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Land Use Bylaw 514-16
Adopted February 12, 2024
Village of Clive Land Use Bylaw
Page 1
LAND USE BYLAW NO. 514-16
TABLE OF CONTENTS
PART 1
PURPOSE AND APPLICABILITY OF THE LAND USE BYLAW ................................. 4
1.1
Purpose of the Land Use Bylaw .............................................................................................................. 4
1.2
When is a Development Permit Required? ....................................................................................... 4
1.3
Developments Not Requiring a Permit ............................................................................................... 5
PART 2
THE DEVELOPMENT AUTHORITY ................................................................................ 9
2.2
The Development Officer .......................................................................................................................... 9
2.3
The Municipal Planning Commission ................................................................................................ 10
PART 3
APPLYING FOR A DEVELOPMENT PERMIT .............................................................. 11
3.1
Purpose of Development Permits ....................................................................................................... 11
3.2
Building Permits vs. Development Permits .................................................................................... 11
3.3
Development Permit Applications ...................................................................................................... 11
3.4
Development Permit Fees ...................................................................................................................... 13
3.5
Incomplete Applications ......................................................................................................................... 13
PART 4
DECISION PROCESS FOR DEVELOPMENT PERMITS ............................................. 17
4.1
Referring Development Permit Applications for Comment ..................................................... 17
4.2
Deciding on Permitted Uses .................................................................................................................. 17
4.3
Deciding on Discretionary Uses ........................................................................................................... 19
4.4
Granting Relaxations ................................................................................................................................ 20
4.5
Time Limits ................................................................................................................................................... 21
4.6
Notification of Decision ........................................................................................................................... 21
4.7
Effective Date of a Development Permit........................................................................................... 21
4.8
Cancellation or Expiry of a Development Permit ......................................................................... 22
4.9
Appeals ........................................................................................................................................................... 23
4.10
Re-Application for a Development Permit ...................................................................................... 25
PART 5
LAND USE DISTRICT REGULATIONS ........................................................................... 26
5.1
Establishment of Land Use Districts .................................................................................................. 26
5.2
LOW DENSITY RESIDENTIAL DISTRICT (R-1) .............................................................................. 27
5.3
GENERAL RESIDENTIAL DISTRICT (R-2) ........................................................................................ 28
5.4
MODULAR HOME DISTRICT (R-3) ...................................................................................................... 31
5.5
RESIDENTIAL SMALL HOLDINGS DISTRICT (RSH) ..................................................................... 33
Village of Clive Land Use Bylaw
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5.6
COMMERCIAL DISTRICT (C) ................................................................................................................. 35
5.7
LIGHT INDUSTRIAL DISTRICT (I) ....................................................................................................... 37
5.8
PUBLIC RECREATION DISTRICT (PR) ............................................................................................... 38
5.9
URBAN RESERVE DISTRICT (UR) ....................................................................................................... 40
PART 6
SUPPLEMENTARY REGULATIONS ............................................................................... 41
BUILDINGS ............................................................................................................................................................ 41
6.1
Accessory Buildings .................................................................................................................................. 41
6.2
Number of Buildings on a Parcel ......................................................................................................... 43
6.3
Relocation of Buildings ............................................................................................................................ 43
6.4
Modular Homes .......................................................................................................................................... 44
6.5
Building Demolition .................................................................................................................................. 45
6.6
Building Orientation and Design ......................................................................................................... 45
6.7
Temporary Buildings ................................................................................................................................ 46
YARDS ...................................................................................................................................................................... 46
6.8
Projections Over Yards ............................................................................................................................ 46
6.9
Objects Prohibited or Restricted in Yards ....................................................................................... 47
6.10
Laneless Subdivisions .............................................................................................................................. 48
6.11
Fences and Screening ............................................................................................................................... 48
VEHICLES ............................................................................................................................................................... 49
6.12
Parking ........................................................................................................................................................... 49
6.13
Loading Spaces ............................................................................................................................................ 51
6.14
Sight Lines at Intersections of Roadways ........................................................................................ 52
6.15
Sight Triangles at Road and Rail Intersections .............................................................................. 53
SIGNS ....................................................................................................................................................................... 54
6.16
Applying for a Sign Permit ..................................................................................................................... 54
6.17
General Sign Provisions ........................................................................................................................... 54
6.18
Signs Not Requiring a Permit ................................................................................................................ 55
6.19
Fascia and Projecting Signs .................................................................................................................... 56
6.20
Freestanding Signs and Billboards ..................................................................................................... 56
6.21
Portable Signs .............................................................................................................................................. 57
6.22
Awning Signs ............................................................................................................................................... 57
6.23
Other Signs .................................................................................................................................................... 58
6.24
Sign Removal ............................................................................................................................................... 58
MISCELLANEOUS ................................................................................................................................................ 58
6.25
Non-Conforming Buildings and Uses ................................................................................................. 58
6.26
Dangerous Goods ....................................................................................................................................... 59
6.27
Home Occupations ..................................................................................................................................... 59
6.28
Keeping of Livestock ................................................................................................................................. 60
6.29
Mechanized Excavation, Stripping and Grading of Parcels ...................................................... 61
6.30
Development in Proximity to Oil and Gas Wells ........................................................................... 61
6.31
Development Setbacks From Landfills and Waste Sites ............................................................ 61
6.32
Provincial Land Use Policies.................................................................................................................. 62
6.33
Secondary Suites in Residential Districts ........................................................................................ 62
Village of Clive Land Use Bylaw
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6.34
Garden Suites ............................................................................................................................................... 62
6.35
Garage Suites ............................................................................................................................................... 63
6.36
Bed and Breakfast Establishments ..................................................................................................... 64
6.37
Drinking Establishments ........................................................................................................................ 64
6.38
Drive Through Businesses ..................................................................................................................... 65
6.39
Guidelines for Other Land Uses ............................................................................................................ 66
6.40
Solar Energy Collectors ........................................................................................................................... 66
6.41
Outdoor Storage ......................................................................................................................................... 66
PART 7
ENFORCING THE LAND USE BYLAW .......................................................................... 68
7.1
Contravention and Enforcement ......................................................................................................... 68
7.2
Offences and Penalties ............................................................................................................................. 69
PART 8
AMENDING THE LAND USE BYLAW ........................................................................... 71
8.1
Initiating an Amendment ........................................................................................................................ 71
8.2
Processing an Amendment .................................................................................................................... 71
PART 9
DEFINITIONS ..................................................................................................................... 75
SCHEDULE A - Land Use District
Map..................................................................................69
Village of Clive Land Use Bylaw
Page 4
PART 1
PURPOSE AND APPLICABILITY OF THE LAND USE BYLAW
1.1
Purpose of the Land Use Bylaw
(1)
The purpose of this Bylaw is to, amongst other things
(a)
establish the office of the Development Officer;
(b)
divide the municipality into Districts;
(c)
prescribe and regulate the use for each District;
(d)
establish a method of making decisions on applications for Development
Permits including the issuing of Development Permits;
(e)
provide the manner in which notice of the issuance of a Development Permit
is to be given; and
(f)
implement the statutory plans of the Village of Clive.
(2)
This Bylaw may be cited as "The Village of Clive Land Use Bylaw"
(3)
If one or more provisions of this Land Use Bylaw are for any reason declared to be
invalid, it is intended that all remaining provisions are to remain in full force and
effect.
(4)
All measurements in this Bylaw are metric. Imperial equivalents are provided for
convenience only and have been rounded to the nearest whole number.
(5)
Compliance with the requirements of this Land Use Bylaw does not exempt any
person from:
(a)
the requirements of any federal, provincial or municipal legislation; and
(b)
complying with any easement, covenant, agreement or contract affecting the
Development.
(c)
the obligation to obtain any other permit, license or other authorization
required by this or any other bylaw.
1.2
When is a Development Permit Required?
(1)
Except as provided for in Section #1.3 - Developments Not Requiring a Permit, a
Development Permit application must be approved, and a Development Permit
obtained prior to commencing or continuing any development.
(2)
Any Development carried out within the municipality shall be done in accordance
with this Bylaw regardless of whether a permit is required or not.
Village of Clive Land Use Bylaw
Page 5
1.3
Developments Not Requiring a Permit
(1)
The following types of Development do not require a Development Permit; however,
they must still comply with this Bylaw:
(a)
the carrying out of works of improvement, maintenance or renovation to any
Building provided that such works do not include Structural Alterations or
additions, or change the use or intensity of the Use of the Building;
(b)
the completion of any Development which has lawfully commenced before the
passage of this Land Use Bylaw or any amendment thereof, provided that the
Development is completed in accordance with the terms of any permit
granted in respect of it, and provided that it is completed within twelve (12)
months of the date of commencement;
(c)
the Use of any such Development as is referred to in Subsection (b) for the
purpose of which Development was commenced;
(d)
the construction or placement of one Accessory Building on a residential
parcel, provided such Building does not exceed 9.3 m2 (100 ft2) in floor area,
3.0 m (10 ft) in height and complies with all other requirements for Accessory
Buildings including section #6.1 - Accessory Buildings ;
(e)
the erection or construction of gates, fences, walls or other means of
enclosure less than 1.22 m (4 ft) in height in front yards and less than 2 m (7
ft) in other yards, and the maintenance, improvement and other alterations of
any gates, fences, or walls or other means of enclosure provided such
structures are in compliance with section #6.11 - Fences and Screening;
(f)
a Temporary Building, the sole purpose of which is incidental to the carrying
out of a Development for which a permit has been issued under this Bylaw
and that the Building is removed once Development is complete or upon
expiry of the Development Permit, whichever is sooner;
(g)
patios and decks less than 0.6 m (2 ft) above grade;
(h)
a temporary use of a parcel not exceeding six (6) months for the sole purpose
of Mobile Commercial Sales (e.g. fish trucks, fruit trucks, etc.), provided the
location of the business is to the satisfaction of the Development Officer;
(i)
the erection of one unilluminated Sign of the following nature and size for
each Use within a Building or on a Parcel, provided such Signs do not
resemble or conflict with traffic Signs and must comply with the regulations of
this bylaw:
Village of Clive Land Use Bylaw
Page 6
(i)
a Fascia Sign for the purpose of identification, direction and warning
not exceeding 0.2 m² (2.15 sq. ft.),
(ii)
a Fascia Sign relating to a person, partnership or company carrying on
a profession, business or trade not exceeding 0.3 m² (3.23 sq. ft.),
(iii)
a Fascia or Freestanding Sign relating to a religious, educational,
cultural, recreational or similar institution, or to an Apartment not
exceeding 1 m² (10.76 sq. ft.),
(iv)
a Portable Sign or notice, relating to the sale or lease of land or
Buildings, sale of goods or livestock by auction, carrying out of
construction, or the announcement of any local event of a religious,
educational, cultural, political, or governmental nature not exceeding
3.0 m² (32.29 sq. ft.) and limited in display to the period of completion
of the sale, lease, construction or event,
(v)
a flag attached to a single upright flagpole.
(j)
the installation, maintenance and repair of public utilities;
(k)
any Development carried out by or on behalf of the Crown but not including
that carried out by or on behalf of a Crown Corporation;
(l)
any Development carried out by or on behalf of the municipality provided that
such Development complies with all applicable provisions of this Land Use
Bylaw;
(m)
Development specified in Section 618 of the Municipal Government Act, which
includes:
(i)
a highway or road,
(ii)
a well or battery within the meaning of the Oil and Gas Conservation
Act,
(iii)
a pipeline or an installation or structure incidental to the operation of
a pipeline, or
(iv)
any other action, person, or thing specified by the Lieutenant
Governor in Council by regulation.
(n)
one satellite dish antenna, less than 1 m (3 ft) in diameter, per parcel
provided it is not located on the front façade of the principal Building and, in
the opinion of the Development Officer, does not materially affect the
enjoyment of property by neighbouring landowners; and
(o)
demolition of a Building less than 56 m² (603 ft2).
(p)
the stripping or stockpiling of soil, installation of utilities and construction of
roads in a subdivision area where a Development Agreement has been duly
executed;
Village of Clive Land Use Bylaw
Page 7
(q)
the use of a Building or part thereof as a temporary polling station,
candidate's campaign offices or any other temporary official use in
connection with a federal, provincial or municipal election, referendum or
census;
(r)
the construction, maintenance and repair of private walkways, paths,
Driveways, patios, and unenclosed decks;
(s)
landscaping which does not include the construction of water features, or
increases surface run off rates and/or the volume of drainage off the
property, or changes the grade of the property at any property boundary;
(t)
the construction of retaining walls less than 1 m (3 ft.) in height and where all
surface drainage remains on the same property as the retaining walls;
(u)
a shipping container on a parcel in an industrial district;
(v)
demolition of 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 implicit and final site conditions have been
addressed in that permit;
(w)
installation of Solar Collectors attached to a wall or a roof surface of a
principal or Accessory Building;
(x)
Home occupations - class 1 minor which are essentially office only
operations that generate no client traffic, have no additional employees,
have no outside storage, and have obtained a business license from the
Village.
1.4
Rules of Interpretation
(1)
Words used in the present tense include the other tenses and derivative forms.
Words used in the singular include the plural and vice versa. Words used in the
masculine gender shall also mean the feminine gender and the neuter. Words have
the same meaning whether they are capitalized or not.
(2)
Words, phrases, and terms not defined in this Land Use Bylaw may be given their
definition in the Municipal Government Act, Matters Related to Subdivision and
Development Regulation or the Alberta Building Code. Other words shall be given
their usual and customary meaning.
(3)
The words "shall" and "must" require mandatory compliance except where a
variance has been granted pursuant to this Land Use Bylaw.
(4)
Where a specific use does not conform to the wording of any use definition or
generally conforms to the wording of two or more use definitions, the Development
Authority may, using discretion, deem that the use conforms to and is included in
that use class considered to be the most appropriate in character and purpose
Village of Clive Land Use Bylaw
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provided that the specific use is substantially similar in nature, character and impact
as the other uses listed in the use class. In such case, the use shall be considered a
Discretionary Use, whether or not the use class is listed as permitted or
discretionary within the District.
(5)
Imperial equivalents are provided beside every metric value in this Land Use Bylaw
for convenience. Such equivalents are rounded to the nearest whole number. The
metric value is the actual standard to be used.
Village of Clive Land Use Bylaw
Page 9
PART 2
THE DEVELOPMENT AUTHORITY
2.1
The Development Authority is:
(a) The Development Officer while carrying out his or her functions or duties under this
Bylaw and/or the Act.
(b) The Municipal Planning Commission while exercising development powers or duties
under this Bylaw and/or the Act; or
(c) The Council, where the context of this Bylaw permits in Direct Control Districts.
2.2
The Development Officer
(1)
The office of the Development Officer is hereby established, and such office shall be
filled by a person (s) to be appointed by resolution of Council.
(2)
The Development Officer shall:
(a)
review Development Permit applications to determine its appropriate use
definition and, if necessary, require the applicant to apply for a permit for a
different use or apply to amend this Bylaw;
(b)
receive, consider and may decide upon applications for a Development Permit
with respect to permitted uses in the subject land use district including
attaching any terms and conditions deemed necessary;
(c)
refer any applications for discretionary uses to the Municipal Planning
Commission for a decision;
(d)
at their discretion, refer to the Municipal Planning Commission, for its
consideration, any Development Permit application;
(e)
Issue decisions and if necessary, state terms and conditions for Development
Permit applications for those uses listed as permitted uses in the subject land
use district;
(f)
provide notice of decisions on Development Permit applications in accordance
with the notification requirements of this Bylaw (section #4.6);
(g)
keep a register of all applications for Development, including the decisions
made on each application and the accompanying reasons;
(h)
keep and maintain for the inspection of the public during all reasonable hours,
a copy of this Bylaw and all amendments made to it;
(i)
prepare such forms and notices deemed necessary to administer this Bylaw
with such forms and notices deemed to have the full force and effect of this
Village of Clive Land Use Bylaw
Page 10
Bylaw in the execution of the purpose for which they were designed,
authorized and issued;
(j)
Receive, consider and decide on requests for time extensions for Development
Permits which have been issued;
(k)
Carry out enforcement of this Bylaw, and such other duties as may be
prescribed in this Bylaw, and other administrative duties.
(3)
Notwithstanding 2.1 (2)(c) above and provided the application for a Development
Permit complies in all respects with the regulations of this Bylaw, the Development
Officer may approve an application for the following discretionary uses:
(a)
Building Demolition
(b)
Home Occupations - Class 2 Major
(c)
Secondary Suites.
(d)
Garage Suites (Amended by Bylaw #532-19)
(e)
Garden Suites (Amended by Bylaw #532-19)
(f)
Shipping Container (Amended by Bylaw #532-19)
(g)
Signs (Amended by Bylaw #532-19)
(h)
Temporary Buildings (Amended by Bylaw #532-19)
2.3
The Municipal Planning Commission
(1)
The Municipal Planning Commission, established by Bylaw No. 402-95, shall:
(a)
issue decisions on Development Permit applications referred to it by the
Development Officer; including attaching any terms and conditions deemed
necessary to achieve compliance with this Bylaw; and
(b)
consider and if necessary, state terms and conditions or provide direction on
any other planning or Development matter referred by the Development
Officer; and
(c)
perform such additional duties as are described in Bylaw No. 402-95;
(d)
make recommendations to Council on planning and development matters.
Village of Clive Land Use Bylaw
Page 11
PART 3
APPLYING FOR A DEVELOPMENT PERMIT
3.1
Purpose of Development Permits
(1)
Development Permits are required in order to:
(a)
ensure that private and public Development is achieved in an orderly manner;
(b)
allow neighbours and other members of the Village the opportunity to provide
comments on a particular Development; and
(c)
Implement the vision and policies of the Village's long-range plans including:
(i)
The Intermunicipal Development Plan;
(ii)
The Municipal Development Plan; and
(iii)
Any Area Structure Plans, Area Redevelopment Plans or Outline Plans
in effect.
3.2
Building Permits vs. Development Permits
(1)
A Development Permit is not a Building Permit. Development permits indicate
compliance with this Bylaw whereas Building Permits indicate compliance with the
Alberta Building Code.
3.3
Development Permit Applications
(1)
An application for a Development Permit shall be submitted to the Development
Officer and shall consist of:
(a)
a completed and signed Development Permit application form;
(b)
two copies of a site plan, drawn to scale that shows the following:
(i)
north arrow and scale of the plan;
(ii)
legal description of the property (lot, block and plan);
(iii)
municipal address
(iv)
property lines shown with dimensions;
(v)
location and dimensions of all existing and proposed Buildings and
their distance from the property lines (setbacks);
(vi)
location and dimensions of any other proposed improvements to the
lot including parking, decks, patios, fences, retaining walls, storage
areas, distribution of storm water runoff and lot services (water,
septic);
(vii)
location of all registered utility easements and right-of-ways; and
(viii)
area calculations of entire site; principal and Accessory Buildings and
their percent coverage of site; parking stalls; and landscaping.
