegg shall incorporate natural elements and design
considerations that consider the natural area and local site context.
12.9.2. All signs are subject to the approval of the Development Officer. In considering a
development application for a sign, the Development Officer shall ensure that the
proposed sign is consistent with the natural setting of the area and shall have due regard
to the visual impact of the sign in relation to features of the site and the surrounding
area. The Nordegg Development Plan - Design Guidelines should be referenced when
approving a sign within the Hamlet.
12.10 Site Design
12.10.1. Given the steep terrains within the Hamlet of Nordegg, development applications shall
include and identify design elements that ensure access to a range of abilities to ensure
fully accessible developments.
12.10.2. View corridors should be identified through the site planning process and incorporated
into master plans for more comprehensive developments as well as be considered for
smaller-scale developments within the Hamlet of Nordegg.
12.10.3. Parking lots should incorporate native landscaping and be broken up into smaller nodes
that have no more than 15 adjacent parking spaces without a landscape island.
12.10.4. Parking shall be effectively screened and/or located in the rear of buildings in Hamlet
Commercial areas.
12.11 Storage & Unsightly Premises
12.11.1. One holiday trailer/recreation vehicle or commercial vehicle may be parked or stored
on a lot in this district.
12.11.2. No abandoned vehicles, machinery, or other unsightly items shall be kept or stored on
any property, except within a building, with the intent that all properties shall be kept
in a neat, clean, and presentable condition.
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Definitions
Abattoir
is a facility that is used for the slaughtering of animals and
processing of meat products. It is also referred to as a
slaughterhouse. See Agriculture (Regulated).
Accessory Building
a building that is separate from and subordinate to the main
building on the same parcel of land and used for purposes
customarily incidental or subordinate:
(a) to the use and enjoyment of the main building; or
(b) to the use and enjoyment of the parcel of land on which said
buildings are situated, and with regard to a residential use, typical
structures may include garages, personal greenhouses, sheds,
swimming pools, frame and fabric structure (tarp shelter); and,
(c) is not a recreation vehicle, guest house or secondary suite.
When a building is attached to the principal building by a roof, floor
or foundation above or below grade, it is considered to be part of
the principal building.
Accessory Use
a use that is subordinate or incidental to the primary use on a parcel.
Examples may include a concession for the primary use of a
recreational facility, a home-based business that is subordinate to
the primary use of a dwelling used for residential purposes or other
similar minor-scale uses that complement a primary use on a parcel.
Act
see the Municipal Government Act (MGA) definition.
Adjacent Land
land or a portion of land that is bordering to the parcel of land that is
the subject of an application and includes land or a portion of land
that would be adjacent to if not for a public roadway, railway, utility
right-of-way, river or stream and in the opinion of the Development
Authority, any additional lands.
Administration
the Chief Administrative Officer (CAO) and all municipal employees
under the CAO's authority.
Aggregate
gravel, sand, clay, earth, shale, marl, peat, stone, limestone,
sandstone, marble, granite, or other non-mineral natural resources
or non-metallic ore.
Aggregate
Extraction/Processing
development for the removal, extraction, processing and
transmission of Aggregate for commercial purposes.
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Agricultural Building
a building exclusively used for the housing of livestock, the storage
and repair of farm machinery or equipment, the storage of farm
produce or feed for livestock or any other agricultural uses.
Agricultural
Operation
an agricultural activity (other than a Confined Feeding Operation
under the jurisdiction of the NRCB) conducted on agricultural land
for compensation/financial benefit and includes:
a) the cultivation of land
b) the raising of livestock, including game-production animals within
the meaning of the Livestock Industry Diversification Act and poultry.
c) the raising of fur-bearing animals
d) the production of agricultural field crops
e) the production of fruit, vegetables, sod, trees, shrubs, and other
specialty horticultural crops,
f) the production of honey
g) the production of eggs and milk
h) the operation of agricultural machinery and equipment, including
irrigation pumps, and
i) the application of fertilizers, manure, insecticides, pesticides,
fungicides and herbicides, including application by ground and aerial
spraying, for agricultural purposes.
j) the growing of sod or trees; and
k) the use of hydroponics for food production
A Cannabis Production Facility is excluded from this use.
Agricultural
Processing - Major
a large-scale business operation that includes the use of land and/or
a building for the upgrading of a product for distribution or sale that
was originally produced in an agricultural operation. Due to the
large-scale nature of the business, the agricultural products may be
produced on-site or offsite. May produce some offsite impacts such
as noise, appearance, or odour.
A Cannabis Production Facility is excluded from this use.
Agricultural
Processing - Minor
includes the use of land and/or a building for the upgrading of a
product for distribution or sale that was originally produced in an
agricultural operation. These minor operations are intended to
primarily use agricultural products which are produced onsite.
Should not produce any offsite impacts.
A Cannabis Production Facility is excluded from this use.
Agricultural Support
Services
development providing products or services directly related to the
agricultural industry. This use would include the sale and storage of
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seed, saddlery, feed, fertilizer, chemical products, fuel, and
agricultural machinery. It may also include the sale of products that
are utilized in agricultural operations, including but not limited to
raw material sales such as lumber for fence posts or prefabricated
animal shelters.
Agriculture
(Regulated)
a use where the intensity of agriculture operations has significant
land or water demands and may include off-site impacts that are
licensed under provincial or federal regulations. Typical uses include
abattoirs, and fertilizer plants.
A Cannabis Production Facility is excluded from this use.
Agri-Tourism Business a use, accessory to the principal agricultural use, that brings
additional visitors to a primarily agricultural parcel over and above
the site visits generated by the principal agricultural activity(ies).
These accessory uses are predominantly educational, retail,
recreational and entertainment focused. This use is seasonal in
nature and may include facilities for the retail sales of agricultural
products on the same site as where the product is produced and/or,
the use of features or facilities located on the land. Examples may
include a corn maze, petting zoo, informational centre related to
agricultural activities, bouncy houses, potato sack slides, mini golf,
playground activities, miniature trains, pedal karts, and sandboxes.
Airport
any area of land or other supporting surface used or intended to be
used either in whole or in part for the arrival and departure or
servicing of aircraft, and includes any building, hangar, installation, or
equipment in connection therewith, for which an airport license has
been issued by Transport Canada.
Alcohol Production
a use where beer, spirits and other alcoholic beverages are
manufactured that may have a seating area where products made on
the premises are provided to private groups for tasting and
consumption as a special event and are sold to the general public for
consumption on the premises and that may include the retail sale of
products. Typical uses include breweries, distilleries, wineries, and
meaderies.
Alternative/
Renewable Energy,
Facility
a use that produces energy and, in some cases, other marketable by-
products depending on the process utilized. Energy may be derived
from natural and/or non-traditional sources (e.g. geothermal, solar,
water, wind, tides, waste, etc.) and once produced, it is sold and
distributed off-site (commercial) to the marketplace.
Amenity Site
a small local site for public use and enjoyment, including but not
limited to small day use parks, historical and cultural sites, special
viewing points and rest features at trailheads and along trails.
Ancillary Building
See Accessory Building definition.
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Ancillary Use
See Accessory Use definition.
Apartment
a vertical, multi-unit dwelling unit. See Dwelling - Multi-Unit
definition.
Approving Authority
the appropriate decision-making authority responsible for
implementing a specific regulation of this Bylaw. Specifically, it may
refer to the Development Authority, Subdivision Authority,
Subdivision and Development Appeal Board, Council or another
entity such as the Land and Property Rights Tribunal (LPRT)
depending on the context.
Artisan Studio / Shop the use of a premises for the creation and production of arts or
crafts for sale to the general public and includes, but is not limited to
the small scale production of pottery, sculpture, painting, garment
makers, tailors, jewelers, shoe repair, soap or candle production and
similar arts and crafts which do not include the use of toxic or
hazardous materials, result in excessive noise or require the outdoor
storage of materials.
