Town of Coalhurst Land Use Bylaw No. 462-25
Coalhurst, Alberta
· No. 462-25
· adopted 2025-07-08
· summary & facts
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COALHURST
JULY 2025
TOWN OF
LAND USE BYLAW 462-25
Prepared by
© 2025 Oldman River Regional Services Commission
Prepared for the Town of Coalhurst
This document is protected by Copyright and Trademark and may not be reproduced or modified in any manner, or for any
purpose, except by written permission of the Oldman River Regional Services Commission. This document has been prepared for
the sole use of the Municipality addressed and the Oldman River Regional Services Commission. This disclaimer is attached to
and forms part of the document.
BYLAW NO. 462-25
TOWN OF COALHURST IN THE PROVINCE OF ALBERTA
"LAND USE BYLAW"
BEING a bylaw of the Town of Coalhurst in the Province of Alberta, to adopt a Land Use Bylaw pursuant to section 639 of the
Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended and provide for its consideration at a
public hearing;
AND WHEREAS the Council of the Town of Coalhurst has determined the existing Land Use Bylaw is dated and wishes to adopt a
new Land Use Bylaw for the purposes of:
-
updating and establishing standards and procedures regarding the use and development of land within the municipality;
-
further clarification of development standards for uses within the Town;
-
establishing new Land Use Districts with respective uses for designation of lands within the town;
-
amending the existing Land Use District Map to reflect land use redesignations and new districts; and
-
complying with the provisions of the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as
amended.
AND WHEREAS the purpose of proposed Bylaw No. 462-25 is to foster orderly growth and development within the Town;
AND WHEREAS a public hearing was conducted in accordance with Section 692 of the Act;
NOW THEREFORE, under the authority and subject to the provisions of the Municipal Government Act, Revised Statutes of Alberta
2000, Chapter M-26, as amended, the Council duly assembled does hereby enact the following:
1.
This Bylaw may be cited as the Land Use Bylaw.
2.
Bylaw No. 354-12, being the former Land Use Bylaw, and any amendments thereto, is hereby rescinded.
3.
Bylaw No. 462-25 shall come into force when it receives the THIRD and FINAL reading and is duly signed.
READ a FIRST time this 6th day of May, 2025.
PUBLIC HEARING held this 17th day of June, 2025.
MOVED by Councillor Caldwell that Land Use Bylaw No. 462-25 be amended by removing "Manufacturing and Fabrication"
from the permitted uses in the Business Industrial District.
Motion Carried
MOVED by Councillor Potrie that Land Use Bylaw No. 462-25 be amended by removing "Light Fabrication Shop" from the
permitted uses in the Business Industrial District.
Motion Carried
READ a SECOND time this 8th day of July, 2025.
READ a THIRD and final time this 8th day of July, 2025.
________________________
________________________
Lyndsay Montina
Karlene Betteridge
Mayor
Chief Administrative Officer
Town of Coalhurst Land Use Bylaw No. 462-25
TABLE OF CONTENTS | i
TABLE OF CONTENTS
ADMINISTRATION
GENERAL
Section 1
Title ...................................................................................................... ADMINISTRATION | 1
Section 2
Purpose .............................................................................................................................. | 1
Section 3
Effective Date .................................................................................................................... | 1
Section 4
Repeal of Former Bylaw .................................................................................................... | 1
Section 5
Severability ........................................................................................................................ | 1
Section 6
Compliance with the Land Use Bylaw ............................................................................... | 1
Section 7
Compliance with Other Legislation ................................................................................... | 2
Section 8
Rules of Interpretation ...................................................................................................... | 2
Section 9
Measurements and Standards .......................................................................................... | 2
Section 10
Definitions ......................................................................................................................... | 2
Section 11
Forms and Fees .................................................................................................................. | 2
Section 12
Appendices ........................................................................................................................ | 3
APPROVING AUTHORITIES
Section 13
Development Authority ....................................................................... ADMINISTRATION | 3
Section 14
Development Officer - Powers and Duties ....................................................................... | 3
Section 15
Subdivision Authority ........................................................................................................ | 4
Section 16
Municipal Subdivision and Development Authority .......................................................... | 5
Section 17
Council ............................................................................................................................... | 5
Section 18
Subdivision and Development Appeal Board (SDAB) ........................................................ | 5
DEVELOPMENT AND SUBDIVISION IN GENERAL
Section 19
Land Use Districts ................................................................................ ADMINISTRATION | 6
Section 20
Development in Municipality Generally ............................................................................ | 6
Section 21
General Subdivision Provisions .......................................................................................... | 6
Section 22
Subdivision Lot Design ........................................................................................................ | 7
Section 23
Suitability of Sites .............................................................................................................. | 8
Section 24
Number of Dwelling Units on a Parcel ............................................................................... | 8
Section 25
Non-Conforming Buildings and Uses ................................................................................. | 9
Section 26
Non-Conforming Variances ............................................................................................... | 9
Section 27
Development Agreements .............................................................................................. | 10
TABLE OF CONTENTS | ii
Town of Coalhurst Land Use Bylaw No. 462-25
DEVELOPMENT PERMIT RULES AND PROCEDURES
Section 28
Development Permit - When Required ............................................ ADMINISTRATION | 10
Section 29
Development Not Requiring a Development Permit ...................................................... | 11
Section 30
Development Permit Applications .................................................................................. | 11
Section 31
Determination of Complete Development Permit Application ....................................... | 12
Section 32
Permitted Use Applications ............................................................................................. | 13
Section 33
Discretionary Use Applications ........................................................................................ | 14
Section 34
Direct Control Districts .................................................................................................... | 14
Section 35
Similar and Prohibited Uses ............................................................................................ | 15
Section 36
Temporary Use ................................................................................................................ | 15
Section 37
Processing Applications Requesting Variance of Bylaw Provisions .................................. |16
Section 38
Limitations on Variance Provisions .................................................................................... |16
Section 39
Notification of Adjacent Landowners and Persons Likely Affected ................................. | 16
Section 40
Notice of Decision ........................................................................................................... | 17
Section 41
Commencement of Development ................................................................................... | 18
Section 42
Development Permit Validity .......................................................................................... | 18
Section 43
Transferability of Development Permit ........................................................................... | 18
Section 44
Occupancy Permits .......................................................................................................... | 19
Section 45
Failure to Make a Decision - Deemed Refusal ................................................................ | 19
Section 46
Reapplication for a Development Permit ........................................................................ | 19
Section 47
Suspension or Cancellation of a Permit ........................................................................... | 19
SUBDIVISION RULES AND PROCEDURES
Section 48
Subdivision Applications .................................................................... ADMINISTRATION | 20
Section 49
Incomplete Subdivision Applications ............................................................................... | 21
ENFORCEMENT AND APPEALS
Section 50
Subdivision and Development Appeals ............................................. ADMINISTRATION | 22
Section 51
General Provisions ........................................................................................................... | 22
Section 52
Notice of Violation ........................................................................................................... | 23
Section 53
Stop Orders ...................................................................................................................... | 23
Section 54
Penalties and Right of Entry ............................................................................................ | 24
AMENDMENTS
Section 55
Section Amendments to the Land Use Bylaw .................................... ADMINISTRATION | 24
Section 56
Land Use Redesignation Application Requirements ....................................................... | 25
Section 57
Redesignation Criteria ..................................................................................................... | 26
Town of Coalhurst Land Use Bylaw No. 462-25
TABLE OF CONTENTS | iii
ADMINISTRATION DEFINITIONS
Section 58
Administration Definitions ................................................................ ADMINISTRATION | 26
Schedule 1
LAND USE DISTRICTS
Section 1
Land Use Districts ......................................................................................... SCHEDULE 1 | 1
Section 2
Land Use Districts Map ...................................................................................................... | 1
Schedule 2
LAND USE DISTRICT REGULATIONS
RESIDENTIAL - R ...................................................................................... SCHEDULE 2 - R | 1
SMALL LOT RESIDENTIAL - SLR ............................................................ SCHEDULE 2 - SLR | 1
LARGE LOT RESIDENTIAL - LLR ............................................................ SCHEDULE 2 - LLR | 1
TWO-UNIT RESIDENTIAL - TUR ............................................................ SCHEDULE 2 - TUR | 1
MULTI-UNIT RESIDENTIAL - MUR ..................................................... SCHEDULE 2 - MUR | 1
MANUFACTURED HOME PARK - MHP .............................................. SCHEDULE 2 - MHP | 1
TOWN CENTRE COMMERCIAL - TCC ....................................................... SCHEDULE 2 - C | 1
BUSINESS PARK - BP ............................................................................. SCHEDULE 2 - BP | 1
BUSINESS INDUSTRIAL - Bi ..................................................................... SCHEDULE 2 - IB | 1
PARKS AND RECREATION - PR ............................................................. SCHEDULE 2 - PR | 1
PUBLC INSTITUTIONAL - PI .................................................................... SCHEDULE 2 - PI | 1
TRANSITIONAL - TR ............................................................................... SCHEDULE 2 - TR | 1
DIRECT CONTROL - DC ......................................................................... SCHEDULE 2 - DC | 1
FUSION - FUS ..................................................................................... SCHEDULE 2 - FUS | 1
Schedule 3
DEVELOPMENT NOT REQUIRING A PERMIT
Section 1
General Standards ........................................................................................ SCHEDULE 3 | 1
Section 2
Residential Development Not Requiring a Development Permit ...................................... | 1
Section 3
Non-Residential Development Not Requiring a Development Permit .............................. | 2
Section 4
Municipal, Provincial and Federal Development Not Requiring a
Development Permit ......................................................................................................... | 3
Schedule 4
RESIDENTIAL STANDARDS OF DEVELOPMENT
PART 1: GENERAL RESIDENTIAL STANDARDS
Section 1
Statutory Plans ............................................................................................. SCHEDULE 4 | 1
Section 2
Quality of Development .................................................................................................... | 1
Section 3
Design and Orientation of Buildings, Structures and Signs ............................................... | 1
Section 4
Easements ......................................................................................................................... | 1
Section 5
Corner Lot Sight Triangle ..................................................................................................... | 2
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Town of Coalhurst Land Use Bylaw No. 462-25
Section 6
Reduced Lot Area and Dimensions .................................................................................... | 2
Section 7
Multiple Front Yard Provision (Corner Lots) ...................................................................... | 2
Section 8
Projections over Public Land ............................................................................................... | 2
Section 9
Demolition or Removal of Buildings or Structures ............................................................ | 2
Section 10
Development of Lands Subject to Subsidence, Undermining or Flooding ........................ | 3
PART 2: LOT IMPROVEMENTS
Section 1
Permitted Projections into Setback ............................................................... SCHEDULE 4 | 3
Section 2
Decks ................................................................................................................................... | 4
Section 3
Privacy Walls and/or Privacy Screens .................................................................................. | 4
Section 4
Fences .................................................................................................................................. | 5
Section 5
Refuse Collection and Storage ........................................................................................... | 6
Section 6
Lighting ................................................................................................................................ | 6
Section 7
Hardsurfacing and Landscaping Standards ......................................................................... |6
PART 3: ACCESS / DRIVEWAYS / PARKING
Section 1
Road Frontage and Approval of Access ........................................................ SCHEDULE 4 | 7
Section 2
Off-Street Parking Requirements ...................................................................................... | 8
Section 3
Driveway Standards ........................................................................................................... | 9
PART 4: INFRASTRUCTURE
Section 1
Utilities and Servicing ................................................................................... SCHEDULE 4| 10
Section 2
Grading and Stormwater Management .......................................................................... | 10
Section 3
Lighting ............................................................................................................................. | 11
Section 4
Landscaping Standards and Screening ............................................................................ | 11
Schedule 5
COMMERICAL / INDUSTRIAL / INSTITUTIONAL STANDARDS OF DEVELOPMENT
PART 1: GENERAL STANDARDS
Section 1
Statutory Plans ............................................................................................. SCHEDULE 5 | 1
Section 2
Quality of Development .................................................................................................... | 1
Section 3
Design and Orientation of Buildings, Structures and Signs ............................................... | 1
Section 4
Corner Lot Sight Triangle ..................................................................................................... | 2
Section 5
Reduced Lot Area and Dimensions .................................................................................... | 2
Section 6
Multiple Front Yard Provision (Corner Lots) ...................................................................... | 2
Section 7
Projections over Public Land ............................................................................................... | 2
Section 8
Demolition or Removal of Buildings or Structures ............................................................ | 2
Section 9
Development of Lands Subject to Subsidence, Undermining or Flooding ........................ | 3
Town of Coalhurst Land Use Bylaw No. 462-25
TABLE OF CONTENTS | v
PART 2: LOT IMPROVEMENTS
Section 1
Fences ............................................................................................................ SCHEDULE 5 | 3
Section 2
Landscaping Standards and Screening ............................................................................... | 4
Section 3
Lighting ................................................................................................................................ | 4
Section 4
Refuse Collection and Storage ........................................................................................... | 5
PART 3: ACCESS / DRIVEWAYS / PARKING
Section 1
Road Frontage and Access ............................................................................ SCHEDULE 5 | 5
Section 2
Off-Street Parking Requirements ...................................................................................... | 6
Section 3
Barrier-free Off-street Parking Requirements ..................................................................... | 7
Section 4
Loading Space Requirements .............................................................................................. | 8
Section 5
Queuing Requirements for Drive-Through uses ................................................................ | 9
Section 6
Off-Street Parking Design Standards ................................................................................. | 9
Section 7
Design Standards for Multi-stall Parking Areas (Parking Lots) ........................................ | 10
PART 4: INFRASTRUCTURE
Section 1
Easements ................................................................................................... SCHEDULE 5 | 11
Section 2
Utilities and Servicing ........................................................................................................ | 11
Section 3
Grading and Stormwater Management .......................................................................... | 11
Schedule 6
USE SPECIFIC STANDARDS OF DEVELOPMENT
Section 1
Alternative Energy Sources: Solar and Wind ................................................ SCHEDULE 6 | 1
Section 2
Bed and Breakfast Accommodations .................................................................................. | 3
Section 3
Cannabis Retail Store .......................................................................................................... | 3
Section 4
Child Care Facility / Day Home .......................................................................................... | 4
Section 5
Dwelling Group .................................................................................................................. | 5
Section 6
Group Care Facilities .......................................................................................................... | 5
Section 7
Home Occupations ............................................................................................................ | 6
Section 8
Modular and Ready-to-Move (RTM) Homes ..................................................................... | 7
Section 9
Moved-in Buildings and Moved-in Dwellings .................................................................... | 8
Section 10
Pawnshops and Payday Loan Businesses .......................................................................... | 9
Section 11
Private Swimming Pools .................................................................................................. | 10
Section 12
Satellite Dishes and Radio or Television Antenna ............................................................ | 10
Section 13
Signs .................................................................................................................................. | 10
Section 14
Shipping Containers ......................................................................................................... | 16
Section 15
Show Homes ..................................................................................................................... | 17
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Town of Coalhurst Land Use Bylaw No. 462-25
Schedule 7
DEFINITIONS ........................................................................................................ SCHEDULE 7 | 1
Schedule 8
CONDOMINIUM CONVERSION APPLICATION
Section 1
Condominium Conversion Process ............................................................... SCHEDULE 8 | 1
Section 2
Prohibited Applications ..................................................................................................... | 1
Schedule 9
TELECOMMUNICATION ANTENNA SITING PROTOCOL
Section 1
Municipal Approval ...................................................................................... SCHEDULE 9 | 1
Section 2
Information Requirements ................................................................................................ | 1
Section 3
Notification and Public Consultation Process .................................................................... | 2
APPENDIX A FORMS
Residential Dwelling Development Permit Application
Non-Residential Development Permit Application
Accessory Building Development Permit Application
Home Occupation Development Permit Application
Sign Permit Application
Building Removal Form
Telecommunication Siting Protocol Application & Checklist
Application for a Land Use Bylaw or Statutory Plan Amendment
Notice of Appeal
Town of Coalhurst Land Use Bylaw No. 462-25
ADMINISTRATION | 1
TOWN OF COALHURST
LAND USE BYLAW NO. 462-25
ADMINISTRATION
GENERAL
SECTION 1
TITLE
1.1
This bylaw may be cited as the "Town of Coalhurst Land Use Bylaw."
SECTION 2
PURPOSE
2.1
The purpose of this bylaw is to, amongst other things:
(a)
divide the municipality into districts;
(b)
prescribe and regulate the use(s) for each district;
(c)
establish a method for making decisions on applications for development permits and issuing
development permits for a development;
(d)
provide the manner in which notice of the issuance of a development permit is to be given;
and
(e)
implement the Town of Coalhurst Municipal Development Plan and other statutory plans of
the municipality, as may be developed.
SECTION 3
EFFECTIVE DATE
3.1
This bylaw shall come into effect upon third and final reading thereof.
SECTION 4
REPEAL OF FORMER BYLAW
4.1
Town of Coalhurst Land Use Bylaw No. 354-12 and amendments thereto are hereby repealed.
SECTION 5
SEVERABILITY
5.1
If any provision of this bylaw is held to be invalid by a decision of a court of competent jurisdiction,
that decision will not affect the validity of the remaining portions.
SECTION 6
COMPLIANCE WITH THE LAND USE BYLAW
6.1
No development, other than those designated in Schedule 3 of this bylaw (Development Not
Requiring a Development Permit), shall be undertaken within the Town unless a development
application has been approved and a development permit has been issued.
6.2
Notwithstanding Section 6.1, while a development permit may not be required pursuant to
Schedule 3, development shall comply with all regulations of this bylaw.
ADMINISTRATION | 2
Town of Coalhurst Land Use Bylaw No. 462-25
SECTION 7
COMPLIANCE WITH OTHER LEGISLATION
7.1
Compliance with the requirements of this bylaw does not exempt any person undertaking a
development from complying with all applicable municipal, provincial or federal legislation, and
respecting any easements, covenants, agreements or other contracts affecting the land or the
development.
SECTION 8
RULES OF INTERPRETATION
8.1
Unless otherwise required by the context, words used in the present tense include the future
tense; words used in the singular include the plural; and the word person includes a corporation
as well as an individual. The Interpretation Act, Chapter I-8, RSA 2000 as amended, shall be used
in the interpretation of this bylaw. Words have the same meaning whether they are capitalized or
not.
8.2
The written regulations of this bylaw take precedence over any graphic or diagram if there is a
perceived conflict.
8.3
The Land Use Districts Map takes precedence over any graphic or diagram in the district regulations
if there is a perceived conflict.
SECTION 9
MEASURMENTS AND STANDARDS
9.1
All units of measure contained within this bylaw are metric (SI) standards. Imperial measurements
and conversions are provided for information only.
SECTION 10
DEFINITIONS
10.1
Refer to Schedule 10, Definitions.
SECTION 11
FORMS AND FEES
11.1
For the purposes of administering the provisions of this bylaw, Council may authorize by separate
resolution or bylaw as may be applicable, the preparation and use of such fee schedules, forms or
notices as in its discretion it may deem necessary. Any such fee schedules, forms or notices are
deemed to have the full force and effect of this bylaw in execution of the purpose for which they
are designed, authorized and issued.
11.2
Application forms and notices are included in Appendix A.
11.3
Refund of application fees requires approval of the Town Council.
11.4
In any case, where the required fee is not listed in the fee schedule, such fee shall be determined
by the Development Officer or Municipal Subdivision and Development Authority (MSDA) and shall
be consistent with those fees listed in the schedule for similar developments.
11.5
If development is commenced without a valid development permit, an additional fee in the
amount prescribed under the current fee schedule shall be payable upon application for the
development permit.
Town of Coalhurst Land Use Bylaw No. 462-25
ADMINISTRATION | 3
SECTION 12
APPENDICES
12.1
Appendix A attached hereto is for information purposes only and may be amended from time to
time as it does not form part of the Town of Coalhurst Land Use Bylaw.
APPROVING AUTHORITIES
SECTION 13
DEVELOPMENT AUTHORITY
13.1
The Development Authority is established in accordance with Bylaw No. 350-11.
13.2
Council shall make the decision on any development permit within any Direct Control district,
unless specifically delegated by bylaw to the Municipal Subdivision and Development Authority or
the Development Officer.
13.3
In the absence of the Development Officer, the following are authorized to act in the capacity of
Development Officer:
(a)
Municipal Subdivision and Development Authority,
(b)
Chief Administrative Officer, or
(c)
a designate(s) in accordance with the Municipal Government Act (MGA).
13.4
The Development Officer is an authorized person in accordance with section 624 of the MGA.
13.5
The Development Authority shall perform such powers and duties as are specified:
(a)
in the Town of Coalhurst Municipal Subdivision and Development Bylaw;
(b)
in this bylaw;
(c)
in the MGA;
(d)
where applicable, by resolution of Council.
SECTION 14
DEVELOPMENT OFFICER - POWERS AND DUTIES
14.1
The office of the Development Officer is hereby established and such office shall be filled by one
or more persons as appointed by resolution of Council.
14.2
The Development Officer:
(a)
shall receive and process all applications for a development permit and determine whether
a development application is complete in accordance with Section 31;
(b)
shall refer to the Municipal Subdivision and Development Authority all development permit
applications for which decision making authority has not been assigned to the Development
Officer;
(c)
may refer any development application to the Municipal Subdivision and Development
Authority for a decision and may refer any other planning or development matter to the
Municipal Subdivision and Development Authority for its review, comment or advice;
(d)
shall maintain for the inspection of the public during office hours, a copy of this bylaw and all
amendments thereto and ensure that copies of the same are available for public purchase;
ADMINISTRATION | 4
Town of Coalhurst Land Use Bylaw No. 462-25
(e)
shall also establish and maintain a register in which shall be recorded the application made
for a development permit and the decision made on the application, and contain any such
other information as the Municipal Subdivision and Development Authority considers
necessary;
(f)
except as provided in subsection (g), shall consider and decide on applications for a
development permit for:
(i)
permitted uses that comply with this Land Use Bylaw;
(ii)
permitted uses that request one variance of a measurable standard not to exceed 10%
excluding site coverage;
(iii)
permitted uses on existing registered lots where the Municipal Subdivision and
Development Authority granted a variance(s) to the minimum lot width, length and/or
area requirements as part of a subdivision approval;
(iv)
landscaping;
(v)
fences, walls or other types of enclosures; and
(vi)
demolition;
(g)
shall refer all development applications in a Direct Control district to Council for a decision,
unless Council has specifically delegated approval authority to the Development Officer or
the Municipal Subdivision and Development Authority;
(h)
shall notify adjacent landowners and any persons who are likely to be affected by a proposed
development in accordance with Section 39 of this bylaw;
(i)
shall receive, review, and refer any applications to amend this bylaw to Council;
(j)
shall issue the written notice of decision and/or development permit on all development
permit applications and any other notices, decisions or orders in accordance with this bylaw;
(k)
may receive and consider and decide on requests for time extensions for development
permits which the Development Officer has approved and shall refer to the Municipal
Subdivision and Development Authority those requests which the Municipal Subdivision and
Development Authority has approved;
(l)
shall provide a regular report to the Municipal Subdivision and Development Authority
summarizing the applications made for a development permit and the decision made on the
applications, and any other information as the Municipal Subdivision and Development
Authority considers necessary; and
(m) shall perform any other powers and duties as are specified in this bylaw, the Municipal
Subdivision and Development Authority Bylaw, the MGA or by resolution of Council.
SECTION 15
SUBDIVISION AUTHORITY
15.1
The Subdivision Authority is authorized to make decisions on applications for subdivisions pursuant
to the Subdivision Authority Bylaw, and may exercise only such powers and duties as are specified:
(a)
in the municipality's Subdivision Authority Bylaw,
(b)
in this bylaw,
(c)
in the MGA, or
(d)
by resolution of Council.
Town of Coalhurst Land Use Bylaw No. 462-25
ADMINISTRATION | 5
15.2
The Subdivision Authority may delegate, though any of the methods described in Section 15.1(a),
(b) or (d), to any individual, municipal staff, or a regional services commission, any of its required
functions or duties in the processing of subdivision applications. In respect of this:
(a)
the delegation of duties by the Subdivision Authority may include the authorized entity being
responsible for determining the completeness of a submitted subdivision application;
(b)
the Subdivision Authority delegate is authorized to carry out the application process with
subdivision applicants as described in the Subdivision Application Rules and Procedures
section of the bylaw, including the task of sending all required notifications to applicants as
stipulated.
SECTION 16
MUNICIPAL SUBDIVISION AND DEVELOPMENT AUTHORITY
16.1
The Municipal Subdivision and Development Authority may exercise only such powers and duties
as are specified in the MGA, the Municipal Subdivision and Development Authority Bylaw, this
bylaw, or by resolution of Council.
16.2
The Municipal Subdivision and Development Authority shall perform such powers and duties as
are specified:
(a)
in the Town of Coalhurst Municipal Subdivision and Development Authority Bylaw;
(b)
in this bylaw;
(c)
in the MGA;
(d)
where applicable, by resolution of Council.
16.3
The Municipal Subdivision and Development Authority shall be responsible for:
(a)
considering and deciding upon development permit applications referred to it by the
Development Officer;
(b)
providing recommendations on planning and development matters referred to it by the
Development Officer or Council;
(c)
considering and deciding upon requests for time extensions on development permit
applications referred to it by the Development Officer;
(d)
considering and deciding upon applications for subdivision approval;
(e)
any other powers and duties as are specified in this bylaw, the Municipal Subdivision and
Development Authority Bylaw, the MGA or by resolution of Council.
SECTION 17
COUNCIL
17.1
Council shall be responsible for considering and deciding upon development permit applications
within any Direct Control district, except where the decision making authority has been delegated
to the Municipal Subdivision and Development Authority or the Development Officer.
SECTION 18
SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB)
18.1
The Subdivision and Development Appeal Board (SDAB) is established by separate bylaw pursuant
to the MGA, and may exercise such powers and duties as are specified in this bylaw, the MGA and
the Subdivision and Development Appeal Board Bylaw.
ADMINISTRATION | 6
Town of Coalhurst Land Use Bylaw No. 462-25
DEVELOPMENT AND SUBDVISION IN GENERAL
SECTION 19
LAND USE DISTRICTS
19.1
The Town of Coalhurst is divided into those land use districts shown in Schedule 1 on the Land Use
Districts Map.
19.2
The one or more uses of land or buildings that are:
(a)
permitted uses in each district,
(b)
discretionary uses in each district,
(c)
prohibited uses in each district,
are described in Schedule 2.
19.3
A land use that is not listed as a permitted or discretionary use but which is reasonably similar in
character and purpose to a permitted or discretionary use in that district may be deemed a similar
use by the Development Authority in accordance with Section 35 (Similar and Prohibited Uses).