Village of Clive Land Use Bylaw
Page 12
(c)
building floor plans drawn to scale;
(d)
two copies of the Building(s) elevations, drawn to scale, showing all sides and
indicating Building Height, exterior finishing materials and colours;
(e)
a statement of existing and proposed uses for the entire lot;
(f)
a copy of the Certificate of Title to the land and, if the applicant is not owner, a
statement of the applicant's interest in the land together with the written
consent of the owner to the application;
(g)
the estimated commencement and completion date;
(h)
the estimated cost of the project or contract price; and
(i)
such other plans and information as the Development Authority may consider
necessary to properly evaluate the proposed Development.
(2)
Where demolition of a Building requires a Development Permit, such a permit
requires the applicant to provide details indicating:
(a)
how the demolition will be carried out including a plan for disposal of
materials; and
(b)
how the parcel will be reclaimed.
(3)
Upon receipt of an application the Development Authority shall within 20 days
determine whether the application is complete. An application is complete, if in the
opinion of the Development Authority, the application contains the documents and
other information necessary to review the application. The 20-day timeline may be
extended if agreed upon in writing between the applicant and the Development
Authority. (Amended by Bylaw #522-18)
(4)
If the Development Authority deems a development permit application to be
complete, the Development Authority shall issue a letter to the applicant indicating:
(a)
The date the application was received and deemed complete,
(b)
Confirmation the Development Authority will begin processing the
application, and
(c)
The date the 40 days to process the application expires. (Amended by Bylaw #522-18)
(5)
The Development Officer may deal with an application and make a decision without
all of the information required by this section, if it is the opinion of the Development
Officer that a decision on the application can be properly made without such
information.
Village of Clive Land Use Bylaw
Page 13
3.4
Development Permit Fees
(1)
Each application for a Development Permit shall be accompanied by a non-returnable
processing fee, the amount of which shall be determined from time to time and
established by Council and set out in the Village of Clive's Master Rates & Fees Bylaw
#515-17, as amended.
(2)
Commencing Development without a permit, where one is required in accordance
with this Bylaw, shall be subject to a fine of double the permit fee that would be
required for the Development being undertaken.
3.5
Incomplete Applications
(1)
If the Development Authority determines an application is incomplete, the
Development Authority shall issue a notice in writing to the applicant, indicating the
following:
(a)
The application is considered incomplete,
(b)
A detailed list of the outstanding documents and/or information required by
the Development Authority in order for the application to be considered
complete,
(c)
The date which the required outstanding documents and/or information must
be submitted to the Development Authority, as either set out in the notice, or
as agreed upon between the applicant and Development Authority, prior to
the expiry of the 20-day review period. (Amended by Bylaw #522-18)
(2)
Additional information the Development Authority may request for a development
permit application includes, but is not limited to:
(a)
Hosting a public meeting in the community and submitting a record of the
meeting and summary of input;
(b)
Traffic Impact Assessment to determine possible effects of the development
on the transportation and traffic system;
(c)
Environmental Site Assessment to identify potential site contamination;
(d)
Noise Impact Assessment to examine the noise emitted from the facility;
(e)
Lighting Impact Assessment to determine the potential light impact to
adjacent properties during construction and operation of the site;
(f)
Sun Shadow Impact Study to determine the impact of development in terms of
sun and daylight access to surrounding property;
(g)
Servicing Study to assess the capacity of municipal servicing to accommodate
Village of Clive Land Use Bylaw
Page 14
future development;
(h)
Geotechnical Assessment of the site for design of structures;
(i)
Real Property Report illustrating locations of property improvements relative
to property boundaries;
(j)
Flood proofing assessment of the development if it is located in a flood prone
area;
(k)
Slope Assessment to assess the safe design of a slope;
(l)
Risk Assessment for hazards associated with the use or storage on site;
(m)
CPTED Analysis to analyse the built form in reducing the incidence of crime;
(n)
Parking Demand Study to estimate the parking demand of the proposed use;
(o)
Such other plans and information as the Development Authority may consider
necessary to properly evaluate the proposed development. (Amended by Bylaw #522-
18)
All submitted documents are to be prepared by qualified registered professionals in their
respective fields. All submitted documents shall include certification by the professional who
prepared the document. (Amended by Bylaw #522-18)
(3)
If the Development Authority determines that the information and documents
submitted by the applicant at the request of the Development Authority are complete,
the Development Authority must issue a letter to the applicant indicating:
(a)
The application is complete,
(b)
Confirmation the Development Authority will begin processing the
application, and
(c)
The date the 40 days to process the application expires. (Amended by Bylaw #522-18)
(4)
If the applicant fails to submit the outstanding information and documents requested
by the Development Authority to complete the application on or before the date
referred to in the notice issued to the applicant, the application is deemed to be
refused. (Amended by Bylaw #522-18)
(5)
If the application is deemed refused because the applicant failed to provide the
Development Authority with the requested information, the Development Authority
shall issue to the applicant a letter indicating the application has been refused and the
reason(s) for the refusal, within 7 days of the expiry date. (Amended by Bylaw #522-18)
(6)
Despite that the Development Authority has issued a letter acknowledging an
Village of Clive Land Use Bylaw
Page 15
application as complete, in the course of reviewing the application, the Development
Authority may request additional information or documentation from the applicant
that the Development Authority considers necessary to review the application. (Amended
by Bylaw #522-18)
(7)
If the Development Authority does not make a determination of an application's
completeness within 20 days of receiving the application, or within an alternative
timeline agreed upon between the applicant and Development Authority, the
application is deemed to be complete. (Amended by Bylaw #522-18)
3.6
Subdivision Approval Application (Amended by Bylaw #522-18)
(1)
Upon receipt of an application the Subdivision Authority shall within 20 days
determine whether the application is complete. An application is complete, if in the
opinion of the Subdivision Authority, the application contains the documents and
other information necessary to review the application. The 20-day timeline may be
extended if agreed upon in writing between the applicant and the Subdivision
Authority.
(2)
If the Subdivision Authority deems a subdivision application to be complete, the
Subdivision Authority shall issue a letter to the applicant indicating:
(a)
The date the application was received and deemed complete,
(b)
Confirmation the Subdivision Authority will begin processing the application,
and
(c)
The date the 60 days to process the application expires.
(3)
If the Subdivision Authority determines an application is incomplete, the Subdivision
Authority shall issue a notice in writing to the applicant, indicating the following:
(a)
The application is considered incomplete,
(b)
A detailed list of the outstanding documents and/or information required by
the Subdivision Authority in order for the application to be considered
complete,
(c)
The date which the required outstanding documents and/or information must
be submitted to the Subdivision Authority, as either set out in the notice, or as
agreed upon between the applicant and Subdivision Authority,
Prior to the expiry of the 20-day review period.
(4)
If the Subdivision Authority determines that the information and documents
submitted by the applicant at the request of the Subdivision Authority are complete,
the Subdivision Authority shall issue a letter to the applicant indicating:
Village of Clive Land Use Bylaw
Page 16
(a)
The application is complete,
(b)
Confirmation the Subdivision Authority will begin processing the application,
and
(c)
The date the 60 days to process the application expires.
(5)
If the applicant fails to submit the outstanding information and documents requested
by the Subdivision Authority to complete the application on or before the date
referred to in notice issued to the applicant, the application is deemed to be refused.
(6)
If the application is deemed refused because the applicant failed to provide the
Subdivision Authority with the requested information, the Subdivision Authority shall
issue to the applicant a letter indicating the application has been refused and the
reason for the refusal, within 7 days of the expiry date.
(7)
Despite that the Subdivision Authority has issued a letter acknowledging an
application as complete, in the course of reviewing the application, the Subdivision
Authority may request additional information or documentation from the applicant
that the Subdivision Authority considers necessary to review the application.
(8)
If the Subdivision Authority does not make a determination of an application's
completeness within 20 days of receiving the application, or within an alternative
timeline agreed upon between the applicant and Subdivision Authority, the
application is deemed to be complete.
3.7
Subdivision Approval Time Limits (Amended by Bylaw #522-18)
(1)
The Subdivision Authority shall, within 20 days after the receipt of an application for a
subdivision approval, determine whether the application is complete, or within such
longer period as the applicant may have agreed to in writing.
(2)
The Subdivision Authority shall consider and decide on any application for a
subdivision approval, within 60 days of the date of issuance of a letter to an applicant
indicating the application is complete, or within such longer period as the applicant
may have agreed to in writing.
Village of Clive Land Use Bylaw
Page 17
PART 4
DECISION PROCESS FOR DEVELOPMENT PERMITS
4.1
Referring Development Permit Applications for Comment
(1)
The Development Officer shall:
(a)
refer any application to an adjacent municipality or any other agency or
person which, in their opinion, may provide relevant comments or advice
respecting the application; and
(b)
refer all applications for Development which would result in permanent
overnight accommodation, 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 km (1 mile) of a sour gas facility and the proposed
Development is not, in the opinion of the Development Officer, an infill
Development.
4.2
Deciding on Permitted Uses
(1)
When making decisions on Development Permit applications for permitted uses in
any District:
(a)
If the proposed Development conforms in every respect to this Bylaw the
Development Authority shall approve the Development Permit application,
with or without conditions listed in section #4.2(2) below; or
(b)
if the proposed Development does not conform in every respect to this Land
Use Bylaw the Development Authority may:
(i)
refuse the application giving reasons for the refusal; or
(ii)
approve the application subject to conditions to ensure that the
application conforms to the requirements of this Bylaw, the
Municipal Government Act, the Matters Related to Subdivision and
Development Regulation and statutory plans; or
(iii)
approve the application subject to meeting the requirements of
section #4.4 - Granting Relaxations.
(2)
When approving an application for a Development Permit for a permitted use, the
Development Authority may attach conditions deemed necessary including but not
limited to:
(a)
Where Development involves construction of a permanent foundation,
provision of a real property report indicating compliance with applicable
minimum yards (setbacks from property lines) prior to proceeding beyond
the foundation stage of construction;
Village of Clive Land Use Bylaw
Page 18
(b)
Arrangements satisfactory to the Development Authority for the supply of
utilities including, but not limited to, water, electric power, sanitary sewer,
storm sewer, natural gas, cable, or any one or more of them, including
payment of the cost of installation or construction of any such utility or
facility by the applicant;
(c)
Arrangements satisfactory to the Development Authority for vehicular and
pedestrian access from public roads and trails, on-site vehicular and
pedestrian circulation, parking, loading, landscaping or drainage, or any one
or more of these matters, including payment of the costs of installation or
constructing any such facility by the applicant;
(d)
The developer entering into a Development Agreement or an interim
agreement, which shall form part of such Development Permit and may be
required to be registered by caveat against title to the site at the Land Titles
Office, to do any or all of the following:
(i)
to construct or pay for the construction of a road required to give
access to the Development;
(ii)
to construct, or pay for the construction of:
(1) a pedestrian walkway system to serve the Development, or
(2) 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, or both;
(iii)
to install or pay for the installation of public utilities, other than
telecommunications systems or works, that are necessary to serve
the Development;
(iv)
to construct or pay for the construction of:
(1) off-street or other parking facilities; and
(2) loading and unloading facilities;
(e)
That the applicant submits a real property report to the satisfaction of the
Development Officer;
(f)
The developer paying an off-site levy or redevelopment levy imposed by a
Bylaw adopted pursuant to the Municipal Government Act;
(g)
The developer providing security to ensure compliance with this Bylaw, a
Development permit, an agreement under this clause and/or a statutory
plan, which security may include, but is not limited to, an irrevocable letter
of credit or charge against the title to the site;
(h)
That the developer repair, reinstate, or pay for the repair or reinstatement
to the original condition any street furniture, boulevard landscaping, and/or
Village of Clive Land Use Bylaw
Page 19
tree planting which may damage or destroyed or otherwise harmed by
development or construction operations on the site; and
(i)
That the Applicant provides and causes to be registered on the applicable
titles any easements, right-of-way agreements, Encroachment Agreements
or restrictive covenants which in the opinion of the Development Authority
are required.
4.3
Deciding on Discretionary Uses
(1)
When making decisions on Development Permit applications for discretionary uses in
any District the Development Authority may:
(a)
Approve an application for a Development Permit provided the application
meets the requirements of this Bylaw; or
(b)
approve the application subject to meeting the requirements of section #4.4
- Granting Relaxations; or
(c)
refuse an application for a Development Permit for a discretionary use even if
the proposed Development conforms in every respect to this Bylaw, giving
reasons for the refusal.
(2)
When approving an application for a Development Permit for a discretionary use, the
Development Authority may attach conditions deemed necessary including but not
limited to:
(a)
Any condition(s) listed in section #4.2 (2);
(b)
Any condition(s) that the Development Authority may deem appropriate to
ensure compatibility with the amenities of the neighbourhood and the use,
enjoyment and value of neighbouring parcels of land, including, but not
limited to, the following:
(i)
limiting the time of operation including hours of the day, days of the
week, and parts of the year;
(ii)
limiting the number of patrons;
(iii)
requiring attenuation or mitigation of noise or any other nuisances
that may be generated by the proposed Development;
(iv)
location on the lot, character and appearance of Buildings;
(v)
grading of the site or such other matters as are necessary to protect
the site from other developments or to protect other developments
from the site;
Village of Clive Land Use Bylaw
Page 20
(vi)
Establishing the period of time for which a Development Permit is
valid.
4.4
Granting Relaxations
(1)
The Development Authority may approve, with or without conditions, an
application for Development that does not comply with this Bylaw if, in the opinion
of the Development Authority:
(a)
the proposed Development would not:
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land;
(b)
the proposed Development or subdivision conforms with the use prescribed
for that land or Building in this Bylaw.
(2)
In approving an application for Development pursuant to section 4.4(1) above, the
Development Authority shall:
(a)
ensure the application for Development would continue to meet the general
purpose of the applicable district;
(b)
consider a relaxation only where warranted by the merits of the proposed
Development and/or in response to irregular lot lines, parcel shapes or site
characteristics which create difficulties in siting structures within the
required setbacks or in meeting the usual Bylaw requirements; and
(c)
obtain a letter from the applicant indicating:
(i)
reasons why they believe a relaxation is warranted; and
(ii)
the measures proposed to minimize the potential impact(s) of
granting the relaxation(s) on neighbouring properties; e.g. Building
orientation, window and door placement, or additional landscaping;
(3)
Except as otherwise provided in this Bylaw, where the decision on an application is
being made by the Development Officer a variance shall not be granted for less than
eighty percent (80%) of any minimum regulation or more than one hundred and
twenty percent (120%) of any maximum regulation.
(4)
Where an approved Development Permit grants a relaxation to any regulation of
this Bylaw, the Development Authority shall not permit any additional relaxation
from that regulation.
Village of Clive Land Use Bylaw
Page 21
4.5
Time Limits
(1)
The Development Authority shall, within 20 days after the receipt of an application for
a development permit, determine whether the application is complete, or within such
longer period as the applicant may have agreed to in writing. (Amended by Bylaw #522-18)
(2)
The Development Authority shall consider and decide on any application for a
development permit, within 40 days of the date of issuance of a letter to an applicant
indicating the application is complete, or within such longer period as the applicant
may have agreed to in writing. (Amended by Bylaw #522-18)
4.6
Notification of Decision
(1)
On the same date that an application for a Development Permit is approved, with or
without conditions, the Development Officer may:
(a)
send a notice of the decision to the Applicant in writing and sent by regular
mail, or, if the Applicant has agreed, by email or other electronic means; or
(b)
arrange for a notice to be published on the Outdoor Message Center at the
Village Office stating the legal description, civic address, the nature of the
development, and the provisions for appeal; or
(c)
arrange for notice to be posted on the subject lands, which has the effect of
direct notification to any landowner, tenant of land or building within the
general area, whose use and enjoyment of property may be affected; or
(d)
arrange for notice of the decision to appear in one or more alternative means
of advertising in accordance with a Bylaw made pursuant to Section 606.1 of
the Municipal Government Act stating the legal description, civic address, the
nature of the development, and the provisions for appeal;
(2)
When the Development Authority refuses an application for a Development Permit,
the notice of decision shall contain the reasons for the refusal.
(3)
Where this Land Use Bylaw requires a document to be sent to a person, the
document may be sent by electronic means if:
(a)
the recipient has consented to receive documents by electronic means and
has provided an email address, website or other electronic address for that
purpose; and
(b)
it is possible to make a copy of the document from the electronic transmission.
4.7
Effective Date of a Development Permit
(1)
An approved Development Permit shall not be issued to the applicant until the latter
Village of Clive Land Use Bylaw
Page 22
of:
(a)
twenty-one (21) days after notice of the decision has been given if notice is
provided in accordance with section #4.6 (1)(a); or
(b)
All conditions attached as part of the Development Permit approval have been
met to the satisfaction of the Development Officer, with the exception of those
conditions that are of a continuing nature.
(2)
Any Development proceeded with by the applicant prior to the expiry of the
notification period is done solely at the risk of the applicant.
(3)
The effective date of an approved Development Permit shall be the latter of:
(a)
the date of decision by the Development Authority; or
(b)
the date the subdivision and development appeal board renders their decision
if the Development Permit is appealed, in accordance with section #4.9 -
Appealing a Decision of the Development Authority.
4.8
Cancellation or Expiry of a Development Permit
(1)
The Development Authority may cancel a Development Permit if:
(a)
the permit was issued in error; or
(b)
the permit was issued on the basis of incorrect information.
(2)
If the Development authorized by a permit is not commenced within twelve (12)
months from the date of its issue, or the date of decision of the Subdivision and
Development Appeal Board upon appeal, the Development Permit ceases to be
effective.
(3)
If the Development authorized by a permit is not completed within twenty-four (24)
months following the date of its approval or the date of decision of the Subdivision
and Development Appeal board, the permit ceases to be effective. Unless otherwise
specified in the Development Permit, completion is achieved once all exterior
materials and any associated painting/staining as shown on the stamped
Development Permit application is achieved. Landscaping shall be completed by the
end of the first full growing season following completion of Development.
(4)
The Development Authority may grant an extension to an expiring Development
Permit, being no longer than an additional twelve (12) months, provided no extension
has previously been granted by the Development Authority.
(5)
Once a development is substantially completed to the satisfaction of the
Development Officer, the Development Permit runs with the land, remains valid and
does not expire.
Village of Clive Land Use Bylaw
Page 23
(6)
In determining whether a development is substantially completed under Section (5)
the Development Officer shall consider the following:
(a) construction of all Buildings described in the Development Permit all exterior
materials and any associated painting/staining as shown on the stamped
Development Permit application is achieved and the presence of sufficient exterior
cladding on each Building to create the appearance in the approved Building
elevations;
(b) landscaping shall be completed by the end of the first full growing season following
completion of development and completion of finished site grading and
landscaping so that no water ponding, water run-off or dust creation issues are
likely;
(c) installation of all required paving and hard-surfacing shown in the Development
Permit; and
(d) whether any outstanding details are minor finishing items that would be similar
to the routine maintenance of any existing developed property.