Automotive and
Equipment Services
development used for the rental, lease, sale, storage, service,
restoration and/or mechanical repair of automobiles, farm
equipment, trucks, trailers, motorcycles, snowmobiles, tent trailers,
boats or recreation vehicles. Uses and facilities would also include
transmission shops, muffler shops, auto body paint and repair
facilities and fleet services.
Automotive Test
Track
a development for the testing of automobiles on a test track. This
may involve racing, stunt driving and the operation of motor vehicles
at higher speeds than are typically allowed on public roadways.
Backyard Beehive
a collection of hives or colonies of bees kept for their honey
production that is small in scale and located within the rear yard of a
residential property.
Bank
the line separating the Crown-owned bed and shore from the
adjoining upland as determined by a Qualified Professional and as
determined by the Surveys Act.
Bareland
Condominium
a parcel of land that is individually owned units, a common area and
is governed by a condominium corporation. This means that the
owner of a bareland condominium is responsible for maintaining
their own property, but also shares in the responsibility and cost of
maintaining common areas and facilities
Basement
a storey or storeys of a building constructed partially or entirely
below ground.
Basement Suite
a separate dwelling unit located within the basement of a principal
dwelling. See Dwelling - Secondary Suite definition.
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Boat house
an accessory building utilized for the storage and/or maintenance of
a personal boat or other watercraft. See Accessory Building
definition.
Borrow Pit
a hole, pit or excavation that is dug for the purposes of removing
gravel, clay, soil or sand to be used in a construction project.
Brewery
a development utilized to produce beer. It may also include the sale
of beer produced on-site in alignment with AGLC regulations. See
Alcohol Production definition.
Buffer
a row of trees, shrubs, berm, fence or other barrier and/or the use of
land to create a visual screen and/or noise and nuisance attenuation
for separation between sites, districts, roadways and differing uses.
Building
any structure used or intended for supporting or sheltering any use
or occupancy.
Building Area
the total ground floor area and/or footprint of a building or structure
with or without walls, inclusive of additions, covered and/or
enclosed decks, porches, verandas and/or lean-tos.
Building Footprint
the area on a property or site occupied by a building structure,
defined by the perimeter of the building's exterior walls or
foundation.
Building Grade
the ground elevation established for the purpose of regulating the
number of stories and the height of a building or structure. If the
ground is not completely level, such as for dwellings with walk-out
basements or other similar situations, by averaging the elevation of
the ground for each face of the building.
Building Height
the vertical distance from grade level at the exterior wall to the
highest point of a building. On sloping ground, building height shall
be considered as the average of the highest and lowest grades. For
example, a house with a walk-out basement would be calculated
based on calculating the height from the building grade based on
averaging the elevation of the ground for each face of the building.
Bylaw
the approved Land Use Bylaw for Clearwater County.
Bylaw Officer
an individual employed by the County in the position of Bylaw
Officer.
Campground - Major
the development of planned campsites for the use of recreation
vehicles, campers, tents and commercial guest cabins where there
are 21 or more defined camping sites, including group sites for
multiple units, within the development area of the land.
Campground - Minor
the development of planned campsites for short-term seasonal use
of recreation vehicles, campers, tent trailers, tents and similar
recreation vehicles where there are 20 defined camping sites or less
within the development area of land and are not used for residential
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uses. A campground minor may include a potable water supply or
sewage disposal facilities.
Campsite
a defined area for the use of recreation vehicles, campers, tents and
commercial guest cabins.
Cannabis
cannabis plant, fresh cannabis, dried cannabis, cannabis oil and
cannabis seeds and any other substance defined as cannabis in the
Cannabis Act (Canada) and its regulations, as amended from time to
time.
Cannabis Lounge
a development, or any part thereof, licensed to sell cannabis to the
public, for consumption within the premises as authorized by
Federal or Provincial Legislation, as amended from time to time.
Cannabis Production
Facility
the use of land, or buildings for the cultivation, processing, testing,
destruction, packaging and shipping of cannabis as permitted and
licensed by the Federal Government of Canada." This does not
include personal production of cannabis as provided for by the
federal government but includes micro-growing.
Cannabis Retail Sales
a retail store that sells cannabis and cannabis-related products in
accordance with AGLC regulations. See Restricted Substance Retail
definition.
Cantilever
a rigid structural element in a building that extends horizontally and
is unsupported at one end. (Ex. Balcony)
Casino
a facility where the principal use is gambling and may include poker
tables, slot machines and other gaming opportunities that involve
betting or games of both skill and luck. These facilities are regulated
by the AGLC.
Cemetery
land that is used for the burial of human or animal remains. Typical
uses are memorial parks and burial grounds. In the case of human
remains, these developments are also regulated by the provincial
Cemeteries Act.
Chief Administrative
Officer (CAO)
the Chief Administrative Officer of Clearwater County or their
designate.
Change of Use
a change from an existing use within a building to a different use. For
example, a house that becomes utilized for a commercial
development or a barn converted into a wedding venue would both
be considered a change of use.
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Child Care Facility
the use of a building or portion thereof for the provision of care,
maintenance, instruction or supervision of seven or more children
under the age of 13 years, by persons other than those related by
blood or marriage, for periods not exceeding 24 consecutive hours
and includes all daycare centers, early childhood services, nurseries
and after-school or baby-sitting programs which meet this definition.
A license is required under the Child Care Licensing Act to operate a
childcare program.
Church
a building for public worship and assembly, see Public or Quasi-
Public Use definition.
Commence
the beginning or start of construction and/or the opening and
operation of a business. Also referred to as commenced or
commencement within this Bylaw.
Community Hall
a public facility utilized for public gathering, social events, private
bookings and other potential accessory uses.
Compassionate Care
Facility
a facility that is used for rehabilitation for individuals that may have
addiction challenges to substances such as drugs or alcohol. It also
includes detoxification facilities that seek to medically stabilize
patients, minimize their withdrawal symptoms, prevent the
potentially harmful effects of withdrawal and provide transitional
services to other standards of care. It may include temporary
overnight accommodations or other treatment options for the care
of individuals facing addiction challenges.
Composting Facility
a development used to collect and process organic matter into
compost. A composting facility may include the storage of un-
composted organic matter, sorting and packaging facilities and sales
of compost.
Communal
Settlement
Development
a comprehensive communal living development that includes multi-
unit dwellings, educational, employment, agricultural and childcare
uses within a defined area in the rural areas of the County. These
developments are partially self-sufficient, isolated from more urban
areas and maintain a long-term population with no tourism or
recreational elements. Services are primarily for residents of the
community.
Conceptual Scheme
(Concept Plan)
a conceptual scheme adopted by the municipality that
i) relates a Subdivision application to the future subdivision and
development of adjacent areas, and
ii) has been referred to the persons to who the Subdivision
Authority must send a copy of the complete application for
subdivision pursuant to the Subdivision and Development
Regulations.
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Condominium
that type of property ownership of a parcel and/or building(s)
comprised in a condominium plan, having more than one title, each
having exclusive title to an individual unit in the building(s) or to a
portion of the parcel and also shared ownership of the remainder of
the building(s) and/or parcel.
Condominium Unit
(a) in the case of a building, a space that is situated within a building
and described as a unit by a condominium plan by reference to
floors, walls and ceilings within the building; and
(b) in the case of other than that of a building, land and any portion
of building thereon that is situated within a lot and described as a
unit in a condominium plan by reference boundaries governed by
monuments placed pursuant to the Survey Act.
Confined Feeding
Operation
as defined by the Agriculture Operation Practices Act means fenced
or enclosed land or buildings where livestock are confined for the
purpose of growing, sustaining, finishing or breeding by means other
than grazing and any other building or structure directly related to
that purpose but does not include residences, livestock seasonal
feeding and bedding sites, equestrian stables, auction markets,
racetracks or exhibition grounds. This use is also known as a feedlot.
These developments fall within the jurisdiction of the NRCB.
Construction Camp
is intended to house construction crews, work crews, and/or support
staff on a temporary, part time, or shift-by-shift basis. Consists of
portable and mobile accommodation units or trailers with or without
kitchen facilities. Also known as a work camp.