19.4
A land use not listed as a permitted or discretionary use or not deemed a similar use in a district is
a prohibited use and shall be refused.
SECTION 20
DEVELOPMENT IN MUNICIPALITY GENERALLY
20.1
A person who develops land or a building in the municipality shall comply with the standards of
development specified in Schedules 4 and 5 in addition to complying with the use or uses
prescribed in Schedule 2 and any conditions attached to a development permit, if one is required.
20.2
A person who develops land or a building in the municipality is also responsible for ascertaining,
obtaining, and complying with the requirements of any federal, provincial or other municipal
legislation.
SECTION 21
GENERAL SUBDIVISON PROVISIONS
21.1
All applications for subdivision approval shall be evaluated by the Town in accordance with the
following criteria:
(a)
compliance with statutory plans, bylaws, and regulations;
(b)
adequacy of road access;
(c)
provision of municipal services and utilities, including a storm water drainage plan;
(d)
compatibility with adjacent land uses;
(e)
accessibility to emergency services;
(f)
site suitability in terms of minimum dimensional standards for lots and all other criterion in
this bylaw as specified in the applicable land use district in Schedule 2;
(g)
any other matters the Town may consider necessary.
21.2
For the purpose of infill development, an application which proposes to subdivide an accessory
structure onto a separate lot may be considered by the Subdivision Authority where:
(a)
the proposed lots meet the provisions of Schedule 2;
Town of Coalhurst Land Use Bylaw No. 462-25
ADMINISTRATION | 7
(b)
the existing and proposed buildings meet the provisions of Schedule 2 based on the lot
proposed layout;
(c)
the access of each lot is provided from a public roadway, not a lane or laneway;
(d)
all lots are serviceable to the satisfaction of the municipality.
21.3
At the time of subdivision and as a condition of approval, 10% of the lands to be subdivided shall
be dedicated as municipal or school reserve in accordance with the provisions of the MGA. The
Town may take municipal or school reserve in one or a combination of the following methods:
(a)
land,
(b)
land similar in quality to the land being proposed to be subdivided,
(c)
money in lieu, or
(d)
deferral to the balance of the subject property.
21.4
In commercial or industrial areas, the Town may allocate municipal reserve for the purpose of
providing a buffer between incompatible land uses or to augment the parks and trails system.
SECTION 22
SUBDIVISION LOT DESIGN
22.1
Through lots or double frontage lots, shall be avoided
except where essential to separate residential
development from traffic arteries or to overcome
specific disadvantages of topography and orientation.
In such cases, access will be allowed only on the lower
classification street.
22.2
Flag lots are prohibited.
22.3
All rectangular lots and, so far as practical, all other lots shall have side lot lines at right angles to
straight street lines or radial side lot lines to curved street lines. Unusual or odd-shaped lots having
boundary lines that intersect at extreme angles shall be avoided.
22.4
The lot line common to the street right-of-way line shall be the front line. All lots shall face the
front line and a similar lot across the street. Wherever feasible, lots shall be arranged so that the
rear line does not abut the side line of an adjacent lot.
22.5
No lot or parcel shall be created which does not provide for a buildable area as defined by the
applicable land use district, except pursuant to an area structure plan.
22.6
When reviewing proposed lot and block arrangements, the Subdivision Authority shall consider
the following factors:
(a)
Adequate Building Sites Required: Provisions of adequate building sites suitable to the
special needs of the type of land use (residential, commercial or other) proposed for
development shall be provided, taking into consideration topographical and drainage
features.
(b)
Minimum Lot Sizes Established: Minimum land use district and lot requirements defining lot
sizes and dimensions shall be accommodated without creating unusable lot remnants.
(c)
Safe Access Required: Block layout shall enable development to meet all Town engineering
requirements for convenient access, circulation, control and safety of street traffic.
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Town of Coalhurst Land Use Bylaw No. 462-25
22.7
At the time of subdivision, all corner lots and interior laneway corner lots shall dedicate clear vision
triangles as right-of-way.
22.8
Subdivision of land within the Manufactured Home Park - MHP district shall not be permitted
except in accordance with an approved Manufactured Home Park Conceptual Design or adopted
Area Structure Plan.
SECTION 23
SUITABILITY OF SITES
23.1
Notwithstanding that a use of land may be permitted or discretionary or considered similar in
nature to a permitted or discretionary use in a land use district, the Development Authority, as
applicable, may refuse to approve a subdivision or issue a development permit if the Development
Authority is made aware of, or if in their opinion, the proposed building or use is not safe or suitable
if the site:
(a)
does not have safe legal and physical access to a maintained road in accordance with the
Land Use Bylaw, other municipal requirements, or those of Alberta Transportation if within
300 m (984 ft) of a provincial highway or 800 m (2,625 ft) from the centre point of an
intersection of a controlled highway and a public road;
(b)
has a high water table, drainage/stormwater issues or soil conditions which make the site
unsuitable for development or subdivision;
(c)
is situated on an unstable slope;
(d)
consists of unconsolidated material unsuitable for building;
(e)
does not comply with the requirements of the South Saskatchewan Regional Plan,
Subdivision and Development Regulation or any other applicable Statutory Plans;
(f)
is situated over an active or abandoned coal mine or oil or gas well or pipeline;
(g)
is unsafe due to contamination by previous land uses;
(h)
does not meet the minimum setback requirements from a sour gas well or bulk ammonia
storage facility;
(i)
does not have adequate water and sewer provisions;
(j)
does not meet the lot size and/or setback requirements or any other applicable standards or
requirements of the Town of Coalhurst Land Use Bylaw;
(k)
is subject to any easement, caveat, restrictive covenant or other registered encumbrance
which makes it impossible to build on the site.
23.2
Nothing in this section shall prevent the Development Officer or Municipal Subdivision and
Development Authority, as applicable, from issuing a development permit or approving a
subdivision if the Development Officer or Municipal Subdivision and Development Authority is
satisfied that there is no risk to persons or property or that these concerns will be met by
appropriate engineering measures or other mitigating measures and approvals from provincial
and/or federal agencies have been obtained, as applicable.
SECTION 24
NUMBER OF DWELLING UNITS ON A PARCEL
24.1
No more than one dwelling unit shall be constructed or located or caused to be constructed or
located on a parcel except as provided for in the land use district for which the application is made
(e.g. accessory dwelling, two-unit dwellings, multi-unit dwellings, manufactured home park,
secondary suite) as permitted in the applicable land use district.
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SECTION 25
NON-CONFORMING BUILDINGS AND USES
25.1
If a development permit has been issued on or before the day on which this bylaw or a land use
amendment bylaw comes into force in a municipality and the bylaw would make the development
in respect of which the permit was issued a non-conforming use or non-conforming building, the
development permit continues in effect in spite of the coming into force of the bylaw.
25.2
A non-conforming use of land or a building may be continued but if that use is discontinued for a
period of six consecutive months or more, any future use of the land or building must conform
with the Land Use Bylaw then in effect.
25.3
A non-conforming use of part of a building may be extended throughout the building but the
building, whether or not it is a non-conforming building, may not be enlarged or added to and no
structural alterations shall be made to it or in it.
25.4
A non-conforming use of part of a lot may not be extended or transferred in whole or in part to
any other part of the lot and no additional buildings may be constructed on the lot while the non-
conforming use continues.
25.5
A non-conforming building may continue to be used but the building may not be enlarged, added
to, rebuilt or structurally altered except:
(a)
to make it a conforming building; or
(b)
as the Development Officer considers necessary for the routine maintenance of the building,
in accordance with the variance powers provided for in section 643(5)(c) of the MGA. Routine
maintenance of the building may include the replacement of windows and doors, or adding
attached uncovered steps.
25.6
If a non-conforming building is damaged or destroyed by more than 75% of the value of the
building above its foundation, the building may not be repaired or rebuilt except in accordance
with this bylaw.
25.7
Questions regarding the interpretation and application of Sections 25.3 to 25.6 shall, if necessary,
be referred to the Municipal Subdivision and Development Authority for interpretation and a
decision.
25.8
The land use or the use of a building is not affected by a change of ownership or tenancy of the
land or building.
SECTION 26
NON-CONFORMING VARIANCES
26.1
Where a proposed lot contains different dimensions than those prescribed within the land use
district in effect, or will result in an existing or future building not conforming with the height or
setback requirements prescribed within the district in effect, a variance may be approved where,
in the opinion of the Development Officer or Municipal Subdivision and Development Authority,
the noncompliance with the district regulations is:
(a)
minor in nature;
(b)
consistent with the general character of the area; and
(c)
does not interfere with the use, enjoyment or value of the neighbouring properties.
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Town of Coalhurst Land Use Bylaw No. 462-25
SECTION 27
DEVELOPMENT AGREEMENTS
27.1
The Development Authority may require, with respect to a development, that as a condition of
issuing a development permit, the applicant enter into an agreement with the municipality,
pursuant to section 650(1) of the MGA, to do any or all of the following:
(a)
to construct or pay for the construction of a road required to give access to the development;
(b)
to construct or pay for the construction of a pedestrian walkway system to serve the
development and/or connect with existing or proposed pedestrian walkway systems that
serve adjacent development;
(c)
to install or pay for the installation of public utilities, other than telecommunication systems
or works, that are necessary to serve the development;
(d)
to construct or pay for the construction of off-street, or other parking facilities and/or loading
and unloading facilities;
(e)
to pay an off-site levy or redevelopment levy;
(f)
to give security to ensure that the terms of the agreement under this section are carried out.
27.2
The Subdivision Authority may require, with respect to a subdivision, that as a condition of issuing
an approval for a subdivision, the applicant enter into an agreement with the municipality,
pursuant to section 655(1)(b) of the MGA.
27.3
An agreement referred to in this section may require the applicant for a development permit or
subdivision approval to oversize improvements in accordance with section 651 of the MGA.
27.4
A municipality may register a caveat under the Land Titles Act with respect to an agreement under
this section against the Certificate of Title for the land that is the subject of the development, or
for the parcel of land that is the subject of the subdivision.
27.5
If a municipality registers a caveat under this section, the municipality must discharge the caveat
when the agreement has been complied with.
27.6
As a condition of subdivision approval, all agreements may be registered concurrently by caveat
onto individual lots created.
27.7
The Developer shall be responsible for paying all legal and engineering costs, fees, expenses and
disbursements incurred by the Town through its solicitors and engineers for all services rendered
in connection with the preparation, fulfilment, execution and enforcement of the agreement.
DEVELOPMENT PERMIT RULES AND PROCEDURES
SECTION 28
DEVELOPMENT PERMIT - WHEN REQUIRED
28.1
Except as otherwise provided for in Section 29 (Development Not Requiring a Development
Permit), no development shall be commenced unless a development permit application has been
approved, a development permit issued, and the development is in accordance with the terms and
conditions of a development permit issued pursuant to this bylaw.
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28.2
In addition to meeting the requirements of this bylaw, it is the responsibility of the applicant to
ascertain, obtain and comply with all other approvals and licenses that may be required by other
federal, provincial or municipal regulatory departments or agencies.
SECTION 29
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
29.1
This section does not negate the requirement of obtaining all required permits, as applicable,
under the Safety Codes Act and any other provincial or federal statute.
29.2
This section does not negate the requirement of obtaining a business license, where required.
29.3
Developments not requiring a development permit are listed in Schedule 3.
29.4
Signs not requiring a development permit are listed in Schedule 6.
29.5
If there is a question as to whether a development permit is required for a particular use, the
matter shall be referred to the Municipal Subdivision and Development Authority for a
determination.
SECTION 30
DEVELOPMENT PERMIT APPLICATIONS
30.1
Except as provided in Schedule 3 (Development Not Requiring a Development Permit) no person
shall commence a development unless he/she has been issued a development permit in respect
of the proposed development.
30.2
An application for a development permit must be made by the registered owner of the land on
which the development is proposed. An application may be made by a person who is not the
registered owner of the land only with written consent of the owner. The Development Officer
may request a current title documenting ownership and copies of any registered encumbrance,
lien or interest registered on title.
30.3
An application for a development permit shall be made by submitting to the Development Officer
the following, which must be of a quality adequate to properly evaluate the application:
(a)
a completed application, signed by the registered owner or authorized by the owner pursuant
to Section 30.2;
(b)
the prescribed fee, as set by Council;
(c)
a description of the existing and proposed use of the land, building(s) and/or structures and
whether it is a new development, an alteration/addition, relocation or change of use and
whether the use is temporary in nature;
(d)
a computer-generated site plan acceptable to the Development Officer indicating:
(i)
the location of all existing and proposed buildings and structures (including roof
overhangs) and registered easements or rights-of-way, dimensioned to property lines
and drawn to a satisfactory scale;
(ii)
existing and proposed parking and loading areas, driveways, abutting streets, avenues
and lanes, and egress and ingress;
(iii)
where applicable, the location of existing and proposed utilities, wells, septic tanks,
disposal fields, culverts and surface drainage patterns;
(iv)
any additional information as may be stipulated in the standards of development;
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Town of Coalhurst Land Use Bylaw No. 462-25
(v)
any such other information as may be required by the Development Officer or
Municipal Subdivision and Development Authority to evaluate an application including,
but not limited to: conceptual design schemes, landscaping plans, building plans,
drainage plans, servicing and infrastructure plans, soil analysis, geotechnical reports or
other reports regarding site suitability, Real Property Report, or a surveyors sketch;
(e)
a copy of the approval letter from the appropriate authority stating that the proposal
complies with the architectural controls caveat;
(f)
computer-generated plans and color renderings acceptable to the Development Authority
showing the interior development and exterior elevations including height, horizontal
dimensions and finishing materials of all buildings, existing and proposed;
(g)
documentation from the Alberta Energy Regulator (AER) identifying the presence or absence
of abandoned oil and gas wells as required by the Subdivision and Development Regulation.
SECTION 31
DETERMINATION OF COMPLETE DEVELOPMENT PERMIT APPLICATION
31.1
A Development Officer shall, within 20 days after the receipt of an application in accordance with
Section 30 for a development permit, determine whether the application is complete for
processing purposes.
31.2
An application is complete if, in the opinion of the Development Officer, the application contains
the documents and other information necessary to review the application.
31.3
The 20-day time period referred to in Section 31.1 may be extended by an agreement in writing
between the applicant and the Development Officer, which would extend the time to determine
completeness of the application.
31.4
If the Development Officer does not make a determination referred to in Section 31.1 within the
time required under Section 31.1 or 31.3, the application is deemed to be complete for processing
purposes.
31.5
If a Development Officer determines that the application is complete, the Development Officer
shall issue to the applicant a written Notice of Completeness acknowledging that the application
is complete, delivered by hand, mail or electronic means.
31.6
If the Development Officer determines that the application is incomplete, the Development Officer
shall issue to the applicant a written notice indicating that the application is incomplete and
specifying the outstanding documents and information to be provided, including but not limited
to those required by Section 30. A submittal deadline for the outstanding documents and
information shall be set out in the notice or a later date agreed on between the applicant and the
Development Officer in order for the application to be considered complete.
31.7
If the Development Officer determines that the information and documents submitted under
Section 31.6 are complete, the Development Officer shall issue to the applicant a written Notice
of Completeness acknowledging that the application is complete for processing purposes,
delivered by hand, mail or electronic means.
31.8
If the required documents and information under Section 31.6 have not been submitted to the
Development Officer within the timeframe prescribed in the notice issued under Section 31.6, the
Development Officer shall return the application to the applicant accompanied by a written Notice
of Refusal stating the application is deemed refused and the reasons for refusal.
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31.9
Despite issuance of a Notice of Completeness under Section 31.5 or 31.7, the Development Officer
in the course of reviewing the application may request additional information or documentation
from the applicant that the Development Authority considers necessary to review the application.
SECTION 32
PERMITTED USE APPLICATIONS
32.1
Upon receipt of a complete application for a development permit for a permitted use that
conforms with this bylaw, the Development Officer:
(a)
shall approve a development permit with or without conditions; or
(b)
may refer the application to the Municipal Subdivision and Development Authority for a
decision.
32.2
Upon receipt of a complete application for a permitted use that requests a limited variance not to
exceed 10% of one measurable standard of this bylaw, the Development Officer:
(a)
may grant the limited variance not to exceed 10% of one measurable standard of this bylaw
excluding site coverage and approve the development permit with or without conditions if,
in the opinion of the Development Officer, the variance would not unduly interfere with the
amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or
value of neighbouring parcels of land; or
(b)
may refer the development application involving a request for a limited variance not to
exceed 10% of one measurable standard of this bylaw to the Municipal Subdivision and
Development Authority for a decision;
(c)
is not required to notify adjacent landowners or persons likely to be affected prior to issuance
of a decision on a development permit granting a limited variance under this section.
32.3
Upon receipt of a complete application for a permitted use that requests more than one limited
variance, a variance(s) exceeding 10% of any measurable standard excluding site coverage of this
bylaw, or a variance of any other bylaw provision, the Development Officer shall refer the
application to the Municipal Subdivision and Development Authority for a decision pursuant to
Section 37 (Processing Applications Requiring a Variance of Bylaw Provisions).
32.4
The Development Officer or the Municipal Subdivision and Development Authority may place any
of the following conditions on a development permit for a permitted use:
(a)
requirement for the applicant to enter into a development agreement;
(b)
payment of any applicable off-site levy or redevelopment levy;
(c)
geotechnical investigation to ensure that the site is suitable in terms of topography, soil
characteristics, flooding subsidence, and erosion;
(d)
alteration of a structure or building size or location to ensure any setback requirements of
this Land Use Bylaw or the Subdivision and Development Regulation can be met;
(e)
any measures to ensure compliance with the requirements of this Land Use Bylaw or any
other statutory plan adopted by the Town of Coalhurst;
(f)
easements and/or encroachment agreements;
(g)
provision of public utilities, other than telecommunications systems or works, and vehicular
and pedestrian access;
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Town of Coalhurst Land Use Bylaw No. 462-25
(h)
repairs or reinstatement to the original condition of any street furniture, curbing, sidewalk,
boulevard landscaping and tree planting which may be damaged or destroyed or otherwise
altered by development or building operations upon the site, to the satisfaction of the
Development Officer or the Municipal Subdivision and Development Authority;
(i)
to give security to ensure the terms of the permit approval under this section are carried out
which will be returned upon completion of the development to the satisfaction of the Town;
(j)
time periods stipulating completion of development;
(k)
requirement for a lot and/or construction stakeout conducted by an approved surveyor or
agent;
(l)
any measures to ensure compliance with applicable federal, provincial and/or other
municipal legislation and approvals.
SECTION 33
DISCRETIONARY USE APPLICATIONS
33.1
Upon receipt of a complete application for a development permit for a discretionary use or a
permitted use that requests more than one variance, a variance(s) exceeding 10% of any
measurable standard and any waiver for site coverage of this bylaw, or a variance of any other
bylaw provision, the Development Officer shall:
(a)
refer the application to the Municipal Subdivision and Development Authority for a decision
pursuant to Section 37 (Processing Applications Requiring a Variance of Bylaw Provisions);
(b)
notify adjacent landowners and other persons likely to be affected in accordance with Section
39 (Notification of Adjacent Landowners and Persons Likely Affected).
33.2
After consideration of any response to the notifications of adjacent landowners and other persons
likely to be affected, including Lethbridge County, government departments and referral agencies
as applicable, compatibility and suitability of the proposed use, and any other matters, the
Municipal Subdivision and Development Authority may:
(a)
approve a development permit with or without conditions; or
(b)
refuse to approve the development permit, stating reasons.
33.3
The Municipal Subdivision and Development Authority may place any of the conditions stipulated
in Section 32.4 (Permitted Use Applications) on a development permit for a discretionary use in
any land use district, in addition to any other conditions necessary to ensure the quality, suitability
and compatibility of a development with other existing and approved uses in the area.
SECTION 34
DIRECT CONTROL DISTRICTS
34.1
Upon receipt of a complete application for a development permit in a Direct Control district, the
Development Officer:
(a)
shall refer the application to Council for a decision, except where the decision making
authority has been delegated to the Municipal Subdivision and Development Authority or the
Development Officer; and
(b)
may notify adjacent landowners and other persons likely to be affected in accordance with
Section 39 (Notification of Adjacent Landowners and Persons Likely Affected).
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34.2
After considering any response to notifications issued under Section 39, Council or the delegated
decision making authority may:
(a)
approve a development permit with or without conditions; or
(b)
refuse to approve the development permit, stating reasons.
34.3
In accordance with section 641(4)(a) of the MGA, there is no appeal to the Subdivision and
Development Appeal Board for a decision on an application for a development permit in a Direct
Control district.
SECTION 35
SIMILAR AND PROHIBITED USES
35.1
Where a use is applied for which is not specifically considered in any land use district or defined
elsewhere in the Land Use Bylaw, but is similar in character and purpose to another use that is
permitted or discretionary in the land use district in which such use is proposed, the following
process shall apply:
(a)
the matter shall be referred by the Designated Officer to the Municipal Subdivision and
Development Authority;
(b)
the Designated Officer shall notify persons likely to be affected in accordance with Section
39;
(c)
the Municipal Subdivision and Development Authority shall determine and make a ruling on
the proposed use as to its similarity to a permitted or discretionary use in the district.
(d)
If the use is deemed similar, the proposed use shall be reviewed by the Municipal Subdivision
and Development Authority as a discretionary use for that land use district.
(e)
Given the above, if the application is approved by the Municipal Subdivision and
Development Authority, a development permit shall be issued in accordance with Section 40.
35.2
Where a use is not listed in a land use district as either discretionary or permitted and is not
deemed similar in nature in accordance with Section 35.1, then that use is prohibited in the land
use district.
SECTION 36
TEMPORARY USE
36.1
Where, in the opinion of the Development Authority, a proposed use is of a temporary nature, it
may approve a temporary development permit valid for a period of up to one year for a use,
provided the use is listed as a permitted use, discretionary use or deemed similar to a permitted
or discretionary use in the applicable land use district.
36.2
Temporary use applications shall be subject to the following conditions:
(a)
the applicant or developer is liable for any costs involved in the cessation or removal of any
development at the expiration of the permitted period;
(b)
the Municipal Subdivision and Development Authority may require the applicant to submit
an irrevocable letter of credit, performance bond or other acceptable form of security
guaranteeing the cessation or removal of the temporary use; and
(c)
any other conditions as deemed necessary.
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36.3
A use deemed temporary in nature shall be processed in accordance with the corresponding
Sections 31 through 35 of this bylaw. Notification of adjacent landowners and other persons likely
to be affected, including Lethbridge County, government departments and referral agencies, shall
be in accordance with Section 39 of this bylaw.
SECTION 37
PROCESSING APPLICATIONS REQUIRING A VARIANCE OF BYLAW PROVISIONS
37.1
Upon receipt of an application for a development permit that does not comply with this bylaw but
in respect of which the Municipal Subdivision and Development Authority is requested to exercise
discretion under Section 37.3, the Development Officer shall:
(a)
refer the application to the Municipal Subdivision and Development Authority for a decision;
and
(b)
notify adjacent landowners and other persons likely to be affected, including Lethbridge
County, government departments and any other referral agency, in accordance with Section
39.
37.2
The Development Officer is authorized to exercise discretion for a permitted use where a limited
variance to one applicable measurable standard not to exceed 10% excluding site coverage, is
requested, in accordance with Section 32.2.
37.3
The Municipal Subdivision and Development Authority is authorized to decide upon an application
for a development permit notwithstanding that the proposed development does not comply with
this bylaw, if in the opinion of the Municipal Subdivision and 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
properties; and
(b)
the proposed development conforms with the use prescribed for that land or building within
Schedule 2, Land Use Districts.
SECTION 38
LIMITATIONS ON VARIANCE PROVISIONS
38.1
In approving an application for a development permit, the Designated Officer or Municipal
Subdivision and Development Authority shall adhere to the general purpose and intent of the
appropriate land use district and to the following:
(a)
a variance shall be considered only in cases of unnecessary hardship or practical difficulties
particular to the use, character, or situation of land or building which are not generally
common to other land in the same land use district;
(b)
where a variance is considered that will reduce the setback from any road as defined in the
MGA, the Development Authority shall consider all future road construction needs of the
municipality as well as the transportation requirements of the parcel(s) or lot(s) affected.
SECTION 39
NOTIFICATION OF ADJACENT LANDOWNERS AND PERSONS LIKELY AFFECTED
39.1
Where notification of adjacent landowners and other persons likely to be affected is required, the
Development Officer shall:
(a)
mail (postal service or electronic) written notice of the application at least 10 days before the
meeting of the Municipal Subdivision and Development Authority to:
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(i)
adjacent landowners and other persons likely to be affected by the issuance of a
development permit;
(ii)
Lethbridge County if, in the opinion of the Development Officer or the Municipal
Subdivision and Development Authority, the proposed development could have an
impact upon land uses in the County or is adjacent to the County boundary; and
(iii)
any other persons, government departments or referral agency that is deemed to be
affected; or
(b)
hand deliver written notice of the application at least five days before the meeting of the
Municipal Subdivision and Development Authority to the persons and agencies specified in
subsection (a); or
(c)
publish a notice of the application in a newspaper circulating in the municipality or the Town
newsletter at least 10 days before the meeting of the Municipal Subdivision and
Development Authority to the persons and agencies specified in subsection (a); or
(d)
post a notice of the application in a conspicuous place on the property at least five days
before the meeting of the Municipal Subdivision and Development Authority to the persons
and agencies specified in subsection (a); or
(e)
any combination of the above.
39.2
In all cases, notification shall:
(a)
describe the nature and location of the proposed use or development;
(b)
state the place and time where the Municipal Subdivision and Development Authority will
meet to consider the application, and state how and when written or oral submissions on the
application will be received and considered;
(c)
specify the location at which the application can be inspected.
SECTION 40
NOTICE OF DECISION
40.1
Upon issuance of a development permit for a permitted use that complies with this bylaw, the
Development Authority shall:
(a)
mail a written notice of decision to the applicant; and
(b)
notify persons likely to be affected by either:
(i)
posting a copy of the decision in a prominent place in the Town Office for at least 21 days;
or
(ii)
publishing a notice of the decision on the official municipal website or newspaper
circulated within the municipality; or
(iii) any combination of the above.
40.2
Upon issuance of a development permit for a discretionary use, similar use, temporary use, or an
application involving a waiver, the Development Authority shall:
(a)
mail a written notice of decision to the applicant; and
(b) notify persons likely to be affected by either:
(i)
mailing a copy of the decision to those persons, departments and agencies; or
(ii)
publishing a notice of the decision in a newspaper circulated within the municipality; or
(iii) post a notice of the application in a conspicuous place on the property; or
(iv) any combination of the above.