4.9
Appeals
(1)
An application for a development permit shall, at the option of the applicant, be
deemed to be refused when a decision thereon is not made by the Development
Authority within forty (40) days of the date of the letter issued to the applicant
acknowledging a complete application, and an applicant may appeal in writing, as
provided for in this Land Use Bylaw, unless the applicant enters into an agreement
with the Development Officer to extend the 40 day period. (Amended by Bylaw #522-18)
(2)
Where the Development Authority
(a)
Fails to issue a development permit to a person, or
(b)
Refuses an application for a development permit, or
(c)
Issues a development permit subject to conditions, or
(d)
Issues an order under the Municipal Government Act, (Amended by Bylaw #522-18)
The person applying for the permit or affected by an order, a decision, or development
permit may appeal to the Subdivision and Development Appeal Board in accordance
with the Municipal Government Act. (Amended by Bylaw #522-18)
(3)
A person applying for a Development Permit, or any other person affected by an
order, decision or Development Permit, may appeal to the Subdivision and
Development Appeal Board by serving written notice of the appeal to the Clerk of
the Subdivision and Development Appeal Board within the following time periods:
Village of Clive Land Use Bylaw
Page 24
(a)
in the case of an appeal by an Applicant for a Development Permit, within
twenty-one (21) consecutive days of the date of the written decision on the
application or the date of the deemed refusal,
(b)
in the case of an appeal by a person affected by a stop order or a decision
made by the Development Authority, within twenty-one (21) consecutive
days of the date on which the order or decision was made,
(c)
in the case of an appeal by a person affected by a Development Permit issued
by the Development Authority, within twenty-one (21) consecutive days of
the date on which notice of the issuance of the Development Permit was
given. The written notice of appeal must contain reasons for the appeal,
(d)
within thirty (30) days of receiving a notice of appeal, the Subdivision and
Development Appeal Board shall hold an appeal hearing in accordance with
the Municipal Government Act as described below.
(e)
the Subdivision and Development Appeal Board shall give at least five (5)
days written notice of the appeal hearing to the appellant; the Development
Authority; adjacent landowners; and any other person who, in the opinion of
the Subdivision and Development Appeal Board, is affected by the order,
decision or permit,
(f)
the Subdivision and Development Appeal Board shall make available for
public inspection before the appeal hearing all relevant documents
respecting the appeal including Development Permit applications, its
approval or refusal, the notice of appeal; or the order, as the case may be.
(g)
at the appeal hearing the Appeal Board shall hear the appellant; the
Development Authority; any other person who was served with the notice of
the hearing and who wishes to be heard; any other person who claims to be
affected by the order, decision, permit or approval, and who the Appeal
Board agrees to hear; and/or any other person acting on behalf of these
persons.
(4)
The Subdivision and Development Appeal Board shall give notice of its decision, with
reasons, in writing within fifteen (15) days of the conclusion of the hearing.
(5)
The decision of the Subdivision and Development Appeal Board is final and binding
upon all parties, subject only to an appeal upon the question of jurisdiction or law.
An application for leave to appeal shall be made to a judge of the Court of Appeal
within thirty (30) days of the issue of the order, decision, permit or approval that is
being appealed.
(6)
No appeal lies in respect of the issuance of a Development Permit for a Permitted
Use unless the provisions of this Land Use Bylaw were relaxed, varied, or
misinterpreted.
Village of Clive Land Use Bylaw
Page 25
4.10
Re-Application for a Development Permit
(1)
Where an application for a development permit has been refused, except for those
applications refused as incomplete applications, the Development Officer shall
refuse to accept another application for the same or a similar use on the same lot or
site until 6 months have passed from the date of such refusal unless in the opinion of
the Development Officer the reasons for refusal have been adequately addressed or
the circumstances of the application have changed significantly. (Amended by Bylaw #522-18)
Village of Clive Land Use Bylaw
Page 26
PART 5
LAND USE DISTRICT REGULATIONS
5.1
Establishment of Land Use Districts
(1)
For the purpose of this Bylaw the Village of Clive is divided into the following
Districts:
R-1
Low Density Residential District
R-2
General Residential District
R-3
Modular Home District
RSH
Residential Small Holdings District
C
Commercial District
I
Industrial District
PR
Public Recreation District
UR
Urban Reserve District
(2)
The boundaries of the Districts listed in section #5.1(1) are as delineated on the Land
Use District Map attached as Schedule A. All public roadways and watercourses are
excluded from the Land Use Districts.
(3)
Where the location of District boundaries on the Land Use District Map is not clearly
understood, the following rules shall apply:
(a)
a boundary shown as approximately following a parcel boundary shall be
deemed to follow the parcel boundary;
(b)
a boundary which does not follow a parcel boundary shall be located by
measurement of the Land Use District Map; and
(c)
a boundary location which cannot be satisfactorily resolved, shall be referred
to Council for an official interpretation.
Village of Clive Land Use Bylaw
Page 27
5.2
LOW DENSITY RESIDENTIAL DISTRICT (R-1)
Purpose: To provide an area for low density residential Development in the form of Detached
Dwellings and compatible uses, all of which are connected to the municipal
sewer and water systems
PARCEL DEVELOPMENT REGULATIONS
Minimum Floor Area
90 m2 (969 ft2 )
Minimum Front Yard
6 metres (20 ft)
Minimum Side Yard
1.5 metres (5 ft) except where it abuts a street - 3m (10ft) See
section 6.10 if a laneless subdivision.
Minimum Rear Yard
10 metres (33 ft)
Maximum Building Height
8.5 metres (28 ft)
Minimum Parcel Area
Interior parcel: 450 m2 (4,844 ft2)
Corner parcel: 500 m2 (5,382 ft2)
Maximum Parcel Coverage
55% (including Accessory Buildings)
Minimum Parcel Width
15 m (50 ft)
Maximum Parcel Width
30 m (100 ft)
Supplementary Regulations:
1. Any Building into which a vehicle may enter shall have a driveway on the parcel at least 6 m (20 ft) in
Permitted Uses
Discretionary Uses
Accessory Residential Buildings where the
total Floor Area is less than 70 m2 (753.5
ft2)
Detached Dwellings
Garage Suites
Garden Suites
Modular Homes meeting the requirements
of Section #6.4
Public Works Buildings and Structures
Public Utility Building
Secondary Suites
Temporary Buildings (Amended by Bylaw #532-19)
Accessory Uses
Accessory Residential Buildings where the total
Floor Area is more than 70 m2 (753.5 ft2)
Bed and Breakfast Establishments
Building Demolitions
Home Occupations - Class 2 Major
Parking facilities for uses in this District
Parks and Playgrounds
Public and quasi-public uses
Supportive Care Residences
Any other use that is similar, in the opinion of the
Municipal Planning Commission, to the uses above
may apply for a discretionary use Development
Permit.
Village of Clive Land Use Bylaw
Page 28
length, except where the driveway enters a lane, where it shall be either 1 m (3 ft) or at least 6 m (20 ft).
2. The regulations contained in Part #6 - Supplementary Regulations shall apply to Developments in this
district.
3. The regulations for all other uses shall be as established in Part #6 - Supplementary Regulations
and/or by the Municipal Planning Commission.
5.3
GENERAL RESIDENTIAL DISTRICT (R-2) 
Purpose:
To provide an area for a variety of dwelling types from detached to duplexes,
multiple units and Apartments, and compatible uses, all of which are
connected to the municipal sewer and water systems.
PARCEL DEVELOPMENT REGULATIONS
Minimum Floor Area
Detached Dwellings, Duplexes, Semi-Detached
Dwellings and Town Houses:
Permitted Uses
Discretionary Uses
Accessory Residential Buildings
where the total Floor Area is less than
70 m2 (753.5 ft2)
Detached Dwelling
Duplex
Garage Suites on Detached Dwelling
parcels
Garden Suites on Detached Dwelling
parcels
Modular Homes
Public Utility Building
Public Works Buildings and
structures
Secondary Suites
Semi-Detached Dwellings
Temporary Buildings (Amended by Bylaw #532-
19)
Accessory uses
Accessory Residential Buildings where the
total Floor Area is more than 70 m2 (753.5
ft2)
Apartments
Bed and Breakfast establishments
Boarding and Rooming Houses
Building Demolition
Day Care facilities
Existing Manufactured Homes
Four-plex Dwellings
Home Occupations - Class 2 Major
Parking facilities for uses in this District
Public and quasi-public uses
Signs
Supportive Care Residences
Townhouse Dwellings
Any other use that is similar, in the
opinion of the Municipal Planning
Commission, to the uses above may apply
for a discretionary use Development
Permit.
Village of Clive Land Use Bylaw
Page 29
79.9m2 (860 ft2 )
Apartments: Bachelor unit 50 m2 (538 ft2).
Other types: 50 m2 plus 11m2 per bedroom
Minimum Front Yard
6 metres (20 ft)
Minimum Side Yard
Detached Dwellings, Duplexes, Semi-Detached
Dwellings and end unit on Town Houses: 1.5 metres (5
ft) except:
a) 3 m (10 ft) on the street side of a corner parcel; or
b) See section 6.10 if a laneless subdivision
Apartments: 3.0 m(10ft) except 6.0m (20 ft) on the
street side of a corner parcel
Minimum Rear Yard
9 metres (30 ft)
Maximum Building Height
8.5 metres (28 ft)
Minimum Parcel Area
Detached Dwellings:
Interior parcel: 450 m2 (4,844 ft2)
Corner parcel: 500 m2 (3,014 ft2)
Duplexes & Semi-Detached Dwellings:
Interior parcel: 280 m2 (4,844 ft2) per unit
Corner parcel: 330 m2 (3,552 ft2) per unit
Town Houses:
Interior parcel: 185m2 (1,9991ft2) per unit
Corner parcel: 275 m2 (2,959 ft2)
Apartments: 82 m2 (883 ft2) per bachelor and one
bedroom unit, 102m2 (1,098 ftm2) per unit greater than
one bedroom
Maximum Parcel Coverage
55% (including Accessory Buildings)
Supplementary Regulations:
1. Modular Homes in this district shall comply with:
a)
the regulations within the Modular Home District (R3); or
b)
section #6.4 - Modular Homes
2. Any Building into which a vehicle may enter shall have a driveway on the parcel at least 6 m (20 ft) in
length, except where the driveway enters a lane, where it shall be either 1 m (3 ft) or at least 6 m (20
ft).
3. The regulations contained in Part #6 - Supplementary Regulations shall apply to Developments in this
district.
4. The regulations for all other uses shall be as established in Part #6 - Supplementary Regulations and/or
by the Municipal Planning Commission.
Village of Clive Land Use Bylaw
Page 30
Village of Clive Land Use Bylaw
Page 31
5.4
MODULAR HOME DISTRICT (R-3)
Purpose:
To provide an area for residential Development in the form of modular
homes and compatible uses, on separately titled parcels or in
comprehensively designed parks. The area shall be connected to the
municipal sewer and water systems.
Permitted Uses
Discretionary Uses
Modular Home
Accessory Residential Buildings where
the total Floor Area is less than 70 m2
(753.5 ft2)
Public Utility Building
Public Works Buildings and structures
Temporary Buildings (Amended by Bylaw #532-19)
Accessory Use
Accessory Residential Buildings where
the total Floor Area is greater than 70 m2
(753.5 ft2)
Building Demolition
Day Care Facility
Existing Manufactured Homes
Home Occupation - Class 2 Major
Parking facilities for uses in this District
PARCEL DEVELOPMENT REGULATIONS
Individual Modular Homes and their attached structures:
Minimum Front Yard
6 m(20 ft)
Minimum Side Yard
1.5 m (5 ft) on the right side when facing the lot from the street, except
on a corner parcel where the side yard abutting a road shall be at least 3
m (10 ft); and 6 m (20 ft) from the other side.
Minimum Rear Yard
3 m (10 ft)
Maximum Parcel Area
Interior parcel 450 m² (4844 ft2)
Corner parcel 500 m² (5382 ft2)
Maximum Parcel Coverage
55%
Minimum Modular Home Width
5 m (16 ft) excluding any accessory structures or additions
Minimum Modular Home Floor
Area
5 m (16 ft) wide - 104.0 m² (1120 ft2)
7.3 m (24 ft) wide - 89.2 m² (960 ft2)
Maximum Modular Home Age
Six (6) years at time of issuance of Development Permit
Comprehensive Layout
Comprehensive Developments of manufactured homes must provide,
at the time of subdivision approval, an overall placement scheme
showing how typical manufactured home styles are placed on each
parcel and the location of off-street parking and/or future Accessory
Buildings such as carports and garages so that all yard requirements
are met.
REGULATIONS FOR MODULAR HOMES
Village of Clive Land Use Bylaw
Page 32
1. All modular homes shall be factory built and certified by the Canadian Standards Association CSA
A277 or CSA Z240 which conforms to the Alberta Building Code Standards, proof of which shall be
provided to the Development Officer with the application for a Development Permit.
2. All modular homes shall have a roof surface of asphalt or wood shingles, clay or concrete tiles, slates
or wood shakes.
3. Accessory structures attached to or located within 1 m (3 ft) of the modular home, such as enclosed
porches and additions shall not exceed 20% of the floor area of the modular home.
4. An applicant wishing to move a used (or pre-owned) modular home onto a lot shall apply for
permission in accordance with section #6.3 - Relocation of Buildings.
5. The Municipal Planning Commission reserves the right to refuse a Development Permit for a modular
home that is of poor appearance or condition.
6. It shall be the responsibility of the owner to place the modular home on a permanent foundation in
accordance with the Alberta Building Code. Skirting shall be completed within thirty (30) days of the
modular home being placed on the parcel.
7. All attached or Accessory Buildings or structures, such as patios, porches, additions, carports,
garages, or storage sheds shall be built with matching exterior finish or be of durable all-weather
construction and designed in a manner that will enhance the appearance of the modular home.
8. Front yard landscaping must be completed within the first full growing season following installation
of skirting for the modular home.
Supplementary Regulations:
1. Any Building into which a vehicle may enter shall have a driveway on the parcel at least 6 m (20 ft) in
length, except where the driveway enters a lane, where it shall be either 1 m (3 ft) or at least 6 m (20
ft).
2. The regulations contained in Part #6 - Supplementary Regulations shall apply to Developments in this
district.
3. The regulations for all other uses shall be as established in Part #6 - Supplementary Regulations and/or
by the Municipal Planning Commission.
Village of Clive Land Use Bylaw
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5.5
RESIDENTIAL SMALL HOLDINGS DISTRICT (RSH)
Purpose:
To provide an area for low density acreage residential Development in the
form of Detached Dwellings and compatible uses which are connected to
municipal sewer and water systems.
Permitted Uses
Discretionary Uses
Accessory Residential Buildings where
the total Floor Area is less than 110 m2
(1184 ft2)
Detached Dwellings
Garage Suites
Garden Suites
Modular Homes
Public Utility Building
Public Works Buildings and structures
Secondary Suites
Temporary Buildings (Amended by Bylaw #532-19)
Accessory uses
Accessory Residential Buildings where
the total Floor Area is greater than 110
m2 (1184 ft2)
Existing Manufactured Homes
Home Occupations - Class 2 Major
Parking facilities for uses in the District
Shipping Containers
Any other use that is similar, in the
opinion of the Municipal Planning
Commission, to the uses above may apply
for a discretionary use Development
Permit.
PARCEL DEVELOPMENT REGULATIONS
Minimum Parcel Area
930 m² (10,010 ft2)
Minimum Floor Area
90 m² (969 ft2) for Detached Dwellings
Minimum Front Yard
6 m (20 ft)
Minimum Side Yard
1.5 m (5 ft) except where it abuts a street - 3 m (10 ft),
See Section #6.10 if a laneless subdivision.
Minimum Rear Yard
10 m (33 ft)
Maximum Parcel Coverage
Primary Dwelling: 55%
Maximum Building Height
8.5 m (28 ft)
Supplementary Regulations:
1. Modular Homes in this district shall comply with:
a) the regulations within the Modular Home District (R3); or
b) section #6.4 - Modular Homes
2. Maximum Accessory Building floor area: 371.6 m² (4000 ft2)
Maximum Accessory Building Height for this district: 8.0 m (26.2 ft)
Village of Clive Land Use Bylaw
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3. All new residential Development or redevelopment will be required to connect to municipal water
and sewer services. If the Municipal Planning Commission determines that services are not currently
available, the Municipal Planning Commission may require a deferred servicing agreement to be
registered by caveat on the title requiring a connection to municipal services when the Village
determines that services are available.
4. Any Building into which a vehicle may enter shall have a driveway on the parcel at least 6 m (20 ft) in
length, except where the driveway enters a lane, where it shall be either 1 m (3 ft) or at least 6 m (20
ft).
5. The regulations contained in Part #6 - Supplementary Regulations shall apply to Developments in this
district.
6. The regulations for all other uses shall be as established in Part #6 - Supplementary Regulations and/or
by the Municipal Planning Commission.
Village of Clive Land Use Bylaw
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5.6
COMMERCIAL DISTRICT (C)
Purpose:
To provide an area for Commercial uses offering a wide variety of goods and
services.
Permitted Uses
Discretionary Uses
Accommodation Unit(s)
Medical and Health Services, except
Medical Cannabis Counselling (Amended by
Bylaw #523-18)
Mobile Commercial Sales
Offices
Parking facilities for uses in this District
Personal services
Public and Quasi public- uses
Public Utility Building
Public Works Buildings and structures
Restaurants
Indoor Merchandise Sales, except
Cannabis Retail Sales and Medical
Cannabis Counselling (Amended by Bylaw #523-
18)
Signs (Amended by Bylaw #532-19)
Small-scale repair trades, craftspeople
and similar trades, including retail sales
of related products;
Accessory Uses
Accessory Dwelling Units above, beside or
behind the Commercial establishment
Auction Mart
Bus Depots
Cannabis Retail Sales (Amended by Bylaw #532-19)
Commercial recreation and entertainment
facilities
Day care facilities
Drinking Establishments
Drive Through Business
Existing Detached Dwellings and replacement
thereof
Gas Station
Greenhouses, Commercial
Mixed Use Development
Repair Services (no outdoor storage), excluding
heavy equipment
Self-Service Storage
Shipping Containers
Temporary Building
Any other use that is similar, in the opinion of
the Municipal Planning Commission, to the
uses above may apply for a discretionary use
Development Permit.
PARCEL DEVELOPMENT REGULATIONS
Minimum Front Yard
0 metres
Minimum Side Yard
0 metres
Minimum Rear Yard
0 metres
Maximum Parcel Coverage
100%
Landscaping
All areas not covered by buildings, driveways or parking shall be
Village of Clive Land Use Bylaw
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landscaped
Maximum Building Height
10m (33ft)
Supplementary Regulations:
1. Dwelling units shall have an entrance separate from the entrance to any Commercial component of the
Building.
2. Outdoor storage is not permitted with the exception of Lots 2, 3 and 4; Block 1; Plan 922 4889 where
outdoor storage is permitted provided it is combined with indoor merchandise sales. Outdoor storage
is permitted on Lot 1; Block 1; Plan 922 4889 as previously approved.
3. Outdoor display may be permitted during normal business hours.
4. The regulations contained in Part #6 - Supplementary Regulations shall apply to Developments in this
district.