Corner Lot
a lot having a frontage on two or more roads other than a lane at
their intersection or junction.
Council
the elected council of Clearwater County.
County
the corporation of Clearwater County and where required by the
context shall include all lands within the corporate boundaries of the
said County.
Crown Land
land of the Crown (provincially and federally owned that includes the
bed and shores of all permanent and naturally occurring water
bodies and water courses).
Cultural Facilities
development for the display, collection and storage of artistic,
musical, historical and library materials. They aim to promote the
understanding and appreciation of history, peoples, cultures and the
arts, and may include performance, learning and practice facilities.
Facilities that would fall under this definition include museums,
libraries, art galleries, auditoriums, amphitheaters, concert halls and
theatres.
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Dark Sky Principles
Prioritize minimizing light pollution by using light only when and
where it is needed, directing it downward, and using warmer colour
temperatures.
Data Processing
Centre
a building, dedicated space within a building of which it is the
principal use, or a group of buildings used to house computer
systems and associated components for the digital transactions
required for processing, cleaning or mining data. It may involve
understanding data through cleaning raw data, finding patterns,
creating models, and testing those models. This includes, but is not
limited to cryptocurrency, non-fungible tokens, artificial intelligence
and blockchain transactions.
Day Home
a childcare business providing care to not more than six (6) children,
not including the person's own children that is operated by a
resident of a dwelling within that dwelling.
Deck
an unenclosed leisure area or platform built of concrete, brick, wood
or other materials and constructed on piers or a foundation above
grade that may be attached
to a dwelling and is intended
for the purpose of outdoor
dining, lounging, and other
similar accessory uses. See
Development Permit Not
Required Section for more
information.
Deck (enclosed)
Enclosed decks (roof and walls) are considered part of the principal
building.
Defensible Space
defensible space, a key component of FireSmart programs, involves
creating a fire-safe buffer around your home and property. This
involves reducing flammable vegetation and ensuring the area is
cleared of potential fire ladders and sources of ignition.
Development
a) an excavation or stockpile and the creation of either of them,
b) a building or addition to, or replacement of a building and the
construction or placing in, on, over or under land of any of them,
c) a change of use of land or a building or an act done in relation to
land or a building that results in or is likely to result in a change in
the use of the land or building, or
d) a change in the intensity of use of land or 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.
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Development
Authority
the Development Authority as per the powers authorized under
Section 2.1 of this Bylaw.
Development
Agreement
a legally binding contract between a developer and Clearwater
County outlining the obligations of the developer with respect to a
specific development. This is typically required as a condition of a
Development Permit.
Developer
defined as an individual(s), corporation or other form of organization
that obtains or seeks to obtain improvements to a property through
statutory plan approvals, land use redesignation changes,
subdivision and/or through development as defined in the MGA.
This term is typically used for the landowner of the subject property
but may be applicable in other instances such as a lessee proposing
improvements on a parcel of land.
Developable Area
the area within a parcel that can be
developed in accordance with the
setback and all other regulations of
this Bylaw, registered easements or
right-of-ways on the land title and
other statutory plan or other
regulations or limitations legally in
place on the subject parcel.
Development Officer
a person authorized to act with the full authority and powers of a
Development Officer as outlined in the Authorities section of this
Bylaw.
Development Permit
a document authorizing a development issued pursuant to this
Bylaw.
Dilapidated
a building or object in a state of disrepair or ruin as a result of age or
neglect.
Direct Control
a district in which Council regulates and controls the use or
development of land or buildings within in the district in any manner
it considers necessary and in which Council may decide on a
Development Permit application or may delegate the decision to a
Development Authority with directions council considers
appropriate.
Direct Market Sales
a personal endeavour for the direct sale of goods, produce or other
items produced or harvested on a specific lot and sold directly to the
public from that lot (i.e. seasonal sales of produce, eggs or honey
from a roadside stand). Direct Market Sales is considered a hobby
activity and does not fall within the definition of Agricultural
Building, Agricultural Operation, Agricultural Processing - Major,
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Agricultural Processing - Minor, Agricultural Support Services,
Agriculture (Regulated), Agri-Tourism Business.
Discretionary Use
a use of land or a building provided for in this Bylaw for which a
Development Permit may be issued upon an application having been
made.
Dugout
the excavation of land that results in man-made features that entrap
water for general agricultural purposes, but does not include
ornamental ponds, stormwater ponds, private lakes or sewage
lagoons. A dugout is classified as having a depth of at least 1.0 m
(3.28 ft). Developments with a depth of less than 1.0m are
considered a fishpond. Dugouts shall be in conformance with
provincial legislation.
Dwelling Unit
a building or portion of a building containing one or more habitable
rooms that constitute a self-contained living accommodation unit
having sleeping, kitchen and bathroom facilities.
Dwelling - Airport
Suite
a dwelling unit used for accommodations, whether permanent or
temporary within an airport. The dwelling unit must be located
within a hangar.
Dwelling - Bed and
Breakfast
a secondary commercial use of a dwelling unit in which the occupant
rents or leases a room or a suite of rooms for short-term
accommodations with meals provided to overnight guests. This class
of use does not include a boarding facility, hotel, motel and/or guest
house, but does include dude ranches or vacation farms in
agricultural districts
Dwelling - Boarding
House
a building or portion thereof containing sleeping rooms without
kitchen facilities, where lodging and/or meals for three or more
persons is provided for compensation but does not include a hotel.
Dwelling - Staff
Housing
development provided by an employer which consists of a building
or portion thereof, for the purpose of housing employees working on
or off the property
Dwelling - Duplex
a development with two dwelling
units that are located adjacent and
attached to each other with each unit
having a separate exterior access.
Dwelling - Guest
House / Room
a building or portion of a building separate from the main building
that contains sleeping accommodations, but no kitchen, and is
available to guests of the primary residence, without compensation.
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A guest house is not a recreation facility, nor is it an accessory use. A
guest house / room is not a secondary suite.
Dwelling - Single
Detached
a development containing one dwelling unit within a single building.
This use category includes modular dwellings.
Dwelling - Leisure
Residence
a dwelling unit suitable for residential use only seasonally or
occasionally during leisure or holiday time and generally lacking in
one or more of the components, conveniences or utilities required
for all year occupancy.
Dwelling -
Manufactured
a residential building containing one dwelling unit built in a factory in
one or more sections, designed to be transported on either its own
wheels and chassis or other means to a suitable site, and placed on
either a temporary or permanent foundation and connected to
utilities for long-term occupancy.
Dwelling - Relocated
a Dwelling - Single Detached that has previously been used as a
residence that has now been relocated to a new parcel for the
purpose of a Dwelling - Single Detached.
Dwelling - Mixed Use
a building used partly for residential use and partly for commercial
use. An example of a mixed-use building would be a two or three-
storey apartment building with commercial uses on the main floor
and dwelling units on the top storeys. The commercial area of a
mixed-use building would have its own entrance and be completely
separate from residential uses in a mixed-use building.
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Dwelling - Multi-Unit
a development that contains three or more dwelling units within a
singular building or within multiple buildings that are connected
through shared amenity areas, walkways or other features. This use
could include townhomes, apartment buildings, fourplexes, row
housing, clustered tiny home developments, triplexes or other
unique dwelling arrangements.
Dwelling - Security /
Surveillance
a dwelling unit or a portion of a building used solely to
accommodate a person or persons whose function is to provide
surveillance, maintenance and/or security for a specific
development. The Dwelling - Security / Surveillance shall form part
of the overall development and be accessory to the principal use on
the site. These dwellings are typically occupied by employees of the
subject development that is the principal use on the site.
Dwelling - Secondary
Suite
development consisting of a self-contained dwelling unit providing
sleeping, washroom and kitchen facilities, located in a single
detached dwelling, which is the principle use on the site or in a
separate smaller structure on a parcel. A secondary suite also has an
entrance separate from the entrance to the principal dwelling either
from a common indoor landing or directly from the side or rear of
the structure. It includes the conversion of basement space to a
dwelling, or the addition of new floor space for a secondary suite to
an existing single detached dwelling. A secondary suite also includes
a garage suite or any other standalone structure on a parcel that is
smaller in size than the principal dwelling. A Dwelling -Secondary
Suite shall not have an independent water and sanitary system.