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40.3
The Development Officer will give or send a copy of the written decision, specifying the date on
which the written decision was given and containing any other information required by the
regulations the same day the written decision is given.
40.4
For the purposes of Section 40.3, the "date on which the decision was made" means:
(a)
the date the Development Authority signs the notice of decision or development permit; or
(b)
the date the decision is posted in the newspaper;
whichever occurs later.
SECTION 41
COMMENCEMENT OF DEVELOPMENT
41.1
Despite the issuance of a development permit, no development is authorized to commence within
21 days after the date on which the decision was made.
41.2
If an appeal is made, no development is authorized pending the outcome of the appeal.
41.3
Any development occurring prior to the dates determined under Section 41.1 is at the risk of the
applicant.
SECTION 42
DEVELOPMENT PERMIT VALIDITY
42.1
Unless a development permit is suspended or cancelled, the development must be commenced
and carried out with reasonable diligence in the opinion of the Development Officer or the
Municipal Subdivision and Development Authority within 12 months from the date of issuance of
the permit, otherwise the permit is no longer valid.
42.2
An application to extend the validity of a development permit may be made at any time prior to
the expiration of the approved permit in accordance with Section 42.3, except for a permit for a
temporary use which shall not be extended.
42.3
Upon receipt of a request to extend the validity of a development permit, the validity of a
development permit may be extended for up to a period of one year by:
(a)
the Development Officer or the Municipal Subdivision and Development Authority if the
permit was issued by the Development Officer;
(b)
the Municipal Subdivision and Development Authority if the permit was issued by the
Municipal Subdivision and Development Authority or approved on appeal by the Subdivision
and Development Appeal Board.
42.4
When any use has been discontinued for a period of 12 months or more, any development permit
that may have been issued is no longer valid and said use may not be recommenced until a new
application for a development permit has been made and a new development permit issued. This
section does not apply to non-conforming uses which are regulated under section 643 of the MGA.
42.5
The Development Officer or the Municipal Subdivision and Development Authority may place
conditions on a development permit approval that stipulate a timeframe for the completion of a
development.
SECTION 43
TRANSFERABILITY OF DEVELOPMENT PERMIT
43.1
A home occupation permit is non-transferable.
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ADMINISTRATION | 19
43.2
Any other valid development permit is transferable where the use remains unchanged and the
development is affected only by a change of ownership, tenancy, or occupancy.
SECTION 44
OCCUPANCY PERMITS
44.1
The Development Officer or the Municipal Subdivision and Development Authority, or in a Direct
Control district the Council, may require that the holder of a development permit obtain an
occupancy permit before a building or use that was the subject of a development permit is
occupied and/or the approved use initiated.
SECTION 45
FAILURE TO MAKE A DECISION - DEEMED REFUSAL
45.1
In accordance with section 684 of the MGA, an application for a development permit shall, at the
option of the applicant, be deemed to be refused when the decision of the Development Officer
or the Municipal Subdivision and Development Authority, as the case may be, is not made within
40 days of receipt of the complete application unless the applicant has entered into an agreement
with the Development Officer or the Municipal Subdivision and Development Authority to extend
the 40-day decision period.
SECTION 46
REAPPLICATION FOR A DEVELOPMENT PERMIT
46.1
If an application for a development permit is refused by the Development Officer, the Municipal
Subdivision and Development Authority, or on appeal the Subdivision and Development Appeal
Board, the submission of another application for a development permit on the same parcel of land
for the same or for a similar use of the land may not be accepted by the Development Officer for
at least six months after the date of refusal.
46.2
If an application was refused solely because it did not comply with the standards of this bylaw or
was refused as an incomplete application under Section 31, the Development Officer may accept
another application on the same parcel of land for the same or similar use before the time period
referred to in Section 46.1 has lapsed, provided the application has been modified to comply with
this bylaw.
SECTION 47
SUSPENSION OR CANCELLATION OF A PERMIT
47.1
If after a development permit has been issued, the Development Officer or the Municipal
Subdivision and Development Authority determines that:
(a)
the application contained a misrepresentation;
(b)
facts were not disclosed which should have been at the time of consideration of the
application for the development permit;
(c)
the development permit was issued in error; or
(d)
the applicant withdrew the application by way of written notice;
the Development Officer or the Municipal Subdivision and Development Authority may suspend
or cancel the development permit by notice in writing to the holder of it stating the reasons for
any suspension or cancellation.
47.2
Upon receipt of the written notification of suspension or cancellation, the applicant must cease all
development and activities to which the development permit relates.
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Town of Coalhurst Land Use Bylaw No. 462-25
47.3
A person whose development permit is suspended or cancelled under this section may appeal
within 21 days of the date the notice of cancellation or suspension is received to the Subdivision
and Development Appeal Board.
47.4
If a development permit is suspended or cancelled, the Subdivision and Development Appeal
Board shall review the application if an appeal is filed by the applicant and either:
(a)
reinstate the development permit; or
(b)
cancel the development permit if the Development Officer or the Municipal Subdivision and
Development Authority would not have issued the development permit if the facts
subsequently disclosed had been known during the consideration of the application; or
(c)
reinstate the development permit and may impose such other conditions as are considered
necessary to ensure that this bylaw or any statutory plan is complied with.
SUBDIVISION RULES AND PROCEDURES
SECTION 48
SUBDIVISION APPLICATIONS
48.1
An applicant applying for subdivision shall provide the required material and information as
requested by the Subdivision Authority or its designate. A complete application shall consist of:
(a) an official application, in the manner and form prescribed, clearly and legibly completed with
all the required information and signatures provided as requested on the form; and
(b)
the applicable fees paid; and
(c)
an up-to-date and current copy of the Certificate of Title to the subject land; and
(d)
a surveyors sketch or tentative subdivision plan with dimensions, structures, location of
private sewage disposal system, professionally prepared; and
(e)
provincial abandoned gas well information; and
(f)
any such other information as may be required at the discretion of the Subdivision Authority
in order to accurately evaluate the application and determine compliance with the Land Use
Bylaw or other government regulations. This may include but is not limited to the provision
of geotechnical information, soil analysis reports, water reports, soil or slope stability
analysis, drainage information, contours and elevations of the land, engineering studies or
reports, wetland reports, environmental impact assessments, utility and servicing
information, and/or the preparation of a conceptual design scheme or an area structure plan
prior to a decision being rendered on a subdivision application to determine the suitability of
the land for the proposed use; and
(g)
the consent to authorize the Subdivision Authority or its designate to carry out a site
inspection on the subject land as authorized in accordance with the MGA must also be
provided on the submitted application form unless determined not to be needed by the
Subdivision Authority.
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ADMINISTRATION | 21
48.2
In accordance with the MGA, the Subdivision Authority or those authorized to act on its behalf,
shall provide notification to a subdivision applicant within the 20-day prescribed time period, on
whether a submitted application is deemed complete, or if it is determined to be deficient what
information is required to be submitted by a specified time period, by sending notification in the
following manner:
(a)
for an application deemed complete, the applicant shall be notified in writing as part of the
formal subdivision application circulation referral letter;
(b)
for an application determined to be incomplete, written notification shall be given to the
applicant which may be in the form of a letter sent by regular mail to the applicant, or sent
by electronic means, or both, or by any other method as may be agreed to between the
applicant and Subdivision Authority;
(c)
in respect of subsection (b) for a subdivision application determined to be incomplete, the
applicant will be advised in writing as part of the Notice of Incompleteness what the
outstanding or required information items are that must be submitted by the time specified
in the notice.
48.3
Notwithstanding Section 48.2, the applicant and Subdivision Authority may agree and sign a time
extension agreement in writing in accordance with section 653.1(3) of the MGA to extend the 20-
day decision time period to determine whether the subdivision application and support
information submitted is complete.
48.4
A determination made by the Subdivision Authority that an application is complete for processing
does not preclude the ability for the Subdivision Authority to request other information or studies
to be submitted by the applicant during the review and processing period, prior to a decision being
rendered, or as condition of subdivision approval.
SECTION 49
INCOMPLETE SUBDIVISION APPLICATIONS
49.1
The Subdivision Authority may refuse to accept and process a subdivision application where the
information required under Section 45 and/or as described in a Notification of Incompleteness has
not been submitted, is determined to be deficient, is still incomplete, or in the opinion of the
Subdivision Authority the quality of the material supplied is inadequate to properly evaluate the
application.
49.2
If the Subdivision Authority makes a determination that the application is refused due to
incompleteness, the applicant shall be notified in writing with reasons in the manner as described
in Section 48.2.
49.3
The notification provided for in Section 48.2(b) shall include for the applicant the required
information on the filing of an appeal and to which appeal board body the appeal lies, either the
local appeal board or provincial Municipal Government Board, in accordance with the parameters
of the MGA.
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Town of Coalhurst Land Use Bylaw No. 462-25
ENFORCEMENT AND APPEALS
SECTION 50
SUBDIVISON AND DEVELOPMENT APPEALS
50.1
Any person applying for a development permit or any other person affected by an order, decision
or development permit made or issued by the Designated Officer or the Municipal Subdivision and
Development Authority may appeal such an order or decision to the Subdivision and Development
Appeal Board in accordance with the procedures described in the MGA.
50.2
The applicant may appeal a subdivision decision, and any condition attached to the decision, to
the Subdivision and Development Appeal Board in accordance with the procedures described in
the MGA.
50.3
An appeal to the Subdivision and Development Appeal Board shall be commenced by serving a
written notice of the appeal with reasons to the Subdivision and Development Appeal Board and
shall be accompanied by the applicable fees.
SECTION 51
GENERAL PROVISIONS
51.1
A Development Officer may enforce the provisions of the MGA and its regulations, the conditions
of a permit or subdivision approval, and this bylaw. Enforcement may be by notice of violation,
stop orders, or any other authorized action to ensure compliance.
Right of Entry
51.2
After reasonable notice (generally to mean 48 hours' notice) to the owner or occupant in
accordance with the MGA, a Development Officer may enter property at reasonable times
(generally to mean 7:30 AM to 10:00 PM) to ascertain if bylaw requirements are being met.
51.3
A person shall not prevent or obstruct a Development Officer from carrying out any official duty
under this bylaw. If consent is not given, the Town of Coalhurst may apply for an authorizing order.
Contravention of Bylaw
51.4
Any owner, lessee, tenant or occupant of land, a building, a structure or a sign thereon, who, with
respect to such land, building, structure:
(a)
contravenes; or
(b)
causes, allows or permits a contravention of any provision of this bylaw;
commits an offence.
51.5
It is an offence for any person to:
(a)
construct a building or structure,
(b)
make an addition or alteration thereto, or
(c)
place a sign on land,
for which a development permit is required but has not been issued or is not valid under this bylaw.
51.6
It is an offence to use residential, agricultural, public, commercial or industrial property without a
valid development permit where the use is listed as a permitted or discretionary use in the land
use district.
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ADMINISTRATION | 23
51.7
It is an offence to use residential, agricultural, public, commercial or industrial property without a
valid development permit where the use is not listed as a permitted or discretionary use in the
land use district.
Warning Notice
51.8
A Development Officer may issue a warning notice outlining the nature of the violation, corrective
measures that may be taken, and the deadline for corrective measures.
SECTION 52
NOTICE OF VIOLATION
52.1
Once the Town has found a violation of this bylaw, the Development Officer may notify either the
owner of the land, the building or the structure, the person in possession of the land, building or
structure, the person responsible for the violation or any or all of them, of the contravention of
this bylaw, by:
(a)
delivering a Notice of Violation either in person or by ordinary mail to the owner of the land,
building or structure at the address listed on the tax roll for the land in question; or
(b)
delivering a Notice of Violation either in person or by ordinary mail to the owner of a sign, at
a location where the owner carries on business.
52.2
Such notice shall state the following:
(a)
nature of the violation,
(b)
corrective measures required to comply, and
(c)
time period within which such corrective measures must be performed.
52.3
The appearance of the name of an individual, organization, corporation or ownership on a sign is
prima facie proof that the individual, organization, corporation or owner named thereon caused,
suffered or permitted the sign to be placed on land, and is responsible for any contravention of
the provisions of this bylaw.
52.4
The Town is not required to issue a Violation Notice before commencing any other enforcement
action under the MGA, or this bylaw, or at all.
SECTION 53
STOP ORDERS
53.1
As set forth in the MGA, the Development Authority is authorized to issue an order under section
645 of the MGA if a development, land use or use of a building is not in accordance with the MGA,
the Subdivision and Development Regulation, a development permit or subdivision approval, or
this bylaw.
53.2
A person who receives notice pursuant to Section 53.1 may appeal the order to the Subdivision
and Development Appeal Board in accordance with the MGA.
53.3
Pursuant to section 646 of the MGA, if a person fails or refuses to comply with an order directed
to the person under section 645 or an order of a Subdivision And Development Appeal Board under
section 687, the Development Officer may, in accordance with section 542, enter on the land or
building and take any action necessary to carry out the order.
53.4
The Town may register a caveat under the Land Titles Act in respect of an order referred to in
Section 53.1 against the Certificate of Title for the land that is the subject of an order.
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Town of Coalhurst Land Use Bylaw No. 462-25
53.5
If a caveat is registered under Section 53.4, the Town must discharge the caveat when the order
has been complied with.
53.6
If compliance with a stop order is not voluntarily effected, the Town may undertake legal action,
including but not limited to, seeking injunctive relief from the Alberta Court of Queen's Bench
pursuant to section 554 of the MGA. In accordance with section 553 of the MGA, the expenses
and costs of carrying out an order under section 646 of the MGA may be added to the tax roll of
the parcel of land.
SECTION 54
PENALTIES AND RIGHT OF ENTRY
54.1
Any person who contravenes any provision of this bylaw is guilty of an offence in accordance with
Part 13, Division 5, Offences and Penalties of the MGA and is liable to a fine of not more than
$10,000 or to imprisonment for not more than one year or to both fine and imprisonment.
54.2
In accordance with section 542 of the MGA, a Development Officer may, after giving reasonable
notice to and obtaining consent from the owner or occupier of land upon which this bylaw or MGA
authorizes anything to be inspected, remedied or enforced or done by a municipality:
(a)
enter on that land at a reasonable time and carry out inspection, enforcement, or action
authorized or required by the enactment or bylaw;
(b)
request anything to be produced to assist in the inspection, remedy, enforcement or action;
and
(c)
make copies of anything related to the inspection, remedy, enforcement or action.
54.3
If a person refuses to grant consent or refuses to produce anything to assist in the inspection,
remedy, enforcement or action referred to in section 542 of the MGA, the municipality under the
authority of section 543 of the MGA may obtain a court order.
AMENDMENTS
SECTION 55
AMENDMENTS TO THE LAND USE BYLAW
55.1
Any person or the Town may initiate amendments to the Town of Coalhurst Land Use Bylaw by
submitting an application to the Development Officer.
55.2
All applications for amendment shall be submitted using the applicable form in Appendix A, and
be accompanied by any additional information, as deemed necessary by the Development Officer
to process the application.
55.3
The Development Officer may refuse to accept an application if, in his/her opinion, the information
supplied is not sufficient to make a proper evaluation of the proposed amendment.
55.4
Council or the Development Officer may refer the application to the Municipal Subdivision and
Development Authority for their recommendation.
55.5
The Development Officer shall forward the application to Council for consideration if he/she is
satisfied sufficient information has been provided with the application.
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ADMINISTRATION | 25
55.6
Public hearing and notification requirements shall be in accordance with section 692 of the MGA.
55.7
Where an application for an amendment to the Town of Coalhurst Land Use Bylaw has been
refused by Council, another application that is the same or similar in nature shall not be accepted
until at least 12 months after the date of refusal.
55.8
Where an application has been significantly changed, Town Council may accept an application prior
to the end of the 12-month period specified in Section 55.7.
SECTION 56
LAND USE REDESIGNATION APPLICATION REQUIREMENTS
56.1
A request for redesignation from one land use district to another shall be accompanied by:
(a)
a completed application form and the applicable fee;
(b)
a copy of the Certificate of Title for the lands, dated not more than 60 days prior to the date
on which the application was made;
(c)
a narrative describing the:
(i)
proposed designation and future uses(s);
(ii)
consistency with the applicable statutory plans;
(iii)
compatibility of the proposal with surrounding uses and zoning;
(iv)
development potential/suitability of the site, including identification of any constraints
and/or hazard areas (e.g. easements, soil conditions, topography, drainage, floodplain,
steep slopes, etc.);
(v)
availability of facilities and services (sewage disposal, domestic water, gas, electricity,
fire and police protection, schools, etc.) to serve the subject property while maintaining
adequate levels of service to existing development;
(vi)
any potential impacts on public roads; and
(vii) any other information deemed necessary by the Development Officer or Council to
properly evaluate the proposal.
(d)
conceptual lot design, if applicable;
(e)
a geotechnical report prepared by an engineer registered with the Association of Professional
Engineers, Geologists, and Geophysicists of Alberta (APEGGA), addressing the following but
not limited to:
(i)
slope stability,
(ii)
groundwater,
(iii)
sewage,
(iv)
water table, and
(v)
flood plain analysis,
if deemed necessary by the Development Officer, or Council;
(f)
an evaluation of surface drainage which may include adjacent properties if deemed necessary
by the Development Officer, or Council; and
(g)
any other information deemed necessary by the Development Officer, or Council to properly
evaluate the application.
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Town of Coalhurst Land Use Bylaw No. 462-25
56.2
An Area Structure Plan or Conceptual Design Scheme shall be required in conjunction with a
redesignation application, or unless determined otherwise by Council, when:
(a)
redesignating land from Transitional - TR to another district;
(b)
redesignating annexed land to a district other than Transitional - TR, except where an
approved Area Structure Plan or Conceptual Design Scheme defines land use designation(s)
for the proposed development area;
(c)
grouped industrial development;
(d)
large-scale commercial development;
(e)
a new or expanded manufactured home park;
(f)
multi-lot residential development resulting in the creation of more than three lots or which
has the potential to trigger capacity upgrades or expansion of infrastructure; or
(g)
as required by Council.
SECTION 57
REDESIGNATION CRITERIA
57.1
When redesignating land from one land use district to another, Council considerations shall include
the following:
(a)
compliance with applicable standards and provisions of the Town of Coalhurst Land Use
Bylaw;
(b)
consistency with the Municipal Development Plan and any other adopted statutory plans;
(c)
compatibility with adjacent uses;
(d)
development potential/suitability of the site;
(e)
availability of facilities and services (sewage disposal, domestic water, gas, electricity, police
and fire protection, schools, etc.) to serve the subject property and any potential impacts to
levels of service to existing and future developments;
(f)
cumulative impact to the Town;
(g)
potential impacts on public roads;
(h)
setback distances contained in the Subdivision and Development Regulation;
(i)
supply of suitably developable land;
(j)
public comment and any applicable review agency comments; and
(k)
any other matters deemed pertinent.
Town of Coalhurst Land Use Bylaw No. 462-25
ADMINISTRATION | 27
ADMINISTRATION DEFINITIONS
SECTION 58
ADMINISTRATION DEFINITIONS
The following definitions shall apply to the entire bylaw.
A
APPROVED USE means a use of land and/or building for which a development permit has been issued by the
Development Authority or the Subdivision and Development Appeal Board.
AREA REDEVELOPMENT PLAN means a statutory plan, prepared in accordance with sections 634 and 635 of the
MGA for the purpose of all or any of the following:
(a)
preserving or improving land and buildings in the area;
(b)
rehabilitating buildings in the area;
(c)
removing buildings from the area;
(d)
constructing or replacing buildings in the area;
(e)
establishing, improving or relocating public roadways, public utilities or other services in the area;
(f)
any other development in the area.
AREA STRUCTURE PLAN means a statutory plan prepared for the purpose of providing a framework for subsequent
subdivision and development of an area of land (MGA, section 633) and that may be adopted by a Council by bylaw.
B
BUILDING PERMIT means a certificate or document issued by the Safety Codes Officer pursuant to provincial
legislation authorizing commencement of construction.
BYLAW means the Land Use Bylaw of the Town of Coalhurst.
C
CERTIFICATE OF COMPLIANCE means a document signed by the Development Authority, certifying that a
development complies with this bylaw with respect to yard requirements and insofar as represented on an Alberta
Land Surveyor's Real Property Report.
CHANGE OF USE means the conversion of land or building, or portion thereof from one land use activity to another
in accordance with the Permitted or Discretionary Uses as listed in each land use district.
CONCEPTUAL DESIGN SCHEME means a detailed site layout plan for a parcel of land which typically addresses the
same requirements of an Area Structure Plan but which is not adopted by bylaw which:
(a)
shows the location of any existing or proposed buildings; and
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Town of Coalhurst Land Use Bylaw No. 462-25
(b)
describes the potential effect and/or relationship of the proposed development on the surrounding area
and the municipality as a whole; and
(c)
provides for access roads, water, sewer, power and other services to the satisfaction of the Subdivision
Authority or Council.
CONDOMINIUM means a building or structure where there exists a type of ownership of individual units, generally
in a multi-unit development or project where the owner possesses an interest as a tenant in common with other
owners in accordance with the provisions of the Condominium Property Act.
CONDOMINIUM PLAN means a plan of survey registered at a Land Titles Office prepared in accordance with the
provisions of the Condominium Property Act, Revised Statutes of Alberta 2000, Chapter C-22, as amended.
COUNCIL means Council of the Town of Coalhurst.
D
DEVELOPER means a person or an owner of land in accordance with the Statutes of the Province of Alberta who
wishes to alter the title to the property and change the use of the property from its existing use.
DEVELOPMENT in accordance with the Municipal Government Act means:
(a)
an excavation or stockpile and the creation of either of them;
(b)
a building or an addition to or replacement or repair of a building and the construction or placing of any
of them in, on, over or under land;
(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 contractual agreement completed between the municipality and an applicant
for a development permit or subdivision approval which specifies the roadways, walkways, public utilities, and other
services to be provided by the applicant as a condition of a development permit or subdivision approval, in
accordance with the Municipal Government Act.
DEVELOPMENT AUTHORITY means the body established by bylaw to act as the Development Authority in
accordance with sections 623(b) or (c) and 624 of the Municipal Government Act.
DEVELOPMENT OFFICER means a person(s) authorized by Council to act as a development authority pursuant to
section 624 of the Municipal Government Act and in accordance with the Municipal Subdivision and Development
Authority Bylaw.
DEVELOPMENT PERMIT means a permit issued with or without conditions pursuant to this bylaw authorizing a
development. A development permit does not constitute a building permit.
DISCRETIONARY USE means the use of land or building(s) provided for in the Land Use Bylaw for which a
development permit may be issued, following receipt by the Development Officer of a competed application with
appropriate details and fees.
DISTRICT - see LAND USE DISTRICT
Town of Coalhurst Land Use Bylaw No. 462-25
ADMINISTRATION | 29
G
GEOTECHNICAL REPORT means a comprehensive site analysis and report prepared by a qualified and registered
professional with the Association of Professional Engineers and Geoscientists of Alberta (APEGA).
L
LANDOWNER - see REGISTERED OWNER
LAND USE DISTRICT means a specifically delineated area or zone within which the development standards of this
bylaw govern the use, placement, spacing, and size of land and buildings. All land use districts referred to in this
bylaw are shown on the Land Use Districts Map found in Schedule 1 of this bylaw.
LANE or LANEWAY means a public thoroughfare, which provides a secondary means of access to a lot or lots.
LOT means a lot as defined in the Municipal Government Act and shall include a bare land condominium unit.
M
MAINTENANCE means the upkeep of a building or property that does not involve structural change, the change of
use, or the change of intensity of use.
MUNICIPAL DEVELOPMENT PLAN means a statutory plan, formerly known as a General Municipal Plan, adopted by
bylaw in accordance with section 632 of the Municipal Government Act.
MUNICIPAL GOVERNMENT ACT (MGA) means the Municipal Government Act, Revised Statutes of Alberta, 2000,
Chapter M-26, as amended.
MUNICIPAL SUBDIVISION AND DEVELOPMENT AUTHORITY means the committee authorized by Council to act as
the Subdivision Authority pursuant to section 623 of the Municipal Government Act and Development Authority
pursuant to section 624 of the Municipal Government Act, and in accordance with the Municipal Subdivision and
Development Authority Bylaw.
MUNICIPAL/SCHOOL RESERVE means the land specified to be municipal and school reserve by a subdivision
approving authority pursuant to section 666 of the Municipal Government Act.
N
NON-COMPLIANCE means a development constructed, or use undertaken after the adoption of the current Land
Use Bylaw and does not comply with the current Land Use Bylaw.
NON-CONFORMING BUILDING means a building:
(a)
that is lawfully constructed or lawfully under construction at the date of a Land Use Bylaw or any
amendment thereof affecting the building or land on which the building is situated becomes effective;
and
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Town of Coalhurst Land Use Bylaw No. 462-25
(b)
that on the date the Land Use Bylaw or any amendment thereof 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 of a Land Use Bylaw or any amendment thereof affecting the land or building becomes effective; and
(b)
that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or in the
case of a building under construction, will not comply with the Land Use Bylaw.
NON-SERVICED means, in respect to a lot or parcel, that neither a municipal water system nor a municipal sewage
system services it.
NUISANCE means any use, prevailing condition or activity which has a detrimental effect on living or working
conditions.
O
OFF-SITE LEVY means the rate established by the municipal Council that will be imposed upon owners and/or
developers who are increasing the use of utility services, traffic services, and other services directly attributable to
the changes that are proposed to the personal property. The revenues from the off-site levies will be collected by
the municipality and used to offset the future capital costs for expanding utility services, transportation network,
and other services that have to be expanded in order to service the needs that are proposed for the change in use
of the property.
ORIENTATION means the arranging or facing of a building or other structure with respect to the points of the
compass.
P
PARCEL means an area of land described in a Certificate of Title either directly or by reference to a plan and
registered with the Alberta Land Titles Office.
PARTIALLY SERVICED LOT means a lot that is provided water or sewer serviced by either:
(a)
a municipal water line or a municipal sewer line; or
(b)
an incorporated organization or co-operative, recognized by the municipality, that is operating a
provincially approved water or sewer system.
PERMITTED USE means the use of land or building(s) which is permitted in a district for which a development permit
shall be issued, following receipt by the Development Officer of a completed application with appropriate details
and fees.
PLAN OF SUBDIVISION means a plan of survey prepared in accordance with the relevant provisions of the Land Titles
Act for the purpose of effecting subdivision.