5. The regulations for all other uses shall be as established in Part #6 - Supplementary Regulations and/or
by the Municipal Planning Commission.
COMMERCIAL PERFORMANCE STANDARDS
A Commercial activity shall conform to the following standards:
a) The activity must not be detrimental to the health, safety, convenience or general welfare of persons
residing or working in the vicinity or injurious to property, improvements or potential Development
in the vicinity.
b) No equipment or process used in the Commercial activity shall create dust, noise, vibration, glare,
fumes, odour or air pollution that is detectable at or beyond the property lines of the parcel where
the Commercial business or activity takes place.
c) There shall be no exterior display or storage of any merchandise or material relating to the
Commercial activity.
d) The Commercial activity shall be compatible with the surrounding Commercial area and not of a size
that provides services or products that would detrimentally affect the business climate of the Village.
Village of Clive Land Use Bylaw
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5.7
LIGHT INDUSTRIAL DISTRICT (I)
Purpose:
To provide an area for a wide variety of light and other service-related
industrial activities.
PARCEL DEVELOPMENT REGULATIONS
Minimum Front Yard
9m (30 ft)
Minimum Side Yard
3m (10 ft)
Minimum Rear Yard
6m (20 ft)
Minimum Parcel Frontage
15m (49 ft)
Maximum Parcel Coverage
90%
Landscaping
Landscaped areas shall be concentrated beside property line(s)
that abut residential lots and roadways to the satisfaction of the
Municipal Planning Commission.
Supplementary Regulations:
1. The regulations contained in Part #6 - Supplementary Regulations shall apply to Developments in this
district.
Permitted Uses
Discretionary Uses
Accessory industrial Buildings
Building supply and lumber yard (with
or without outdoor storage)
Equipment rental (with or without
outdoor storage)
Greenhouses, wholesale, except Cannabis
Production and Distribution and Medical
Cannabis Production Facility (Amended by Bylaw
#523-18)
Light Manufacturing
Heavy equipment assembly, sales and
service
Public Utility Building
Public Works buildings, structures and
storage yards
Repair services with or without outdoor
storage
Self-service storage
Signs
Trucking Establishment
Warehousing
Accessory Uses
Auto Wrecking (Salvage) Yard
Cannabis Production and Distribution (Amended by
Bylaw #532-19)
Distribution Facility
Fabric Covered Engineered Structures
Feed mills and grain elevators
Heavy manufacturing
Open storage yards
Parking facilities for uses in this District
Railway uses
Sales and service outlet for farm equipment
Seed Cleaning plants
Shipping Containers
Temporary Buildings
Any other use that is similar, in the opinion of
the Municipal Planning Commission, to the uses
above may apply for a discretionary use
Development Permit.
Village of Clive Land Use Bylaw
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2. The regulations for all other uses shall be as established in Part #6 - Supplementary Regulations and/or
by the Municipal Planning Commission.
5.8
PUBLIC RECREATION DISTRICT (PR)
Purpose:
To provide an area for the Development of public land for major multi-use
recreational facilities.
PARCEL DEVELOPMENT REGULATIONS
Minimum Front Yard
9m (30 ft)
Minimum Side Yard
3m (10 ft)
Minimum Rear Yard
6m (20 ft)
Minimum Parcel Frontage
15m (49 ft)
Maximum Parcel Coverage
80%
Outdoor Storage and Display
Outdoor storage shall be screened from view from adjacent
street and/or residential lots.
Outdoor display is not allowed.
Maximum Building Height
12m (39 ft)
Supplementary Regulations:
1. The regulations contained in Part #6 - Supplementary Regulations shall apply to Developments in this
district.
2. The regulations for all other uses shall be as established in Part #6 - Supplementary Regulations and/or
by the Municipal Planning Commission.
Permitted Uses
Discretionary Uses
Accessory Buildings
Community Market
Parks and Playgrounds
Places of Worship
Public and quasi-public uses
Public Utility Building
Public Works Buildings and structures
Accessory Uses
Parking facilities (public)
Shipping Container
Signs
Any other use that is similar, in the opinion
of the Municipal Planning Commission, to
the uses above may apply for a discretionary
use Development Permit.
Village of Clive Land Use Bylaw
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Village of Clive Land Use Bylaw
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5.9
URBAN RESERVE DISTRICT (UR)
Purpose:
To reserve land for future subdivision and Development until an overall plan
is prepared for and approved by Council.
PARCEL DEVELOPMENT REGULATIONS
Minimum Parcel Area
All the land contained in the existing certificate of title
Unless otherwise approved by the Municipal Planning
Commission, having regard to future use of the parcel and
the form of future subdivision and Development.
Outdoor Storage and Yard
1. Outdoor storage shall be screened from view from
adjacent streets and/or residential lots.
2. Outdoor display shall be screened from residential Districts.
Supplementary Regulations:
(1) The regulations contained in Part #6 - Supplementary Regulations shall apply to Developments in this
district.
(2) The regulations for all other uses shall be as established in Part #6 - Supplementary Regulations and/or
by the Municipal Planning Commission.
Permitted Uses
Discretionary Uses
Agricultural Operations, excluding confined
feeding operations.
Public Utility Building
Public Works, Buildings and Structures
Accessory Uses
Building Demolition
Existing residence and other related
improvements
Mechanized excavation stripping and grading
Parking facilities for uses in this District
Signs
Uses that will not, in the opinion of the Municipal
Planning Commission
(a)materially alter the use of the land from that
existing on the date the land was designated to
this Land Use District, or
(b) conflict with future urban expansion
Any use that is similar, in the opinion of the
Municipal Planning Commission, to the permitted
or discretionary uses described above.
Village of Clive Land Use Bylaw
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PART 6
SUPPLEMENTARY REGULATIONS
BUILDINGS
6.1
Accessory Buildings
(1)
No Accessory Building may be constructed or placed on a lot prior to construction of a
principal Building on the lot unless there is a valid Development Permit authorizing
construction of a principal Building on the lot.
(2)
An Accessory Building shall not be more than 5.5 m (18 ft) in height and shall not
exceed the height of the principal Building.
(3)
No Accessory Building or any portion thereof shall be erected or placed within the
front yard of a parcel.
(4)
An Accessory Building on an interior parcel shall be situated so that the exterior wall
is at least 1 m (3 ft) from the side and rear boundaries of the parcel.
(5)
An Accessory Building on a corner parcel shall:
(a)
not be situated closer to the street or avenue than the principal Building; or
(b)
be closer than 1 m (3 ft) to the other side parcel boundary or the rear parcel
boundary.
(6)
Notwithstanding Subsections (4) and (5), an Accessory Building or any portion
thereof may be erected or placed on the rear or side boundary common to two parcels
provided the Accessory Building serves the two abutting parcels.
(7)
An Accessory Building erected or placed on a parcel shall not be used as a dwelling
unless a Development Permit has been issued for construction of a secondary
residence.
(8)
The following regulations shall apply to all shipping containers located on parcels in
the Commercial, Industrial, Public Recreation and Residential Small Holdings Districts.
(a)
A maximum of one (1) shipping container/ 0.2 hectare of parcel area shall be
permitted;
(b)
A shipping container must not exceed the following dimensions 13.716m (L) x
2.896m (W) x 2.896m (H);
(c)
Shipping containers shall only be placed on the ground, and shall not be
stacked upon one another or on any other structure;
(d)
Shipping containers will only be allowed on parcels where the approved
Building has already been constructed;
Village of Clive Land Use Bylaw
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(e)
Shipping containers must be located at the rear or side yard of the property
and shall:
i.
standalone so that they are not connected to one another or to any
structures on the property (e.g. through the Development of a roof
structure, or other means); and
ii.
be finished in the same colour as the primary colour of the principal
Building on the parcel; or
iii.
be screened, using either vinyl fencing measuring 1.8m in height or
coniferous trees, planted at a minimum height of 1.8m and spaced to
provide a wall of fencing.
(f)
Where the rear or side yard is adjacent to a residential district, or public
street, additional landscaping and screening shall be provided to screen the
shipping containers, to the satisfaction of the Municipal Planning
Commission.
(9)
In Low Density Residential, General Residential and Modular Homes Districts
shipping containers shall only be permitted on the rear yard of a lot;
(a)
in conjunction with a valid Development Permit for construction of a principal
Building on a site and shall be removed upon completion of Development or
expiry of the Development Permit unless other arrangements have been made
to the satisfaction of the Development Authority; or
(b)
temporarily for moving or in conjunction with renovations up to a maximum
of two months unless other arrangements have been made to the satisfaction
of the Development Authority; or
(c)
where the Shipping Container will be used as an Accessory Building, a
Development Permit has been issued and complies with the Accessory
Building regulations and is finished with a roof and painted to match or
complement the primary structure.
(10)
Soft-sided Buildings/tarp garages shall:
(a)
limited to no more than one (1) Soft-sided Building approved per Residential
parcel at any given time; (Amended by Bylaw #532-19)
(b)
where permitted, be allowed only on a temporary basis in accordance with
section #6.7 - Temporary Buildings.
(c)
only be placed in the rear yard of the lot;
(d)
have a maximum floor area of 22.2 m2 (240 ft2);
Village of Clive Land Use Bylaw
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(e)
be setback from the side property line a minimum of 1.5 m (5 ft); and
(f)
have a maximum height of 3 m (10 ft).
6.2
Number of Buildings on a Parcel
(1)
A Development Permit shall not be issued for more than one principal Building on an
unsubdivided parcel, except where it is proposed to develop more than one principal
Building to form a single, unified group of Buildings.
(2)
The number of dwelling units permitted on a parcel shall be limited to one, except
where:
(a)
in the opinion of the Development Authority, either:
(i)
the Building is clearly designed to be divided into more than one
dwelling; or
(ii)
the Development of the parcel is clearly designed to include more
than one dwelling;
(b)
the use, such as secondary residences, conforms to the uses prescribed in
Part #5 - Land Use District Regulations for the District in which the parcel is
located; or
(c)
subject to section #4.4 - Granting Relaxations the Development complies
with the provisions of this Bylaw; and
(d)
a Development Permit is issued for the use.
6.3
Relocation of Buildings
(1)
For the purposes of this Bylaw, the relocation of a Building that has been occupied
previously shall be deemed to be a discretionary use.
(2)
No person shall:
(a)
Place on a parcel a Building which has previously been erected or placed on a
different parcel; or
(b)
Alter the location of a Building on a parcel which has already been constructed
on that parcel;
Unless a Development Permit has been issued by the Development Authority.
(3)
The value of the completed Building, once relocated, shall be comparable to, or better
than, the average value of similar buildings in the immediate area and any upgrades
required to comply with this regulation shall be established by the Development
Village of Clive Land Use Bylaw
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Authority and form part of the conditions of the Development Permit.
(4)
In addition to the requirements of Section #3.3 - Submitting a Development Permit
Application, the Development Officer shall require an application to relocate a
Building to be accompanied by:
(a)
a structural Building Inspection Report by a qualified inspector;
(b)
recent colour photographs showing all sides of the Building;
(c)
a statement on the age, size and structural condition of the Building;
(d)
a statement of proposed improvements to the Building; and
(e)
a non-refundable fee set by resolution of Council.
(5)
Prior to deciding on an application to relocate a Building, the Building(s) shall be
inspected on-site by a representative(s) of the Municipal Planning Commission
and/or a Development Officer. The costs of such inspection shall be paid by the
applicant in accordance with the expense policy of the Village.
(6)
Where a Development Permit has been granted for the relocation of a Building either
on the same parcel or from another parcel, the Municipal Planning Commission may
require the applicant to provide a performance bond of up to $20,000 to ensure
completion of any renovations set out as a condition of approval of a permit.
(7)
All structural and exterior renovations shall be completed within one year of the
issuance of a Development Permit.
(8)
A Development Permit for the relocation of a Building may include conditions of
approval that:
(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;
(b)
the Building is compatible with the character of the neighbourhood in
which the Building is to be relocated to;
(c)
and the Building be renovated to a satisfactory condition within a specified
time
6.4
Modular Homes
(1)
Where required by this Bylaw or the Development Authority to comply with this
section the external appearance of a modular home, shall be acceptable to the
Development Authority having regard to compatibility with other Buildings in the
vicinity and shall have:
Village of Clive Land Use Bylaw
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(a)
A minimum roof pitch of 4:12 (rise:run);
(b)
a roof surface of asphalt or wood shingles, clay or
concrete tiles, slates or wood shakes or metal roofing;
(c)
A minimum roof overhang or eaves of 0.30 m (1 ft) from each external wall;
(d)
A maximum length to width ratio of 2.5: 1;
(e)
A minimum width of 7.6 m (25 ft) measured from external wall surface to
external wall surface;
(f)
A permanent foundation consisting of a Basement, crawl space or slab on
grade; and
(2)
An applicant wishing to move a used (or pre-owned) modular home onto a lot shall
apply for permission in accordance with section #6.3 - Relocation of Buildings.
(3)
The applicant shall provide proof that the Building has proper certification to the
Development Officer at the time an application is made for a Development Permit.
6.5
Building Demolition
(1)
An application to demolish a Building larger than 56 m² (603 ft2) shall not be
approved without a statement or plan which indicates:
(a)
how the operation will be carried out so as to create a minimum amount of
dust or other nuisances;
(b)
method for disposing of Building materials; and
(c)
the final reclamation of the parcel;
to the satisfaction of the Development Authority.
6.6
Building Orientation and Design
(1)
The design, character and appearance of any Building or series of Buildings, structure
or sign proposed to be erected or located in any district must be acceptable to the
Development Authority having due regard to:
(a)
amenities such as daylight, sunlight and privacy;
(b)
compatibility with the design and appearance of existing Development in the
vicinity, including, but not limited to: Building setback from front property
line; the facing materials; roof pitches; eave depth; Building mass and
architectural detailing; and
Village of Clive Land Use Bylaw
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(c)
its effect on adjacent parcels.
(2)
All roof drainage from a Building shall be directed onto the parcel upon which the
Building is situated by means satisfactory to the Development Authority.
(3)
Any landscaping and/or re-contouring shall be done so that the finished grade does
not direct surface drainage or cause the impounding of drainage onto an adjoining
site unless otherwise approved by the Development Authority.
(4)
Any storm water runoff that will be generated by a Development shall not be
connected to the municipal wastewater system.
6.7
Temporary Buildings
(1)
There shall not be more than one (1) temporary building approved per residential
parcel at any given time; (Amended by Bylaw #532-19)
(2)
A Development Permit for a Temporary Building shall include conditions concerning:
(a)
the size, height, and location of the Building;
(b)
the appearance of the Building;
(c)
the length of time within which the Building may remain erected to a
maximum of twelve (12) months; and
(d)
the provision of a performance bond to ensure the Building is removed within
thirty (30) days of the expiry of the Development Permit.
(3)
The Development Authority may consider a renewal of the Development Permit upon
the submission of a new Development Permit by the applicant.
YARDS
6.8
Projections Over Yards
(1)
Projections are those portions of a Building that that are attached to the Building but
extend beyond the exterior walls of the building.
(2)
Projections supported by foundation walls, footings, or piles are deemed to be part of
the Building, and shall not be considered as a projection over a yard.
(3)
In Residential Districts, the portion of and attachments to a principal or Accessory
Building which may project over or on a minimum yard are:
Village of Clive Land Use Bylaw
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Side Yards
(a)
Any projection, including unenclosed steps or eaves, not exceeding one-half
(½) of the minimum side yard
required for the Building, except
in laneless subdivisions where
Section #6.10 - Laneless
Subdivisions shall apply;
Front Yards
(b)
Any projection not exceeding 1.5
m (5 ft) over or on the minimum
front yard;
Front and Rear Yards
(c)
Unenclosed steps, if they do not
project more than 2.5 m (8 ft)
over or on a minimum front or
rear yard.
Rear Yards
(d)
Any projection not exceeding 3 m (10 ft) over the minimum rear yard.
(4)
In all other Districts, the portion of and attachments to a principal or Accessory
Building which may project over or on a minimum yard are:
(a)
any projection not exceeding 1.5 m (5 ft) into a front or rear yard;
(b)
any projection not exceeding 0.6 m (2 ft) into a side yard;
(c)
any projection that is an exterior fire escape not exceeding 1.2 m (4 ft) in
width.
(5)
No portion of a Building other than eaves, signs or canopies shall project into a public
or private right-of-way.
6.9
Objects Prohibited or Restricted in Yards
(1)
No person shall allow a motor vehicle which is in a wrecked or dismantled condition,
or a Derelict Vehicle, or Unregistered Vehicles in excess of two vehicles, to remain or
be parked on a parcel in a Residential District, unless it is suitably housed or screened
to the satisfaction of the Development Authority.
(2)
A Recreation Vehicle may be stored in the front yard in a Residential District provided
they are parked on a constructed driveway or parking pad and setback at least 1.5 m
(4.92 ft) from the front property line and does not overhang the sidewalk. For side or
Village of Clive Land Use Bylaw
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rear yards on corner parcels they shall be stored on the driveway or else no closer to
the street than the principle building and shall not impede sight lines. (Amended by Bylaw
#532-19)
(3)
A Recreation Vehicle parked in a rear or side yard of a Residential District may be
used for living and sleeping accommodation only for a maximum period of thirty (30)
days consecutively. The owner of a property may request in writing to the Village an
extension to the maximum time period, up to a maximum of ninety (90) days per year.
(Amended by Bylaw #532-19)
(4)
No person shall park a Recreational Vehicle or utility trailer in any manner that
reduces the number of available off-street parking stalls below that required for the
uses of the parcel listed in Section 6.12. (Parking) (Amended by Bylaw #532-19)
(5)
No person shall allow a vehicle of more than 2,730 kg (6,019 lbs.) GVW and/or a
length of 6.5 m (21 ft) to be parked outside in a Residential District, except those
vehicles described in subsection (2) above.
(6)
Motorized vehicles or trailers of any kind parked in a front yard shall be on a
constructed driveway or parking pad.
(7)
A Shipping Container is prohibited in all residential districts, except where it
complies with Section 6.1(9).
6.10
Laneless Subdivisions
(1)
In laneless subdivisions in a Residential District:
(a)
Detached Dwellings with an attached garage shall have one (1) side yard of at
least 1.5 m (5 ft);
(b)
Detached Dwellings without an attached garage shall have one (1) side yard of
at least 3 m (10 ft);
(c)
Duplexes with attached garages shall provide side yards of at least 1.5 m (5 ft);
(d)
Duplexes without attached garages shall provide side yards of at least 3 m (10
ft)
(2)
In a laneless subdivision in a Commercial or Industrial District, one (1) side yard shall
not be less than 6 m (20 ft). This does not apply to an Accessory Building where such
Building is located to the rear of the principal Building and separated there from by a
minimum distance of 12 m (39 ft).
6.11
Fences and Screening
(1)
The maximum height of a fence, measured from the average grade, shall be:
(a)
2.0 m (7 ft) in the rear and side yards; and
Village of Clive Land Use Bylaw
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(b)
1.2 m (4 ft) in the front yard.