Eating and Drinking
Establishment
an establishment where food is prepared and served on the
premises for sale to the public. Accessory activities may include
entertainment and the serving of alcoholic beverages when licensed
by the Alberta Gaming and Liquor Commission. Typical uses include
restaurants, cafes, delicatessens, tea rooms,
lunchrooms, refreshment stands, take-out restaurants and catering
services.
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Educational Services
a development for instruction and education purposes, involving
assembly for education, training, instruction or retreat purposes and
includes administration offices, dormitory and accessory buildings.
Typical facilities would include public and separate schools, private
schools or seminaries, community colleges, universities, technical
and vocational facilities.
Emergency
Accommodations for
the Unhoused
a facility used for temporary emergency shelter for individuals in
crisis related to financial status, abuse, family violence,
homelessness or other similar personal challenges that result in
them needing a temporary dwelling. This use also includes accessory
uses associated with the care and assistance for these individuals.
Entertainment and
Event Venue
a facility or use on a parcel for rental by individuals for compensation
for specific events. Uses may include weddings, anniversary parties,
corporate parties, rodeo parties and other functions. This includes
barns or other structures utilized for the aforementioned activities or
others commercial in nature for entertainment purposes.
Environmental
Reserve (ER)
is determined in accordance with the MGA and Clearwater County's
Municipal Development Plan.
Environmental
Reserve Easement
(ERE)
is determined in accordance with the MGA and Clearwater County's
Municipal Development Plan.
Environmentally
Significant Areas
are defined as areas that are critical to the long-term health and
maintenance of biological diversity, physical landscape features,
and/or other natural processes.
Environmental Site
Assessment
are technical investigative reports to gather information about the
history of a site, the potential for there to be contamination, and if
there is, intrusive investigations to assess potentially affected areas
of the site. They have escalating levels (Phase 1 to 3) dependent on
the findings of a study and previous history of a site.
Equestrian Facility
Facilities (buildings, shelters and structures) at which horses are
exercised or trained, boarded or participate in equestrian shows,
jackpots, clinics and other activities for which the proprietor of the
premises receives any form of compensation including in-kind
compensation. Patrons may include but are not limited to clients,
customers, groups, or the public. This definition is not applicable to
personal/private riding arenas.
Escarpment
a slope where the grade exceeds 15% or is suspected of being
unstable.
Essential Public
Service
a development that is necessary for the continued health, safety
and/or welfare of people, both residents of the County and visitors
thereto. This includes, but is not limited to, fire stations, post offices,
police stations, emergency medical stations, governmental
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offices/agencies, large-scale public hospitals, buildings and
structures essential to the operation/maintenance of public utilities
and infrastructure.
Excavation
to dig a hole or cavity on a parcel of land by removing soil from the
ground.
Existing Building Site
for parcels of land on which the principal use is residential, the
position on a parcel of land at which the existing or principal
dwelling and associated accessory buildings are located; and, for
parcels on which the principal use is agricultural, includes the area
generally described as a farmstead or yard, sometimes partially or
entirely enclosed by shelter belt.
Existing Residence
and Other Related
Improvements
a detached (single) dwelling unit that is in good repair, is suitable for
human habitation, with its own existing services including but not
limited to a potable water supply and sewage disposal, and that has
legal and physical access satisfactory to the County and may include
accessory buildings and shelter belt up to a maximum site area of
3.0 hectares (7.41 acres).
Farm Subsidiary
Business
a business for an occupation, trade, profession or craft approved in
accordance with this Bylaw to be carried out on the parcel as a use
secondary and subordinate to the agricultural use. This shall not
include a Cannabis Production Facility.
Farmer's Market
a market which has a primary use of selling goods produced in
agricultural operations. A farmer's market should operate on a
regular, but temporary basis and can include the use of a building,
structure, lot, portable washrooms and displays for the purpose of
selling any or all the following: produce, meat, fish, seafood, grains,
baking, flowers and crafts. A farmer's market may also include
temporary retail of other goods and the sale of food to be consumed
within the premises of the farmer's market. The sale of Cannabis is
excluded from this use.
Farmstead
a single improved building site on a parcel of land used for farming,
and served by a common electrical power transformer, and
containing a habitable dwelling and may include other dwellings,
various accessory buildings, improvements and a shelter belt.
Fence
a physical barrier constructed to prevent unauthorized access,
provide sound attenuation, define property boundaries, control
animal movements or minimize sightlines.
Fishpond
a man-made water feature created for aesthetic purposes as a
component of a lot's landscaping. All water bodies that have a
constructed depth of less than 1.0 m (3.28 ft) may be considered a
fishpond. It is not to be used for stormwater management purposes.
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Flood Fringe
the land along the edges of the flood risk area that has relatively
shallow water (less than 1m deep with lower velocities (less than 1m
per second).
Floodway
the area within which the entire design flood can be conveyed while
meeting certain water elevation rise, water velocity and water depth
criteria. Typically, the floodway includes the river channel and some
adjacent overbank areas.
Floodplain
land adjacent to a water body that is subject to periodic flooding.
Also known as flood prone lands. It includes both the flood fringe
and floodway. A 1:100-year floodplain, which results from a flood
having a 1 percent chance of being equalled or exceeded in any
given year, is used for proposed developments. In the absence of
information that identifies the 1:100-year floodplain elevation, the
best available data, as determined by a qualified professional able to
perform a flood hazard mapping study, must be used to establish the
historic high-water level for a water body.
Floor Area
the total area of every room and hallway contained in a building, but
does not include the basement, any garage or portion of the building
that is not enclosed, such as an open porch or patio.
Foundation
the lower portion of a building, usually concrete, masonry, or
preserved wood and includes footings that transfer the weight of,
and loads on, a building to the ground.
Frontage
the total length of land that is adjacent to a road right-of-way.
Funeral Home
a place that is utilized for the dead to be prepared for burial or
cremation.
Game Farm
a farm or agricultural operation where wildlife species are raised to
stock wildlife areas for hunting and/or where wildlife species are
raised and then utilized for a variety of consumer products.
Golf Course
an area of land laid out for the sport of golf with a series of 9 or 18
holes each including tee, fairway, and putting green and often one or
more natural or artificial hazards. This use may include a driving
range, putting greens and other associated uses such as a clubhouse,
restaurant and pro shop.
Greenhouse - Public
a building specially designed and used for the growing of vegetables,
fruit or herbs, flowers and other plants for transplanting or for
commercial purposes, excluding cannabis production facilities. This
use includes wholesale distribution to locations off-site and may
include displays and sale areas of goods or products raised on site.
Also known as a nursery.
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Gross Floor Area
the sum of floor area of the building or structure, contained within
the outside surface of the exterior and basement walls including all
floors, basements, and other intermediate floor spaces and
excluding overhanging siding.
Hamlet
an unincorporated community consisting of five or more buildings as
dwellings, a majority of which are on parcels of land smaller than
1,850 square metres, has a generally accepted boundary and name,
and contains parcels of land that are used for non-residential
purposes.
Height
the vertical distance measured from the average building grade to
the highest point of a building or structure.
Health Care Services
a development where the principal use provides medical and
healthcare services for inpatient and/or outpatient care for the
public. Typical uses include comprehensive health centers, urgent
care centers and other smaller-scale medical offices. This
development type includes, but is not limited to, doctor and dentist
offices, health care clinics, health services laboratories, health
diagnostics services, medical cannabis counselling services,
chiropractic offices, massage therapy, physiotherapy, psychiatric and
psychological counselling services, or other similar services, as
determined by the Development Authority. Typical Accessory Uses
include, but are not limited to, the sale of pharmaceuticals,
supplements, medical supplies, or other items related to the services
provided by the use. For full-service public hospitals, see Essential
Public Service definition. This use does not include uses related to
rehabilitation or detoxification or temporary dwelling uses related to
substance addiction or other medical-related issues.