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ADMINISTRATION | 31
PRINCIPAL BUILDING means a building which:
(a)
occupies the major or central portion of a lot;
(b)
is the chief or main building on a lot; or
(c)
constitutes, by reason of its use, the primary purpose for which the lot is used.
PRINCIPAL USE means the main purpose, in the opinion of the Development Officer or Municipal Subdivision and
Development Authority, for which a lot is used.
PROHIBITED USE means a development that is not listed as permitted or discretionary, or is not considered similar
within a land use district.
R
REAL PROPERTY REPORT (RPR) means a legal document that illustrates in detail the location of all relevant, visible
public and private improvements relative to property boundaries prepared by a registered Alberta Land Surveyor.
REGISTERED OWNER means:
(a)
in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the Minister
of the Crown having the administration of the land; or
(b)
in the case of any other land:
(i)
the purchase of the fee simple estate in the land under an agreement for sale that is the subject of
a caveat registered against the Certificate of Title in the land, and any assignee of the purchaser's
interest that is the subject of a caveat registered against the Certificate of Title; or
(ii)
in the absence of a person described in paragraph (i), the person registered under the Land Titles
Act as the owner of the fee simple estate in the land.
RIGHT-OF-WAY means an area of land not on a lot that is dedicated for public or private use to accommodate a
transportation system and necessary public utility infrastructure (including but not limited to water lines, sewer
lines, power lines, and gas lines).
S
SAFETY CODES means a code, regulations, standard, or body of rules regulating things such as building, electrical
systems, elevating devices, gas systems, plumbing or private sewage disposal systems, pressure equipment, fire
protection systems and equipment, barrier free design and access in accordance with the Safety Codes Act, RSA
2000, Chapter S-1, as amended.
SIMILAR USE means a use of land or building(s) for a purpose that is not provided in any district Development in this
bylaw, but is deemed by the Development Officer or Municipal Subdivision and Development Authority to be similar
in character and purpose to another use of land or buildings that is included within the list of uses prescribed for
that district.
SITE means that part of a parcel or a group of parcels on which a development exists or which an application for a
development permit is being made.
ADMINISTRATION | 32
Town of Coalhurst Land Use Bylaw No. 462-25
STOP ORDER means an order issued by the Development Officer or Municipal Subdivision and Development
Authority pursuant to section 645 of the Municipal Government Act.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB) means the committee established, by bylaw, to act as
the municipal appeal body for subdivision and development applications.
SUBDIVISION AND DEVELOPMENT REGULATION means regulations established by order of the Lieutenant Governor
in Council pursuant to section 694 of the Municipal Government Act.
SUBDIVISION AUTHORITY means the body established by bylaw to act as the subdivision authority in accordance
with section 623 of the Municipal Government Act.
SUBDIVISION OR SUBDIVIDE means the division of a parcel by an instrument.
SUBSIDENCE means a localized downward settling or sinking of a land surface.
SUCH AS means includes, but is not limited to the list of items provided.
T
TEMPORARY DEVELOPMENT means a development for which a development permit has been issued for a limited
time period.
TOWN means the Town of Coalhurst.
U
USE means the purposes for which land or a building is arranged or intended, or for which either land, a building or
a structure is, or may be, occupied and maintained.
UTILITIES means any one or more of the following:
(a)
systems for the distribution of gas, whether artificial or natural;
(b)
facilities for the storage, transmission, treatment, distribution or supply of water or electricity;
(c)
facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d)
storm water drainage facilities;
(e)
any other things prescribed by the Lieutenant Governor in Council by regulation;
but does not include those systems or facilities referred to in subclauses (a) to (d) that are exempted by the
Lieutenant Governor in Council by regulation.
W
WAIVER means the relaxation or variance of a development standard as established in this bylaw.
Town of Coalhurst Land Use Bylaw No. 462-25
ADMINISTRATION | 33
Z
ZONING - see LAND USE DISTRICT
All other words and expressions not otherwise defined in this Land Use Bylaw have the meaning
assigned to them in the Municipal Government Act.
Schedule 1
LAND USE DISTRICTS
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 1 | 1
Schedule 1
LAND USE DISTRICTS
SECTION 1
LAND USE DISTRICTS
1.1
The municipality is divided into those districts shown on the Land Use Districts Map of this
schedule.
1.2
Each district shown on the map referred to in section 1 of this schedule shall be known by the
following identifying names and symbols:
RESIDENTIAL
- R
SMALL LOT RESIDENTIAL
- SLR
LARGE LOT RESIDENTIAL
- LLR
TWO-UNIT RESIDENTIAL
- TUR
MULTI-UNIT RESIDENTIAL
- MUR
MANUFACTURED HOME PARK
- MHP
TOWN CENTRE COMMERCIAL
- TCC
BUSINESS PARK
- BUP
INDUSTRIAL BUSINESS
- IBU
PARKS AND RECREATION
- PR
PUBLIC INSTITUTIONAL
- PI
TRANSITIONAL
- TR
DIRECT CONTROL
- DC
FUSION
- FUS
SECTION 2
LAND USE DISTRICTS MAP
2.1
Land Use Districts Map (following this page)
Schedule 2
LAND USE DISTRICT REGULATIONS
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - R | 1
RESIDENTIAL - R
SECTION 1
PURPOSE
1.1
To provide for a high quality residential environment with an appropriate range of housing types
that comply with standards outlined in the Residential land use district.
SECTION 2
USES
2.1
Permitted Uses
Accessory building less than
65.0 m2 (700 ft2)
Accessory structure
Accessory use
Dwelling:
Modular home A
Ready-to-move home A
Single-unit
Home occupation 1
Solar energy system, individual,
roof or wall mounted
2.3
Prohibited Uses
Accessory building greater than
80.2 m2 (864 ft2)
Manufactured home
2.2
Discretionary Uses
Accessory building less than
80.2 m2 (864 ft2)
Bed and breakfast
Child care facility
Day home
Dwelling:
Modular home B
Moved-in
Ready-to-move home B
Home occupation 2
Moved-in building
Parks and playgrounds
Wind energy conversion system, individual
Tourist home
SECTION 3
MINIMUM LOT SIZE
3.1
Minimum lot sizes are as follows:
Width
Length
Area
Use
m
ft
m
ft
m2
ft2
Dwelling:
Single-unit
Modular home A & B
Ready-to-move home A & B
15.2
50
30.5
100
464.5
5,000
All other uses
As required by the MSDA
SCHEDULE 2 - R |2
Town of Coalhurst Land Use Bylaw No. 462-25
SECTION 4
MINIMUM SETBACKS
4.1
Minimum setbacks are as follows:
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
Use
m
ft
m
ft
m
ft
m
ft
Dwelling:
Single-unit
Modular home A & B
Ready-to-move home
A & B
6.1
20
3.1
10
1.2
4
6.1
20
Accessory building,
exempt shed
6.1
20
3.1
10
0.6
2
0.6
2
Accessory building,
accessory building
6.1
20
3.1
10
1.2
4
0.6
2
Accessory building,
detached garage
6.1
20
3.1
10
1.2
4
0.6
2
All other uses
As required by the MSDA
4.2
The Development Authority may require increased building setbacks if such setbacks would:
(a)
help avoid land use conflict; or
(b)
enhance the appearance of the area; or
(c)
avoid existing registered easements.
4.3
The Development Authority may waive the building setback requirement in a well-established
residential area if, in his or their opinion, the setback is in accordance with the prevailing yard
pattern.
4.4
The following features may, subject to the relevant provisions of Safety Codes, project into the
required setbacks under this bylaw:
(a)
eaves, fireplaces, belt courses, bay windows, cornices, sills or other similar architectural
features attached to the principal dwelling may project over a side setback as permitted
under the relevant provisions of Safety Codes and over a front or rear setback a distance not
to exceed 1.2 m (4 ft);
(b)
unenclosed steps or unenclosed fire escapes, wheelchair ramp, fences or walls to the
property line, driveways, curbs and sidewalks, off-street parking, cooling units not to exceed
0.9 m (3 ft), mailboxes, landscaping, fish ponds, ornaments, flagpoles (less than 4.6 m (15 ft)
in height), temporary swimming pools and signs may project over a side, front or rear setback
at the discretion of the Development Officer or the Municipal Subdivision and Development
Authority.
4.5
Where a laneway or roadway has reduced the size of a lot by cutting off a corner of the lot, the
minimum setback requirements shall apply to the portions of the lot that have not been cut-off by
the laneway or roadway.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - R | 3
SECTION 5
MAXIMUM SITE COVERAGE
5.1
Total lot coverage - 45%
(Inclusive of all dwellings, accessory buildings and structures)
5.2
Accessory buildings - 10%
The combined total of all accessory buildings (shed, garages, accessory buildings) shall cover not
more than 10% of the surface area of a lot. Accessory buildings must be subordinate to the
principal dwelling.
5.3
Other development shall be at the discretion of the Development Authority.
5.4
Hard surfaced parking pads, walkway, and/or paving stones or similar impervious ground cover is
limited to a maximum of 50% of the lot (front, side and rear) not covered by the dwelling and
accessory buildings and structures, unless approved otherwise by a development permit.
SECTION 6
MINIMUM FLOOR AREA
6.1
Minimum main floor area:
(a)
1-unit dwelling - 74.3 m2 (800 ft2)
(b)
All other uses - As required by the Municipal Subdivision and Development Authority
6.2
The total floor area of any accessory building and/or attached garage must be less than the main
floor area of the principal building.
SECTION 7
MAXIMUM BUILDING HEIGHT
7.1
Maximum building height:
(a)
Principal building - 10.1 m (33 ft)
(b)
Accessory buildings - 4.9 m (16 ft)
SECTION 8
ACCESSORY BUILDINGS AND STRUCTURES
8.1
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
8.2
No accessory building, structure or use shall be
allowed:
(a)
on a lot without an approved principal
dwelling or use,
(b)
to be located in the front yard of the
principal structure.
8.3
The first accessory building, which is 9.3 m²
(100 ft2) or less in area, placed on a lot does not
require a development permit, but any second
or subsequent accessory building shall require
a development permit and the Development
Authority may limit the number of accessory buildings on a lot.
Maximum 16 ft. height from
grade to peak of roof
SCHEDULE 2 - R |4
Town of Coalhurst Land Use Bylaw No. 462-25
8.4
Accessory buildings, structures and uses that are not specifically included within a development
permit require a separate development permit application.
8.5
Detached garages shall have a minimum separation of 3.1 m (10 ft) from the foundation of any
dwellings or buildings and a minimum of 0.6 m (2 ft) from the roof overhang of a dwelling or
structure.
8.6
Accessory buildings and structures shall be set back from a side lot line or rear lot line in accordance
with Section 4.1 and all drainage is conducted to the appropriate storm drain via the applicant's
own property.
8.7
As a condition of a permit, if a development approval is required, the Development Authority may
stipulate specific requirements for the type of foundation, fastening or tie-down system, finish,
colour, roof pitch, and materials to be applied to the accessory building or structure.
SECTION 9
DEVELOPMENT NOT REQUIRING A PERMIT - See Schedule 3
SECTION 10
RESIDENTIAL STANDARDS OF DEVELOPMENT - See Schedule 4
SECTION 11
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6
SECTION 12
DEFINITIONS - See Schedule 7
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - SLR | 1
SMALL LOT RESIDENTIAL - SLR
SECTION 1
PURPOSE
1.1
To provide for a high-quality residential environment with an appropriate range of housing types
that comply with standards outlined in the Small Lot Residential land use district.
SECTION 2
USES
2.1
Permitted Uses
Accessory building less than
65.0 m2 (700 ft2)
Accessory structure
Accessory use
Alternative energy, solar
Dwelling:
Modular home A
Ready-to-move home A
Single-unit
Home occupation 1
Solar energy system, individual,
roof or wall mounted
2.3
Prohibited Uses
Accessory building greater than
80.2 m2 (864 ft2)
Bed and breakfast
2.2
Discretionary Uses
Accessory building less than
80.2 m2 (864 ft2)
Day home
Dwelling:
Modular home B
Ready-to-move home B
Home occupation 2
Moved-in building
Moved-in dwelling
Parks and playgrounds
Wind energy conversion system, individual
SECTION 3
MINIMUM LOT SIZE
3.1
Minimum lot sizes are as follows:
Width
Length
Area
Use
m
ft
m
ft
m2
ft2
Dwelling:
Single-unit
Modular home A & B
Ready-to-move home A & B
11.0
36
30.5
100
334.4
3,600
All other uses
As required by the MSDA
SCHEDULE 2 - SLR | 2
Town of Coalhurst Land Use Bylaw No. 462-25
SECTION 4
MINIMUM SETBACKS
4.1
Minimum setbacks are as follows:
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
Use
m
ft
m
ft
m
ft
m
ft
Dwelling:
Single-unit
Modular home A & B
Ready-to-move home
A & B
6.1
20
3.1
10
1.2
4
6.1
20
Accessory building,
exempt shed
6.1
20
3.1
10
0.6
2
0.6
2
Accessory building,
accessory building
6.1
20
3.1
10
1.2
4
0.6
2
Accessory building,
detached garage
6.1
20
3.1
10
1.2
4
0.6
2
All other uses
As required by the MSDA
4.2
The Development Authority may require increased building setbacks if such setbacks would:
(a)
help avoid land use conflict; or
(b)
enhance the appearance of the area; or
(c)
avoid existing registered easements.
4.3
The Development Authority may waive the building setback requirement in a well-established
residential area if, in his or their opinion, the setback is in accordance with the prevailing yard
pattern.
4.4
The following features may, subject to the relevant provisions of Safety Codes, project into the
required setbacks under this bylaw:
(a)
eaves, fireplaces, belt courses, bay windows, cornices, sills or other similar architectural
features attached to the principal dwelling may project over a side setback as permitted
under the relevant provisions of Safety Codes and over a front or rear setback a distance not
to exceed 1.2 m (4 ft);
(b)
unenclosed steps or unenclosed fire escapes, wheelchair ramp, fences or walls to the
property line, driveways, curbs and sidewalks, off-street parking, cooling units not to exceed
0.9 m (3 ft), mailboxes, landscaping, fish ponds, ornaments, flagpoles (less than 4.6 m (15 ft)
in height), temporary swimming pools and signs may project over a side, front or rear setback
a at the discretion of the Development Officer or the Municipal Subdivision and Development
Authority.
4.5
Where a laneway or roadway has reduced the size of a lot by cutting off a corner of the lot the
minimum setback requirements shall apply to the portions of the lot that have not been cut-off by
the laneway or roadway.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - SLR | 3
Corner Cut-off Lot
Minimum Setback Requirements
X = minimum setback requirement
(arrows indicate measurement location)
SECTION 5
MAXIMUM SITE COVERAGE
5.1
Total lot coverage - 50%
(Inclusive of all dwellings, accessory buildings and structures)
5.2
Accessory Buildings - 10%
The combined total of all accessory buildings shall cover not more than 10% of the surface area of
a lot. Accessory buildings must be subordinate to the principal dwelling.
5.3
Other development shall be at the discretion of the Development Authority.
5.4
Hard surfaced parking pads, walkway, and/or paving stones or similar impervious ground cover is
limited to a maximum of 50% of the lot (front, side and rear) not covered by the dwelling and
accessory buildings and structures, unless approved otherwise by a development permit.
SECTION 6
MINIMUM FLOOR AREA
6.1
Minimum main floor area:
(a)
Single-unit dwelling - 74.3 m2 (800 ft2)
(b)
All other uses - As required by the Municipal Subdivision and Development Authority
6.2
The total floor area of any accessory building and/or attached garage must be less than the main
floor area of the principal building.
SECTION 7
MAXIMUM BUILDING HEIGHT
7.1
Maximum building height:
(a)
Principal building - 10.1 m (33 ft)
(b)
Accessory buildings - 4.9 m (16 ft)
SECTION 8
ACCESSORY BUILDINGS AND STRUCTURES
8.1
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
SIDE YARD SETBACK
BUILDING
ENVELOPE
FRONT YARD
SETBACK
SIDE YARD SETBACK
REAR YARD
SETBACK
LANE
LANE
STREET
SIDE YARD SETBACK
ENVELOPE
BUILDING
REAR YARD
SIDE YARD SETBACK
SETBACK
FRONT YARD
STREET
STREET
LANE
SETBACK
X
X
X/2
X/2
SCHEDULE 2 - SLR | 4
Town of Coalhurst Land Use Bylaw No. 462-25
8.2
No accessory building, structure or use shall be
allowed:
(a)
on a lot without an approved principal
dwelling or use,
(b)
to be located in the front yard of the
principal structure.
8.3
The first accessory building, which is 9.3 m² (100
ft2) or less in area, placed on a lot does not require
a development permit, but any second or
subsequent accessory building shall require a
development permit and the Development
Authority may limit the number of accessory
buildings on a lot.
8.4
Accessory buildings, structures and uses that are not specifically included within a development
permit require a separate development permit application.
8.5
Detached garages shall have a minimum separation of 3.1 m (10 ft) from the foundation of any
dwellings or buildings and a minimum of 0.6 m (2 ft) from the roof overhang of a dwelling or
structure.
8.6
Accessory buildings and structures shall be set back from a side lot line or rear lot line in accordance
with Section 4.1 and all drainage is conducted to the appropriate storm drain via the applicant's
own property.
8.7
As a condition of a permit, if a development approval is required, the Development Authority may
stipulate specific requirements for the type of foundation, fastening or tie-down system, finish,
colour, roof pitch, and materials to be applied to the accessory building or structure.
SECTION 9
DEVELOPMENT NOT REQUIRING A PERMIT - See Schedule 3
SECTION 10
RESIDENTIAL STANDARDS OF DEVELOPMENT - See Schedule 4
SECTION 11
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6
SECTION 12
DEFINITIONS - See Schedule 7
Maximum 16 ft height from
grade to peak of roof
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - LLR | 1
LARGE LOT RESIDENTIAL - LLR
SECTION 1
PURPOSE
1.1
To ensure a high-quality of development occurs on large residential lots by requiring high standards
of development and restricting the types of uses that may occur.
SECTION 2
USES
2.1
Permitted Uses
Accessory building less than
65.0 m2 (700 ft2)
Accessory structure
Accessory use
Alternative energy, solar
Dwelling:
Single-unit dwelling
Home occupation 1
Solar energy system, individual,
roof or wall mounted
2.3
Prohibited Uses
Accessory building greater than
111.5 m2 (1,200 ft2)
Commercial including any trucking
operation
Industrial use
Keeping of farm animals
Kennel
Quonset
2.2
Discretionary Uses
Accessory building 111.5 m2 (1200 ft2) or less
Bed and breakfast
Day home
Home occupation 2
Market garden
Modular home A and B
Moved-in building
Parks and playgrounds
Ready-to-move home A and B
Wind energy conversion system, individual
SECTION 3
MINIMUM LOT SIZE
3.1
Minimum lot sizes are as follows:
Width
Length
Area
Use
m
ft
m
ft
ha
acre
All uses
44.2
145
54.9
180
0.4
1.0
SCHEDULE 2 - LLR | 2
Town of Coalhurst Land Use Bylaw No. 462-25
SECTION 4
MINIMUM SETBACKS
4.1
Minimum setbacks are as follows:
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
Use
m
ft
m
ft
m
ft
m
ft
Single-unit dwelling
22.9
75
6.1
20
6.1
20
12.2
40
Accessory building,
exempt shed
6.1
20
3.1
10
0.6
2
0.6
2
Accessory building,
accessory building
6.1
20
3.1
10
1.2
4
0.6
2
Accessory building,
detached garage
6.1
20
3.1
10
1.2
4
0.6
2
All other uses
As required by the MSDA
4.2
The Development Authority may require increased building setbacks if such setbacks would:
(a)
help avoid land use conflict;
(b)
enhance the appearance of the area;
(c)
avoid existing easements.
4.3
The Development Authority may waive the building setback requirement in a well-established
residential area if, in his or their opinion, the setback is in accordance with the prevailing yard
pattern.
4.4
The following features may, subject to the relevant provisions of Safety Codes, project into the
required setbacks under this bylaw:
(a)
eaves, fireplaces, belt courses, bay windows, cornices, sills or other similar architectural
features attached to the principal dwelling may project over a side setback as permitted
under the relevant provisions of Safety Codes and over a front or rear setback a distance not
to exceed 1.2 m (4 ft);
(b)
unenclosed steps or unenclosed fire escapes, wheelchair ramp, fences or walls to the
property line, driveways, curbs and sidewalks, off-street parking, cooling units not to exceed
0.9 m (3 ft), mailboxes, landscaping, fish ponds, ornaments, flagpoles (less than 4.6 m (15 ft)
in height), temporary swimming pools and signs may project over a side, front or rear setback
a at the discretion of the Development Officer or the Municipal Subdivision and Development
Authority.
4.5
Where a laneway or roadway has reduced the size of a lot by cutting off a corner of the lot the
minimum setback requirements shall apply to the portions of the lot that have not been cut-off by
the laneway or roadway.
SECTION 5
MAXIMUM SITE COVERAGE
5.1
Principal buildings - as required by the Development Authority.
5.2
Accessory buildings - as required by the Development Authority and must be less than the site
coverage of the principal building.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - LLR | 3
5.3
Accessory buildings must be subordinate to the principal dwelling.
5.4
Hard surfaced parking pads, walkway, and/or paving stones or similar impervious ground cover is
limited to a maximum of 50% of the lot (front, side and rear) not covered by the dwelling and
accessory buildings and structures, unless approved otherwise by a development permit.
SECTION 6
MINIMUM FLOOR AREA
6.1
Single-unit dwelling - 111.5 m2 (1,200 ft2)
6.2
The total floor area of any accessory building and/or attached garage must be less than the main
floor area of the principal building.
SECTION 7
MAXIMUM BUILDING HEIGHT
7.1
Maximum building height:
(a)
Principal building - 10.1 m (33 ft)
(b)
Accessory buildings:
(i)
less than 65.0 m2 (700 ft2) - 4.9 m (16 ft)
(ii)
greater than 65.0 m2 (700 ft2) and less than 111.5 m2 (1200 ft2) - 7.3 m (24 ft)
SECTION 8
ACCESSORY BUILDINGS AND STRUCTURES
8.1
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
8.2
No accessory building, structure or use shall be
allowed:
(a)
on a lot without an approved principal
dwelling or use,
(b)
to be located in the front yard of the
principal structure.
8.3
The first accessory building, which is 9.3 m²
(100 ft2) or less in area, placed on a lot does not
require a development permit, but any second
or subsequent accessory building shall require
a development permit and the Development
Authority may limit the number of accessory
buildings on a lot.
8.4
Accessory buildings, structures and uses that are not specifically included within a development
permit require a separate development permit application.
8.5
Detached garages shall have a minimum separation of 3.1 m (10 ft) from the foundation of any
dwellings or buildings and a minimum of 0.6 m (2 ft) from the roof overhang of dwelling or
structure.
Maximum height measured
from grade to peak of roof
SCHEDULE 2 - LLR | 4
Town of Coalhurst Land Use Bylaw No. 462-25
8.6
Accessory buildings and structures shall be set back from a side lot line or rear lot line in accordance
with Section 4.1 and all drainage is conducted to the appropriate storm drain via the applicant's
own property.
8.7
As a condition of a permit, if a development approval is required, the Development Authority may
stipulate specific requirements for the type of foundation, fastening or tie-down system, finish,
colour, roof pitch, and materials to be applied to the accessory building or structure.
SECTION 9
DEVELOPMENT NOT REQUIRING A PERMIT - See Schedule 3
SECTION 10
RESIDENTIAL STANDARDS OF DEVELOPMENT - See Schedule 4
SECTION 11
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6
SECTION 12
DEFINITIONS - See Schedule 7
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - TUR | 1
TWO-UNIT RESIDENTIAL - TUR
SECTION 1
PURPOSE
1.1
To provide for a high-quality residential environment where the development of two-unit dwellings,
which includes duplexes and secondary suites, that provides for a high quality of development and
an attractive density within new or existing neighbourhood.
SECTION 2
USES
2.1
Permitted Uses
Accessory building less than
65.0 m2 (700 ft2)
Accessory structure
Accessory use
Alternative energy, solar
Dwelling:
Two-unit
Home occupation 1
Secondary suite in conjunction with
new single-unit construction
Secondary suite in conjunction with
existing single-dwelling unit
Solar energy system, individual,
roof or wall mounted
2.2
Discretionary Uses
Accessory building less than
80.2 m2 (864 ft2)
Day home
Home occupation 2
Modular home A
Parks and playgrounds
Wind energy conversion system, individual
2.3
Prohibited Uses
Bed and breakfast
Home occupation 3
SECTION 3
MINIMUM LOT SIZE
3.1
Minimum lot sizes are as follows:
Width
Length
Area
Use
m
ft
m
ft
m2
ft2
Two-unit dwelling (side by side)
on single lot
17.1
56
30.5
100
521.5
5,600
Two-unit dwelling (side by side)
on individual lots
8.5
28
30.5
100
259.3
2,800
Secondary suite in conjunction
with new single-unit
construction
12.1
40
30.5
100
369.1
4,000
Secondary suite in conjunction
with existing single-unit
dwelling
11.0
36
30.5
100
334.4
3,600
All other uses
As required by the MSDA
SCHEDULE 2 - TUR | 2
Town of Coalhurst Land Use Bylaw No. 462-25
SECTION 4
MINIMUM SETBACKS
4.1
Minimum setbacks are as follows:
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
Use
m
ft
m
ft
m
ft
m
ft
Dwelling:
Two-unit
Secondary suite
6.1
20
3.1
10
1.2
4
6.1
20
Accessory building,
exempt shed
6.1
20
3.1
10
0.6
2
0.6
2
Accessory building,
accessory building
6.1
20
3.1
10
1.2
4
0.6
2
Accessory building,
detached garage
6.1
20
3.1
10
1.2
4
0.6
2
All other uses
As required by the MSDA
4.2
The side setback requirement does not preclude the building of a two-unit dwelling where each
dwelling unit is separated by a party wall and/or is a separate title.
4.3
The Development Authority may require increased building setbacks if such setbacks would:
(a)
help avoid land use conflict;
(b)
enhance the appearance of the area;
(c)
avoid an existing easement.
4.4
The Development Authority may waive the building setback requirement in a well-established
residential area if, in their opinion, the setback is in accordance with the prevailing yard pattern.