(2)
In Residential Districts, a corner parcel must adhere to the sight line requirements as
stated in section #6.14 - Sight Lines at Intersections of Roadways for fences and
hedges constructed or planted adjacent to an alley or roadway on the rear parcel
and/or side parcel boundaries.
(3)
Materials used to construct fences shall be wood, brick, stone, concrete, or metal or
other acceptable material to the satisfaction of the Development Authority and shall
be aesthetically acceptable and in general conformity with adjacent development.
(4)
For commercial, industrial and Apartment developments, garbage and waste material
must be stored in weatherproof and animal proof containers. Garbage and waste
material storage must be screened from public roads, excluding lanes.
(5)
Commercial and industrial developments Abutting a parcel with a principal
residential use shall be screened from view on an interior side parcel line or rear
parcel line, to the satisfaction of the Development Authority.
(6)
Where permitted, outdoor storage areas of commercial and industrial materials and
equipment shall be screened from adjacent parcels and public roads.
VEHICLES
6.12
Parking
(1)
The following minimum number of parking spaces shall be provided and maintained
upon the use of a parcel, or a Building in any District as described in Part #5 - Land
Use District Regulations of this Bylaw. Any calculation of the number of parking spaces
which produces a requirement for part of a space shall be rounded up to the next
highest integer.
USES
PARKING SPACES
COMMERCIAL
Indoor Merchandise Sales
3.5/100 m2 (1,076.4 sq.ft.)
Offices
2.5/100 m2 (1,076.4 sq.ft.)
Repair Services
2.0/100 m2 (1,076.4 sq.ft.)
Restaurants, lounges and taverns
1.0/4 seats indoor, 1.0/12 seats
outdoor
Vehicle and equipment sales
2.0/100 m2 (1,076.4 sq.ft.)
Personal Services
2.5/100 m2 (1,076.4 sq.ft.)
Neighbourhood Shopping Center
4.0/100 m2 (1,076.4 sq.ft.)
Motel, Hotel
1.0/guest room
INDUST
RIAL
Manufacturing Industry
Minimum Provision 6.0
Office area
2.0/100 m2 (1,076.4 sq.ft.)
Other area
1.0/100 m2 (1,076.4 sq.ft.
Village of Clive Land Use Bylaw
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Storage area
Minimum Provision 4.0
0.7/100 m2 (1,076.4 sq.ft.)
Hospital
1.0/4 beds and 1.0/2 staff
PUBLIC
Places of worship
1.0/4 seats
Public assembly Buildings
1.0/4 seat
Elementary, Junior High School
1.0/1 worker
High School
1.0/1 worker and 1.0/20 students
RESIDENTIAL
Detached Dwelling, Duplex, Demi-
Detached Dwelling
2.0/dwelling
Apartment, fourplex, townhouse
1.75/dwelling
Secondary, Garage, Garden Suite
1.0/suite
Bed & Breakfast
1.0/guest room
Supportive Care Residence
2.0/3 units of accommodation
All other
2.0/dwelling
Uses not listed above
The number of spaces shall be
determined by the Development
Officer having regard to similar uses
listed above and the estimated traffic
generation and attraction of the
proposed use.
(2)
When a Building is enlarged or the use of a parcel or a Building is changed or
increased in intensity, the additional parking spaces to be provided shall be limited to
the difference between the requirement of the original Building or use and that of the
enlarged Building or changed or intensified use.
(3)
The parking space requirement on a parcel which has or is proposed to have more
than one (1) use shall be the sum of the requirements for each of those uses unless the
applicants can demonstrate, to the satisfaction of the Development Authority, that
shared parking is feasible.
(4)
Parking spaces shall be located on the same parcel as the use for which they are being
provided except that, subject to the approval of the Municipal Planning Commission,
the spaces may be located on another parcel within 50 m (164 ft) walking distance,
provided that a restrictive covenant, ensuring the use of the parcel for the required
number of parking spaces, is registered against the certificate of title of that parcel.
(5)
Any loading space provided pursuant to section #6.13 - Loading Spaces may be used
as parking space.
(6)
Each parking space shall have dimensions of not less than 2.75 m (9 ft) by 5.5 m (18
ft).
(7)
The dimensions of parking areas shall be as set out in the following table and diagram.
Village of Clive Land Use Bylaw
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A
Parking
Angle
B
Stall
Width
C
Stall
Depth
D
Overall
Depth
E
Manoeuvring
Space
F
Curb
Length
G
Row End
Length
0°
2.75 m
(9 ft)
2.75 m
(9 ft)
9.00 m
(30 ft)
3.50 m
(12 ft)
6.70 m
(22 ft)
0.00 m
30°
2.75 m
(9 ft)
5.00 m
(16 ft)
13.50 m
(44 ft)
3.50 m
(12 ft)
5.45 m
(18 ft)
0.85 m
(3 ft)
45°
2.75 m
(9 ft)
5.70 m
(18 ft)
15.40 m
(51 ft)
4.00 m
(13 ft)
3.85 m
(13 ft)
2.05 m
(7 ft)
60°
2.75 m
(9 ft)
6.00 m
(20 ft)
17.50 m
(57 ft)
5.50 m
(18 ft)
3.2 m
(11 ft)
2.00 m
(7 ft)
90°
2.75 m
(9 ft)
5.50 m
(18 ft)
18.00 m
(59 ft)
7.00 m
(23 ft)
2.75 m
(9 ft)
0.00 m
(8)
A minimum standard of 24.8 m² (266 ft2) per parking space shall be used for general
calculations for the areas of parking facilities or the number of parking spaces in a
parking facility.
(9)
The surface of parking areas shall be all-weather compatible.
(10)
Hard surfacing of the parking area shall be required, where a parking area enters a
paved public roadway, otherwise, the surfacing shall be all-weather.
6.13
Loading Spaces
(1)
Loading spaces shall be required for all non-residential Development and Apartments,
except in the Commercial District (C).
(2)
Loading spaces shall be designed and located so that all vehicles using those spaces
can be parked and manoeuvred entirely within the bounds of the parcel before
moving onto a public roadway.
Village of Clive Land Use Bylaw
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(3)
Loading spaces shall be located in rear and side yards only.
(4)
A loading space shall be at least 3.5 m x 8 m (12 ft x 26 ft), with an overhead clearance
of at least 4.6 m (15 ft).
(5)
Hard surfacing of the loading space shall be required, where a loading space enters a
paved road; otherwise, the surfacing shall be all-weather.
6.14
Sight Lines at Intersections of Roadways
(1)
A corner parcel must adhere to the sight line requirements, 6 m (20 ft) as shown on
the diagram below, for fences constructed or hedges or planted adjacent to
streets/avenues on the
front parcel and/or
side parcel boundaries.
(2)
At the intersection of a street and a lane, a 4.5 m (15 ft) sight triangle shall be
provided.
(3)
At the intersection of lanes, a 3 m (10 ft) sight triangle shall be provided.
(4)
At the intersection
of other roadways,
the Development Authority require the calculation of sight triangles where:
(a)
one or more rights-of-way is less than 15 m (49 ft), or
(b)
regulated vehicle speed exceeds 50 km/h, or
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(c)
one (1) of the carriageways is not centred in its right-of-way, or
(d)
an intersection leg is curved or skewed, or
(e)
an intersection leg is sloped at 2% or greater.
(5)
Sight triangle calculations shall be in accordance with the recommended methods of
the Transportation Association of Canada regarding crossing sight distances for
roadways.
6.15
Sight Triangles at Road and Rail Intersections
(1)
At the intersections of road and railways, which are unprotected by automatic
warning signals, sight triangles shall be determined using the following diagram and
table
(2)
At the intersections of roads and railways, which are protected by automatic warning
signals, the Development Authority may require the calculation of sight triangles
where:
(a)
one (1) or more of the rights-of-way is less than 15 m (49 ft), or
(b)
regulated vehicle speed exceeds 50 km/h, or
(c)
either the carriage way or the railway is not centred in its right-of-way, or
(d)
an intersection leg is curved or skewed, or
(e)
an intersection leg is sloped at 2% or greater.
(3)
Sight triangle calculations shall be in accordance with the recommended methods of
the Transportation Association of Canada regarding crossing sight distances for roads,
with the provision that distance between the nearest rail and the front of the stopping
motor vehicle be between 5 m (16 ft) and 15 m (49 ft) as required by the Highway
Traffic Act.
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SIGNS
6.16
Applying for a Sign Permit
(1)
Except as otherwise provided in this bylaw, the erection, enlargement, relocation,
construction, or alteration of a sign requires a Development Permit.
(2)
A Development Permit is not required for routine maintenance and repair, changing
the content, or reducing the content area of a legally existing sign.
(3)
An application for a sign permit shall include the following information:
(a)
Location of the sign by elevation drawing or site plan of the property showing
distance to front and side property lines, approaches or driveway locations
and distances from existing Building(s);
(b)
Overall dimensions of the sign;
(c)
Amount of projection from the face of the Building or above the building roof
or parapet wall;
(d)
For freestanding signs, a drawing showing the sign's foundation detail;
(e)
Amount of projection over public property;
(f)
Detailed illustration of the sign's text and/or imagery; and
(g)
Manner of illuminating the sign in any form of constant, animated or
intermittent lights
(4)
The Development Authority:
(a)
shall issue a sign permit if the application complies with this Bylaw; or
(b)
may, in accordance with section #4.4 - Granting Relaxations, issue a sign
permit for a sign that does not entirely comply with this Bylaw.
6.17
General Sign Provisions
(1)
All Signs shall be designed and manufactured to a professional standard of quality, to
the satisfaction of the Development Authority.
(2)
No Sign shall resemble or conflict with a traffic sign, signal or device.
(3)
The design and location of a Sign on a Building shall complement the architectural
elements and materials of the Building.
(4)
A sign shall not conflict with the general character of the surrounding streetscape or
the architecture of either the Building to which it is attached or nearby Buildings or be
liable to create a cluttered appearance to the streetscape.
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(5)
No sign shall project higher than the roofline of the Building to which it is attached.
(6)
A sign shall not project closer than 0.75 m (3 ft) to the existing or future curb line.
(7)
Where a sign projects over public property, a minimum clearance of 2.5 m (8 ft) above
grade level shall be maintained.
(8)
Notwithstanding subsection (7), where a sign is located in or projects into or over a
driveway or other area of vehicle movement, a minimum clearance of 4.6 m (15 ft)
above grade level shall be maintained.
(9)
A sign shall not obstruct the view of or be liable to be confused with an official traffic
sign, signal or device or otherwise pose a potential hazard to traffic.
(10)
A sign shall not display lights which may be mistaken for the flashing lights
customarily associated with danger or those used by police, fire, ambulance or other
emergency vehicles.
(11)
All Sign lighting shall be designed to illuminate the Sign only.
(12)
All Signs shall be kept in a safe, clean, tidy and legible condition and may, at the
discretion of the Development Authority, be required to be renovated or removed if
not kept in a safe, clean, tidy or legible condition.
6.18
Signs Not Requiring a Permit
(1)
Proponents of any Sign not requiring a Development Permit should consult with
the Development Officer to ensure compliance with the Bylaw. The following signs
do not require a Development Permit:
(a)
Board Signs where they are Permitted Uses on the subject Site;
(b)
Projecting Signs that are Permitted Uses on the subject Site;
(c)
Bench Signs;
(d)
Community Information Signs;
(e)
Window Signs that do not exceed 30 percent of the window area;
(f)
Identification Signs less than 0.2 square metres in area;
(g)
One (1) Temporary Sign that does not exceed 3.0 square metres in area;
(h)
One (1) Temporary Sign that does not exceed 18.0 square metres within the
ALH District for the purposes of advertising an approved conceptual planning
scheme or Subdivision;
Village of Clive Land Use Bylaw
Page 56
(i)
Signs associated with an approved Home Occupation - Minor or Home
Occupation - Major;
(j)
Municipal Signs used to indicate street names, to control traffic, or to identify
municipal Buildings or lands, or otherwise provide direction and wayfinding;
(k)
An official notice, Sign, placard or bulletin required to be displayed pursuant
to the provisions of federal, provincial, or municipal legislation;
(l)
Existing lawful Signs when only the face of a previously approved Sign is being
changed;
(m) On-Site traffic circulation and parking regulations provided the Sign does not
exceed 1.0 square metre in area and is no more than 1.2 metres high from
Grade;
(n)
Maintenance of any lawful Sign; and
(o)
Signs intended to provide guidance, warning or restraint of persons, provided
the Sign does not exceed 0.4 square metres in area.
6.19
Fascia and Projecting Signs
(1)
No fascia or projecting sign shall be lower than 2.5 m (8 ft) above grade, except in the
case of signs intended solely for the information of pedestrians in which case the
height shall be determined by the Municipal Planning Commission having regard,
amongst other things, to clarity and safety.
(2)
No fascia or projecting sign on a single storey Building shall be higher than the eave-
line of the Building.
(3)
No fascia or projecting sign on a Building two or more storeys in height shall be higher
than the sill level of the second-floor windows or the equivalent height in the case of
attachment to a blank wall.
(4)
No fascia sign shall project more than 0.4 m (1 ft) over a street or public property.
(5)
The maximum surface area on one side for projecting signs shall be 1.0 m² (11 ft2.)
(6)
On corner sites, projecting signs shall be placed at equal angles to the walls that form
the corner and on other sites, at right angles to the wall.
(7)
Projecting signs shall not project more than 1.0 m (3 ft) over a street or public
property.
(8)
Only one projecting sign may be erected on each street frontage of a Building.
6.20
Freestanding Signs and Billboards
(1)
No freestanding sign or Billboard shall extend beyond 6.0 m (20 ft) above grade or
Village of Clive Land Use Bylaw
Page 57
have a single surface area larger than 4.5 m² (48 ft2)
(2)
Only one freestanding sign or Billboard may be erected on each of a parcel's
boundaries with a street.
(3)
No freestanding sign or Billboard shall be erected in such proximity to a Public
Recreation District that it would detract from the natural aesthetics of that District.
(4)
Freestanding signs and Billboards shall be separated by a minimum distance of 30.0
m (98 ft) from each other.
(5)
Freestanding signs and Billboards shall only be erected on sites to which their
display relates except in the case of:
(a)
advance directional signs which may be approved by the Development
Authority in locations where it considers the free and safe flow of traffic may
be enhanced, or
(b)
signs used solely to promote charitable or community organizations and
events.
6.21
Portable Signs
(1)
Only one portable sign shall be permitted on a parcel at any one time
(2)
No portable sign shall be higher than 2.0 m (7 ft) above grade or larger than 3.3 m2
(36 ft2) in sign area.
(3)
With the exception of portable signs promoting a temporary charitable or community
event, the sign copy shall directly relate to the use of the site upon which the sign is
located.
(4)
No portable sign shall be placed on any Village owned property without the written
consent of the Village CAO or designate.
(5)
The use of a portable sign by any business shall be limited to a maximum of sixty (60)
consecutive days at a time. A business shall not be permitted to use a portable sign for
a minimum of 30 days following the expiry of a permit for a portable sign.
6.22
Awning Signs
(1)
Awning signs shall only be permitted if the awning is a minimum of 2.5 m (8 ft) above
grade.
Village of Clive Land Use Bylaw
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6.23
Other Signs
(1)
The Development Authority may approve other signs subject to the General Sign
Provisions of section #6.17 - General Sign Provisions.
6.24
Sign Removal
(1)
Where a sign no longer fulfils its function under the terms of the approved
Development Permit, the Development Authority may recommend that the Council
resolve to order the removal of such a sign, and the lawful owner of the sign or where
applicable, the registered property owner, shall, upon such a resolution:
(a)
remove such a sign and all related structural components within thirty (30)
days from the date of receipt of such a removal notice;
(b)
restore the immediate area around the sign to the satisfaction of the
Development Authority; and
(c)
bear all the costs related to such removal and restoration.
MISCELLANEOUS
6.25
Non-Conforming Buildings and Uses
(1)
A non-conforming use of land or a Building may be continued but if that use is
discontinued for a period of six (6) consecutive months or more, any future use of the
land or Building shall conform with the provisions of the Land Use Bylaw then in
effect.
(2)
A non-conforming use of part of a Building may be extended throughout the Building
but the Building, whether or not it is a non-conforming Building, shall not be enlarged
or added to and no structural alterations shall be made thereto or therein.
(3)
A non-conforming use of part of a parcel shall not be extended or transferred in whole
or in part to any other part of the parcel and no additional Buildings shall be erected
upon the parcel while the non-conforming use continues.
(4)
A non-conforming Building may continue to be used but the Building shall not be
enlarged, added to, rebuilt or structurally altered except:
(a)
as may be necessary to make it a conforming Building, or
(b)
as the Development Authority considers necessary for the routine
maintenance of the Building, or
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Page 59
(c)
in accordance with the provisions of section #4.4 - Granting Relaxations.
(5)
If a non-conforming Building is damaged or destroyed to the extent of more than 75 %
of the market value of the Building above its foundation, the Building shall not be
repaired or rebuilt except in accordance with this Bylaw.
(6)
The use of land or the use of a Building is not affected by reason only of a change of
registered ownership, tenancy or occupancy of the land or Building.
6.26
Dangerous Goods
(1)
Prior to making any decision on a Development application which involves dangerous
goods or Development on Adjacent Land or in close proximity to any dangerous goods
the Development Authority shall refer the Development proposal to the appropriate
regulatory authority for comments.
6.27
Home Occupations
(1)
In accordance with 2.1(2) (c) a Development Officer may make a decision on an
application for a Home Occupation provided the application complies entirely with
the regulations herein.
(2)
Pursuant to the definition of "Home Occupation" in Part One, Home Occupations in
this Bylaw are identified as follows:
(a)
Home Occupation - Class 1 Minor means a Home Occupation which:
(i)
Does not involve any client or customer visits to the Dwelling Unit;
and
(ii)
Does not involve any employees working on-site other than principal
home residents.
(b)
Home Occupation - Class 2 Major means a Home Occupation where a
limited number of clients access the site or additional pedestrian, or vehicle
traffic is generated. In addition to the regulations in this section, a Home
Occupation - Class 2 Major shall comply with the following:
(i)
No more than six (6) client or customer visits to the Dwelling Unit per
day;
(ii)
No more than one (1) employee working on-site who does not reside
in the Dwelling Unit.
(3)
All Home Occupations shall comply with the following:
(a)
a home occupation shall not include any use or operation which detracts from
the amenities of a residential neighbourhood, by way of creating dangerous or
objectionable conditions;
(b)
a home occupation shall be incidental and subordinate to both the residential
Village of Clive Land Use Bylaw
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use and any Accessory Residential Building;
(c)
there shall be no exterior display or advertising with the exception of one sign
with a maximum area of 0.4 m2 (4 ft2) being located within a window or, at the
discretion of the Development Authority, located on the Building or other
suitable location on the site;
(d)
there shall be no outside storage of materials, commodities or finished
products;
(e)
no commodity other than the product or service of the home occupation shall
be sold on the premises;
(f)
no person other than a resident of the dwelling shall be employed on-site,
unless approved as a Home Occupation - Class 2 Major;
(g)
not more than one (1) business vehicle used in or for the home occupation
shall be parked on the site or any street adjacent thereto;
(h)
a home occupation shall not involve the on-site use and/or storage of
hazardous or dangerous goods; and
(i)
a home occupation license does not exempt the applicant from compliance
with any federal or provincial regulation, or any municipal Bylaw or
regulation.