Highway
a provincial highway pursuant to the Highways Development and
Protection Act, S.A. 2004 Chapter H-8.5
Holiday Trailer
a vehicle used for recreational purposes for short-term stays. See
Recreation Vehicle definition.
Home Occupation -
Major
the secondary use of a principal dwelling, its accessory structures
and site, or combinations thereof, by at least one permanent
resident of the dwelling to conduct a business activity or occupation,
and which creates additional traffic and may have non-resident
employees.
Home Occupation -
Minor
a secondary use of a principal dwelling or an associated accessory
building utilized by at least one resident of the dwelling to conduct a
business or activity or occupation. It does not include any non-
resident employees. The use has no additional external impact, or
potential nuisance impacts on adjacent residential dwellings.
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Home Sales Center
a temporary structure used for the sale of homes within an approved
Subdivision. It is for commercial purposes and not to be used as a
residential dwelling and typically temporary in nature or with future
plans to be repurposed to a community building/amenity.
Horizontal Axis Rotor
a wind energy conversion system where the rotor is mounted on an
axis parallel to the earth's surface.
Hostel
a building or group of buildings offering, for a fee, modest comforts
for supervised shelter or overnight lodging and often includes a
communal kitchen but does not include a hotel or motel.
Hotel
a development used for the provision of rooms or suites for
temporary sleeping accommodation for daily, weekly, or monthly
rates to the general public and may be equipped with individual
kitchen facilities, and may include accessory food and beverage
service facilities, meeting rooms, personal service shops, recreation
and general retail shops. This use category also includes motels,
cabins, resorts and other leisure-focused destinations for
commercial purposes where overnight accommodations is the main
purpose of the development.
Illegal Development
any construction or land use that violates the County's Land Use
Bylaw, requiring a Development Permit for any new development,
use, or building.
Integrated Recreation
/ Tourist Resort
a commercial development which offers a combination of fixed roof
(i.e. permanent structure) guest accommodation and/or recreational
and wellness opportunities. The resort may be located to benefit
from specific natural or built amenities and generally includes dining
and beverage facilities, meeting rooms, concessions, pro-shops and
picnic areas.
Industrial - Heavy
the use of land, buildings and/or structures for an industrial activity
that creates significant adverse impacts beyond the boundaries of
the site for which the associated activity takes place due to
appearance, emission of contaminants, noise, odour, traffic volume,
fire, explosive hazards or dangerous goods.
Characteristics of Industrial, Heavy may include:
a) moderate to extensive open storage or stockpiling of raw
materials, vehicles and machinery that maybe partly or wholly visible
off the site
b) significant noise in the general operations of the use
c) potential exposure of the environment to chemicals and other
forms of pollution from the general operations of the use
d) Hazardous Industry.
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Industrial - Light
the use of land, buildings and/or structures for an industrial activity
that creates no adverse impacts beyond the boundaries of the site
for which the associated activity takes place due to appearance,
emission of contaminants, noise, traffic volume, odour, smoke and
fire. The activities and uses are carried on fully within an enclosed
building.
Characteristics of Industrial, Light:
a) no open storage is permitted
b) may have a retail or wholesale component that is subordinate to
the principal use
c) nuisance factors do not extend outside of an enclosed building
d) no hazardous industry present
Industrial - Medium
the use of land, buildings and/or structures for an industrial activity
that creates adverse impacts beyond the boundaries of the site for
which the associated activity takes place due to appearance,
emission of contaminants, noise, traffic volume, odour, fire,
explosive hazards or dangerous goods.
Characteristics of Industrial, Medium may include:
a) light to moderate open storage, but screened with fencing and/or
landscaping
b) may have a retail or wholesale component that is subordinate to
the principal use
c) moderate nuisance factors may extend past the boundaries of the
site
d) potential for a moderate degree of hazardous industry
Industrial Training
Service
a development that provides for technical instruction to students
and/or the training of personnel in commercial businesses and/or
industrial operations. It may include slight off-site nuisances related
to training such as smoke, noise, smell etc.
Intensive Agriculture
See Confined Feeding Operation definition
Intermunicipal
Development Plan
(IDP)
a statutory plan pursuant to the MGA.
Internal Road
a road located off a road allowance intended to serve a subdivision
or development or a road declared by the Development Authority to
be an internal road.
Kennel
a premise in which four or more dogs and/or cats over six months in
age are maintained, boarded, bred, trained or cared for in return for
remuneration or kept for purposes of sale. This does not include
animals such as barn cats or pets kept for personal use.
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Kitchen
a place or room with cooking facilities where food is prepared and
cooked and includes a stove.
Land
the aggregate of one or more areas of land described in a certificate
of title issued by the Land Titles Office.
Land Titles Office
an Alberta Land Titles Registries Office.
Land Use Bylaw
is a set of regulations established by a municipality to govern how
land within its jurisdiction can be used and developed. See Bylaw
definition.
Land Use District
often referred to as a zone, is a geographical area within a
municipality or region where specific types of land uses, such as
residential, commercial, or industrial, are permitted, regulated, and
established pursuant to this Bylaw.
Land and Property
Rights Tribunal (LPRT)
the Land and Property Tribunal as established under the Land and
Property Tribunal Act.
Landscaped Area
an area of land made attractive and desirable by the use of any or all
of the following: grass, trees, shrubs, ornamental plantings, fences,
walls and associated earthworks. It does not include areas occupied
by garbage containers, storage, parking lots or driveways.
Lane
a public thoroughfare which provides a secondary means of access
to a parcel or parcels and is registered in a land titles office as road
right-of-way. It is typically in the rear of a parcel and smaller in width
than the primary access road. Commonly known as an alley.
Licensed Premise
all areas associated with the operations of the licensee, including,
but not limited to; areas liquor may be sold or consumed, and any
storeroom, lobby, kitchen, hallway or other service areas used by the
licensee in support of the areas where liquor may be sold or
consumed. A Licensed Premise may include any premises licensed by
AGLC.
Livestock
may not be restricted to, bison, buffalo, elk cattle, horses, sheep,
goats, swine and domestic fowl.
Livestock Sales Yard
an enclosed area of land, with or without accessory buildings or
structures, upon which livestock are collected and marketed usually
by public auction.
Loading Space
an off-road parking space on the same parcel as a building or group
of buildings for the temporary parking of a commercial vehicle to
unload and/or load commodities for a business on that parcel.
Lot
a) a quarter-section
b) a part of a parcel of land described in a certificate of title if the
boundaries of the part are described in a certificate of title by
reference to a Plan of Survey; or
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c) a part of a parcel of land described in a certificate of title if the
boundaries are a part described in the certificate of title (i.e. a
Descriptive Plan or description on a certificate of title) other than by
reference to a Plan of Survey.
Lot Area
the area of a parcel or lot described in metric or imperial measure.
Lot Coverage
the area of a lot/parcel that is covered by buildings, structures and
other impervious surface cover. Lot coverage is measured by
calculating the percentage of the entire lot/parcel that is covered by
impervious surfaces.
Manufactured Home
Park
a parcel comprehensively designed, developed, operated and
maintained to provide sites and facilities for the placement and
occupancy of three or more manufactured homes on a long-term
basis, but shall not be deemed to include industrial and construction
camps of a temporary nature.
Megawatt or MW
output according to the maximum rated capacity of the
manufactures name plate. 1,000,000 watts.
Micro-Brewery
the small-scale production of beer. It may also include on-site
consumption and sales in accordance with AGLC regulations. See
Alcohol Production definition.
Micro-Hydro
a type of hydroelectric power that typically produces up to 100 kW
of electricity using the natural flow of water. These installations can
provide power to an isolated home or small community or are
sometimes connected to electric power networks.
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Motel
typically, one to two-storey temporary lodging where all rooms are
accessed from an exterior doorway. See Hotel definition.
Municipal
Development Plan
(MDP)
a statutory plan pursuant to the MGA.