4.5
The following features may, subject to the relevant provisions of Safety Codes, project into the
required setbacks under this bylaw:
(a)
eaves, fireplaces, belt courses, bay windows, cornices, sills or other similar architectural
features attached to the principal dwelling may project over a side setback as permitted
under the relevant provisions of Safety Codes and over a front or rear setback a distance not
to exceed 1.2 m (4 ft);
(b)
unenclosed steps or unenclosed fire escapes, wheelchair ramp, fences or walls to the
property line, driveways, curbs and sidewalks, off-street parking, cooling units not to exceed
0.9 m (3 ft), mailboxes, landscaping, fish ponds, ornaments, flagpoles (less than 4.6 m (15 ft)
in height), temporary swimming pools and signs may project over a side, front or rear setback
a at the discretion of the Development Officer or the Municipal Subdivision and Development
Authority.
4.6
Where a laneway or roadway has reduced the size of a lot by cutting off a corner of the lot the
minimum setback requirements shall apply to the portions of the lot that have not been cut-off by
the laneway or roadway.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - TUR | 3
Corner Cut-off Lot
Minimum Setback Requirements
X = minimum setback requirement
(arrows indicate measurement location)
SECTION 5
MAXIMUM SITE COVERAGE
5.1
Total lot coverage - 45%
(Inclusive of all dwellings, accessory buildings and structures)
5.2
Accessory buildings - 10%
The combined total of all accessory buildings shall cover not more than 10% of the surface area of
a lot. Accessory buildings must be subordinate to the principal dwelling.
5.3
Other development shall be at the discretion of the Development Authority.
SECTION 6
MINIMUM FLOOR AREA
6.1
Minimum floor area of existing dwellings or new construction:
(a)
Single-unit dwelling - 74.3 m2 (800 ft2) main floor
(b)
Two-unit dwelling (side by side) - 65.0 m2 (700 ft2) main floor of each unit
(c)
Secondary suite - 30.1 m2 (325 ft2) and must be subordinate to the main floor suite
(d)
All other uses - As required by the Municipal Subdivision and Development Authority
6.2
The total floor area of any accessory building and/or attached garage must be less than the main
floor area of the principal building.
SECTION 7
MAXIMUM BUILDING HEIGHT
7.1
Maximum building height:
(a)
Principal building - 10.1 m (33 ft)
(b)
Accessory buildings - 4.9 m (16 ft)
SECTION 8
ACCESSORY BUILDINGS AND STRUCTURES
8.1
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
SIDE YARD SETBACK
BUILDING
ENVELOPE
FRONT YARD
SETBACK
SIDE YARD SETBACK
REAR YARD
SETBACK
LANE
LANE
STREET
SIDE YARD SETBACK
ENVELOPE
BUILDING
REAR YARD
SIDE YARD SETBACK
SETBACK
FRONT YARD
STREET
STREET
LANE
SETBACK
X
X
X/2
X/2
SCHEDULE 2 - TUR | 4
Town of Coalhurst Land Use Bylaw No. 462-25
8.2
No accessory building, structure or use shall
be allowed:
(a)
on a lot without an approved principal
dwelling or use,
(b)
to be located in the front yard of the
principal structure.
8.3
The first accessory building, which is 9.3 m²
(100 ft2) or less in area, placed on a lot does
not require a development permit, but any
second or subsequent accessory building
shall require a development permit and the
Development Authority may limit the
number of accessory buildings on a lot.
8.4
Accessory buildings, structures and uses that are not specifically included within a development
permit require a separate development permit application.
8.5
Detached garages shall have a minimum separation of 3.1 m (10 ft) from the foundation of any
dwellings or buildings and a minimum of 0.6 m (2 ft) from the roof overhang of a dwelling or
structure.
8.6
Accessory buildings and structures shall be set back from a side lot line or rear lot line in accordance
with Section 4.1 and all drainage is conducted to the appropriate storm drain via the applicant's
own property.
8.7
As a condition of a permit, if a development approval is required, the Development Authority may
stipulate specific requirements for the type of foundation, fastening or tie-down system, finish,
colour, roof pitch, and materials to be applied to the accessory building or structure.
SECTION 9
SECONDARY SUITES
General Requirements
9.1
A secondary suite includes, but is not limited to, a self-contained dwelling unit containing cooking
facilities, food preparation area, sleeping and sanitary facilities, which is physically separate from
those of the principal dwelling within the structure and that has an entrance separate from the
entrance to the principal dwelling, either from a common indoor landing or directly from the side
or rear of the structure.
9.2
A basement secondary suite is located below grade, in the basement of a single detached dwelling.
A basement suite shall have an entrance separate from the entrance of the principal dwelling,
either from a common indoor landing, or from the exterior of the principal dwelling and should
the entrance be directly from the exterior of the dwelling.
9.3
Only one secondary suite may be developed per lot and shall be restricted to a lot occupied by a
single-unit dwelling, not including a manufactured home as defined by this bylaw and shall not be
permitted in a two or multi-unit dwelling.
9.4
A secondary suite shall be developed in such a manner that the exterior of the principal dwelling
containing the secondary suite shall appear as a single dwelling.
Maximum 16 ft height from
grade to peak of roof
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - TUR | 5
9.5
The minimum floor area for a secondary suite shall be not less than 30.1 m2 (325 ft2) and the
maximum floor area must be less than the floor area of the associated principal dwelling unit.
9.6
Should all residential dwelling units on a lot be rented, including but not limited to the main floor
and, if applicable, second storey of a principal dwelling where there is a basement suite, the owner
shall be required to obtain a business license.
9.7
Variances or waivers of setbacks or any other measureable standard in conjunction with
applications for secondary suites shall be decided upon by the Municipal Subdivision and
Development Authority.
9.8
A secondary suite shall provide one off-street parking space per bedroom and no variances or
waivers to this requirement shall be granted.
9.9
A secondary suite shall not be separated from the principal dwelling or any part of the lot on which
the principal dwelling is located through a condominium conversion or subdivision.
New Construction
9.10
Development of a new dwelling unit with a secondary suite included at the time of construction
shall adhere to the applicable Alberta Building Code and Alberta Fire Code as a condition of
approval.
9.11
Application for a new dwelling unit with a secondary suite included at the time of construction
shall clearly indicate on the site plan and associated drawings the kitchen, bedrooms, washrooms,
and mechanical rooms as well as, but not limited to, entrance locations, parking plan, landscaping
plan and exterior finishes of the dwelling.
9.12
The secondary suite shall have full utility services through service connections (water and sewer)
from the principal dwelling unit and will not be eligible for additional service connections to the
Town's infrastructure.
9.13
Suites are required to have independent or separate heating/ventilation systems for the primary
suite and the secondary suite, as per the Alberta Building Code. Independent heating/ventilation
can mean two furnaces, or a combination of furnace and supplemental heating, such as space
heaters.
Adding Suite to Existing Dwelling
9.14
Development of a new secondary suite in an existing dwelling shall adhere to the applicable
Alberta Building Code and Alberta Fire Code as a condition of approval.
9.15
Application for a secondary suite shall clearly indicate on the site plan and associated drawings the
kitchen, bedrooms, washrooms, and mechanical rooms as well as, but not limited to, entrance
locations, parking plan, landscaping plan and exterior finishes of the dwelling.
Existing Secondary Suites
9.16
Existing secondary suites include any suites that existed prior to the passing of this bylaw and will
require a development permit. In addition to the general requirements for secondary suites, if it
can be proven that the suite was developed prior to December 31, 2006, the suite shall meet all
applicable requirements of the Alberta Building Code and Fire Code as a condition of approval.
SCHEDULE 2 - TUR | 6
Town of Coalhurst Land Use Bylaw No. 462-25
9.17
An existing secondary suite shall meet all other requirements of this section and any other
applicable section of this bylaw.
9.18
Should an existing secondary suite be unable to reasonably meet the requirements of this bylaw,
to the discretion of the Municipal Subdivision and Development Authority, the use of the suite for
rental purposes shall not be permitted and shall be decommissioned as outlined in Sections 9.20
through 9.24.
Decommissioning of Secondary Suites
9.19
Secondary suites are unauthorized unless a valid development permit has been issued by the Town
and all of the necessary Alberta Safety Code requirements have been met. Unauthorized suites
must be legalized or decommissioned for the safety of the building occupants.
9.20
Decommissioning of a secondary suite include the landowner completing the following and
submitted written proof by way of building inspection reports that the development has been
removed:
(a)
permanently removing cooking facilities; and
(b) creating permanent opening(s) between the suite and the main dwelling.
9.21
Removal of Electric Cooking facilities include:
(a)
permanent removal of the stove fan, stove hood, and cooking facilities including but not
limited to stoves, microwaves, convection ovens, toaster ovens, cook tops, hot plates,
camping stoves, barbeques, crock pots, electric fry pans, woks, grills and griddles;
(b)
the stove plug and the breaker associated with the stove plug must be removed;
(c)
the stove fan and hood must be removed and the wire supplying power to it must be
terminated in a safe manner.
9.22
Removal of Gas Cooking facilities include:
(a)
permanent removal of the stove fan, stove hood, and cooking facilities including but not
limited to stoves, microwaves, convection ovens, toaster ovens, cook tops, hot plates,
camping stoves, barbeques, crock pots, electric fry pans, woks, grills and griddles;
(b)
the gas line to the stove must be removed back to the main gas line or the first junction and
capped in accordance with Alberta Safety Codes;
(c)
the stove fan and hood must be removed and the wire supplying power to it must be
terminated in a safe manner.
9.23
Creating a permanent opening between the suite and main dwelling include:
(a)
permanently remove door(s), hinges and door frame(s) between the suite and main dwelling;
(b)
ensure the new opening(s) has a minimum finished width that meets the Alberta Safety Code
and the opening is finished using drywall, wood trim or other suitable material.
SECTION 10
DEVELOPMENT NOT REQUIRING A PERMIT - See Schedule 3
SECTION 11
RESIDENTIAL STANDARDS OF DEVELOPMENT - See Schedule 4
SECTION 12
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6
SECTION 13
DEFINITIONS - See Schedule 7
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - MUR | 1
MULTI-UNIT RESIDENTIAL - MUR
SECTION 1
PURPOSE
1.1
To provide opportunities for multi-unit development in those areas of the Town considered suitable
for such development.
SECTION 2
USES
2.1
Permitted Uses
Accessory building less than
65.0 m2 (700 ft2)
Accessory structure
Accessory use
Alternative energy, solar
Dwelling:
Three-unit
Four-unit
Home occupation 1
Solar energy system, individual,
roof or wall mounted
2.2
Discretionary Uses
Accessory building less than
80.20 m2 (864 ft2)
Dwelling:
Apartment building
Row dwelling (more than four units)
Moved-in building
Dwelling group
Parks and playgrounds
Senior citizen housing
Wind energy conversion system, individual
2.3
Prohibited Uses
Bed and breakfast
Home occupation 2 and 3
SECTION 3
MINIMUM LOT SIZE
3.1
Minimum lot sizes are as follows:
Width
Length
Area
Use
m
ft
m
ft
m2
ft2
Three-unit dwelling
20.7
68
30.5
100
631.4
6,800
Four-unit dwelling
20.7
68
30.5
100
631.4
6,800
Row dwelling:
Interior unit
End unit
6.1
10.7
24
35
30.5
30.5
100
100
185.8
325.2
2,400
3,500
All other uses
As required by the MSDA
SCHEDULE 2 - MUR |2
Town of Coalhurst Land Use Bylaw No. 462-25
SECTION 4
MINIMUM SETBACKS
4.1
Minimum setbacks are as follows:
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
Use
m
ft
m
ft
m
ft
m
ft
Dwelling:
Three-unit
Four-unit
6.1
20
3.1
10
1.2
4
6.1
20
Row dwelling:
- interior unit
- end unit
6.1
6.1
20
20
--
3.1
--
10
--
1.2
--
4
6.1
6.1
20
20
Accessory building,
exempt shed
6.1
20
3.1
10
0.6
2
0.6
2
Accessory building,
accessory building
6.1
20
3.1
10
1.2
4
0.6
2
Accessory building,
detached garage
6.1
20
3.1
10
1.2
4
0.6
2
All other uses
As required by the MSDA
4.2
The Development Authority may require increased building setbacks if such setbacks would:
(a)
help avoid land use conflict;
(b)
enhance the appearance of the area;
(c)
avoid existing easement.
4.3
The Development Authority may waive the building setback requirement in a well-established
residential area if, in his or their opinion, the setback is in accordance with the prevailing yard
pattern.
4.4
The following features may, subject to the relevant provisions of Safety Codes, project into the
required setbacks under this bylaw:
(a)
eaves, fireplaces, belt courses, bay windows, cornices, sills or other similar architectural
features attached to the principal dwelling may project over a side setback as permitted
under the relevant provisions of Safety Codes and over a front or rear setback a distance not
to exceed 1.2 m (4 ft);
(b)
unenclosed steps or unenclosed fire escapes, wheelchair ramp, fences or walls to the
property line, driveways, curbs and sidewalks, off-street parking, cooling units not to exceed
0.9 m (3 ft), mailboxes, landscaping, fish ponds, ornaments, flagpoles (less than 4.6 m (15 ft)
in height), temporary swimming pools and signs may project over a side, front or rear setback
a at the discretion of the Development Officer or the Municipal Subdivision and Development
Authority.
4.5
Where a laneway or roadway has reduced the size of a lot by cutting off a corner of the lot the
minimum setback requirements shall apply to the portions of the lot that have not been cut-off by
the laneway or roadway.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - MUR | 3
Corner Cut-off Lot
Minimum Setback Requirements
X = minimum setback requirement
(arrows indicate measurement location)
SECTION 5
MAXIMUM SITE COVERAGE
5.1
Total lot coverage - 45%
(Inclusive of all dwellings, accessory buildings and structures)
5.2
Accessory buildings - 10%
The combined total of all accessory buildings shall cover not more than 10% of the surface area of
a lot. Accessory buildings must be subordinate to the principal dwelling.
5.3
Other development shall be at the discretion of the Development Authority.
SECTION 6
MINIMUM FLOOR AREA
6.1
Minimum floor area:
(a)
Unit dwelling - 55.7 m2 (600 ft2) main floor of each unit
(b)
All other uses - as required by the Municipal Subdivision and Development Authority
6.2
The total floor area of any accessory building and/or attached garage must be less than the main
floor area of the principal building.
SECTION 7
MAXIMUM BUILDING HEIGHT
7.1
Maximum building height:
(a)
Principal building
(i)
three-unit, four - unit, and row dwelling - 10.1 m (33 ft)
(ii)
Apartment buildings - As required by the Municipal Subdivision and Development
Authority
(b)
Accessory buildings - 4.9 m (16 ft)
SECTION 8
ACCESSORY BUILDINGS AND STRUCTURES
8.1
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
SIDE YARD SETBACK
BUILDING
ENVELOPE
FRONT YARD
SETBACK
SIDE YARD SETBACK
REAR YARD
SETBACK
LANE
LANE
STREET
SIDE YARD SETBACK
ENVELOPE
BUILDING
REAR YARD
SIDE YARD SETBACK
SETBACK
FRONT YARD
STREET
STREET
LANE
SETBACK
X
X
X/2
X/2
SCHEDULE 2 - MUR |4
Town of Coalhurst Land Use Bylaw No. 462-25
8.2
No accessory building, structure or use shall be
allowed:
(a)
on a lot without an approved principal
dwelling or use,
(b)
to be located in the front yard of the
principal structure.
8.3
The first accessory building, which is 11.1 m²
(120 ft2) or less in area, placed on a lot does not
require a development permit, but any second
or subsequent accessory building shall require a
development permit and the Development
Authority may limit the number of accessory
buildings on a lot.
8.4
Accessory buildings, structures and uses that are not specifically included within a development
permit require a separate development permit application.
8.5
Detached garages shall have a minimum separation of 3.1 m (10 ft) from the foundation of any
dwellings or buildings and a minimum of 0.6 m (2 ft) from the roof overhang of the dwelling or
structure.
8.6
Accessory buildings and structures shall be set back from a side lot line or rear lot line in accordance
with Section 4.1 and all drainage is conducted to the appropriate storm drain via the applicant's
own property.
8.7
As a condition of a permit, if a development approval is required, the Development Authority may
stipulate specific requirements for the type of foundation, fastening or tie-down system, finish,
colour, roof pitch, and materials to be applied to the accessory building or structure.
SECTION 9
DEVELOPMENT NOT REQUIRING A PERMIT - See Schedule 3
SECTION 10
RESIDENTIAL STANDARDS OF DEVELOPMENT - See Schedule 4
SECTION 11
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6
SECTION 12
DEFINITIONS - See Schedule 7
Maximum 16 ft height from
grade to peak of roof
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - MHP | 1
MANUFACTURED HOME PARK - MHP
SECTION 1
PURPOSE
1.1
To provide for areas suitable for the location of manufactured housing communities and provide
for a high quality development.
SECTION 2
USES
2.1
Permitted Uses
Accessory building less than
13.9 m2 (150 ft2)
Accessory structure
Accessory use
Addition to dwelling unit
Home occupation 1
Manufactured home
Solar energy system, individual,
roof or wall mounted
2.2
Discretionary Uses
Accessory building less than
18.6 m2 (200 ft2)
Manufacturing housing community
Moved-in building
Parks and playgrounds
Wind energy conversion system, individual
2.3
Prohibited Uses
Home occupation 2 and 3
SECTION 3
ELIGIBLE MANUFACTURED HOMES
3.1
New factory-built manufactured homes.
3.2
Used factory-built units in a good state of repair (to the satisfaction of the Municipal Subdivision
and Development Authority). Any application for a development permit to locate a used
manufactured home:
(a)
shall include recent colour photographs of all elevations including additions; and
(b)
may require an inspection to determine the unit's suitability.
3.3
Manufactured homes shall be Canadian Standards Association (CSA) certified.
SECTION 4
MINIMUM SETBACKS
4.1
A minimum separation of 2.4 m (8 ft) shall be maintained between manufactured homes.
SECTION 5
MINIMUM FLOOR AREA
5.1
Minimum floor area:
(a)
Single-wide manufactured homes - 55.7 m2 (600 ft2)
(b)
Double-wide manufactured homes - 72.0 m2 (775 ft2)
(c)
All other uses - As required by the Municipal Subdivision and Development Authority
SECTION 6
MAXIMUM BUILDING HEIGHT
SCHEDULE 2 - MHP |2
Town of Coalhurst Land Use Bylaw No. 462-25
6.1
Maximum building height:
(a)
Principal building - 10.1 m (33 ft)
(b)
Accessory buildings - 4.9 m (16 ft)
SECTION 7
FOUNDATIONS MANUFACTURED HOME ADDITIONS
7.1
All manufactured home additions shall require a development permit and shall be of a design and
finish which will enhance and be compatible with the manufactured home.
7.2
All manufactured homes shall be placed on foundations constructed in accordance with CSA
standards and shall be skirted to meet the satisfaction of the Development Officer.
7.3
All manufactured homes shall be skirted with compatible materials and satisfactorily enclosed to
the satisfaction of the Development Officer.
7.4
All double-wide units shall be placed on concrete block foundations capable of supporting the
maximum anticipated load in conformity with the provincial building requirements and Canada
Mortgage and Housing regulations.
7.5
Any portion of a concrete block foundation above grade shall be parged unless otherwise finished
with an approved material.
7.6
The maximum height of the exposed portion of a concrete block foundation shall be not more than
0.6 m (2 ft) above the average finished grade level of the surrounding ground.
SECTION 8
ACCESSORY BUILDINGS AND STRUCTURES
8.1
Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not an
accessory building.
8.2
No accessory building, structure or use shall be allowed to be located in the front yard.
8.3
One accessory building, which is not to exceed 9.3 m² (100 ft2) in size, may be placed on an
individual home site does require a development permit.
8.4
Accessory buildings, structures and uses that are not specifically included within a development
permit require a separate development permit application.
SECTION 9
GENERAL APPEARANCE
In order to maintain the residential character of the development:
9.1
The underside of manufactured homes, which are not provided with a basement, shall be within
0.9 m (3 ft) of the finished grade.
9.2
The front yard area of each lot shall be suitably developed and landscaped.
9.3
The foundation and skirting shall be in place within 30 days of placement and ensure both the
wheels and the hitch are covered.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - MHP | 3
SECTION 10
GENERAL DEVELOPMENT STANDARDS
10.1
General and Overall Appearance
The manufactured home park should incorporate detailed aesthetic consideration such as:
(a)
substantial landscaping design of the entire park in general and of individual sites in
particular;
(b)
treatment of communal areas, both indoor and outdoor;
(c)
imaginative handling of lamp standards, refuse receptacles, street signs and things of this
nature.
10.2
Integration with Adjoining Residential Uses
The park design and subsequent placement of manufactured homes on lots should integrate well
with adjoining residential development so as not to be obtrusive.
10.3
Density
The design of the park should be such that the net site density of the park does not exceed 20 units
per ha (8 units per acre).
10.4
Open Space Requirements
A minimum of 10% of the manufactured home park area should be developed for park and
playground use for the enjoyment of the inhabitants.
10.5
Fences
Where a permit is required for fencing, the Development Authority may regulate the material
types and colours used for the fence. Regardless of fence height, barbed wire fencing is prohibited.
SECTION 11
DESIGN CRITERIA FOR MANUFACTURED HOME PARKS
11.1
Street Layout and Streetscape
(a)
Grouping or clustering of manufactured homes should provide a mixture of types and
aesthetic variety along the streets and spatial relationships between the manufactured
homes.
(b)
Street furniture such as light standards, signs, telephone booths, refuse receptacles, etc.,
should, where possible, be of a high quality in design and harmoniously incorporated into the
total streetscape.
11.2
Open Space, Recreational Area and Buffer Strip Standards
(a)
Landscaping Standards
A substantial number of mature trees and good variety of shrubbery should be utilized in the
landscaping of the park to provide both a park-like atmosphere and proper screening.
(b)
Recreation Area and Development
The 10% of the manufactured home park which is dedicated to open space shall include
playground equipment to accommodate children's play. This 10% area should also provide
benches and a walkway for passive recreation.
SCHEDULE 2 - MHP |4
Town of Coalhurst Land Use Bylaw No. 462-25
11.3
Servicing Requirements
(a)
A qualified engineer should be engaged at the expense of the developer to consult with the
Town and utility companies to arrive at a design for all interior servicing, including roads,
drainage, sewer, water, natural gas, telephone, electrical and fire protection.
(b)
All on-site servicing should be built to the standards and requirements of the Town of
Coalhurst, TransAlta Utilities, ATCO Gas and Telus.
(c)
Utility easements as may be required shall be provided within the site and reasonable access
to these easements shall be granted to the Town and utility companies for the installation
and maintenance of services.
11.4
Storage Compound
The developer of the manufactured home park should provide and maintain in good repair within
the park, an area to accommodate the storage of recreational vehicles such as motor boats, travel
trailers, etc.
SECTION 12
DEVELOPMENT NOT REQUIRING A PERMIT - See Schedule 3
SECTION 13
RESIDENTIAL STANDARDS OF DEVELOPMENT - See Schedule 4
SECTION 14
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6
SECTION 15
DEFINITIONS - See Schedule 7
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 -TCC | 1
TOWN CENTRE COMMERCIAL - TCC
SECTION 1
PURPOSE
1.1
To provide for the development of a range of retail commercial and personal service uses which
primarily cater to the daily needs of the residents in an attractive pedestrian environment and
foster a meeting place for residents.
SECTION 2
USES
2.1
Permitted Uses
Accessory building
Accessory structure
Accessory use
Business support service
Convenience store
Financial institution
Government service
Medical/health facility
Office
Personal services
Restaurant
Retail store
Sign:
Canopy
Fascia
Temporary
Window
Solar energy system, individual,
roof mounted
2.3
Prohibited Uses
Auto wreckage and salvage yard
Industrial use
Noxious or hazardous use
2.2
Discretionary Uses
Amusement facility
Animal care service, small
Cannabis retail store
Child care facility
Club or fraternal organization
Commercial building group
Drive-in /drive-through restaurant
Entertainment establishment
Fitness Facility
Funeral home
Hotel/motel
Institutional
Liquor store
Mixed use building
Moved-in building
Museum
Parks and playgrounds
Public or private recreation
Religious assembly
Service station
Shipping container
Sign:
Freestanding
Mural
Projecting
Solar energy system, individual,
wall mounted
Wind energy conversion system, individual
SECTION 3
MINIMUM LOT SIZE
3.1
Minimum lot sizes are as follows:
Width
Length
Area
Use
m
ft
m
ft
m2
ft2
All uses
7.6
25
30.5
100
232.3
2,500
SCHEDULE 2 - TCC | 2
Town of Coalhurst Land Use Bylaw No. 462-25
SECTION 4
MINIMUM SETBACKS
4.1
Minimum setbacks are as follows:
Front Yard
Side Yard
Rear Yard
Use
m
ft
m
ft
m
ft
All uses
1.5
5
0
0
6.1
20
4.2
The Development Authority may require increased building setbacks if, in their opinion, such
setbacks would:
(a)
help avoid land use conflict;
(b)
enhance the appearance of the area;
(c)
avoid an existing easement.
SECTION 5
MAXIMUM SITE COVERAGE
5.1
Principal buildings and accessory building - 80%
SECTION 6
MAXIMUM BUILDING HEIGHT
6.1
Maximum building height:
(a)
Principal building - 11.0 m (36 ft)
(b)
Accessory buildings - 4.9 m (16 ft)
SECTION 7
ACCESSORY STRUCTURES AND USES
7.1
No accessory structure or use shall be allowed on a lot without an approved principal structure or
use.
7.2
Accessory structures and uses that are not specifically included within a development permit
require a separate development permit application.
SECTION 8
PROJECTIONS OVER PUBLIC LAND
8.1
No projections are to be over public lands.
8.2
Signs, awnings or other projections shall be designed so that drainage or snow melt will be
contained on the property.
SECTION 9
PERMITTED PROJECTIONS INTO SETBACKS
9.1
In no circumstances shall any part of any structure encroach or cause runoff on an adjoining
property.
9.2
The following features may, subject to the relevant provisions of Safety Codes, project into the
required setbacks under this bylaw:
(a)
unenclosed steps or unenclosed fire escapes;
(b)
a wheelchair ramp at the discretion of the Development Authority;
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 -TCC | 3
(c)
driveways, curbs and sidewalks;
(d)
off-street parking in accordance with the applicable land use district and Section 11;
(e)
mailboxes;
(f)
signs, in accordance with Schedule 6.
9.3
The portions of an attachment to a principal structure which may, subject to the relevant
provisions of Safety Codes, project over a setback are as follows: eaves, belt courses, bay windows,
cornices, sills or other similar architectural features may project over a side setback as permitted
under the relevant provisions of Safety Codes and over a front or rear setback a distance not to
exceed 1.2 m (4 ft).