(j)
a permit for a home occupation may be revoked at any time if, in the opinion
of the Development Authority, the home occupation has become detrimental
to the residential nature and amenity of the neighbourhood or otherwise does
not meet the criteria or intent of a home occupation.
6.28
Keeping of Livestock
(1)
Subject to section #6.28(2) below, no person shall keep or permit to be kept on any
site in a residential District:
(a)
animals, livestock or poultry with the exception of dogs, cats and hens
authorized and licensed under Bylaw #500-13 (Dog Control Bylaw), Bylaw
#513-16 (Cat Control Bylaw), or Bylaw #531-19 (Urban Hen Bylaw)
respectively and such other domestic pet; (Amended by Bylaw #532-19)
(b)
any pets or domestic animals on a Commercial basis.
(2)
In the Residential Small Holdings District (RSH), a person may be allowed to keep
horses to a maximum of one (1) per 0.4 ha (1 acre) on a site of not less than 1.2 ha (3
acres) if, in the opinion of the Municipal Planning Commission, the site is suitable for
such use and it would not create a nuisance for neighbouring properties.
(3)
The number of animals referred to in Subsection (2) does not apply to offspring under
the age of six (6) months of any horses kept on the site.
Village of Clive Land Use Bylaw
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6.29
Mechanized Excavation, Stripping and Grading of Parcels
(1)
A temporary fence shall be erected around all excavations which, in the opinion of the
Development Authority, may be hazardous to the public.
(2)
Where finished ground elevations are established, all grading shall comply therewith.
(3)
All Parcels shall be Graded to ensure that storm water is directed to a Road without
crossing Adjacent Land, except as permitted by the Development Authority.
(4)
All topsoil shall be retained on the Parcel, except where it must be removed for
Building purposes.
(5)
Parcel grades and Building elevations shall be established to ensure effective drainage
and prevent drainage from one parcel to another, except where drainage conforms to
an approved subdivision drainage plan.
(6)
The owner of a parcel shall be responsible to ensure that grading is maintained over
time to provide effective drainage. Where maintenance of a common drainage swale
or path at a property line is required, the responsibility of maintenance lies with the
owners of both parcels. Where a drainage swale or path is established within an
easement or right-of-way on a parcel, swale grades shall be maintained, and the swale
shall be kept free of any obstructions.
(7)
Where retaining walls are necessary or proposed in any development, such walls shall
be developed with professional quality and shall not negatively affect Abutting parcels
due to site elevations or drainage.
6.30
Development in Proximity to Oil and Gas Wells
(1)
In accordance with the Matters Related to Subdivision and Development Regulation, no
Building shall be constructed within 100 m (328 ft) of the well head of a gas or oil
well, unless in the opinion of the Development Officer, it may be considered an infill
Development or is otherwise approved in writing by the Alberta Energy Regulator
6.31
Development Setbacks from Landfills and Waste Sites
(1)
In accordance with the Matters Related to Subdivision and Development Regulation:
(a)
a school, hospital, or residence must not be approved and a school, hospital or
residence must not be constructed if the Building site is within the distances
from a sanitary landfill, modified sanitary landfill, hazardous waste
management facility, dry waste site, waste processing site, waste storage site,
waste sorting station or waste transfer station specified in the Matters Related
to Subdivision and Development Regulation; and
(b)
a sanitary landfill, modified sanitary landfill, dry waste site, hazardous waste
management facility, waste processing site, waste storage site, waste sorting
station or waste transfer station must not be approved within the distance
Village of Clive Land Use Bylaw
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from the property boundary of a school, hospital, or residence, specified in the
Matters Related to Subdivision and Development Regulation,
The requirements contained in the Matters Related to Subdivision and Development
Regulation may be varied by a subdivision authority or a development authority if the
applicant submits a report from a professional engineer that addresses the criteria for
a variance stipulated in the Guideline for Setback Reviews published by the
Department of Environment and Parks in May, 2022, as amended from time to time.
6.32
Provincial Land Use Policies
(1)
Every action undertaken by the municipality and the Development Officer must be
consistent with any land use policies established pursuant to the Municipal
Government Act.
6.33
Secondary Suites in Residential Districts
(1)
Secondary Suites may only be situated in a single family Detached Dwelling.
(2)
A maximum of one secondary suite may be allowed per Detached Dwelling lot.
(3)
The floor area of a secondary suite located within the principal dwelling shall not
exceed the ground floor area of the principal dwelling.
(4)
One (1) off-street parking stall shall be provided per secondary residence in addition
to the required number of parking stalls for the principal Building.
(5)
Separate municipal utility services or means of suspending service to the secondary
residence without disrupting service to the principal residence may be required at the
discretion of the Development Authority.
(6)
There may only be one Secondary Suite per parcel and a parcel containing a
Secondary Suite shall not be allowed to have a Garden Suite or Garage Suite.
6.34
Garden Suites
A Garden Suite:
(1)
shall only be situated in the Rear Yard of a Parcel.
(2)
shall not exceed one storey in height and not more than 5.5 m (18ft).
(3)
shall be situated so the exterior walls are at least;
(a)
1.5 m (5 ft.) from the side property boundary except that on a corner Parcel,
the Garden Suite shall be no closer to the Street than the primary dwelling;
(b)
1.5 m (5 ft.) from the rear property boundary when the Garden Suite has a
blank wall facing that boundary;
(c)
3.0 m (10 ft.) from the rear property boundary when the Garden Suite has a
Village of Clive Land Use Bylaw
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window opening in the wall facing that boundary;
(d)
2.5 m (8 ft.) from the primary dwelling and all other Buildings on the Parcel.
(4)
Have a maximum floor area of 60 m2 (646 ft2)
(5)
shall be placed on prepared cribbings or piers and shall be skirted within 30 days of
its placement on the Parcel.
(6)
shall be connected to the utilities servicing the primary dwelling.
(7)
shall not, in combination with the primary residence, result in site coverage in excess
of 40% of the area of the Parcel.
(8)
shall be of a design and appearance that is acceptable to the Development Authority.
(9)
there may only be one Garden Suite per parcel and a parcel containing a Garden Suite
shall not be allowed to have a Secondary Suite or Garage Suite.
6.35
Garage Suites
(1)
Notwithstanding section 6.1, an accessory building containing a garage suite may be
used as a subordinate dwelling to the principal dwelling unit on the parcel.
(2)
Garage Suites shall have an entrance separate from the entrance to the detached
garage.
(3)
Garage Suites shall be restricted to sites that can be accessed by a rear lane.
(4)
There may only be one garage suite per parcel and a parcel containing a garage suite
shall not be allowed to have a secondary suite or garden suite.
(5)
A parcel containing a garage suite may also accommodate a Home Occupation as
described in section 6.27.
(6)
One on-site parking stall shall be provided per garage suite, in addition to the number
of stalls required for the principal building.
(7)
Garage Suite Design Guidelines:
(a)
Garage and suite exteriors shall relate to the house exterior by utilizing similar
design elements, colours and finish materials.
(b)
Windows and platform structures, including balconies and stairwells, shall be
designed to face a flanking roadway, interior of the lot, or the lane, so as to
provide privacy for adjacent properties.
(8)
All garage suites shall comply with the Province of Alberta's Building Code and Fire
Code.
(9)
A garage suite shall not be subject to separation from the principle dwelling through a
condominium conversion or subdivision.
(10)
In addition to the other regulations listed herein, the following standards shall apply
to garage suites:
Village of Clive Land Use Bylaw
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(a)
Garage suites shall only be located on parcels containing single detached
dwellings
(b)
The minimum parcel area that may contain a garage suite is 428 m2
(4607ft2).
(c)
The maximum floor area of a garage suite is 60 m2 (645 ft2).
(d)
The minimum side yard shall be the same as the primary dwelling
requirement for the district.
(e)
The minimum rear yard shall be 1.2 m (4 ft)
(f)
The maximum height of a garage suite is 7.5 m (24.6 ft.) above grade and shall
not exceed the height of the principal dwelling.
6.36
Bed and Breakfast Establishments
(1)
The residential nature of the dwelling and the neighbourhood shall be preserved as
much as is reasonably possible.
(2)
A dwelling that is being used for a Bed and Breakfast Establishment shall not also
contain a secondary residence.
(3)
The granting of a Development Permit for a Bed and Breakfast Establishment does not
exempt compliance with any provincial regulations or other permit requirements.
(4)
A Bed and Breakfast shall:
(a)
Not contain cooking facilities in bedrooms or suites for use by guests.
(b)
Have no form of advertising related to the business, except for one (1)
identification sign (0.12 m2) placed in a window, discernible from outside of
the Building; and
(c)
Not be approved within a Dwelling where a Development Permit has been
issued for the followings:
(i)
Home Occupation - Major (Class 2);
(ii)
Supportive Housing
6.37
Drinking Establishments
(1)
No Development application for the construction or renovation of a drinking
establishment may be approved unless it meets the following requirements: 
(a)
No openings, such as a public entrance door or opening window, and no
outdoor patio balcony, shall be located on a side of the subject Building that
faces or abuts a residential district or a lane or road separating the site from a
residential district. This prohibition does not apply to emergency exits,
loading-bay doors or non-opening windows;
(b)
The parking areas of the drinking establishment, which are located adjacent to
a residential area, shall be screened to the satisfaction of the Development
Authority;
(c)
Lighting of a site containing a drinking establishment shall be provided to the
satisfaction of the Development Authority and so as to minimize the potential
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impact on any adjacent residential uses;
(d)
Subject to safety code requirements, outdoor patios shall be enclosed so that
they are only accessible via the indoor portion of the drinking establishment;
(e)
Outdoor patio enclosures must be:
(i)
Permanent / immovable;
(ii)
A minimum of 1.8 m (6 ft) in height; and
(iii)
Made of a material, such as tempered glass, that allows for two-way
visual surveillance, and limits or prevents physical interaction
between patrons and people outside the drinking establishment.
(f)
The Development Authority may require that elevated or rooftop outdoor
patios be set back from the property line or Building eave to reduce or
eliminate patrons' sightlines and ability to interact with persons on the street
or lane immediately adjacent to the drinking establishment.
(g)
Elevated or roof top outdoor patios should be sited so as to minimize their
potential impact on the use and enjoyment of surrounding land uses,
particularly residential uses.
(h)
In making its decision, the Development Authority shall be mindful of Crime
Prevention Through Environmental Design (CPTED) principles.
6.38
Drive Through Businesses
(1)
Drive Through Businesses shall be located only where the Development Authority is
satisfied that the Development and the on-site layout of vehicle circulation patterns
will not adversely affect the functioning of surrounding public roadways.
(2)
Queuing space shall be provided on the same site as the Development as follows:
(a)
For drive through food services and other Development having a service
window or automated machine, a minimum of five (5) inbound queuing
spaces shall be provided for vehicles approaching the service window or
automated machine. One (1) outbound queuing space shall be provided on the
exit side of the service window or automated machine.
(b)
For drive through vehicle services, a minimum of five (5) inbound queuing
spaces shall be provided and a minimum of two (2) outbound queuing spaces
shall be provided prior to exiting onto a public roadway
(c)
Each queuing space shall be a minimum of 5.5 m (18 ft) long and 3 m (10 ft)
wide. Queuing lanes shall provide sufficient space for turning and
manoeuvring.
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6.39
Guidelines for Other Land Uses
(1)
All uses which are not covered by specific regulations in Part #5 - Land Use District
Regulations shall, in accordance with the following guidelines, be:
(a)
separated from adjacent uses by such a distance as to ensure that there will be
no adverse impact upon or by those adjacent uses,
(b)
at a density which is consistent with that prevailing in the area, unless
otherwise provided for in a statutory plan,
(c)
setback from any parcel boundary abutting a public roadway a sufficient
distance to ensure that the Development will not be visually intrusive, having
regard to any possible changes in surrounding uses,
(d)
of a height which will be consistent with that prevailing in the area,
(e)
developed in such a manner that there will be no adverse impact upon or by
traffic on adjacent public roadways, and
(f)
developed in conformance with and any applicable statutory plan policies.
6.40
Solar Energy Collectors
(1)
A Solar Collector shall:
(a)
Be located and mounted to ensure that no glare is produced for Adjacent
Sites;
(b)
Meet the height requirements of the District in which it is located; and
(c)
Be located in the Rear Yard when located on the ground of a property in a
residential District.
(2)
When a Solar Collector is located on the ground of a property in any District, the
Setbacks and screening shall be to the satisfaction of the Development Authority.
6.41
Outdoor Storage
(1) Where any non-residential development includes outdoor storage, other than an
Outdoor Storage Yard:
(a)
The land used must be screened from adjacent roads, and at the discretion of
the Development Authority, from adjacent land uses;
(b)
Required screening shall not be less than 2.0m and not more than 2.5m in
height;
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(c)
The stored material shall not be piled higher than the height of the screening
provided.
(d)
Shipping Containers/Sea Can Storage Containers may only be located in
industrial, public, and commercial districts providing that:
i.
They are not located in a Front Yard or exterior side yard;
ii.
They are not stacked. Under special circumstances this requirement may
be exempted upon Municipal Planning Commission approval.
iii.
They are not used to store any dangerous or hazardous materials;
iv.
They are screened from view to the satisfaction of the Development
Authority; and
v.
There are no visual or material impacts on neighbouring properties, to
the satisfaction of the Development Authority.
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PART 7
ENFORCING THE LAND USE BYLAW
7.1
Contravention and Enforcement
(1)
If the Development Authority finds that a Development, land use or use of a Building is
not in conformity with:
(a)
This Bylaw, Part 17 of the Municipal Government Act or Matters Related to
Subdivision and Development Regulation; or
(b)
a Development Permit or subdivision approval;
the Development Authority may, by written notice, order the owner, the person in
possession of the land or Building, or the person responsible for the contravention, or
any or all of them, to
(c)
stop the Development or use of the land or Building in whole or in part as
directed by the notice,
(d)
demolish, remove or replace the Development, or
(e)
carry out other actions required by the notice so that the Development or use
of the land or Building complies with the Land Use Bylaw, Part 17 of the
Municipal Government Act or Matters Related to Subdivision and Development
Regulation, a Development Permit or subdivision approval.
and in such order establish a time for reasonable compliance with such order.
(2)
Any person who receives an order under section 7.1(1) may appeal to the Subdivision
and Development Appeal Board pursuant to section #4.9 - Appealing a Decision of the
Development Authority of this Bylaw.
(3)
If a person fails or refuses to comply with an order under section #7.1(1) or an order
of the Subdivision and Development Appeal Board made pursuant to Part 17 of the
Municipal Government Act, the municipality may enter on the land or Building and
take any action necessary to carry out the order.
(4)
The municipality may register a caveat under the Land Titles Act in respect of an order
referred to in Subsection (1) against the certificate of title for the land that is the
subject of the order, but if it does so the municipality must discharge the caveat when
the order has been complied with.
(5)
When the Council or a person appointed by it carries out an order, the Council shall
cause the costs and expenses incurred in carrying out the order to be placed on the
tax roll as an additional tax against the property concerned and that amount shall be
collected in the same manner as taxes on land.
(6)
Where a person fails or refuses to comply with an order directed to him/her under
subsection (1) or an order of the Subdivision and Development Appeal Board under
the Municipal Government Act within the time specified, the Village may seek a court
order from the Court of King's Bench for any or all of the following:
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(a)
a declaration that the person who received an order is in breach of the Land
Use Bylaw, an order issued under the Land Use Bylaw and/or the
Subdivision and Development Appeal Board's decision relating to an appeal
of an order,
(b)
an injunction ordering the person who received an order referred to in
subsection (a) to comply with the Land Use Bylaw within a certain period of
time,
(c)
an order providing that, if compliance has not been achieved within the
period stated in the court order, that the Village or persons appointed by it
has the right to enter upon the land and Building and take steps necessary to
achieve compliance with the Land Use Bylaw,
(d)
an order that legal costs and the costs to achieve compliance incurred by the
municipality can be added to the tax roll for the land that is the subject of the
court order,
(e)
a provision that the court order may be registered against the certificate of
title for the land that is the subject of the court order and discharged only on
full compliance with the court order.
(7)
An Enforcement Officer may inspect premises in accordance with the provisions of
the Municipal Government Act where there are reasonable grounds to believe that
the premises are being used in contravention of this bylaw. Without limiting the
generality of the foregoing, such reasonable grounds would include:
(a)
complaints from the public that the premises are being used contrary to the
bylaw,
(b)
the observations of an Enforcement Officer that there is excessive traffic,
parking problems, accumulated debris in a yard or other apparent breach of
this bylaw.
7.2
Offences and Penalties
(1)
A person who contravenes or does not comply with:
(a)
this Bylaw;
(b)
Part 17 or the Municipal Government Act;
(c)
the Matters Related to Subdivision and Development Regulation;
(d)
an order under Section #7.1 of this Bylaw;
(e)
a Development Permit or subdivision approval, or a condition therein;
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(f)
a decision of the Subdivision and Development Appeal Board; or
(g)
who obstructs a person in the exercise or performance of his/her powers or
duties under this Bylaw;
is guilty of an offence.
(2)
A person who is guilty of an offence referred to in section #7.2(1) above is liable to a
fine of not more than ten thousand dollars ($10,000.00) or to imprisonment for not
more than one (1) year, or to both fine and imprisonment.
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PART 8
AMENDING THE LAND USE BYLAW
8.1
Initiating an Amendment
(1)
The Council on its own initiative may give first (1st) reading to a Bylaw to amend this
Bylaw.
(2)
A person may make application to the Development Officer to amend this Bylaw. The
application shall include:
(a)
a statement of the specific amendment requested;
(b)
the purpose and reasons for the application;
(c)
if the application is for a change of District, the legal description of the lands,
or a plan showing the location and dimensions of the lands;
(d)
a statement of the applicant's interest in the lands; and
(e)
an application fee to be established by Council and set out in the Village of
Clive's Master Rates & Fees Bylaw #511 - 16, as amended. A portion of such
fee, constituting the cost of advertising a proposed amendment, shall be
refunded to the applicant if the amendment is defeated at first reading or
withdrawn prior to advertising of the proposed amendment.
(3)
If the amendment is for a re-designation of land, the Development Officer may
require:
(a)
an outline plan for the area to be re-designated, to the level of detail specified
by the Development Officer; and
(b)
payment of a fee equal to the costs incurred by the municipality to review the
proposed re-designation and/or related outline plan, or if necessary to
prepare an outline plan.