Municipal
Government Act
(MGA)
the Municipal Government Act (MGA), Revised
Statutes of Alberta, 2000, Chapter M-26 and amendments thereto as
approved by the Province of Alberta.
Municipal Planning
Commission (MPC)
the Municipal Planning Commission appointed by Council pursuant
to the MGA with the authorities outlined in this Bylaw.
Municipal Tag
a formal notice issued by the County to indicate a violation of this
Bylaw.
Natural Landscape
landscape, created by biological, geological climatological forces,
now altered by cultural activities.
Natural Resources
Conservation Board
(NRCB)
is responsible for reviews of proposed major natural resource
projects, and for the regulation of confined feeding operations in
Alberta.
Nuisance
anything that is obnoxious, offensive or interferes with the use or
enjoyment of property, endangers personal health and safety, or is
offensive to the senses. This could include that which creates or is
liable to create a nuisance through emission of noise, smoke, dust,
odour, heat, light, fumes, vibration, fire or explosive hazard; results
in the unsightly or unsafe storage of goods, garbage, waste or other
material.
Occupant
an individual or other party who occupies Land or a Building
pursuant to a lease, license, contract, or other agreement with or
authorization from the Owner;
Office
an enclosed building or set of buildings to house the administrative
activities of an operation that are primarily of a management,
administrative, consulting or financial services purpose. Typical uses
would include the offices of lawyers, accountants, engineers,
architects, real estate, insurance, clerical, secretarial, small-scale
medical, telephone answering or office support services. This use is
where the primary use of the site is office-related. Accessory-office
related uses to a primary use would be included within that use
definition.
Officer
a Bylaw Officer, Peace Officer, Provincial Sheriff or member of the
Royal Canadian Mounted Police.
Open Space
reserve lands and/or other lands to be kept in an undeveloped state
and preserved in that state by way of an easement or other legal
instrument and shall include other recreational uses which may be
authorized by the County.
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Outdoor Theatre
a venue or space where theatrical performances, plays or other
shows take place outdoors, without a roof or enclosed walls. Could
include a drive-in theatre which is a type of cinema where
moviegoers can watch films from their cars in a large outdoor space.
See Recreation Facility - Major definition.
Outfitters
a person or business that sells or rents equipment and supplies for
recreational activities or offers services for outdoor tourism.
Outline Plan
is a blueprint for development. It provides a detailed description of
what a piece of land will look like when it has been fully developed
including land uses, open space networks, treatment of
environmentally sensitive lands, and park space. An Outline Plan also
establishes the framework for infrastructure requirements including
the road network, the servicing of the development, and ensuring
the development will align with County plans, policies, and
standards.
Owner
a) in respect to unpatented land, the Crown
b) in respect of other land, the person(s) or company that is
registered under the Land Titles Act as the owner of the fee-simple
estate in the land, and
c) in respect of any property other than land, the person in lawful
possession of it.
Outdoor Storage
the storage of equipment, goods, raw or processed materials in the
open air and not enclosed within a building or structure.
Over Speed Control
a device which prevents excessive rotor speed within a wind energy
conversion system.
Parcel
See Lot definition
Parking Space
a site intended for the placement (parking) of one automobile or
other vehicle.
Parks - Major
land developed for public recreational activities that may have a
greater impact to the lands or community due to the size of the
development or intensity of use. Uses may include larger buildings,
facilities, or outdoor amenities for passive or active recreation that
have the potential to produce occasional offsite impacts such as
noise or traffic. Typical uses and features may include but not be
limited to children's spray/splash parks, dog parks, outdoor sports
courts, band shells, amphitheaters, interpretive centers, wildlife
sanctuaries, large picnic areas, and includes natural and man-made
landscaping. A broad range of uses may be applied for as permitted
accessory buildings/uses including additional buildings, or
commercial uses such as refreshment kiosks, which serve park users
and are compatible with park objectives.
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Parks - Minor
land developed for public recreational activities that are low
intensity, do not require major buildings, parking or facilities, and
produce minimal traffic or noise impacts. Typical uses and features
may include but not be limited to tot lots, open grassed play areas,
picnic areas, playgrounds, multi-modal paths, natural and man-made
landscaping and public washrooms. A broad range of uses may be
applied for as permitted accessory buildings/uses including small
buildings, additions to playgrounds or low intensity sports
equipment which serve park users and are compatible with park
objectives.
Passive Recreation
land for passive recreational activities that involve leisure activities.
It is for activities focusing on enjoying nature and the environment.
Patio
an uncovered horizontal structure with a surface height, at any
point, no greater than 0.61 m above building grade and intended for
use as a private outdoor amenity space. For uncovered horizontal
structures greater than 0.61m above building grade and intended for
use as a private outdoor amenity space, see the Deck definition.
Peace Officer
an individual employed by the County in the position of peace officer
in accordance with the Peace Officer Act, R.S.A. 2006, Chapter P-3.5.
Permitted Use
the use of land or a building provided for in this Bylaw for which a
Development Permit shall be issued, with or without conditions,
upon an application having been made provided the use conforms
with the provisions of this Bylaw.
Person
any individual, partnership, firm, corporation, municipality,
association, society, political or other group, and the heirs,
executors, administrators or other legal representatives of a Person
to whom the context can apply according to law.
Personal Services
development used to provide personal services to an individual,
related to the care and appearance of the body or the cleaning and
repair of personal effects. Typical uses include, but are not limited to,
hairdressers, spas and massage services, laundromats, tanning
salons, shoe repair shops, and dry-cleaning establishments but do
not include health services or general retail businesses.
Personal Use
Agriculture
agriculture that results in products for the occupants of the land
upon which it is situated.
Powersports
Sales/Service Center
a facility that includes the retail sale, repair and service of
recreational motor vehicles (i.e. all-terrain vehicles, e-bikes
snowmobiles and motorcycles), test track area and/or related
facilities.
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Porch
an entrance structure typically attached to the front or rear sides of
a building at the ground floor entry level, consisting of a roof and a
floor, where the front and sides of the building may or may not be
enclosed by solid walls or windows or unenclosed where the front
and/or sides remain open to the elements. A Porch is considered a
part of the building that it is attached to and must be included in
setback considerations.
Principal Building or
Use
a building or use that, in the opinion of the Development Authority,
is the main purpose for which the building or site is ordinarily used.
There may only be one principal building or use per parcel. Sheds,
garages, shops, home occupations, recreation vehicles, agricultural
pursuits and similar buildings or uses on parcels shall not be
regarded as a principal building or use in a residential land use
district.
Public or Quasi-Public
Use
the use of land or a building or both for purposes of public
administration and service and shall also include a building for the
purpose of assembly, instruction, culture, recreation, religious or
faith-based gathering or other community activity.
Public Utility
a system or works used to provide one or more of the following for
public consumption, benefit, convenience or use (and may be called
a Communal Utility) :
(a) water or steam;
(b) wastewater disposal;
(c) telecommunication;
(d) drainage;
(e) irrigation;
(f) heat;
(g) electric power;
(h) waste management;
(i) street lighting; and
(j) includes any other service that is provided for public consumption
and benefit.
Public Road
see Road definition.
Qualified Consultant
a current and appropriately accredited professional qualified in the
Province of Alberta who will sign and stamp or seal their work.
Rack Site
a location where fuel is stored and distributed, or where equipment
is stored for resource extraction.
Real Property Report
(RPR)
a document prepared by an Alberta Land Surveyor in accordance
with the Alberta Land Surveyors Manual of Standard Practice that
includes but is not limited to items in the Alberta Land Surveyors
Manual of Standard Practice. An RPR illustrates in great detail the
location of significant visible improvements relative to property
boundaries that takes the form of a plan or illustration of the various
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physical features of the property, including a written statement
detailing the surveyor's opinion or concerns.
Reasonable Notice
not less than 48 hours except in the case of an Emergency or
extraordinary circumstance when no notice needs to be given.