9.4
In all cases, projections into any required setback must comply with the requirements of Safety
Codes.
SECTION 10
DEVELOPMENT NOT REQUIRING A PERMIT - See Schedule 3
SECTION 11
COMMERICAL / INDUSTRIAL STANDARDS OF DEVELOPMENT - See Schedule 5
SECTION 12
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6
SECTION 13
DEFINITIONS - See Schedule 7
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - BP | 1
BUSINESS PARK - BP
SECTION 1
PURPOSE
1.1
To allow for the development of light manufacturing, assembly operations, warehousing, business
services and contractor services, sales for goods produced on-site and other commercial uses which
are compatible with each other and with uses in adjacent districts.
SECTION 2
USES
2.1
Permitted Uses
Accessory building
Accessory structure
Accessory use
Business support service
Contractor, limited
Fitness facility
Garden centre or greenhouse
Government services
Mini-storage
Office
Sign:
Canopy
Fascia
Temporary
Window
Solar energy system, individual,
roof mounted
2.3
Prohibited Uses
Auto wreckage and salvage yard
Dwelling
Noxious or hazardous use
2.2
Discretionary Uses
Amusement facility
Animal care service, small
Auto sales and service
Cannabis retail store
Club or fraternal organization
Contractor, general
Convenience store
Commercial building group
Community association building
Drive in/ through restaurant
Equipment sales, rental and service
Farmers market
Funeral home
General warehousing and storage
Institutional
Light fabrication shop
Light industrial/manufacturing
Medical / health facility
Moved-in building
Public and/or private recreation
Recreational vehicle storage
Recycling facility
Restaurant
Retail
Service station
Shipping container
Sign:
Freestanding
Mural
Projecting
Solar energy system, individual,
ground mounted
Transportation/delivery service
Utility
Warehouse
Wind energy conversion system, individual
SCHEDULE 2 - BP | 2
Town of Coalhurst Land Use Bylaw No. 462-25
SECTION 3
MINIMUM LOT SIZE
3.1
Minimum lot sizes are as follows:
Width
Length
Area
Use
m
ft
m
ft
m2
ft2
All uses
30.5
100
30.5
100
929.0
10,000
SECTION 4
MINIMUM SETBACKS
4.1
Minimum setbacks are as follows:
Front Yard
Side Yard
Rear Yard
Use
m
ft
m
ft
m
ft
All uses
7.6
25
1.5
5
6.1
20
4.2
Structures that are attached to a principal building are subject to the principal setbacks.
4.3
The Development Authority may require increased building setbacks if, in his or their opinion, such
setbacks would:
(a)
help avoid land use conflict;
(b)
enhance the appearance of the area;
(c)
avoid an existing easement.
SECTION 5
MAXIMUM SITE COVERAGE
5.1
Principal buildings and accessory building - 60%
SECTION 6
MAXIMUM BUILDING HEIGHT
6.1
Maximum building height:
(a)
Principal building - 11.0 m (36 ft)
(b)
Accessory buildings - 4.9 m (16 ft)
SECTION 7
ACCESSORY STRUCTURES AND USES
7.1
No accessory structure or use shall be allowed on a lot without an approved principal structure or
use.
7.2
Accessory structures and uses that are not specifically included within a development permit
require a separate development permit application.
SECTION 8
DEVELOPMENT NOT REQUIRING A PERMIT - See Schedule 3
SECTION 9
COMMERICAL / INDUSTRIAL STANDARDS OF DEVELOPMENT - See Schedule 5
SECTION 10
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6
SECTION 11
DEFINITIONS - See Schedule 7
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - BI | 1
BUSINESS INDUSTRIAL - BI
SECTION 1
PURPOSE
1.1
To allow for the development of industrial commercial uses which are compatible with each other
and with uses in adjacent districts.
SECTION 2
USES
2.1
Permitted Uses
Accessory building
Accessory structure
Accessory use
Auto sales and service
Contractor, general
Contractor, limited
Equipment sales, rental and service
General warehousing and storage
Lumber yard
Mini-storage
Sign:
Canopy
Fascia
Temporary
Window
Solar energy system, individual,
roof mounted
Warehouse
2.3
Prohibited Uses
Auto wreckage and salvage yard
Dwelling
Noxious or hazardous use
2.2
Discretionary Uses
Animal care service, large
Animal care service, small
Auctioneering facility
Auto body and paint shop
Bulk fuel station
Card lock
Car wash
Commercial building group
Exhibition ground
Fitness facility
Funeral home
Garden centre or greenhouse
Grain elevator/seed cleaning
Light fabrication
Machinery and equipment sales, rental and
service
Moved-in building
Outdoor storage
Railway and railway related use
Recreational vehicle storage
Recycling facility
Retail
Service station
Shipping container
Sign:
Freestanding
Mural
Projecting
Solar energy system, individual,
ground mounted
Transportation/delivery service
Truck stop
Truck transportation dispatch/depot
Utility
Wind energy conversion system, individual
SCHEDULE 2 - BI | 2
Town of Coalhurst Land Use Bylaw No. 462-25
SECTION 3
MINIMUM LOT SIZE
3.1
Minimum lot sizes are as follows:
Width
Length
Area
Use
m
ft
m
ft
m2
ft2
All uses
30.5
100
30.5
100
929.0
10,000
SECTION 4
MINIMUM SETBACKS
4.1
Minimum setbacks are as follows:
Front Yard
Side Yard
Rear Yard
Use
m
ft
m
ft
m
ft
All uses
7.6
25
1.5
5
6.1
20
4.2
Structures that are attached to a principal building are subject to the principal setbacks.
4.3
The Development Authority may require increased building setbacks if, in his or their opinion, such
setbacks would:
(a)
help avoid land use conflict;
(b)
enhance the appearance of the area.
SECTION 5
MAXIMUM SITE COVERAGE
5.1
Principal buildings and accessory building - 60%
SECTION 6
MAXIMUM BUILDING HEIGHT
6.1
Maximum building height:
(a)
Principal building - 11.0 m (36 ft)
(b)
Accessory buildings - 4.9 m (16 ft)
SECTION 7
ACCESSORY STRUCTURES AND USES
7.1
No accessory structure or use shall be allowed on a lot without an approved principal structure or
use.
7.2
Accessory structures and uses that are not specifically included within a development permit
require a separate development permit application.
SECTION 8
DEVELOPMENT NOT REQUIRING A PERMIT - See Schedule 3
SECTION 9
COMMERICAL / INDUSTRIAL STANDARDS OF DEVELOPMENT - See Schedule 5
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - BI | 3
SECTION 10
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6
SECTION 11
DEFINITIONS - See Schedule 7
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - PR | 1
PARKS AND RECREATION - PR
SECTION 1
PURPOSE
1.1
To designate areas for the development of open space, parks and recreational areas and facilities.
SECTION 2
USES
2.1
Permitted Uses
Accessory building
Accessory structure
Accessory use
Parks and playgrounds
Recreation, public
Solar energy system, individual,
roof mounted
2.2
Discretionary Uses
Amusement facility
Campground
Cemetery and interment service
Child care facility
Community association building
Exhibition centre
Golf course
Institutional
Museum
Recreation, private
Shipping Containers
Signs
Solar energy system, individual,
ground mounted
Wind energy conversion system, individual
SECTION 3
MINIMUM LOT SIZE
3.1
As required by the Development Officer or Municipal Subdivision and Development Authority.
SECTION 4
MINIMUM SETBACK REQUIREMENTS
4.1
As required by the Development Officer or Municipal Subdivision and Development Authority.
SECTION 5
DEVELOPMENT NOT REQUIRING A PERMIT - See Schedule 3
SECTION 6
COMMERICAL / INDUSTRIAL STANDARDS OF DEVELOPMENT - See Schedule 5
SECTION 7
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6
SECTION 8
DEFINITIONS - See Schedule 7
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - PI | 1
PUBLIC INSTITUTIONAL - PI
SECTION 1
PURPOSE
1.1
To designate areas for the development of government, educational, medical, social and other
public and institutional uses.
SECTION 2
USES
2.1
Permitted Uses
Accessory building
Accessory structure
Accessory use
Educational facility
Government service
Institutional
Parks and playgrounds
Religious assembly
Solar energy system, individual,
roof mounted
2.2
Discretionary Uses
Child care facility
Community association building
Museum
Shipping container
Signs
Solar energy system, individual,
ground mounted
Wind energy conversion system, individual
SECTION 3
MINIMUM LOT SIZE
3.1
As required by the Development Officer or Municipal Subdivision and Development Authority.
SECTION 4
MINIMUM SETBACKS
4.1
As required by the Development Officer or Municipal Subdivision and Development Authority.
SECTION 5
DEVELOPMENT NOT REQUIRING A PERMIT - See Schedule 3
SECTION 6
COMMERICAL / INDUSTRIAL STANDARDS OF DEVELOPMENT - See Schedule 5
SECTION 7
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6
SECTION 8
DEFINITIONS - See Schedule 7
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - TR | 1
TRANSITIONAL - TR
SECTION 1
PURPOSE
1.1
To be applied to larger parcels of land usually on the periphery of existing development. The district
restricts uses and maintains parcels in larger sizes to allow maximum flexibility for use and
development when the land is required for urban development.
SECTION 2
USES
2.1
Permitted Uses
Alternative energy, solar
Cultivation of land
Home occupation 1
Solar energy system, individual,
roof mounted
2.3
Prohibited Uses
Keeping of animals
2.2
Discretionary Uses
Accessory building
Accessory structure
Accessory use
Agricultural building
Animal care service, large
Animal care service, small
Garden centre or greenhouse
Home occupation 2
Market garden
Single-unit dwelling
Shipping container
Solar energy system, individual,
roof mounted
Solar energy system, individual,
ground mounted
Wind energy conversion system, individual
SECTION 3
MINIMUM LOT SIZE
3.1
Existing Parcels
SECTION 4
MINIMUM SETBACKS
4.1
As required by the Development Officer or Municipal Subdivision and Development Authority.
SECTION 5
DEVELOPMENT NOT REQUIRING A PERMIT - See Schedule 3
SECTION 6
RESIDENTIAL STANDARDS OF DEVELOPMENT - See Schedule 4
SECTION 7
COMMERICAL / INDUSTRIAL STANDARDS OF DEVELOPMENT - See Schedule 5
SECTION 8
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6
SECTION 9
DEFINITIONS - See Schedule 7
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - DC | 1
DIRECT CONTROL - DC
SECTION 1
PURPOSE
1.1
To allow Council considerable flexibility for approval of uses on suitable sites that have potential
for a number of different land uses. On sites Development as Direct Control, Council is willing to
consider proposals that do not infringe on adjacent uses.
SECTION 2
PERMITTED USES
2.1
Any use Council considers suitable.
SECTION 3
MINIMUM LOT SIZE
3.1
As Council determines necessary, but not less than the requirements of the Subdivision and
Development Regulation.
SECTION 4
STANDARDS OF DEVELOPMENT
4.1
As Council considers necessary having regard to Schedules 4, 5, and 6.
SECTION 5
OTHER STANDARDS
5.1
Council may require additional standards having regard to statutory plans, and comments from
referral agencies contacted under Section 7.3 of this district.
SECTION 6
APPROVAL PROCEDURE
6.1
Before Council considers an application for a use in the Direct Control district, they shall:
(a)
cause notice to be issued by the Development Officer in accordance with Section 39 of this
bylaw;
(b)
hear any persons that claim to be affected by the decision on the application.
6.2
Council may then approve the application with or without conditions or refuse the application.
6.3
When applicable, Council should seek comments from other government agencies, such as:
- Alberta Health Services,
- Planning Advisor,
- Alberta Transportation,
- Alberta Environment, and
- any other agency Council considers necessary.
SCHEDULE 2 - DC | 2
Town of Coalhurst Land Use Bylaw No. 462-25
SITE SPECIFIC DIRECT CONTROL STANDARDS
SECTION 7
Lots 11-12, Block 1, Plan 2605 AL (514 51 Avenue)
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 2 - FUS | 1
FUSION - FUS
SECTION 1
PURPOSE
1.1
To allow the comprehensive Development of a Site which may or may not feature a mixture of
complementary residential and non-residential land uses to create an environment not possible
using another land Use District in this Bylaw
SECTION 2
PERMITTED USES
2.1
Uses permitted in the district are those which are, in the opinion of the Development Authority,
compatible with any associated approved Area Structure Plan, Outline Plan or the Municipal
Development Plan and the approved Comprehensive Site Plan.
SECTION 3
MINIMUM LOT SIZE
3.1
As determined necessary in the approved Area Structure Plan, Outline Plan or the Municipal
Development Plan and the approved Comprehensive Site Plan, but not less than the requirements
of the Subdivision and Development Regulation.
SECTION 3
STANDARDS OF DEVELOPMENT
3.1
Prior to the issuance of any Development Permits, a Comprehensive Site Plan must be approved
by the Town Council.
3.2
All development shall have regard to Schedules 4, 5, 6 and 7.
SECTION 4
OTHER STANDARDS
4.1
The Development Authority may require additional standards having regard to statutory plans,
and comments from referral agencies.
Schedule 3
DEVELOPMENT NOT REQUIRING A PERMIT
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 3 | 1
Schedule 3
DEVELOPMENT NOT REQUIRING A PERMIT
SECTION 1
GENERAL STANDARDS
1.1
This schedule does not negate the requirement of obtaining all required permits, as applicable,
under the Safety Codes Act and any other municipal, provincial or federal statute.
1.2
This schedule does not negate the requirement of obtaining a business license where required.
1.3
Developments that shall not require a development permit must otherwise comply with all
provisions of this bylaw including:
(a)
the development must conform to the uses in the land use district in which the development
is proposed; and
(b)
the development must meet or exceed the applicable development standards including but
not limited to setbacks from property lines, height, site coverage as stated in the applicable
land use district.
1.4
If there is a doubt to whether a development is exempt from obtaining a development permit, the
matter shall be decided by the Municipal Subdivision and Development Authority.
SECTION 2
RESIDENTIAL DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
The following residential developments shall not require a development permit, but must otherwise comply
with all other provisions of this bylaw and other legislation in accordance with Section 1 of this schedule.
2.1
The maintenance or repair of any building provided that the work does not include structural
alterations or additions.
2.2
Interior renovations to a building which do not:
(a)
create another dwelling unit,
(b)
increase parking requirements, or
(c)
result in the change of use of a building.
2.3
Any accessory storage building, garden shed or structure placed on a lot which is 9.3 m2 (100 ft2)
or less in area and that is not on a permanent foundation.
2.4
The erection, maintenance or alteration of a fence, gate, wall, hedge or other means of enclosure
as specified regarding height and location in accordance with Schedule 4: Residential Standards of
Development.
2.5
The construction of uncovered decks or patios 24 inches or lower to ground level in accordance
with the land use district front, side and rear setback requirements. Any covered deck shall require
a development permit.
2.6
Landscaping that was not required as part of the original development permit in accordance with
Schedule 4: Residential Standards of Development.
SCHEDULE 3 | 2
Town of Coalhurst Land Use Bylaw No. 462-25
2.7
Any satellite dish less than 1 m (3.3 ft) in diameter.
2.8
Stand-alone temporary inflatable outdoor swimming pools and above ground hot tubs. Shade
structures or decks for access to the pool or hot tub require permits.
2.9
The installation of cement or other hard surface material that is not to be covered or partially
covered by a roof or other shelter and does not exceed 50% of the total landscaped area.
2.10
One shipping container may remain on site for a single period not exceeding 14 days in a calendar
year (i.e. a single period is allowed, regardless of the total number of days - once the shipping
container leaves the site it may not return without the benefit of an approved development
permit).
2.11
The completion of a building which was lawfully under construction at the date this bylaw came
into effect provided that the building is completed in accordance with the terms and conditions of
any development permit granted.
2.12
The completion of a building that did not require a development permit under the previous Land
Use Bylaw and which was lawfully under construction prior to the adoption of this bylaw, and
provided the building is completed within 12 months from the date this bylaw came into effect.
SECTION 3
NON- RESIDENTIAL DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
The following developments shall not require a development permit, but must otherwise comply with all
other provisions of this bylaw and other legislation in accordance with Section 1 of this schedule.
3.1
The temporary placement or construction of works, plants or machinery (not including shipping
containers) needed to construct a development for which a development permit has been issued
for the period of those operations.
3.2
Temporary and directional signs.
3.3
Excavation, grading, stripping, or stockpile provided it is part of a development for which a
development permit has been issued or is addressed in a signed Development Agreement with the
Town of Coalhurst.
3.4
One shipping container may remain on site for a single period not exceeding 14 days in a calendar
year (i.e. a single period is allowed, regardless of the total number of days - once the shipping
container leaves the site it may not return without the benefit of an approved development
permit).
3.5
Seasonal sales that are not permanent, but may require a Town of Coalhurst Business License, (e.g.
farmers' market, outdoor amusement park, fruit and vegetable stands, Christmas tree sales, etc.)
if in the opinion of the Development Authority, such sales, activities and special events would not
adversely affect:
(a)
parking,
(b)
traffic flow,
(c)
the appearance of the site,
(d)
public safety, and/or
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 3 | 3
(e)
the seasonal outside sale, activity or special event is in operation for a period not to exceed
30 days.
3.6
In all land use districts, heavy machinery excavation (i.e. stripping or stockpiling of topsoil, and
rough grading of land), when such operations are performed in accordance with a valid
Development Agreement made with the municipality which authorizes such work.
3.7
Despite Section 3.6 above, where no development agreement for heavy machinery excavation (i.e.
stripping or stockpiling of topsoil and rough grading of land) exists, an application for a
development permit is required.
3.8
In the Transitional - TR land use district the cultivation of land or extensive agriculture use.
3.9
The installation and maintenance of new or replacement playground facilities in public parks that
are owned and operated by the Town of Coalhurst.
3.10
The completion of a building which was lawfully under construction at the date this bylaw came
into effect provided that the building is completed in accordance with the terms and conditions of
any development permit granted.
3.11
The completion of a building that did not require a development permit under the previous Land
Use Bylaw and which was lawfully under construction prior to the adoption of this bylaw, and
provided the building is completed within 12 months from the date this bylaw came into effect.
SECTION 4
MUNICIPAL, PROVINCIAL AND FEDERAL DEVELOPMENT NOT REQUIRING A DEVELOPMENT
PERMIT
The following developments shall not require a development permit:
4.1
The maintenance or repair of public works, services and utilities on publicly owned or administered
land carried out by or on behalf of federal, provincial, municipal or public authorities.
4.2
Municipal signs on public land.
4.3
The installation and maintenance of new or replacement playground facilities in public parks that
are owned and operated by the Town of Coalhurst.
4.4
Any use or development exempted under section 618(1) of the MGA.
4.5
Any use or development exempted by the Lieutenant Governor in Council pursuant to section
618(4) of the MGA.
4.6
Telecommunication antenna systems that are regulated by Science, Innovation and Economic
Development Canada subject to Schedule 8, Telecommunication Antenna Siting Process.
4.7
The completion of a building which was lawfully under construction at the date this bylaw came
into effect provided that the building is completed in accordance with the terms and conditions of
any development permit granted.
4.8
The completion of a building that did not require a development permit under the previous Land
Use Bylaw and which was lawfully under construction prior to the adoption of this bylaw, and
provided the building is completed within 12 months from the date this bylaw came into effect.
Schedule 4
RESIDENTIAL STANDARDS OF DEVELOPMENT
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 4 | 1
Schedule 4
RESIDENTIAL STANDARDS OF DEVELOPMENT
Except for more specific, alternative, or contradictory standards as may be set forth within an individual land use
district, the following standards apply to all uses in all districts.
PART 1: GENERAL RESIDENTIAL STANDARDS
SECTION 1
STATUTORY PLANS
1.1
Where the policies, rules or procedures indicated in a statutory plan vary, supplement, reduce,
replace or qualify the requirements of this bylaw for a particular district or districts, the policies,
rules or procedures indicated in the statutory plan shall take precedence.
SECTION 2
QUALITY OF DEVELOPMENT
2.1
The Development Authority may impose reasonable conditions on a development permit if it will
make the use or development more consistent with the purpose of the land use district or with
the Municipal Development Plan.
2.2
In no circumstances shall any part of any structure encroach or cause runoff on an adjoining
property.
SECTION 3
DESIGN AND ORIENTATION OF BUILDINGS, STRUCTURES AND SIGNS
3.1
The design, character and appearance of buildings, structures or signs shall be consistent with the
intent of the land use district in which the building is located and compatible with other buildings
in the vicinity.
3.2
The Development Authority may regulate the exterior finish of buildings, structures or signs to
improve the quality of any proposed development within any land use district.
3.3
The maximum allowable height above the average finished surface level of the surrounding ground
of the exposed portion of a concrete or block foundation may be limited by the Development
Authority.
3.4
Subject to the requirements of the Safety Codes, the Development Authority may require that
buildings be physically accessible to disabled persons.
3.5
If a building is to be located on a lot with more than one street frontage or on a lot with potential
for further subdivision, the Development Authority may regulate the orientation and location of
the building as a condition of development approval.
SECTION 4
EASEMENTS
4.1
No structures shall be located within a registered easement.
SCHEDULE 4 | 2
Town of Coalhurst Land Use Bylaw No. 462-25
4.2
All permanent structures shall be located a minimum of 3.1 m (10 ft), or such greater distance as
required by the Development Authority, from an easement registered for the protection of
municipal water mains and sewer mains or any other such infrastructure, as determined by the
municipality.
SECTION 5
CORNER LOT SIGHT TRIANGLE
5.1
On a corner lot, nothing shall be
erected,
placed,
planted
or
allowed to grow in a manner which
may restrict traffic visibility at
street intersections, between 0.9
m (3 ft) and 3.1 m (10 ft) above
the centre line grades of the
intersecting streets in the area
bounded by the property lines of
such corner lots and a line joining
points along the said property line
6.1 m (20 ft) [or such other distance
as required by the Development
Authority] from the point of
intersection.
SECTION 6
REDUCED LOT AREA AND DIMENSIONS
6.1
The Development Authority may approve a development on an existing registered lot the
minimum dimensions or area of which are less than those specified in each land use district
provided that the minimum area allowed is not less than 232.3 m2 (2,500 ft2).
SECTION 7
MULTIPLE FRONT YARD PROVISION (Corner Lots)
7.1
Where any lot has more than one front yard line, the front yard requirements shall apply to all
yards, but at the discretion of the Development Officer or Municipal Subdivision and Development
Authority, only one-half the front yard requirement may apply to one of the front yards and that
yard shall be considered a side yard.
SECTION 8
PROJECTIONS OVER PUBLIC LAND
8.1
In residential districts, no projections are to be over public lands, including roads, boulevards or
sidewalks.
8.2
Signs, awnings or other projections shall be designed so that drainage or snow melt will be
contained on the property.
SECTION 9
DEMOLITION OR REMOVAL OF BUILDINGS OR STRUCTURES
9.1
No person shall commence or cause to be commenced the demolition or removal of any building
or structure, or portion thereof, until all necessary approvals have been obtained.
9.2
An application and approval must be obtained for the demolition or removal of any building or
structure greater than 9.3 m2 (100 ft2) in size.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 4 | 3
9.3
Whenever an approval is issued for the demolition or removal of a building or structure, it shall be
required that the lot shall be cleared, with all debris removed, and left in a graded condition upon
completion of the demolition or removal to the satisfaction of the Development Authority.
9.4
An approval for demolition or removal of a building or structure may require the applicant to
provide a cash deposit, irrevocable letter of credit or other acceptable form of security in such
amount as to cover the costs of reclamation to any public utility or town property.
9.5
Whenever a demolition or removal of a building or structure is carried out, the property owner
shall, at his own expense, protect any wall, structure, sidewalk or roadway liable to be affected by
such demolition or removal, including those on neighbouring properties, from damage or
displacement. Further, the property owner shall ensure that adequate measures are taken by way
of fencing and screening to ensure public safety.
9.6
The applicant shall be responsible for obtaining all necessary Safety Codes approvals and utility
service disconnections before demolition or removal of buildings or structures.
SECTION 10
DEVELOPMENT OF LANDS SUBJECT TO SUBSIDENCE, UNDERMINING OR FLOODING
10.1
If, in the opinion of the Development Authority, land upon which development is proposed is
subject to subsidence, flooding or undermining, the Development Authority may require the
applicant to submit a structural building plan prepared and sealed by a qualified professional
engineer, and/or a slope stability analysis, and/or geotechnical report, and/or flood mapping
prepared by a qualified professional engineer demonstrating that any potential hazards can be
mitigated.
10.2
The Development Authority may determine that the land upon which development is proposed
which has been identified as impacted by subsidence, flooding or undermining may refuse the
application.
PART 2: LOT IMPROVEMENTS
SECTION 1
PERMITTED PROJECTIONS INTO SETBACKS
1.1
In no circumstances shall any part of any structure encroach or cause runoff on an adjoining
property.
1.2
The following features may, subject to the relevant provisions of Safety Codes, project into the
required setbacks under this bylaw:
(a)
unenclosed steps or unenclosed fire escapes;
(b)
a wheelchair ramp at the discretion of the Development Authority;
(c)
driveways, curbs and sidewalks;
(d)
off-street parking in accordance with the applicable land use district and section 10;
(e)
cooling units not to exceed 0.9 m (3 ft);
(f)
mailboxes; and
(g)
signs, in accordance with Schedule 3.
SCHEDULE 4 | 4
Town of Coalhurst Land Use Bylaw No. 462-25
1.3
In all cases, projections into any required setback must comply with the requirements of Safety
Codes.
SECTION 2
DECKS
2.1
A development permit is required for the construction of a deck if it will be constructed so that the
decking is situated more than 0.6 m (24 inches) above grade.
2.2
Attached and unattached decks must be located in a manner such as to preserve the privacy on
adjacent properties.
2.3
A ground level deck means an
unenclosed (no roof) amenity area of
concrete, brick, wood, or other
material that is constructed at grade or
attached to a dwelling. The overall
height of a ground level deck shall not
exceed 0.6 m (24 inches) measured
from the finished grade to the
underside of the supporting structure
and must be constructed to meet all
yard setbacks in the appropriate land
use district.
2.4
A raised deck means an unenclosed (no roof) amenity area, of wood frame or other construction,
which may be attached to a dwelling. The overall height of a raised deck is greater than 0.6 m (2 ft)
from the finished grade to the underside of the supporting structure and must be constructed to
meet all yard setbacks in the appropriate land use district.