8.2
Processing an Amendment
(1)
Upon receipt of an application for amendment to this Bylaw, the Development Officer
shall initiate an investigation and analysis of the potential impacts of Development
resulting from or allowed as a result of the proposed amendment. The analysis shall
be based on the full Development potential of the proposed amendment and not on
the merits of any particular Development proposal. The analysis shall, among other
things, consider the following impact criteria:
(a)
Relationship to and compliance with approved statutory plans and Council
policies
(b)
Relationship to and compliance with statutory plans or outline plans in
preparation;
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(c)
Compatibility with surrounding Development in terms of land use function
and scale of Development;
(d)
Traffic impacts;
(e)
Relationship to, or impacts on, services such as water and sewage systems,
and other public utilities and facilities such as recreation facilities and schools;
(f)
Relationship to municipal land, right-of-way or easement requirements;
(g)
Effect on stability, retention, and rehabilitation of desirable existing uses,
Buildings, or both in the area;
(h)
Necessity and appropriateness of the proposed amendment in view of the
stated intentions of the applicant; and
(i)
Relationship to the documented concerns and opinions of area residents
regarding Development implications.
(2)
Upon receipt of an application for amendment to this Land Use Bylaw, the
Development Officer shall determine when the application will be placed before the
Council and shall issue not less than five (5) days' notice to the applicant advising that
he may appear before the Council at that time and speak to the application. An
application for amendment shall be placed before the Council within sixty (60) days of
its receipt by the Development Officer.
(3)
The Council, in considering an application to amend this Bylaw, may at its sole
discretion:
(a)
refuse the application; or
(b)
refer the application for further information; or
(c)
pass first reading to a Bylaw to amend this Bylaw, with or without conditions
or amendments; or
(d)
defeat first reading of a Bylaw to amend this Bylaw; or
(e)
pass first reading of an alternative amendment to this Bylaw, with or without
conditions.
(4)
Following first reading to an amending Bylaw, the Council shall:
(a)
establish the date, time and place for a public hearing on the proposed Bylaw;
(b)
if a Bylaw to establish procedures for public hearings has not been passed:
(i)
outline the procedures to be followed by any person, group of persons
or person representing them who wish to be heard at the public
hearing, and
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(ii)
outline the procedure for conducting the public hearing.
(5)
Following first reading of an amending Bylaw, the Development Officer must give
notice of the public hearing by:
(a)
publishing notice at least once a week for two (2) consecutive weeks in at
least one (1) newspaper or other publication circulating in the area to which
the proposed Bylaw relates, or
(b)
mailing or delivering notice to every residence and to every assessed owner of
a residence, if other than the occupier, in the area to which the proposed
Bylaw relates.
(6)
A notice of a public hearing must be advertised at least five (5) days before the public
hearing occurs and must contain:
(a)
a statement of the general purpose of the proposed Bylaw and public hearing;
(b)
the address where a copy of the proposed Bylaw and any document relating to
it, or the public hearing may be inspected; and
(c)
the date, place and time where the public hearing will be held.
(7)
In the case of an amendment to change the district designation of a parcel of land, the
Development Officer must, in addition to the requirements of section #8.2(5),
(a)
include in the notice:
(i)
the municipal address, if any, and the legal address of the parcel of
land; and
(ii)
a map showing the location of the parcel of land;
(b)
give written notice containing the information described in sections #8.2(5)
and (6) to the assessed owner of the parcel of land at the name and address
shown on the assessment roll of the municipality, and;
(c)
give written notice containing the information described in sections #8.2(5)
and (6) to each owner of Adjacent Land at the name and address shown for
each owner on the assessment roll of the municipality.
(8)
If the land referred to in section #8.2(7) is in Lacombe County, the written notice must
be given to that municipality and to each owner of Adjacent Land at the name and
address shown for each owner on the tax roll of Lacombe County.
(9)
Notwithstanding section 8.2(1) this Bylaw may be amended without giving notice or
holding a public hearing if the amendment corrects clerical, technical, grammatical or
typographical errors and does not materially affect the Land Use Bylaw in principal or
substance.
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(10)
In the public hearing, the Council:
(a)
must hear any person, group of persons, or person representing them, who
claims to be affected by the proposed Bylaw and who has complied with the
procedures outlined by Council; and
(b)
may hear any other person who wishes to make representations and whom
the Council agrees to hear.
(11)
After considering the representations made to it about the proposed Bylaw at the
public hearing and after considering any other matter it considers appropriate,
Council may:
(a)
pass the Bylaw;
(b)
refer it for further information or comment;
(c)
make any amendment to the Bylaw it considers necessary and proceed to pass
it without further advertisement or hearing; or
(d)
defeat the Bylaw.
(12)
Prior to third reading of the proposed Bylaw, Council may require the applicant to
apply for a Development Permit and negotiate a Development Agreement in respect of
the proposal which initiated the application for amendment.
(13)
After third reading of the proposed Bylaw, the Development Officer shall send a copy
of it to:
(a)
the applicant;
(b)
the registered owner of the land if not the applicant;
(c)
the Director of Parkland Community Planning Services;
(d)
Lacombe County, if it received a copy of the proposed Bylaw pursuant to
section #8.2(7).
(14)
The Development Officer shall not accept an application for amendment which is
identical or similar to an application which was refused by Council, for a period of
three (3) months after the date of the refusal unless, in the opinion of the
Development Officer, the reasons for refusal have been adequately addressed or the
circumstances of the application have changed significantly.
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PART 9
DEFINITIONS
(1)
In this Land Use Bylaw,
ABUT OR ABUTTING means immediately contiguous to or physically touching, and when used in
respect of a Parcel, means that the two Abutting Parcels share a property line.
ACCESSORY BUILDING means a building separate and subordinate to the principal building, the use
of which is incidental to that principal building and is located on the same parcel of land;
ACCESSORY DWELLING UNIT means a dwelling unit which is accessory to other developments on
the parcel;
ACCESSORY RESIDENTIAL BUILDING means an accessory building to a residence, and includes such
things as garages, garden sheds and greenhouses and Coops; (Amended by Bylaw #532-19)
ACCESSORY SUITE means a secondary Dwelling Unit subordinate to the principal residential
Building which is self-contained and may include any of the followings:
(a)
Garage Suite
(b)
Garden Suite
(c)
Secondary Suite
ACCESSORY USE means a use customarily incidental and subordinate to the principal use and is
located on the same parcel of land with such principal use.
ACCOMMODATION UNIT means one or more rooms that provide(s) sleeping accommodation and
bathroom facilities (excluding campgrounds and/or RV parks) for not more than four persons, and
is not equipped with self-contained cooking facilities;
ACT means the Municipal Government Act and the regulations pursuant thereto;
ADJACENT LAND means land that is contiguous to the parcel of land that is the subject of an
application and includes land that would be contiguous if not for a highway, road, river or stream or
any other land identified by the Development Authority;
AGRICULTURAL OPERATION an agricultural activity conducted on agricultural land for gain or
reward or in the hope or expectation of gain or reward, and includes:
a) The cultivation of land;
b) The raising of livestock; pastureland;
c) The production of agricultural field crops;
d) The production of fruit, vegetables, sod, trees, shrubs and other specialty horticultural
crops;
e) The operation of agricultural machinery and equipment, including irrigation pumps;
f) The operation of fertilizers, insecticides, pesticides, fungicides and herbicides, including
application by ground and aerial spraying for agricultural purposes.
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APARTMENT means a residential building consisting of at least five (5) dwelling units utilizing a
common entrance;
APPEAL BOARD means the board hearing a Subdivision or Development Permit appeal in
accordance with the Act.
APPLICANT means an owner, agent or any person, firm, or company required to obtain or
having obtained a Development Permit;
AREA REDEVELOPMENT PLAN means a plan adopted by the Council as an area redevelopment plan
pursuant to the Municipal Government Act;
AREA STRUCTURE PLAN means a plan adopted by the Council and pursuant to the Municipal
Government Act;
AUCTION MART means a parcel and/or a building used for the temporary storage of goods,
excluding livestock, which are to be sold on the premises by public auction from time to time;
AUTO WRECKING (SALVAGE) YARD means land and buildings that are used for the storage and
dismantling of old or wrecked cars or trucks for the purpose of recycling their components;
BASEMENT means a habitable portion of a building which is partly underground, but which has more
than fifty (50) percent of the distance, between the floor level and the underside of the ceiling joists,
above adjacent ground elevation;
BED and BREAKFAST ESTABLISHMENT means an owner-occupied detached dwelling where
temporary accommodation is provided in three or less guest rooms and meals are supplied on a
daily basis to registered guests;
BOARDING and ROOMING HOUSE means a detached dwelling in which a proprietor supplies for a
fee sleeping accommodations, with or without meals, for at least three (3) but not more than six (6)
persons, exclusive of the proprietor's family;
BUILDING includes anything constructed or placed on, in, over or under land but does not include a
highway or road or a bridge forming part of a highway or road;
BUILDING DEMOLITION means the pulling down, tearing down or razing of a building;
BUILDING HEIGHT means the vertical distance from the average grade to the highest point of a
building, excluding chimneys, skylights, ventilation fans, flagpoles, antennas, or similar features which
are not structurally essential to the building;
Village of Clive Land Use Bylaw
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BUILDING PERMIT means permission or authorization in writing to commence the use, occupancy,
relocation, construction or demolition of any building;
BUILDING RELOCATION means the act of relocating a building to a new location. This may involve
removing a building from one site and placing it on another site, moving a building to a new location
on the same site or bringing a building onto a site;
BUILDING SETBACK means the distance from a property line to the point on a parcel where a
Building is located measured at a right angle from the property line to which it relates.
BUILDING SUPPLY AND LUMBER YARD means a building in which construction and home
improvement materials are offered or kept for retail sale and may include the fabrication of certain
materials related to home improvement. An outdoor storage yard may be included only where
outdoor storage yard is listed as a use the district.
BUS DEPOT means a facility providing for the departure and arrival of passengers and freight carried
by bus;
CANNABIS means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant
seeds and any other substance defined as cannabis in the Cannabis Act (Canada) and its regulations,
as amended from time to time, and includes edible products that contain cannabis; (Amended by Bylaw #523-
18)
CANNABIS ACCESSORY means a thing, including but not limited to, rolling paper or wraps, holders,
pipes, water pipes, bongs and vaporizers, or any other thing described in the Cannabis Act (Canada)
that is used in the consumption or production of cannabis; (Amended by Bylaw #523-18)
CANNABIS PRODUCTION AND DISTRIBUTION means an establishment used principally for one or
more of the following activities as it relates to Cannabis:
a) The production, cultivation, and growth of Cannabis;
b) The processing of raw materials;
c) The making, testing, manufacturing, assembling or in any way altering the chemical or
physical properties of semi-finished or finished goods and products;
d) The storage or transhipping of materials, goods and products; or
e) The distribution and sale of materials, goods and products to Cannabis Retail Sales stores or
to individual customers; (Amended by Bylaw #523-18)
CANNABIS LOUNGES means an establishment where the primary purpose of the facility is the sale of
cannabis and cannabis accessories to the public, for consumption of cannabis within the premises
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that is authorized by provincial or federal legislation. This use does not include Cannabis Production
and Distribution; (Amended by Bylaw #523-18)
CANNABIS RETAIL SALES means an establishment used for the retail sale of cannabis and cannabis
accessories that is authorized by provincial or federal legislation. This use does not include Cannabis
Production and Distribution; (Amended by Bylaw #523-18)
CAR WASH/AUTOMOTIVE WASH means a use intended for the washing, cleaning, or polishing of
motor vehicles.
COMMERCIAL means the primary use of land, building(s), or structure(s) for the purpose of buying
and selling commodities and supplying professional and personal services for compensation. This
does not include cannabis retail sales, medical cannabis counselling or cannabis lounge; (Amended by Bylaw
#523-18)
COMMERCIAL RECREATION AND ENTERTAINMENT FACILITY means a facility or establishment
which provides for recreation or entertainment for a gain or a profit;
COMMUNITY MARKET means the use of land, buildings or structures, or part thereof, for the
primary purpose of selling agricultural products and handmade merchandise to the general public.
This does not include cannabis retail sales; (Amended by Bylaw #523-18)
CONTRACTING SERVICES means a business that contracts work, particularly in any of the building
trades, to supply certain materials or do certain work for a stipulated sum;
COOP means a structure used for keeping of Urban Chickens as defined in the Urban Hen Bylaw
#531-19; (Amended by Bylaw #532-19)
CORNER PARCEL means a parcel at the intersection of and abutting two or more streets, the front
parcel boundary of a Corner Parcel is the shortest property line Abutting a road;
COUNCIL means the Council of the Village of Clive;
DAY CARE FACILITY means a facility that provides care and supervision for 7 or more children for
more than three (3) but less than twenty-four (24) consecutive hours in each day that the facility is
operating, and is intended to be operated for at least twelve (12) consecutive weeks per year;
DECK means an uncovered horizontal structure that may adjoin a Principal Building for the
purpose of private amenity area;
DERELICT VEHICLE means the storage, collection or accumulation of all or part of a used motor
vehicle that is not in an operating condition, or is in a dilapidated state and which is not housed in an
enclosed building or structure;
DETACHED DWELLING means a residential building containing one (1) dwelling unit, which is
physically separate from any other residential building;
DEVELOPMENT means
(a)
an excavation or stockpile and the creation of either of them, or
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(b)
a building or an addition to, or replacement or repair of a building and the
construction or placing in, on, over or under land of any of them, or
(c)
a change of use of land or a building or an act done in relation to land or a building
that results in or is likely to result in a change in the use of the land or building, or
(d)
a change in the intensity of use of land or a building or an act done in relation to
land or a building that results in or is likely to result in a change in the intensity of
use of the land or building;
DEVELOPMENT AGREEMENT means a written agreement between the municipality and a
developer which establishes particular circumstances and conditions under which a development
may be carried out;
DEVELOPMENT AUTHORITY means the person(s) appointed as a Development Officer, the
Municipal Planning Commission or Council pursuant to Village's Development Authority Bylaw No.
401-95;
DEVELOPMENT OFFICER means a person appointed as a Development Officer pursuant to this
Bylaw;
DEVELOPMENT PERMIT means a document authorizing a development issued pursuant to this
Land Use Bylaw which is separate and distinct from a building permit;
DISCRETIONARY USE means a use which may be compatible with other uses in the District, for
which a development permit may be issued upon an application having been made;
DISTRIBUTION FACILITY means a warehouse or other structure used for receipt, temporary
storage, and redistribution of goods. This does not include cannabis production and distribution;
(Amended by Bylaw #523-18)
DISTRICT means an area of land designated on the Land Use Map for which a specific set of land
uses and rules have been set forth in this Bylaw;
DRINKING ESTABLISHMENT means an establishment the primary purpose of which is the sale of
alcoholic beverages for consumption on the premises and the secondary purposes of which may
include entertainment, dancing, the preparation and sale of food for consumption on the premises,
takeout food services and the sale of alcoholic beverages for consumption away from the premises. A
drinking establishment includes any premises where a license for the sale of liquor that prohibits
minors on the premises at any time, is issued by the Alberta Gaming and Liquor Commission. This
does not include cannabis lounge; (Amended by Bylaw #523-18)
DRIVE THROUGH BUSINESS means an establishment with facilities for on-site service to customers
who remain in their motor vehicles. A drive-through business may include banking, food services, dry
cleaning but does not include a drive-in theatre. A drive-through component of a business shall be
deemed accessory to that business. This does not include cannabis retail sales or cannabis lounges;
(Amended by Bylaw #523-18)
DRIVEWAY means a vehicle access route between the street and a use on a parcel and has a surface
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of gravel, shale, concrete, pavement or a semi-permeable paver material;
DUPLEX means a Building containing two (2) separate Dwelling Units, with
one Dwelling Unit placed over the other in whole or in part where each
Dwelling Unit has its own separate entrance. This type of Development is
designed and constructed as two Dwelling Units at the time of initial
construction of the Building. This Use does not include Accessory Suites.
DWELLING UNIT means a complete building or self-contained portion of a
building for the use of one (1) or more individuals living as a single
housekeeping unit, containing sleeping, cooking and separate toilet facilities
intended as a permanent residence not separated from direct access to the
outside by another separate or -self-contained- set or suite of rooms;
EASEMENT means a right to use land, generally for access to other property, or as a right-of-way
for a Public Utility;
EAVELINE means the horizontal line that marks the intersection of the roof and the wall of a building;
EQUIPMENT RENTAL means a building or part of a building in which residential, commercial and
industrial equipment are provided for rent, lease, or hire; where outdoor storage is permitted, it shall
be listed with the use in the district;
EXISTING RESIDENCE AND OTHER RELATED IMPROVEMENTS means a detached dwelling or
manufactured home and buildings accessory to the use of the dwelling unit and the parcel upon which
it is located, serviced by utilities and access to the satisfaction of the Development Officer/Municipal
Planning Commission;
FABRIC COVERED ENGINEERED STRUCTURE means a modular style, prefabricated, framed
membrane building system with clear span structures without internal columns which are designed
for both semi-permanent and permanent building applications;
FEED MILLS AND GRAIN ELEVATORS means buildings in which animal feeds and grain are stored
during shipment to or from farms and in which animal feeds may be prepared;
FENCE means a vertical physical barrier constructed to prevent visual intrusion, sound abatement,
or unauthorized access.
FERTILIZER SALES AND STORAGE means an outlet for the supply and sale of various fertilizers in
large quantities and includes the storage thereof;
FLOOR AREA means
a) for residential buildings, the total area of all floors in a building measured from the outside of
exterior walls, but excluding floor areas of Basements, attached garages, sheds, carports, or
open porches in all residential buildings, or
b) for commercial buildings, the total floor area of all floors in a building measured from the
outside of exterior walls including Basements but excluding mall areas;
UNIT A
UNIT B
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FOUR-PLEX DWELLING means a building containing four dwelling units, each unit comprising two
floor levels and sharing a common party wall with two other units;
FRONTAGE means:
a) Where used with reference to residential Developments, the length of the Front Property
Line of the Site; and
b) Where used with reference to non-residential Developments, the length of the Property
Line of a side of a Site that Abuts a Street;
FRONT PARCEL BOUNDARY means, in the case of an interior parcel, the boundary which abuts a
street and in the case of a corner parcel, means the shorter of the two boundaries which abut a street
[see sketch in Schedule B].
FRONT YARD means that portion of a lot extending across the full width of the site from the front
property boundary to the front wall of the principal building situated on the parcel [see sketch in
section #6.8 - Projections Over Yards];
GARAGE SUITE means a dwelling unit located above a detached garage;
GARDEN SUITE means a re-locatable factory built detached dwelling and located on the same parcel
as an existing single detached dwelling and includes a Tiny Home.
GAS STATION means a development primarily used for servicing or repairing motor vehicles and
may include the sale of fuels and lubricating oils and other fluids and accessories for motor vehicles
and may include the sale of a limited range of convenience goods. A gas station may include a car
wash but does not include an auto body or painting shop or a car sales lot.
GRADE means the ground elevation established for the purpose of regulating the height of a
building. The building grade shall be the finished ground elevation adjacent the walls of the building
if the finished grade is level. If the ground is not entirely level the grade shall be determined by
averaging the finished ground elevation for each face of the building.