Reasonable Time
any time between 8 am and 6 pm on any weekday, with the
exception of statutory holidays, or as otherwise agreed to in writing
by the Owner or Occupant of the subject Land or Building.
Reclamation
restoring the site to its original land use or other equivalent future
land uses in accordance with the approved reclamation plan. This
includes, but is not limited to, replacing the topsoil and establishing
vegetation.
Recreational Vehicle
Storage
an industrial area of land set aside or otherwise defined for the
purpose of storing recreational vehicles, boats, side-by-sides,
snowmobiles, travel trailers, campers, motor bikes, ATV's and other
leisure vehicles. No on-site occupancy, repair, or maintenance of
recreational and/or leisure vehicles is permitted.
Recreation Facility -
Major
a public or private development providing facilities for recreational
entertainment and activities, either indoor or outdoor. Typical uses
may include, but are not limited to, racetracks, go-cart tracks, indoor
golf, pool halls, bowling alleys, swimming pools, hockey rinks, ski
resorts, skating rinks, tennis or pickleball courts, outdoor theatres,
rodeo/exhibition grounds, sports-fields, ski trails and multi-purpose
facilities. This use does not include golf courses, casinos, adult
entertainment, bingo halls, shooting ranges and/or an equestrian
sport-fields.
Recreation Facility -
Minor
a public or private development that provides recreational facilities
that are smaller in scale with lesser impact on the surrounding areas,
either indoor or outdoor. Typical uses may include, but are not
limited to, fitness centres, small playgrounds for child play drop-in,
mini-golf, fitness studios/classes for martial arts and associated uses
and dance studios.
Recreation Vehicle
also known as a holiday trailer. A transportable structure designed
and built primarily for temporary living accommodations for
recreational camping or travelling, which either has its own motor or
is mounted onto or towed by another vehicle such as a motor home,
camper, travel trailer or tent trailer but does not include a
manufactured home. A recreation vehicle does not fall under the
scope of the National Building Code, Alberta Edition, therefore, it
shall not be regarded as a permanent dwelling.
Recycling Depot
a development for collecting, sorting and temporarily storing
recyclable materials, such as bottles, cans, paper, boxes and small
household goods, but does not include automobile-related wrecking
facilities.
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Resource Mining Area the defined area where a non-renewable resource will be extracted.
It should be clearly defined in supporting plans by a Qualified
Consultant.
Restricted Substance
restricted products such as alcohol and cannabis that are not for sale
to minors in the Province of Alberta.
Restricted Substance
Retail
development for the retail sale of restricted products licensed under
the Alberta Gaming, Liquor and Cannabis Act for off-site
consumption, such as retail cannabis stores and liquor stores, or
adult-oriented retail. In accordance with the Alberta Gaming, Liquor
and Cannabis Act, stores that are licensed for cannabis retail sales
shall not be carried out in conjunction with, or accessory, to any
other use.
Retail - Minor
a development used for the retail sale of consumer goods, from
within an enclosed building that is 300m² (3229 sq ft) or less. It does
not include the sale of restricted substances.
Retail - Major
a development used for the retail sale of consumer goods, from
within an enclosed building that is greater than 300m² (3229 sq ft). It
does not include the sale of restricted substances.
Right-of-Way
a corridor of land which has been legally surveyed and filed or
registered in a land titles office and is intended to be used for a
specific purpose such as a road, railway, pipeline, utility, lane or
environmental reserve.
Rotor's Arc
the largest circumferential path travelled by a blade in a wind energy
conversion system.
Road
land shown as a road on a plan of survey that has been filed or
registered in a land titles office or land used as a public road and
includes a bridge forming part of the public road and any structure
incidental to a public road, but does not include a primary highway.
Rural
defined as the areas of the County that are not contained within a
Hamlet or Town boundary.
Salvage Yard
land or building used for the collection, demolition, dismantling,
storage, salvage, recycling or sale of waste materials, including scrap
metal, vehicles, machinery, and other discarded materials.
Safety Codes Act
the Safety Codes Act and any related regulations and Codes.
Sawmill - Minor
a facility where logs are processed and turned into lumber or other
products for commercial purposes and is smaller or equal to 530
square metres in size.
Sawmill - Major
a facility where logs are processed and turned into lumber or other
products for commercial purposes and is greater than 530 square
metres in size.
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Sea-Can
a shipping container, which is a large, reusable steel box originally
used or intended to be used for the transportation of goods, used as
a moveable storage unit. Commonly shortened to C-Can. This does
not include when sea-cans are utilized to construct a principal
building or accessory building.
Securities
also known as security deposit. Means a sum of money held in trust
by the County. Collected in the form of a letter of credit, performance
bond or other form of performance security.
Social Care Facility -
Minor
a place of care for people who are of an advanced age or infirm due
to mental or physical limitations. It includes:
a) a building or a part of a building used for the care, supervision
and/or lodging of a maximum of six (6) individuals under the age of
18, and which does not qualify as a Child Care Facility;
b) a care home or other facility used to provide accommodation to
unemployed or indigent persons;
c) a building or part of a building providing long-term
accommodation for adult care housing where residents are unable
to take care of their daily needs and require assistance. This includes
nursing homes, senior's facilities and group homes.
Social Care Facility -
Major
a place of care for people who are of an advance age or infirm due to
mental or physical limitations. These facilities are larger in scale and
complexity with a number of trained and professional medical staff
on site at all times. It includes:
a) a building or a part of a building used for the care, supervision
and/or lodging and which does not qualify as a Child Care Facility;
b) a care home or other facility used to provide accommodation to
unemployed or indigent persons;
c) a building or part of a building providing long-term
accommodation for adult care housing where residents are unable
to take care of their daily needs and require assistance. This includes
nursing homes, senior's facilities and group homes.
Servicing Standards
Clearwater County's technical requirements that govern site access,
infrastructure design, inspection, testing, construction and transfer
of public works.
Service Station
a commercial establishment for the sale of automotive fuels,
lubricating oils and associated automotive products for vehicles. It
may also include services such as the minor repair of motor vehicles
and routine servicing, excluding automotive specialty and auto body
and paint shop uses. Accessory uses may include a convenience
store, towing service, car wash or the sale of automotive accessories.
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Service Road
a municipal roadway that is intended to provide legal access to
adjacent land or development that removes or eliminates the need
for direct access to the highway.
Setback
the perpendicular distance from a
property line to the nearest point of
the building. Typically, there are
limitations on placement of structures
to not be located within setbacks.
Show Home
a permanent dwelling which is constructed for the purpose of
illustrating to the public the type or character of a dwelling or
dwellings that would be able to be purchased or built in other parts
of a subdivision or new community area. They may contain offices
for the selling of lots or dwellings in the area and are operated on a
temporary basis (up to a maximum of 5 years).
Shooting Range
a firearm shooting range for which all required government
approvals have been issued. Firearms may include, but are not
limited to rifles, guns and bow and arrow. This includes both military
and non-military shooting ranges.
Short Term Rental
the business of offering a dwelling unit, or portion of, for
compensation to persons who are not residents of that dwelling unit
for the stay of 30 days or less.
Sign
an object or device, whether affixed or moveable, and its supporting
structure used for the purpose of advertisement, announcement or
direction. See Section 10 for different types of signs.
Sign Area
the total area within the borders or edges of a sign available for a
message advertising a particular company, product, person or other
matter.
Site Coverage
the total percentage of the site area covered by building(s) or
structures, which are located at or higher than 0.61 metre (2.0 ft)
above grade, including accessory buildings and structures. Any
structures such as decks, paved driveways or patios or other features
that are less than 0.61metre (2.0 ft) above grade do not count as
part of a lot's total site coverage.
Sight Triangle
the triangle formed by a straight line drawn between two points on
the lot lines of a lot from the point where the lot lines intersect.
Please reference Figures 4-8 for reference.
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Solar Collector
a device or a combination of devices, structures, or part of a device
or structure that transforms direct solar energy into thermal,
chemical, or electrical energy and produces power according to the
manufacturer's specifications.