2.5
For the purpose of calculating yard setbacks and site coverage requirements as provided in this
bylaw, where a deck structure is attached to the principal building it shall be deemed to be part of
the principal building and must meet the required side and rear yard setbacks.
2.6
Unenclosed decks may encroach into the minimum required rear yard setback distance a
maximum of 2.0 m (6.5 ft) on laneless lots and 3.1 m (10 ft) on lots with lanes.
SECTION 3
PRIVACY WALLS AND/OR PRIVACY SCREENS
3.1
The placement of a privacy wall or screen shall be limited to the side and rear yard only.
3.2
Privacy walls and/or screens will not require a development permit if:
(a)
the proposed development complies with all of the standards for privacy walls and/or screens
within this section; and
(b)
attached to a raised deck 0.6 m (2 ft) or greater in height and the deck has been issued a
development permit; or
(c)
the structure is freestanding and meets the setback requirements for accessory buildings
within the applicable land use district.
3.3
Privacy walls and/or screens which are attached to a raised deck or balcony in conjunction with a
single-unit dwelling shall:
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 4 | 5
(a)
be no more than 2.4 m (8 ft) above the finished deck floor elevation (finished board on top
of joist floor);
(b)
have all the area of the wall or screen above 1.2 m (4 ft) be constructed of material that is
translucent or has individual openings of at least 2.5 cm (1 inch) to allow light to pass;
(c)
be subject to the setback requirements for principal buildings.
3.4
Privacy walls and/or screens which are attached to a raised deck or balcony shared by more than
one dwelling unit shall:
(a)
be no more than 2.4 m (8 ft) above the finished deck floor elevation (finished board on top
of joist floor);
(b)
require that the dividing wall be constructed of material that is solid to allow for privacy
between the units;
(c)
require that all other privacy walls or screens be constructed to have all of the area of the
wall or screen above 1.2 m (4 ft) constructed of material that is translucent or has individual
openings of at least 2.5 cm (1 inch) to allow light to pass.
3.5
Privacy walls and/or screens which are free standing shall:
(a)
be no more than 3.1 m (10 ft) above ground level; and
(b)
have all of the area of the wall or screen above 1.8 m (6 ft) be constructed of material that is
translucent or has individual openings of at least 2.5 cm (1 inch) to allow light to pass;
(c)
be subject to the setback requirements for accessory buildings in the appropriate land use
district.
3.6
The privacy walls and/or screens are required to be finished on both sides with similar materials
and colours. The Development Officer or Municipal Subdivision and Development Authority may
stipulate the type of material and colour of finish for the privacy wall and/or screen as a condition
on a development approval.
SECTION 4
FENCES
4.1
No fence, wall, gate, hedge or other means of enclosure shall extend more than 0.9 m (3 ft) above
level grade and shall not be more than 0.3 m (1 ft) in width in any front yard without an approved
development permit (labelled as area B on diagram), except in the case of corner lots where one
yard is considered as the side yard.
SCHEDULE 4 | 6
Town of Coalhurst Land Use Bylaw No. 462-25
4.2
Fences in the secondary front, rear and side yards must not exceed 1.8 m (6 ft) in height from level
grade and shall not be more than 0.3 m (1 ft) in width without an approved development permit
(labelled as area A on diagram).
4.3
Fencing shall not be permitted to be constructed within any developed or undeveloped roadway
or laneway right-of-way. Removal of such fencing will be at the property owner's expense.
4.4
The Development Authority may regulate the material types and colour used for the fence.
Regardless of fence height, barbed wire fencing or unconventional fencing materials, including but
not limited to pallets, used construction materials, etc., as determined by the Development
Authority, are prohibited.
4.5
No portion of a fence, including an associated retaining wall, shall be greater than 0.30 m (1 ft) in
thickness. Any variance to the thickness of a fence shall be referred to the Municipal Subdivision
and Development Authority for a decision.
4.6
The construction of a fence should be completed within 12 months of commencement and shall
be finished, where appropriate, by painting or staining the fence.
SECTION 5
REFUSE COLLECTION AND STORAGE
5.1
In all land use districts, refuse and garbage shall be stored in suitable containers for the applicable
use within a land use district as per the Town's Utility Bylaw.
SECTION 6
LIGHTING
6.1
Where artificial outdoor lighting is provided to illuminate any parcel, building or site, the type,
location and orientation of lighting shall:
(a)
avoid direct illumination of the neighbouring properties;
(b)
not adversely affect the use, enjoyment and privacy of any dwelling; and
(c)
not interfere with traffic safety on public roadways.
6.2
Outdoor lighting is to be mounted not more than 6.1 m (20 ft) above ground, excepting outdoor
lighting for public uses and lighting approved in conjunction with a development permit.
6.3
Site lighting may be required as a condition of development and any such lighting shall be located,
oriented and shielded so as not to adversely affect neighbouring properties or traffic safety on
public roadways.
SECTION 7
HARDSURFACING AND LANDSCAPING STANDARDS
7.1
The all residential yards (front, side, secondary front and rear) of a lot shall be landscaped within
18 months of occupancy to the satisfaction of the municipality.
7.2
Hardsurface landscaping may consist of any or all of the following:
(a)
asphalt,
(b)
concrete, or
(c)
any other product which will not allow for the penetration of water through it.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 4 | 7
7.3
Hardsurface landscaping shall be limited to not more than 50% of the lot not covered by the
principal dwelling, decks, accessory buildings and structures. Driveways, sidewalks, parking pads,
at grade decks and patios shall be used to calculate hardsurface landscaping which may not exceed
50% of the total landscaped area unless approved by the Municipal Subdivision and Development
Authority.
7.4
Parking shall be prohibited on areas of the lot required for landscaping and is limited to approved
parking areas including driveways or parking pads.
7.5
All area of a lot not hard surfaced must be landscaped and may consist of vegetative landscaping
or ground cover landscaping or both.
7.6
Vegetative landscaping may consist of any or all of the following:
(a)
trees, shrubs, lawn, flowers;
(b)
berming, terracing; or
(c)
innovative landscaping features.
7.8
Ground cover landscaping may consist of:
(a)
large feature rocks, bark chips, field stone; and
(b)
may not exceed 50% of the total landscaped area, and
(c)
must be a minimum of 1.2 m (3 ft) from the municipal sidewalk to protect the infrastructure.
7.9
Ground cover including large feature rocks, bark chip, field stone, crushed rock, or other similar
materials shall be limited to not more than 50% of a front or side yard and may not exceed 50% of
the total landscaped area. An approval from the Municipal Subdivision and Development
Authority approval is required if ground cover landscaping exceeds 50% of the total area to be
landscaped.
7.10
A minimum of 0.9 m (3 ft) of lawn or grass cover must be maintained from the public sidewalk to
protect the infrastructure from soil erosion.
7.11
Residential parking lots, where required for multi-unit developments, shall be landscaped and/or
screened as required by the Development Authority.
7.12
The Development Authority may impose additional landscaping or screening requirements on a
development approval for a permitted or discretionary use to improve the quality or compatibility
of the proposed development.
7.13
The Development Authority may impose additional landscaping or screening requirements on a
development approval for a permitted or discretionary use to improve the quality or compatibility
of the proposed development.
SCHEDULE 4 | 8
Town of Coalhurst Land Use Bylaw No. 462-25
PART 3: ACCESS / DRIVEWAYS / PARKING
SECTION 1
ROAD FRONTAGE AND APPROVAL OF ACCESS
1.1
All lots shall have frontage on a public roadway which enables direct physical and legal access onto
that public road. Frontage on a laneway alone will not be permitted. The minimum frontage
requirements shall be as defined by the minimum lot dimensions in the applicable land use district.
1.2
All access to a lot, either from a registered municipal road or lane shall be at the sole discretion of
the municipality and subject to approval by the appropriate Development Authority in consultation
with the Public Works Department.
1.3
All new development shall have frontage on and direct physical and legal access to a maintained
public roadway, except for:
(a)
development internal to a condominium plan containing private roadways; and
(b)
development internal to a manufactured home community or multi-use development
containing internal roadways as approved by the Development Authority.
1.4
Vehicular access to a corner lot shall generally be limited to locations along the minor residential
street and access will be determined by the Development Authority at the time of development
approval.
1.5
Every vehicular entrance and exit shall be located a minimum 7.6 m (25 ft) from the intersection
of two streets, and a greater distance where determined reasonable and appropriate by the
Development Authority.
1.6
The Development Authority may require access to be located so that it can be shared with an
adjoining lot or development.
1.7
Residential garages shall have access from the lane or minor streets and consideration of sight-
lines and safety shall be used to determine the approved location of the access.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 4 | 9
SECTION 2
OFF-STREET PARKING REQUIREMENTS
2.1
Minimum off-street parking requirements are as follows:
USE
MINIMUM PARKING SPACES
Dwelling Unit:
- Single-unit
- Two-unit, Three-unit, Four-unit
- Secondary suite
- Modular home A & B
- Ready-to-move home A & B
2 spaces per dwelling unit
Dwelling Unit:
- Three-unit
- Four-unit
2 spaces per dwelling unit with up to 3 bedrooms
plus one additional parking stall for each additional
bedroom thereafter
Row Dwelling (more than four units)
2 spaces per dwelling unit plus 1 visitor parking
space for every 2 dwelling units
Apartment
1.5 spaces per dwelling unit plus 1 visitor parking
space for every 2 dwelling units
Home occupation 1
Home occupation 2
N/A
1 additional space
Senior citizen housing
1 space per 2.5 dwelling units plus visitor parking
as required by the Development Authority
Bed and breakfast
1 space per guest room
Child care facility
Group care facility
1 pick-up/drop-off space per 10 children plus 1
space per employee
1 space per employee
Parks and playgrounds
Religious assembly
As required by the Development Authority
2.2
Off-street parking stall standards for residential uses are as follows:
(a)
Minimum width - 2.4 m (8 ft)
(b)
Minimum length - 6.1 m (20 ft)
2.3
Calculation of off-street parking requirements resulting in a fractional number of 0.5 or greater
shall be rounded up and rounded down when resulting in a fractional number of less than 0.5.
2.4
Parking lots which are required to be developed in conjunction with any residential development
requiring more than 8 onsite parking stalls shall be subject to the minimum requirements found in
Schedule 5, Part 3, Sections 6 and 7.
2.5
A multiple use development must provide parking in an amount equal to the number of spaces for
all uses, except where a shared parking provision is approved by the Development Authority.
2.6
Tandem or stacked parking space designs are prohibited in residential districts and shall only be
counted as 1 stall towards the required parking stall requirement.
SCHEDULE 4 | 10
Town of Coalhurst Land Use Bylaw No. 462-25
2.7
Stalls located in attached or detached garages are not counted towards the required off-street
parking requirements.
2.8
Off-street parking areas shall be constructed in a manner which will permit adequate drainage,
snow removal, and maintenance. The Development Authority may require that off-street parking
areas or portions thereof be paved as a condition of approval.
2.9
The standards and requirements found in Schedule 5, Part 3, Section 6 and 7 shall apply when a
multi-stall parking area/lot is required to be constructed in conjunction with a large residential
development.
SECTION 3
DRIVEWAY STANDARDS
3.1
Only one driveway per lot is permitted for residential development. The maximum number of
driveways permitted per lot shall be as indicated in Section 3.2.
3.2
Driveway standards are as follows:
3.3
Driveway in all land use districts shall be:
(a)
Setback from road or lane - 3.0 m (10 ft)
(b)
Setback from intersection - 7.6 m (25 ft)
3.4
Vehicular access for corner lots will be limited to locations along the minor street unless site
specific considerations require otherwise.
3.5
The Development Authority may require that driveways be paved as a condition of approval.
3.6
For lots which have alley access, preference will be to provide access from the alley to garages
and carports. Front driveways will require the approval of the Municipal Subdivision and
Development Authority.
3.7
Hard surfaced parking pads, walkways, and/or paving stones or similar impervious ground cover is
limited to a maximum of 50% of the lot (front, side and rear) not covered by the dwelling and
accessory buildings and structures, unless approved otherwise by a development permit.
Maximum Number
Minimum Width
Maximum Width
Land Use District
m
ft
m
ft
Residential - R
1
3.0
10
7.3
24
Small Lot Residential - SLR
1
3.0
10
5.5
18
Large Lot Residential - LLR
1
3.0
10
7.3
24
Two Unit Residential - TUR
Side by side on single parcel
Side by side on individual parcel
Secondary suite
2 (one per side)
1 per parcel
0
3.0
10
3.0
10
Multi-Unit Residential - MUR
Front/back units on single lot
Three-unit on single parcel
Row dwelling
2 (one per side)
1 per parcel
1 per parcel
3.0
10
3.0
10
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 4 | 11
PART 4: INFRASTRUCTURE
SECTION 1
UTILITIES AND SERVICING
1.1
All development shall be required to connect to both the municipal water supply and wastewater
system except, where in the opinion of the Development Authority, the development does not
require water and sewer.
1.2
The erection of a building on any site may be prohibited where it would otherwise be permitted
when, in the opinion of the Development Authority, satisfactory arrangements have not been
made for the supply of water, gas, electric power, sewage, street access or other services or
facilities necessary to serve the development.
SECTION 2
GRADING AND STORMWATER MANAGEMENT
2.1
Roof and surface drainage shall be directed either to the public roadway fronting the property, or
as approved by the Development Officer, to a rear or side property boundary or as approved in an
engineered stormwater management plan.
2.2
When discharging down spouts or sump hoses, the end point of the spout or hose must discharge
a minimum of 1.8 m (6 ft) from the front property line.
2.3
The Development Authority may require as a condition of development approval engineered
grading and drainage plans for the development and legal survey demonstrating that engineered
grades have been met.
2.4
Grading and other measures, as appropriate, may be required to control surface drainage, reduce
or eliminate grade difference between adjacent lots, and minimize erosion or slope instability.
2.5
The final grades of the development must be approved by the Development Authority before the
issuance of a building permit.
2.6
The applicant is responsible for ensuring adherence to final grades.
2.7
Where a retaining wall is required, the applicant shall submit to the Development Officer plans
identifying the design and specifications of development for review and approval by an accredited
Safety Codes Officer.
Schedule 5
COMMERCIAL / INDUSTRIAL / INSTITUTIONAL
STANDARDS OF DEVELOPMENT
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 5 | 1
Schedule 5
COMMERCIAL / INDUSTRIAL / INSTITUATIONAL
STANDARDS OF DEVELOPMENT
Except for more specific, alternative, or contradictory standards as may be set forth within an individual land use
district, the following standards apply to all uses in all districts.
PART 1: GENERAL STANDARDS
SECTION 1
STATUTORY PLANS
1.1
Where the policies, rules or procedures indicated in a statutory plan vary, supplement, reduce,
replace or qualify the requirements of this bylaw for a particular district or districts, the policies,
rules or procedures indicated in the statutory plan shall take precedence.
SECTION 2
QUALITY OF DEVELOPMENT
2.1
The Development Authority may impose reasonable conditions on a development permit if it will
make the use or development more consistent with the purpose of the land use district or with
the Municipal Development Plan.
2.2
In no circumstances shall any part of any structure encroach or cause runoff on an adjoining
property.
SECTION 3
DESIGN AND ORIENTATION OF BUILDINGS, STRUCTURES AND SIGNS
3.1
The design, character and appearance of buildings, structures or signs shall be consistent with the
intent of the land use district in which the building is located and compatible with other buildings
in the vicinity.
3.2
The Development Authority may regulate the exterior finish of buildings, structures or signs to
improve the quality of any proposed development within any land use district.
3.3
The maximum allowable height above the average finished surface level of the surrounding ground
of the exposed portion of a concrete or block foundation may be limited by the Development
Authority.
3.4
Subject to the requirements of the Safety Codes, the Development Authority may require that
buildings be physically accessible to disabled persons.
3.5
If a building is to be located on a lot with more than one street frontage or on a lot with potential
for further subdivision, the Development Authority may regulate the orientation and location of
the building as a condition of development approval.
3.6
Buildings shall be located close to the main street with buildings along a street following the same
'build to' line with some variances to provide for pocket setbacks, interest and definition.
SCHEDULE 5 | 2
Town of Coalhurst Land Use Bylaw No. 462-25
SECTION 4
CORNER LOT SIGHT TRIANGLE
4.1
On a corner lot, nothing shall be
erected,
placed,
planted
or
allowed to grow in a manner which
may restrict traffic visibility at
street intersections, between 0.9
m (3 ft) and 3.1 m (10 ft) above
the centre line grades of the
intersecting streets in the area
bounded by the property lines of
such corner lots and a line joining
points along the said property line
6.1 m (20 ft) [or such other distance
as required by the Development
Authority] from the point of
intersection.
SECTION 5
REDUCED LOT AREA AND DIMENSIONS
5.1
The Development Authority may approve a development on an existing registered lot the
minimum dimensions or area of which are less than those specified in each land use district
provided that the minimum area allowed is not less than 232.3 m2 (2,500 ft2).
SECTION 6
MULTIPLE FRONT YARD PROVISION (Corner Lots)
6.1
Where any lot has more than one front yard line, the front yard requirements shall apply to all
yards, but at the discretion of the Development Officer or Municipal Subdivision and Development
Authority, only one-half the front yard requirement may apply to one of the front yards and that
yard shall be considered a side yard.
SECTION 7
PROJECTIONS OVER PUBLIC LAND
7.1
In all districts, no projections are to be over public lands, including roads, boulevards or sidewalks.
7.2
Signs, awnings or other projections shall be designed so that drainage or snow melt will be
contained on the property.
SECTION 8
DEMOLITION OR REMOVAL OF BUILDINGS OR STRUCTURES
8.1
No person shall commence or cause to be commenced the demolition or removal of any building
or structure, or portion thereof, until all necessary approvals have been obtained.
8.2
An application and approval must be obtained for the demolition or removal of any building or
structure greater than 9.3 m2 (100 ft2) in size.
8.3
Whenever an approval is issued for the demolition or removal of a building or structure, it shall be
required that the lot shall be cleared, with all debris removed, and left in a graded condition upon
completion of the demolition or removal to the satisfaction of the Development Authority.
8.4
An approval for demolition or removal of a building or structure may require the applicant to
provide a cash deposit, irrevocable letter of credit or other acceptable form of security in such
amount as to cover the costs of reclamation to any public utility or town property.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 5 | 3
8.5
Whenever a demolition or removal of a building or structure is carried out, the property owner
shall, at his own expense, protect any wall, structure, sidewalk or roadway liable to be affected by
such demolition or removal, including those on neighbouring properties, from damage or
displacement. Further, the property owner shall ensure that adequate measures are taken by way
of fencing and screening to ensure public safety.
8.6
The applicant shall be responsible for obtaining all necessary Safety Codes approvals and utility
service disconnections before demolition or removal of buildings or structures.
SECTION 9
DEVELOPMENT OF LANDS SUBJECT TO SUBSIDENCE, UNDERMINING OR FLOODING
9.1
If, in the opinion of the Development Authority, land upon which development is proposed is
subject to subsidence, flooding or undermining, the Development Authority may require the
applicant to submit a structural building plan prepared and sealed by a qualified professional
engineer, and/or a slope stability analysis, and/or geotechnical report, and/or flood mapping
prepared by a qualified professional engineer demonstrating that any potential hazards can be
mitigated.
9.2
The Development Authority may refuse an application on lands upon which development is
proposed which has been identified as impacted by subsidence, undermining or flooding.
PART 2: LOT IMPROVEMENTS
SECTION 1
FENCES
1.1
No fence, wall, gate, hedge or other means of enclosure may be erected in the front yard of a non-
residential lot. For the following specific land use districts, fences shall be restricted to the side
and rear yard of properties and fence heights restrictions are:
Maximum Height
Land Use District
m
ft
Town Centre Commercial - TCC
2.4
8
Business Park - BP
2.4
8
Industrial Business - IB
2.4
8
1.2
For the below specific land use districts, fences or other means of enclosure may be erected in the
front, rear and side yard of a non-residential lot and fence heights are as follows:
Maximum Height
Land Use District
m
ft
Parks And Recreation - PR
4.5
15
Public Institutional - PI
1.8
6
Transitional - TR
As per MSDA
Direct Control - DC
As per Council
SCHEDULE 5 | 4
Town of Coalhurst Land Use Bylaw No. 462-25
1.3
Fencing shall not be permitted to be constructed within any developed or undeveloped roadway
or laneway right-of-way. Removal of such fencing will be at the property owner's expense.
1.4
The Development Authority may regulate the material types and colour used for the fence.
Regardless of fence height, barbed wire fencing or unconventional fencing materials, including but
not limited to pallets, used construction materials, etc., as determined by the Development
Authority, are prohibited.
1.5
No portion of a fence, including an associated retaining wall, shall be greater than 0.30 m (1 ft) in
thickness. Any variance to the thickness of a fence shall be referred to the Municipal Subdivision
and Development Authority for a decision.
1.6
The construction of a fence should be completed within 12 months of commencement and shall
be finished, where appropriate, by painting or staining the fence.
SECTION 2
LANDSCAPING STANDARDS AND SCREENING
2.1
The Development Authority may impose additional landscaping or screening requirements on a
development approval for a permitted or discretionary use to improve the quality or compatibility
of the proposed development.
2.2
Landscaping shall consist of any or all of the following:
(a)
vegetation (e.g., trees, shrubs, lawn, flowers);
(b)
ground cover such as large feature rocks, bark chip, field stone, crushed rock, or other similar
features.
2.3
Landscaping may consist of any or all of the following:
(a)
trees, shrubs, lawn, flowers;
(b)
large feature rocks, bark chips, field stone (Development Authority approval is required if this
type of landscaping exceeds 50% of the total landscaped area);
(c)
berming, terracing;
(d)
innovative landscaping features;
(e)
landscape ornaments;
(f)
other features that may include, but not limited to, front walkways and steps.
2.4
Parking lots for non-residential uses shall be landscaped and/or screened as required by the
Development Authority.
SECTION 3
LIGHTING
3.1
Where artificial outdoor lighting is provided to illuminate any parcel, building or site, the type,
location and orientation of lighting shall:
(a)
avoid direct illumination of the neighbouring properties;
(b)
not adversely affect the use, enjoyment and privacy of any adjacent dwelling; and
(c)
not interfere with traffic safety on public roadways.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 5 | 5
3.2
Outdoor lighting is to be mounted not more than 6.1 m (20 ft) above ground, excepting outdoor
lighting for public uses and lighting approved in conjunction with a development permit.
3.3
Site lighting may be required as a condition of development and any such lighting shall be located,
oriented and shielded so as not to adversely affect neighbouring properties or traffic safety on
public roadways.
SECTION 4
REFUSE COLLECTION AND STORAGE
4.1
In non-residential land use districts refuse and garbage shall be stored in suitable containers for
the applicable use within a land use district as per the Town's Utility Bylaw.
4.2
In non-residential land use districts, refuse and garbage holding areas, including containers and
compaction, shall be effectively screened from public view. The Development Authority may
require screening of refuse and garbage holding areas as a condition of development approval.
4.3
In all non-residential land use districts, refuse and garbage holding areas, enclosures, and
compaction areas are to be located a minimum of 7.6 m (25 ft) from an adjacent residential use.
4.4
All garbage holding areas, enclosures, and compaction areas shall be located and designed to
ensure adequate on-site maneuvering for refuse collection vehicles.
4.5
All refuse on any construction site shall be properly screened or placed in an approved enclosure
until removed for disposal.
PART 3: ACCESS / OFF-STREET PARKING / PARKING LOTS
SECTION 1
ROAD FRONTAGE AND ACCESS
1.1
All lots shall have frontage on a public roadway which enables direct physical and legal access onto
that public road. Frontage on a laneway alone will not be permitted. The minimum frontage
requirements shall be as defined by the minimum lot dimensions in the applicable land use district.
1.2
Location of the access to each development from a public roadway should be shown on the plot
plan submitted with the application for a development permit and is subject to the approval of the
Development Officer or Municipal Subdivision and Development Authority.
1.3
Vehicular access to a corner lot shall generally be limited to locations along the minor streets and
access will be determined by the Development Authority at the time of development approval.
1.4
Every vehicular entrance and exit shall be located at least 7.6 m (25 ft) from the intersection of
two streets, and a greater distance where reasonable and appropriate by the Development
Authority.
1.5
The Development Authority may require access to be located so that it can be shared with an
adjoining lot or development.
SCHEDULE 5 | 6
Town of Coalhurst Land Use Bylaw No. 462-25
SECTION 2
OFF-STREET PARKING REQUIREMENTS
2.1
The off-street parking and loading requirements and design standards apply to:
(a)
all new buildings and uses, and
(b)
the expansion or enlargement of existing buildings or uses.
2.2
In the case of expansion or enlargement of an existing building or use, additional off-street parking
spaces will be required to serve the expanded or enlarged area only, not the entire building or use.
2.3
Off-street parking requirements based on floor area are to be computed on the gross floor area
(GFA) of the building. Table 1, Minimum Required Off-Street Parking, shall be used to calculate
the minimum number of off-street parking spaces a use is required to provide.
2.4
Calculation of off-street parking requirements resulting in a fractional number of 0.5 or greater
shall be rounded up and rounded down when resulting in a fractional number of less than 0.5.
2.5
A multiple use development must provide parking in an amount equal to the number of spaces for
all uses, except where a shared parking provision is approved by the Development Authority.
2.6
A shared parking provision based upon the proposed sharing of parking spaces between two or
more uses must include a written agreement between the owners on record. Where such off-site
parking is approved, a caveat shall be registered against the lot to guarantee the continuous use
of the site for parking.
2.7
Where a use is not listed, minimum required off-street parking shall be provided as required by
the Development Authority having regard to the listed use that is most similar to the proposed
use. As an alternative, the Development Authority may require a parking study to be prepared by
a qualified professional at the applicant's expense to determine the parking requirements for a
use not listed in Table 1.