GREENHOUSE, COMMERCIAL means a building for the growing of flowers, plants, shrubs, trees
and similar vegetation which are sold directly from the parcel at retail or wholesale and may
include the accessory sale of related supplies. This does not include cannabis production and
distribution or medical cannabis production facility or cannabis retail sales; (Amended by Bylaw #523-18)
HARD LANDSCAPING means the use of non-vegetative material, other than monolithic concrete,
asphalt or gravel, as part of a landscaped area;
HEAVY EQUIPMENT ASSEMBLY, SALES AND SERVICE means the assembly, sales, rental and service
of any heavy vehicle or equipment used in commercial, industrial or agricultural activities;
HEAVY MANUFACTURING means the manufacture of products, the process of which generates
fumes, gases, smokes, vapours, vibrations, noise or glare, or similar nuisance factors which have a
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high probability of occurring and which may cause adverse effects to the users of Adjacent Land. This
does not include cannabis production and distribution or medical cannabis production facility; (Amended
by Bylaw #523-18)
HEIGHT - see "building height"
HIGHWAY means highway pursuant to the Public Highways Development Act;
HOME OCCUPATION means any occupation, trade, profession, or craft carried on by an occupant of
a residential Building as a use secondary to the residential use of the Building;
INDOOR MERCHANDISE SALES means the indoor sale or display of merchandise, including indoor
storage of merchandise in quantities limited to the needs of the outlet. This includes but is not limited
to the sale of such things as groceries, clothing and household goods. This does not include cannabis
retail sales or medical cannabis counselling; (Amended by Bylaw #523-18)
INTERIOR PARCEL means a parcel Abutting only one street other than a lane;
INTERMUNICIPAL DEVELOPMENT PLAN means a plan adopted by the Council of the Village of Clive
and the Council of Lacombe County as an Intermunicipal Development Plan pursuant to the Municipal
Government Act;
LANDSCAPED AREA means an area of land made attractive and desirable by the use of any or all of
the following: grass, trees, shrubs, ornamental planting, fences, walls and associated earthworks;
however, it shall not include areas occupied by garbage containers, storage, parking lots or
driveways;
LANDSCAPING means the modification and enhancement of a Parcel or site through the use of the
following elements:
i.
natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass and
other similar ground cover, or
ii.
hard landscaping consisting of materials such as brick, stone, concrete blocks, tile, wood
or other similar materials, or
iii.
a combination of natural landscaping and hard landscaping, but does not include
walkways or sidewalks deemed integral to Building access;
LOADING SPACE means a space provided on a site to accommodate a commercial vehicle on a
temporary basis for loading or unloading of goods and materials;
LAND USE BYLAW means this Bylaw and amendments thereto;
LAND USE DISTRICT means an area as described in Part #5 and shown in Schedule "A" of this Land
Use Bylaw;
LAND USE POLICIES means the policies established by the Lieutenant Governor in Council
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pursuant to the Municipal Government Act.
LANE means a public thoroughfare which provides a secondary means of access to a parcel(s), and
which is registered in a land titles office;
LIGHT MANUFACTURING means the manufacture of products, the process of which does not create
and emit funds, gases, smokes, vapours, vibrations, noise or glare or other factors which are regarded
as nuisances which would cause adverse effects to the users of Adjacent Land. This does not include
cannabis production and distribution or medical cannabis production facility; (Amended by Bylaw #523-18)
M means metres ("m2 "means square metres);
MAIN BUILDING means a building in which is conducted the principal use of the parcel on which it is
erected;
MAIN USE means the principal purpose for which a building or parcel is used
MANUFACTURED HOME means a detached dwelling unit built in an
enclosed off site factory environment in one (1) or more sections and
intended to be occupied in a place other than where it was
manufactured. Manufactured homes include homes that are
completely self-contained single section dwelling units or are
incomplete multi-section modules that are placed together and
completed on site. A manufactured home has a steel frame and is
transported to the building site on dollies (wheels) or a flatbed truck
and after placement, the dollies are removed from the site.
Manufactured homes must meet Alberta Building Code requirements.
MECHANIZED EXCAVATION, STRIPPING AND GRADING means the use of motorized equipment
to remove, relocate or stockpile soil or vegetation in excess of normal landscape maintenance
requirements;
MEDICAL CANNABIS means a substance used for medical purpose authorized by a license issued
under the federal government's Access to Cannabis for Medical Purposes Regulations, or any
subsequent legislation which may be enacted in substitution; (Amended by Bylaw #523-18)
MEDICAL CANNABIS COUNSELLING means a use where counselling on medical cannabis is
provided by persons who are not medical professionals, and that may include the ancillary retail
sale or rental of cannabis accessories; (Amended by Bylaw #523-18)
MEDICAL CANNABIS PRODUCTION FACILITY means any building in which an activity authorized
by the Access to Cannabis for Medical Purposes Regulations, or any successor or replacement
legislation or regulation, is or may be conducted including such activities as growing, processing,
labeling and packaging, storing and transporting of cannabis; (Amended by Bylaw #523-18)
MEDICAL AND HEALTH SERVICES means a building where a professional health practitioner(s),
including but not limited to doctors, dentists, optometrists, acupuncturists, naturopaths,
chiropractors, physiotherapists and counselors, excluding veterinarians, provide diagnosis and
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treatment to the general public without overnight accommodations. Medical and health offices
include such uses as x-ray and other diagnostic services as well as minor operating rooms and uses
accessory to the provision of medical and health services.
MIXED USE means a mix of land uses that facilitate the mixing rather than the separation of land
uses in one distinctive environment, either vertically in the same building or horizontally adjacent
and is intended to be compatible with adjacent uses;
MOBILE COMMERCIAL SALES means the sale of items from a motorized vehicle or a temporary
structure designed to be removed at the end of each business day and while in operation does not
encroach upon any required setbacks or parking spaces for the principal use of the site e.g. fish
trucks, fruit trucks) and the location is to the satisfaction of the Development Officer. This does not
include cannabis retail sales or medical cannabis counselling; (Amended by Bylaw #523-18)
MODULAR UNIT OR HOME means a prefabricated factory-built frame
or shell which comprises the wall or siding of a proposed building. A
modular unit represents only a section of the dwelling, and such a unit
has neither chassis, running gear nor its own wheels, but units may be
placed side by side or stacked vertically, and completed to form one or
more complete dwelling units for year-round occupancy. A modular
unit has a wooden frame. Modular homes are constructed to Alberta
Building Code standards. Modular homes are considered to be the
same as conventional, on site, framed single family homes;
MUNICIPALITY means the Village of Clive;
MUNICIPAL DEVELOPMENT PLAN means a plan adopted by Council as a municipal development
plan pursuant to the Municipal Government Act;
MUNICIPAL GOVERNMENT ACT means that Municipal Government Act, S.A. 2000, Chapter M-26, as
amended;
MUNICIPAL PLANNING COMMISSION means a Municipal Planning Commission established by
Bylaw 402-95 and pursuant to the Municipal Government Act;
NON-CONFORMING BUILDING means a building
(a)
that is lawfully constructed or lawfully under construction at the date a land use
Bylaw affecting the building or land on which the building is situated becomes
effective, and
(b)
that on the date the land use Bylaw becomes effective does not, or when constructed
will not, comply with the Land Use Bylaw;
NON-CONFORMING USE means a lawful specific use
(a)
being made of land or a building or intended to be made of a building lawfully under
construction, at the date a land use Bylaw affecting the land or building becomes
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effective, and
(b)
that on the date the land use Bylaw becomes effective does not, or in the case of a
building under construction will not, comply with the Land Use Bylaw;
NON-RENEWABLE RESOURCE EXTRACTION means the mining or removal from the ground of
deposits of coal, sand gravel, clay and other minerals;
OFFICE means a facility providing for the administration of business, government, or the provision of
professional services. This does not include medical cannabis counselling; (Amended by Bylaw #523-18)
OFF-SITE LEVY means a levy imposed pursuant to the Municipal Government Act;
OPEN STORAGE YARD means land that is used for the storage of products, goods or equipment;
OPERATING CONDITION in relation to a vehicle, means that it is capable of being driven on a
highway in compliance with the Traffic Safety Act;
OUTDOOR DISPLAY means the use of land for the purpose of showing merchandise for sale;
OWNER means the person who is registered under the Land Titles Act as the owner of the fee
simple in the land, or in respect of any property other than land, the person in lawful possession of
it;
PARCEL means the aggregate of the one (1) or more areas of land described in a Certificate of Title or
described in a Certificate of Title by reference to a plan or registered in the land titles office;
PARCEL COVERAGE means the area covered by buildings, parking facilities, driveways, storage areas
and display areas;
PARCEL OF LAND means
(a)
where there has been a subdivision, any lot or block shown on a plan of subdivision
that has been registered in a land titles office;
(b)
where a building affixed to the land that would without special mention be
transferred by a transfer of land has been erected on 2 or more lots or blocks shown
on a plan of subdivision that has been registered in a land titles office, all those lots
or blocks;
(c)
a quarter section of land according to the system of surveys under the Surveys Act or
any other area of land described on a Certificate of Title.
PARKING FACILITY means a structure or an area providing for the parking of motor vehicles;
PARKS AND PLAYGROUNDS means areas of public land known for their natural scenery and/or
preservation for public recreation either active or passive;
PERMANENT FOUNDATION means:
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(a)
a foundation meeting CSA Z240.10.1 standard, the Alberta Building Code or
(b)
an engineered approved wood foundation, or
(c)
a poured reinforced concrete Basement, or
(d)
a concrete block Basement, or
(e)
at the discretion of the Development Authority, screw piles
PERMITTED USE means a use which is compatible with other uses in the District and for which a
development permit shall be issued provided it otherwise conforms to this Bylaw;
PERSONAL SERVICE means the provision of a service to individuals on a commercial basis, and
includes such services as photographers, travel agencies, beauty salons, and dry cleaners. This does
not include medical cannabis counselling; (Amended by Bylaw #523-18)
PLACE OF WORSHIP means any public or private building used for the collection or assembly of
persons for worship, and related accessory and subordinate uses that may include religious study,
community outreach, support groups, social programs and non-profit uses. This does not include day
care facilities, educational facilities or most commercial ventures, but may include minor personal
service businesses that are offered for a profit, e.g. music lessons, singing lessons, drama club, etc.
PRINCIPAL BUILDING means a building which accommodates a principal or main use;
PRINCIPAL USE means the primary or main purpose for which a parcel, building, site or dwelling
unit is used or intended to be used.
PROJECTION means a portion or part of a building that extends horizontally above and beyond the
foundation of the building including, but not limited to, decks, landings, verandas, unenclosed steps,
cantilevered windows, cantilevered living space, fireplace chaises, or eaves;
PUBLIC AND QUASI-PUBLIC USE means a use of land or a building for purposes of public
administration and service and shall also include a building for the purpose of assembly, instruction,
culture, recreation or other community activity;
PUBLIC UTILITY means a public utility as defined in Part 17 of the Municipal Government Act;
PUBLIC UTILITY BUILDING means a building in which the proprietor of a public utility maintains
an office, or maintains or houses equipment used in connection with the public utility;
PUBLIC WORKS BUILDINGS AND STRUCTURES means the facility used by a municipality for the
storage of materials used in fulfilling its various functions and the housing and repair of its
equipment;
RAILWAY USES means a use of land or a building directly related to the building or operation of a
railroad system.
REAR PARCEL BOUNDARY means the registered boundary or boundaries of a parcel which is or are
opposite the Front Parcel Boundary;
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REAR YARD means that portion of the site extending across the full width of the site from the rear
property boundary to the rear wall of the principal building situated on the parcel [see sketch in
section #6.8 - Projections Over Yards];
RECREATION FACILITIES means a public building and grounds for community entertainment,
relaxation, social activity and other leisure needs;
RECREATION VEHICLE means a motor home, camper, watercraft on a trailer, trailer, tent trailer, or
any form of vehicle used or intended to be used for recreational or holiday accommodation;
REPAIR SERVICES (with or without outdoor storage) means a development where broken, damaged,
or failed devices, equipment, parts, or goods are restored to an acceptable operating or usable
condition or state. This does not include a Gas Station. Where Outdoor storage is allowed, the use shall
be listed as such within the District;
RESIDENTIAL means the use of land, buildings or structures primarily for human habitation;
RESTAURANT means a building or part of a building the primary purpose of which is the
preparation and sale of food for consumption on the premises and the secondary purpose of which
may include the sale of alcoholic or non-alcoholic beverages incidental to the meal, take-out food
services and catering. A restaurant does not include a drinking establishment but may include
premises in respect of which a "Class A" Liquor License has been issued and where minors are not
prohibited by the terms of the license. This does not include cannabis lounges; (Amended by Bylaw #523-18)
ROAD means land:
(a)
shown as a road on a plan of survey that has been filed or registered in a Land Titles
Office, or
(b)
used as a public road
and includes a bridge forming part of a public road and any structure incidental to a public road,
but does not include a highway;
SALES AND SERVICE OUTLET FOR AUTOMOBILES, TRUCKS, RECREATION VEHICLES OR
MANUFACTURED HOMES; means a facility providing for the sale, rental, service and repair of
automobiles, trucks, recreation vehicles or manufactured homes;
SALES AND SERVICE OUTLET FOR FARM EQUIPMENT means a facility providing for the sale,
rental, service or repair of farm equipment;
SCREEN means a fence, berm, hedge, wall or building used to separate areas or functions which
detract from the appearance of the street scene and the view from the surrounding areas;
SECONDARY SUITE means a separate, subordinate and self-contained dwelling unit with a cooking
facility, located within a principal dwelling. A suite must contain a separate entrance from the
principal dwelling;
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SEED CLEANING PLANT means a building for the storage and preparation of seed used in
agriculture;
SELF-SERVICE STORAGE means one or more buildings, storage rooms, or lockers provided on site
for the purpose of renting space for the indoor storage of goods;
SEMI-DETACHED DWELLING means a dwelling unit joined
side-by-side to another dwelling unit sharing one common
fire-rated wall, with each dwelling unit having at least one
separate entrance.
SET BACK means a distance additional to minimum yard
requirements which may be required on parcels adjacent to
the public roadways;
SHIPPING CONTAINER (RAIL OR SEA CAN) means a steel storage container designed to be used for
sea, rail or intermodal shipping and which is used strictly for the storage of materials associated with
the principal use of the parcel. Shipping containers do not fall into the definitions of temporary
building. Shipping containers shall not be used for the storage of dangerous goods. A shipping
container is not a rail box car.
SIDE PARCEL BOUNDARY means the registered boundary or boundaries of a parcel which is or are
not considered a Front Parcel Boundary or a Rear Parcel Boundary;
SIDE YARD means a yard extending from the front yard to the rear yard between the side boundary
of the parcel and the wall of principal building therein [see sketch in section #6.8 - Projections Over
Yards];
SIGHT TRIANGLE means an area at the intersection of roadways or roadways and railways in which
all buildings, fences, vegetation and finished ground elevations shall be less than 1 m (3 ft) in height
about the average elevation of the carriageways/rails, in order that vehicle operators may see
approaching vehicles in time to avoid collision;
SIGN means any word, letter, model, placard, board, notice, device or representation, whether
illuminated or not, in the nature of and employed wholly or in part for the purposes of
advertisement, announcement or direction and its supporting structure;
SIGN, AWNING means a sign inscribed on or affixed flat upon the covering material of an awning;
SIGN, BILLBOARD means a sign to which advertising copy is affixed to permit its periodic
replacement any may display third party advertising;
SIGN, FASCIA means a sign attached to, marked or inscribed on and parallel to the face of a building
wall but does not include a billboard;
SIGN, FREESTANDING means a sign that is exclusively supported by post(s) that extend below the
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frost line;
SIGN, PORTABLE means a sign that is not in a permanently installed or affixed position;
SIGN, PROJECTING means a sign that projects from a structure or a building face;
SINGLE FAMILY DETACHED DWELLING means a residential building
containing one dwelling unit, which is physically separate from any other
residential building, and does not include a manufactured home;
SITE means a Parcel, or group of Parcels used for or proposed to be used
for the undertaking of a single development which may include one or
more structures;
SOFT LANDSCAPING means the use of vegetative materials as part of a landscaped area
SOFT SIDED BUILDING means any building that is faced or finished, on any portion of the building
exterior, with flexible sheeting capable of being rolled or folded;
SOLAR ENERGY INFRASTRUCTURE means infrastructure designed to convert solar radiation into
electrical or thermal energy. Where structures are required to support the infrastructure, the
structures may require a permit;
STATUTORY PLAN means an existing municipal development plan, intermunicipal development
plan, area structure plan and Area Redevelopment Plan adopted by a Bylaw of the municipality, or
any one or more of them;
STORAGE AREA OR OUTDOOR STORAGE means an area of land provided for the purpose of
storing vehicles, equipment, seasonal recreational equipment and/or other items which are
associated with the principal use of the parcel;
STREET means any category of road except a lane;
STRUCTURE means anything constructed or erected, the use of which requires location on the
ground or attachment to something located on the ground, but does not include pavements, curbs,
walks or open-air surfaced areas;
STRUCTURAL ALTERATIONS means altering the principal building components which support a
building.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD means the board established by Bylaw
No.403-95 and pursuant to the Municipal Government Act;
MATTERS RELATED TO SUBDIVISION AND DEVELOPMENT REGULATION means the Matters
Related to Subdivision and Development Regulation (AR 84/2022), as amended;
SUBDIVISION AUTHORITY means the person, persons or organization appointed pursuant to the
Subdivision Authority Bylaw; (Amended by Bylaw #522-18)
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SUPPORTIVE CARE RESIDENCE means a building with two or more Accommodation Units designed
to provide long term housing wherein the adult residents, who because of their circumstances cannot
or do not wish to maintain their own households, are provided with meal services and may receive
such services as housekeeping and personal care assistance;
TEMPORARY BUILDING means a building or structure without a foundation or footing, and which
is removed when the development permit for such a building has expired. Temporary building may
include soft-sided, or fabric covered structures;
TOWN HOUSE DWELLING means a dwelling, designed as one
cohesive building in terms of architectural design, which
contains three (3) or more similar attached dwelling units each
of which fronts on a street, has a separate front and rear direct
access to the outside at grade and is not wholly or partly above another dwelling;
TRUCKING ESTABLISHMENT means the use of land, buildings or structures for the purpose of
storing, servicing, repairing or loading trucks, transport trailers and/or buses;
UNREGISTERED VEHICLE means a motor vehicle which is not validly registered in accordance with
the Motor Vehicle Act;
USE means a building or an area of land and the function and activities therein or thereon;
WAREHOUSING means a facility for the indoor storage of goods and merchandise, excluding
dangerous or hazardous materials, Derelict Vehicles thereof, or any waste material, and may include
offices related to the administration of the warehouse facility, a showroom and/or the retail sale of
goods stored in the warehouse as Accessory Uses. This does not include self-service storage;
YARD means an open space on the same site as a building and which in unoccupied and unobstructed
from the ground upward except as otherwise provided herein.
ZONING means land use zoning, or district, established under this Bylaw;
All other words and expressions have the meaning respectively assigned to them in Part 17 of the
Municipal Government Act and the Matters Related to Subdivision and Development Regulation.