Solar Collection
Facility
a grouping of multiple solar cells and the substation that are capable
of collecting and distributing 1 megawatt or greater of solar energy
for the purpose of transforming it into thermal, chemical, or
electrical energy, and typically will tie-in and feed or sell power to
the provincial energy grid transmission or distribution system. The
use includes any associated solar panels, solar modules, supports or
racks, inverters, electrical transformer or substations required for the
operation.
Solar Collector >
30kW
a grouping of multiple solar cells produces more than 30kW, more or
less, for private consumption, whether it be for a business or
residence.
Solar Collector <
30kW
a grouping of multiple solar cells that are capable of collecting up to
30kW, more or less, for private consumption. A solar collector that
produces less than 30kW is a Permitted Use and does not require
development approval.
Stockpile
an accumulation of resources, goods, materials or raw materials
stored outside in a mound-like formation.
Stop Order
an order issued pursuant to Section 645 of the MGA.
Stripping & Grading
any work, operation or activity that results in a disturbance of the
earth including the removal of topsoil or borrow, borrow pits,
berming, excavating, trenching, backfilling, filling and re-contouring.
Subdivision and
Development Appeal
Board (SDAB)
the Subdivision and Development Appeal Board established by
Council pursuant to the MGA.
Subdivision Authority the person or persons delegated the authority to exercise
Subdivision Authority powers and duties on behalf of the County
pursuant to the MGA.
Substandard Lot
a lot that does not fully conform the parcel size or dimensional
requirements outlined for the land use designation that applies to it.
Telecommunications
Tower
a structure for transmitting or receiving television, radio, telephone,
internet, or other electronic communications, which are federally
regulated and also regulated in accordance with the County's
Telecommunication Antenna System Siting Policy.
Temporary Work
Camp
a residential complex used to house camp workers by various
businesses on a temporary basis. A Temporary Work Camp is usually
made up of several mobile units, clustered in such fashion as to
provide sleeping, eating, recreation, and other basic living facilities.
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The units may be dismantled and removed from the site from time
to time. Federal, Provincial, or municipal work camps are exempt.
Titled Area
An area that can be developed and excludes titles for environmental
reserve, road right-of-way or resource extraction use.
Toe of Bank
the break in slope at the bottom edge or base of a streambank
where it meets the bed and shore of the water body.
Toe of Slope
the bottom, or baseline section of the soil mass comprising the
slope. It is the transition line between the slope where the grade
exceeds 15% and the adjacent lowland area where the grade is less
than 15%.
Top of Bank
is the point where the land surface transitions from a slope towards
the water to a more level terrain, marking the boundary between
the active channel and the surrounding land.
Top of Slope
the transition line between the slope where the grades exceed 15%
and the adjacent upland area where the grade is less than 15%.
Total Height (WECS)
the height from grade to the highest vertical extension of the WECS-
small or the WECS.
Tower (WECS)
the structure which supports the rotor above grade.
Tradesperson's
Business
contractors for plumbing, heating, electrical, carpentry, auto-body,
mechanical, masonry, excavation, construction, trucking and similar
trades-related uses.
Tree Farm
a tree-covered area managed as a business enterprise under a plan
of reforestation that makes continuous production of timber
possible and for landscaping purposes. See Agricultural Operation
definition.
Unsubdivided
Quarter Section
defined pursuant to the definition provided in the Subdivision and
Development Regulation (AR 43/2002).
Use
a use of land or buildings as defined in this Bylaw.
Variance
an alteration or change to a standard prescribed by this Bylaw that
an Approving Authority authorizes.
Verbal Warning
an oral notice informing of a contravention of the MGA, the Land
Use Bylaw or any other enactment Clearwater County is authorized
to enforce. A verbal warning may include a date in which the
contravention is to be remedied, how the contravention is to be
remedied and the enforcement actions that may be taken if the
contravention is not remedied.
Vertical Axis Rotor
a wind energy conversion system where the rotor is mounted on an
axis perpendicular to the earth's surface.
Veterinary Clinic
a clinic for the care and medical treatment of animals.
Violation Ticket
a violation ticket issued pursuant to either Part 2 or Part 3 of the
Provincial Offences Procedures Act.
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Voluntary Penalty
a specific type of ticket issued for minor Bylaw infractions. It allows
the recipient to resolve the matter by paying the specified penalty
without needing a court appearance. If the penalty is paid by the
due date, no further legal action is taken.
Warehouse Sales
a building of at least 900 square metres that is utilized for storage
and sales of products stored at the facility.
Warehouse Storage
using a building and/or site primarily for keeping goods and
merchandise, excluding dangerous or hazardous materials, derelict
vehicles or parts thereof, or any waste material. It includes moving
companies, trucking terminals, inter-modal transfer areas and self-
storage facilities.
Wind Energy
Conversion System
(WECS)
a wind energy conversion system consisting of a wind turbine, a
tower, and associated control or conversion electronics, which has a
rated capacity that is greater than 5 kW, the purpose of which is to
produce wind energy for the commercial market. These are typically
referred to as commercial or industrial wind farms.
Wind Energy
Conversion System -
small (WECS-small)
a wind energy conversion system consisting of a wind turbine, a
tower, and associated control or conversion electronics, which has a
rated capacity that does not exceed the allowable rated capacity of 5
kW, and which will be used primarily to reduce onsite consumption
of utility power.
Wind Power Plant
A group of wind turbines that work together to create electricity.
Written Order - Order
to Remedy
Contraventions
a written notice directing a person to take any action or measure
necessary to remedy the contravention of the MGA or any other
enactment Clearwater County is authorized to enforce, or bylaw as
per MGA s. 545.
Written Order - Order
to Remedy Dangers
or Unsightly Property
a written notice directing a person to eliminate, remove, demolish,
or remedy a structure, development or excavation that is considered
a danger to public safety or that is considered detrimental to the
surrounding area because of its unsightly condition as per MGA s.
546.
Written Order - Stop
Order
a written notice directing a person to stop the development or use of
the land or building, demolish, remove, or replace development, or
carry out any action required so that the development or use of the
land complies with the MGA, the Land Use Bylaw, a Development
Permit, or Subdivision approval as per MGA s. 645.
Written Warning
a written notice informing of a contravention of the MGA, the Land
Use Bylaw or any other enactment Clearwater County is authorized
to enforce. A written warning includes a date in which the
contravention is to be remedied, how the contravention is to be
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Land Use Bylaw - 25/050 - September 9, 2025
remedied and further enforcement actions that may be taken if the
contravention is not remedied.
Yard
a required open space unoccupied and unobstructed by any building
or portion of a building above the general ground level of graded lot,
unless otherwise permitted in this Bylaw.
Yard, Front or Front
Yard
a yard extending across the full width of a parcel from the front
property boundary of the parcel adjacent to a municipal road to the
wall of the building situated on the parcel. In most circumstances,
the front yard is the opposite side of the lot as the rear yard. The
Development Authority also has the discretion to determine the
front yard of a lot depending on unique circumstances and site
conditions.
Yard, Front is used interchangeably with front yard throughout the
Bylaw, and this definition applies to both terms.
Yard, Rear or Rear
Yard
a yard extending across the full width of a parcel from the rear
property boundary of the parcel to the wall of the building situated
on the parcel. In most circumstances, the rear yard is the opposite
side of the lot as the front. The Development Authority also has the
discretion to determine the rear yard of a lot depending on unique
circumstances and site conditions.
Yard, Rear is used interchangeably with rear yard throughout the
Bylaw, and this definition applies to both terms.
Yard, Side or Side
Yard
a yard extending across the length of a parcel from the side property
boundary of the parcel to the wall of the building situated on the
parcel. In most circumstances, the side yard is perpendicular to the
front yard. The Development Authority also has the discretion to
determine the Yard, Side of a lot depending on unique circumstances
and site conditions.
Yard, Side is used interchangeably with side yard throughout the
Bylaw, and this definition applies to both terms.
Zoo
the use of land, a building and/or a structure for keeping live animals
for public exhibition, whether for a fee or not.