2.8
All required parking spaces shall be provided on the same lot as the building or use, except where
the Development Authority may permit off-site parking spaces to be provided on a lot within
152.4 m (500 ft) of the building or use if, in the Development Authority's opinion, it is impractical
to provide parking on the same lot as the building or use. Where such off-site parking is approved,
a caveat shall be registered against the lot to guarantee the continuous use of the site for parking.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 5 | 7
Table 1 - Minimum Required Off-street Parking
USE
MINIMUM PARKING SPACES
Drive-in/drive-through use
Entertainment establishment
1 space /5.1 m2 (55 ft2) of seating area plus 1 space
per employee
Shopping centre
1 space /23.2 m2 (250 ft2) of GFA
Convenience store
Recreation facility
1 space /27.9 m2 (300 ft2) of GFA
Financial institution
Grocery store
Personal service
Retail store
Service station/gas bar
1 space /37.2 m2 (400 ft2) of GFA
Automotive sales and/or service
Bulk oil / fuel station
Government service
Kennel
Office
1 space /46.5 m2 (500 ft2) of GFA
Construction supply and contractor
Equipment sales, rental and service
Intensive horticultural service
Light industry/manufacturing
Truck transportation/dispatch depot
Warehousing
Wholesale trade
1 space /65 m2 (700 ft2) of GFA
Car wash
Truck wash
1 space per employee
Restaurant
1 space per 4 seats plus employee parking
Health service
1 space per staff member and 1 space per
examination room
Hotel/motel
1 space per guest room
Mini storage
Outdoor storage
Salvage or wreckage yard
Waste disposal facility
As required by the Development Authority
SECTION 3
BARRIER-FREE OFF-STREET PARKING REQUIREMENTS
3.1
The minimum number of barrier-free parking spaces to be provided for the disabled shall be a
portion of the total number of off-street parking spaces required, in accordance with Table 2,
Barrier-Free Parking Spaces.
3.2
Each barrier-free parking space for the disabled shall be:
(a)
at least 3.7 m (12 ft) wide;
(b)
have a firm, slip-resistant and level surface;
SCHEDULE 5 | 8
Town of Coalhurst Land Use Bylaw No. 462-25
(c)
be clearly marked as being for the use of persons with disabilities only.
3.3
Where there are two or more adjacent barrier-free parking stalls, a 1.5 m (5 ft) wide access aisle
shall be provided between the stalls.
3.4
Barrier-free parking stalls shall be clearly identifiable in accordance with Safety Codes.
3.5
There must be a well-lit, distinguishable, barrier-free path of travel from the parking areas to the
building entrance.
3.6
It is recommended that an additional number of spaces be considered when the purpose or use of
the building facilities may cause an increase in the number of seniors or persons with disabilities
who require accessible parking, such as, but not limited to, medical services and restaurants.
Table 2 - Barrier-Free Parking Spaces
NUMBER OF PARKING SPACES REQUIRED
FOR A USE
NUMBER OF BARRIER-FREE SPACES REQUIRED FOR A USE
BY PERSONS WITH DISABILITIES
0-10
0*
11-25
1
26-50
2
51-100
3
for each additional increment of 100
or part thereof
1 additional stall
* Development is encouraged to provide at least one barrier-free parking space for use by persons with disabilities.
SECTION 4
LOADING SPACE REQUIREMENTS
4.1
One loading space shall be provided for each loading door for all commercial or industrial uses
unless determined by the Municipal Subdivision and Development Authority it is not necessary.
4.2
The minimum dimensions for a loading space shall be 3.1 m (10 ft) by 9.1 m (30 ft) with an overhead
clearance of 4 m (13 ft).
4.3
Each loading area shall provide a doorway into the building sufficient to meet the needs of the use
within the building.
4.4
Each loading area shall be designed in such a manner that it will not interfere with convenient and
safe pedestrian movement, traffic flow or parking.
4.5
The Development Authority may require additional loading areas or doors if, in the Development
Authority's opinion, such additional areas or doors are deemed necessary.
4.6
The Development Authority may consider a joint loading area for two or more uses if, in the
Development Authority's opinion, such a loading area would facilitate orderly development or
relieve congestion in the immediate area.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 5 | 9
SECTION 5
QUEUING REQUIREMENTS FOR DRIVE-THROUGH USES
5.1
Vehicle-oriented uses should be located only where the development will not adversely affect the
functioning of surrounding public roadways.
5.2
Queuing space should be provided as follows:
(a)
Gas station: 9.1 m (30 ft) from each end on pump island;
(b)
Bank machine: 22.9 m (75 ft) from bank machine window;
(c)
Car wash: 15.2 m (50 ft) from car wash entrance;
(d)
Any use that has an order box and pick-up window component: 30.5 m (100 ft) from order
box to pick-up window.
5.3
The minimum stacking space requirements in Section 5.2 may be varied by the Development
Authority depending upon the intensity of the proposed development.
5.4
All portions of the queuing lane shall be contained on the parcel on which the development is
located. The use of public lanes or roadway shall be prohibited as part of the queuing lane.
5.5
Queuing lanes should be located to the outer perimeter of the businesses parking lot wherever
possible, to avoid vehicles in queuing spaces from impeding/blocking other vehicles navigating
parking spaces.
5.6
Queuing lanes must provide sufficient space for turning and maneuvering, and be maintained by
the parcel owner.
SECTION 6
OFF-STREET PARKING DESIGN STANDARDS
6.1
Off-street parking areas shall be accessible and designed in a manner which will provide for orderly
parking in accordance with the minimum parking space dimensions in Table 3, Minimum Parking
Space Dimensions.
6.2
Parking space designs proposing tandem or stacked parking to a maximum of two vehicles per stall
may be approved by the Development Authority provided the spaces are for employee parking
only.
6.3
The stall width and depth requirements for an off-street parking space may be reduced by the
Development Authority where spaces are designed to accommodate compact vehicle parking.
6.4
Where a use or development may need to accommodate over-sized vehicles such as tractor-
trailers, large recreational vehicles, buses or other similar vehicles, the Development Authority
may require larger parking space and aisle dimensions.
6.5
Off-street parking areas shall be constructed in a manner which will permit adequate drainage,
snow removal, and maintenance.
6.6
Off-street parking spaces adjacent to a road right-of-way shall be provided with bumper blocks,
curbing or other similar protective feature to ensure public safety and prevent vehicle overhang.
6.7
The Development Authority may require that off-street parking areas or portions thereof be paved
as a condition of approval.
SCHEDULE 5 | 10
Town of Coalhurst Land Use Bylaw No. 462-25
Table 3 - Minimum Parking Space Dimensions
A: Parking Angle
B: Stall Width
C: Stall Depth
D: Aisle Width
Degrees
m
ft
m
ft
m
ft
0
2.4
8.0
6.7
22
3.7
12
30
2.7
9.0
5.5
18
3.5
11
45
2.6
8.5
6.1
20
3.9
13
60
2.6
8.5
6.4
21
5.5
18
90
2.9
9.5
5.6
18.5
7.3
24
Minimum Parking Space Dimensions
SECTION 7
DESIGN REQUIREMENTS FOR MULTI-STALL PARKING AREAS (PARKING LOTS)
7.1
The requirements of this section are in addition to any other requirement for multi-stall parking
areas contained in this bylaw.
7.2
For multi-stall parking areas of more than 20 total stalls, every 10 stalls should be interrupted by
landscaping or other site elements deemed appropriate by the Development Authority.
7.3
All multi-stall parking areas should incorporate Low Impact Development (LID) practices such as
tree filter boxes and curb-cuts where other LID storm water management tools have been
implemented on or adjacent to the site.
7.4
All multi-stall parking areas shall incorporate pedestrian rights-of-way at key points throughout
the parking area including but not limited to building or facility entrances and between aisle
intersections, in the form of walkways and crossings that are clearly delineated through the use of
techniques such as but not limited to:
(a)
paint;
(b)
context-appropriate signage;
(c)
texturized pavement, paving stone or interlocking brick;
(d)
raised crossings;
B
D
A
A: Parking Angle
B: Width Of Stall
C: Depth Of Stall
D: Width Of Aisle
C
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 5 | 11
(e)
bump-outs;
(f)
bollards and other site elements physically separating pedestrians from vehicle rights-of-way;
and
(g)
any other technique deemed appropriate by the Municipal Subdivision and Development
Authority.
7.5
All multi-stall parking areas shall be adequately illuminated and consideration of light shields
PART 4: INFRASTRUCTURE
SECTION 1
EASEMENTS
1.1
No structures shall be located within a registered easement.
1.2
All permanent structures shall be located a minimum of 3.1 m (10 ft), or such greater distance as
required by the Development Authority, from an easement registered for the protection of
municipal water mains and sewer mains or any other such infrastructure, as determined by the
municipality.
SECTION 2
UTILITIES AND SERVICING
2.1
The erection of a building on any site may be prohibited where it would otherwise be permitted
when, in the opinion of the Development Authority, satisfactory arrangements have not been
made for the supply of water, gas, electric power, sewage, street access or other services or
facilities necessary to serve the development.
2.2
All development shall be required to connect to both the municipal water supply and wastewater
system, except where in the opinion of the Development Authority, the development does not
require water and sewer.
SECTION 3
GRADING AND STORMWATER MANAGEMENT
3.1
The Development Authority may require as a condition of development approval:
(a)
engineered grading and drainage plans for the development and legal survey demonstrating
that engineered grades have been met;
(b)
grading and other measures, as appropriate, to control surface drainage, reduce or eliminate
grade difference between adjacent lots, and minimize erosion or slope instability;
(c)
the final grades of the development must be approved by the Development Authority before
the issuance of a building permit;
(d)
the applicant is responsible for ensuring adherence to final grades.
3.2
The construction of a retaining wall whenever, in the opinion of the Development Authority,
significant differences in grade exist or will exist between the lot being developed and any adjacent
lot or roadway. Where a retaining wall is required, the applicant shall submit to the Development
Officer plans identifying the design and specifications of development for review and approval by
the accredited Safety Codes Officer.
SCHEDULE 5 | 12
Town of Coalhurst Land Use Bylaw No. 462-25
3.3
Roof and surface drainage shall be directed either to the public roadway fronting the property, or
as approved by the Development Officer, to a rear or side property boundary or as approved in an
engineered stormwater management plan.
3.4
When discharging down spouts or sump hoses, the end point of the spout or hose must discharge
a minimum of 1.8 m (6 ft) from the front property line.
Schedule 6
USE SPECIFIC STANDARDS OF DEVELOPMENT
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 6 | 1
Schedule 6
USE SPECIFIC STANDARDS OF DEVELOPMENT
The standards in this schedule establish additional requirements for specific uses or structures. The General
Standards of Development in Schedules 4 and 5 and the requirements of the applicable land use district also apply
unless otherwise stated.
SECTION 1
ALTERNATIVE ENERGY SOURCES: SOLAR AND WIND
1.1
The Development Authority is authorized to issue development approvals for alternative energy
sources such as, but not limited to, solar panels, heat exchange systems, generators, turbines, etc.
provided that any additional approvals or standards required at the municipal, provincial and/or
federal levels are met or exceeded.
SOLAR ENERGY SYSTEM
1.2
A solar energy system attached to a wall or roof of a building may be permitted in any land use
district as an accessory structure subject to the following:
1.3
A solar collector mounted on a roof:
(a)
may project a maximum of 1.3 m (4 ft) from the surface of the roof and shall not exceed the
maximum height requirements of the applicable land use district; and
(b)
must not extend beyond the outermost edge of the roof.
1.4
A solar collector mounted to a wall:
(a)
must be located such that it does not create undue glare on neighbouring property or public
roadways;
(b)
must be located a minimum of 2.3 m (7.5 ft) above grade;
(c)
may project a maximum of 1.5 m (5 ft) from the surface of the wall, when the wall faces the
rear property line, subject to the setback requirements of the applicable land use district; and
(d)
may project a maximum of 0.6 m (2 ft) from the surface of the wall when the wall faces the
front, secondary front or side property line, subject to the setback requirements of the
applicable land use district.
1.5
A free-standing solar collector or a solar collector mounted to any structure other than a roof or
wall of a building shall be processed subject to the applicable land use district and shall be subject
to the setback requirements for accessory buildings and structures.
1.6
A free-standing solar collector or a solar collector mounted to any structure other than a roof or
wall of a building:
(a)
must be located such that it does not create undue glare on neighbouring property or public
roadways; and
(b)
must not exceed 1.8 m (6 ft) in height above existing grade.
SCHEDULE 6 | 2
Town of Coalhurst Land Use Bylaw No. 462-25
WIND ENERGY CONVERSION SYSTEMS, INDIVIDUAL
1.7
Small Wind Energy Systems shall require a development permit depending on their location, as
provided in the regulations for the land use districts in which they are allowed.
(a)
Type A Small Wind Energy System: This use is defined as a Small Wind Energy System that
is either roof mounted or has a tower which does not exceed 12.2 m (40 ft) in height.
(b)
Type B Small Wind Energy System: This use is defined as a Small Wind Energy System that
has a tower which is greater than 12.2 m (40 ft) in height but does not exceed 24.4 m (80 ft)
in height.
1.8
Applications for Small Wind Energy Systems shall include the following information where
applicable:
(a)
the manufacturers make and model number;
(b)
the manufacturer's specifications indicating:
- the SWES rated output in kilowatts
- safety features and sound characteristics
- type of material used in tower, blade, and/or rotor construction;
(c)
nature and function of over speed controls which are provided;
(d)
specifications on the foundations and/or anchor design, including location and anchoring of
any guide wires; and
(e)
site diagram with proposed system and location of existing buildings or improvements.
1.9
Prior to making a decision on a development application for a Small Wind Energy System, the
Municipal Subdivision and Development Authority may refer and consider the input of the Alberta
Utilities Board, Transport Canada, NavCanada, and any other federal or provincial agencies or
departments deemed necessary.
1.10
A Small Wind Energy System shall comply with all the setbacks that govern the principal use in the
district in which it is located.
1.11
No part of the wind system structure, including guy wire anchors, may extend closer than 3.0 m
(10 ft) to the property boundaries of the installation site.
1.12
The system's tower shall be set back a minimum distance equal to the height of the tower from all
parcel lines, and a minimum distance of 3.0 m (10 ft) from any other structure on the parcel on
which the system is located. On parcels 4.0 ha (10 acres) or more, the parcel line setback may be
reduced if the applicant demonstrates that:
(a)
because of topography, strict adherence to the setback requirement would result in greater
visibility of the system's tower than a reduced setback; and
(b)
the system's tower is set back a minimum distance equal to the height of the tower from any
structure on adjoining parcels.
1.13
The system's tower shall not exceed a maximum height of 12.2 m (40 ft) on a parcel of less than
0.4 ha (1 acre), a maximum of 19.8 m (65 ft) on a parcel of 0.4 ha (1 acre) to less than 2.0 ha
(5 acres), and maximum height of 24.4 m (80 ft) on a parcel 2.0 ha (5 acres) or more.
1.14
The Municipal Subdivision and Development Authority may place conditions on approval
regarding:
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 6 | 3
(a)
visual appearance of the system;
(b)
utility lines shall be underground where economically practical;
(c)
noise shall not exceed 45 dB(A), or in excess of 5 dB(A) above the background noise at the
property line, whichever is greater;
(d)
reclamation of the system.
SECTION 2
BED AND BREAKFAST ACCOMMODATIONS
2.1
The bed and breakfast shall be operated by a full-time resident of the dwelling.
2.2
The operation is limited to a maximum of five guest rooms and 10 guests at any one time in
addition to the full-time residents of the dwelling.
2.3
One off-street parking space is required for each guest room in addition to the off-street parking
requirements for the dwelling.
2.4
The residential character of the dwelling shall be maintained and be consistent with the intent of
the district.
2.5
Guest rooms shall not be permitted to contain cooking or kitchen facilities.
2.6
Meals may be provided to registered guests only.
2.7
The maximum length of accommodation for guests is limited to 14 consecutive days.
2.8
Signage for bed and breakfasts must comply with the following:
(a)
a maximum of one sign,
(b)
sign must be no greater than 0.7 m2 (8 ft2) in size, and
(c)
sign must be located in the structure window.
Request for more than one sign or a sign greater than 0.7 m2 (8 ft2) requires a separate
development permit application.
2.9
The applicant shall be responsible for compliance with the Alberta Health Standards and Guidelines
and the Alberta Building Code requirements for bed and breakfast accommodations.
2.10
The issuance of a development permit in no way exempts the applicant from obtaining a business
license from the Town and any other Provincial approvals that may be required.
SECTION 3
CANNABIS RETAIL STORE
3.1
A cannabis retail store shall not be approved if any portion of an exterior wall of the store is located
within 100 m (328 ft) of:
(a)
the boundary of a parcel of land on which a provincial health care facility is located;
(b)
the boundary of a parcel of land containing a school and school grounds/sports fields or
municipal sports field;
(c)
the boundary of a parcel of land that is designated as school reserve (SR) or municipal and
school reserve (MSR) under the Municipal Government Act; or
SCHEDULE 6 | 4
Town of Coalhurst Land Use Bylaw No. 462-25
(d)
the boundary of a parcel of land zoned Public Institutional - PI on the map in Schedule 1 Land
Use Districts.
3.2
A cannabis retail store shall not be approved if any portion of the exterior wall of the store is
located within 150 m (492 ft) of another retail cannabis store (measured to the exterior wall).
3.3
An application for a development permit must be made to the Development Officer by submitting:
(a)
floor plans, elevations and sections of the buildings;
(b)
verification of the Alberta Gaming and Liquor Commission (AGLC) of eligibility to obtain a
license; and
(c)
a detailed listing and site plan of surrounding business and uses, both on adjacent
(contiguous) parcels and those identified as sensitive sites as outlined in Section 3.1 above
within 200 m (656 ft) (drawn on a high quality and clearly legible site plan with text
descriptions).
3.4
The Municipal Subdivision and Development Authority may regulate the hours of operation of a
cannabis retail store.
SECTION 4
CHILD CARE FACILITY / DAY HOME
4.1
If determined by the Development Officer, prior to the Municipal Subdivision and Development
Authority meeting, the applicant for a child care facility may be required to meet and consult with
all adjacent land owners in the vicinity of where the use is proposed.
4.2
In any residential district, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
4.3
Signage for child care facilities must comply with the following:
(a)
a maximum of one sign,
(b)
sign must be no greater than 0.7 m2 (8 ft2) in size, and
(c)
sign must be located in the structure window.
Request for more than one sign or a sign greater than 0.7 m2 (8 ft2) requires a separate
development permit application.
4.4
The use shall not generate traffic problems within the district.
4.5
A minimum of one on-site parking space per employee must be provided at any given time.
4.6
A minimum of one on-site pick-up and drop-off space for every 10 children must be provided and
the location of passenger loading zones for child care facilities may be specified as a condition of
a development permit.
4.7
The use must have screening for any outdoor play areas to the satisfaction of the Municipal
Subdivision and Development Authority.
4.8
All applications for child care facilities shall, as a condition of approval, obtain the necessary
approvals required from regulatory agencies.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 6 | 5
SECTION 5
DWELLING GROUP
5.1
Design of the dwelling group shall consider the height, building design and nature of surrounding
residential development.
5.2
The arrangement of the structures in a dwelling group is subject to the approval of the Municipal
Subdivision and Development Authority and the requirements of the Alberta Building Code, as
amended.
5.3
A landscaping plan shall be submitted with the development permit application. The Development
Authority may require that a landscape plan be prepared by a professional. An irrigation plan may
also be required.
5.4
A minimum of 10% of the lot area is to be provided for common open space and on-site amenities
such as playground equipment, barbeque areas, recreation areas or other similar features. The
minimum open space requirement may be increased as required by the Development Authority
dependent upon the density of the proposed development.
5.5
A minimum 1.5 m (5 ft) wide landscaped buffer strip is required between the parking lot and an
adjacent residential lot. The Development Authority, depending on the intensity of the
development, may increase the minimum required width of the landscaped buffer strip.
5.6
The Development Authority may regulate the maximum density of apartments and multi-unit
dwellings within a block or subdivision based on the policies of the Municipal Development Plan
and consideration of:
(a)
density of existing development within the block;
(b)
adequacy and proximity of community facilities such as schools, shopping, recreational
facilities and open space;
(c)
adequacy of utilities to accommodate the proposed use;
(d)
impacts on future land uses and the street system; and
(e)
any other matters deemed pertinent by the Development Authority.
SECTION 6
GROUP CARE FACILITIES
6.1
A group care facility must be compatible with the character of the surrounding neighbourhood.
6.2
A landscaping plan shall be submitted with the development permit application. The Development
Authority may require that a landscaping plan be prepared by a professional. An irrigation plan
may also be required.
6.3
Minimum common open space requirements shall be as required by the Development Authority.
6.4
A minimum 1.5 m (5 ft) wide landscaped buffer strip is required between the parking lot and an
adjacent residential lot. The Development Authority, depending on the intensity of the
development, may increase the minimum required width of the landscaped buffer strip.
6.5
A landscaped buffer strip between a group care facility and an adjacent residential lot may be
required at the discretion of the Development Authority.
6.6
The Development Authority may regulate the maximum density of group care facilities within a
block or subdivision based on consideration of:
SCHEDULE 6 | 6
Town of Coalhurst Land Use Bylaw No. 462-25
(a)
density of existing development within the block;
(b)
adequacy and proximity of community facilities such as schools, shopping, recreational
facilities and open space;
(c)
adequacy of utilities to accommodate the proposed use;
(d)
impacts on future land uses and the street system; and
(e)
any other matters deemed pertinent by the Development Authority.
6.7
The applicant shall be responsible for complying with applicable provincial standards and obtaining
all necessary approvals required from regulatory agencies.
6.8
The issuance of a development permit in no way exempts the applicant from obtaining a business
license from the Town and any other provincial approvals that may be required.
SECTION 7
HOME OCCUPATIONS
7.1
Based on the information provided in the application, the Development Officer shall determine
what level of Home Occupation Permit will be required for operation using the chart below.
Home Occupation 1
Home Occupation 2
Located in dwelling or accessory building
Dwelling only
Dwelling or accessory
Customer/ client visits
None
Limited
Retail sales
Off premise only
Limited on premise
Non-Resident Employees
None
1
Commercial Vehicles & Trailers
None
Up to 2
Outside Storage
None
Limited
Parking Stalls
None required
One per employee plus
one for customers
7.2
The following information must be submitted when applying for a Home Occupation Permit:
(a)
proof of ownership and residency;
(b)
description of business;
(c)
materials, equipment and/or vehicles that will be used for the Home Occupation;
(d)
number of resident and non-resident employees;
(e)
number of business visits per day;
(f)
number of parking spaces on the property; and
(g)
type of signage for the Home Occupation
7.3
An approved home occupation shall be valid only for the period of time the property is occupied
by the applicant / owner for the approved use and the permit approval is non-transferable to
another location or owner.
7.4
No permit shall be issued if, in the opinion of the Development Officer or the Municipal Subdivision
and Development Authority, the home occupation would undermine the liveability standards of
the residential use of the property or any adjacent properties.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 6 | 7
7.5
A home occupation shall be incidental and subordinate to the principal residential use of the
dwelling and shall not change the external appearance or character of the dwelling. No permit
shall be issued if the parcel does not have a habitable residence, power, on-site potable water
supply, a sewage disposal system, and legal and physical access to a municipal road.
7.6
No advertising shall be permitted on the property except for one indirectly illuminated sign of 0.7
m2 (8 ft2) placed within the dwelling or accessory building or fence. Larger signage or requests for
more than one sign requires a separate development permit application.
7.7
Consideration shall be given to the potential for a home occupation to impact adjacent uses due
to noise, vibration, smoke dust or odours.
7.8
If at any time, in the opinion of the Development Officer or the Municipal Planning Commission,
the conditions of a Home Occupation Permit have not been complied with, the Development
Officer may issue a stop order, pursuant to section 645 of the Municipal Government Act.
7.9
Unless otherwise approved by the Municipal Subdivision and Development Authority, not more
than one home occupation shall be permitted on a parcel.
7.10
The use shall not generate more vehicular or pedestrian traffic and vehicular parking than normal
within the district. No commercial vehicle of a capacity greater than 681 kg (¾ ton) shall be parked
or maintained on a public road right-of-way or lane.
7.11
No use shall cause an increase in the demand placed on any one or more utilities (water, sewer,
garbage, etc.) such that the combined total consumption for a dwelling and its home occupation
exceed the normal demand for residences in the area. No use requiring electrical or mechanical
equipment shall cause a fire rating change in the structure or the district in which the home
occupation is located.
SECTION 8
MODULAR AND READY-TO-MOVE (RTM) HOMES
8.1
A Modular or Ready-to-Move Home A must comply with the following criteria:
(a)
factory built unit that meets CSA standards;
(b)
dwelling is securely fasten and placed on concrete basement;
(c)
minimum roof pitch shall not be less than 4/12;
(d)
minimum width of dwelling - 7.3 m (24 ft);
(e)
maximum length of dwelling - 20.0 m (66 ft); and
(f)
maximum height of exposed foundation - 0.6 m (2 ft).
8.2
A Modular or Ready-to-Move Home B must comply with the following criteria:
(a)
factory built unit that meets CSA standards;
(b)
dwelling is securely fasten and placed on concrete slab or strip footing, pile or pier footing
and may be screened;
(c)
minimum roof pitch shall not be less than 4/12;
(d)
minimum width of dwelling - 7.3 m (24 ft);
(e)
maximum length of dwelling - 20.0 m (66 ft); and
(f)
maximum height of exposed foundation - 0.6 m (2 ft).
SCHEDULE 6 | 8
Town of Coalhurst Land Use Bylaw No. 462-25
8.3
The approval authority shall issue a development permit for a modular or ready-to-move (RTM)
home A or B provided that:
(a)
the design, character, and appearance (including roof lines/material and exterior finish) of
modular homes shall be consistent with the purpose of the district in which the building is
located and shall take into account any other buildings existing in the vicinity;
(b)
to ensure compatibility of housing types, the variation of roof lines between modular homes
or RTM homes and conventional homes may be limited. Generally, dwellings should not be
more than 0.6 m (2 ft) higher or lower than an adjacent home;
(c)
at the discretion of the Development Officer or the Municipal Subdivision and Development
Authority, the exterior finish, colour and roofing material may be stipulated as a condition of
approval;
(d)
the dwelling shall conform to any architectural controls that may apply.
8.4
As a condition of approval, the Development Officer or the Municipal Subdivision and
Development Authority, at their discretion, may place other conditions on a development permit
including the requirement that the developer provide landscaping, fencing, address drainage
issues, or other such matters it considers necessary if, in his or its opinion, they would serve to
improve the quality or compatibility of any proposed development.
8.5
The building and the land upon which it is to be located shall be subject to all conditions and
regulations specified for the particular land use district set out in the Land Use Bylaw.
8.6
The building, when completed, shall meet or exceed provincial building requirements.
8.7
The applicant/developer must submit professional building plans illustrating the exterior design,
floor plan, elevations and setbacks.
8.8
The quality of the completed building shall be at least equal to the quality of the other buildings in
the area.
8.9
If there is any doubt as to the required standards being met, the Development Officer may refer
the application to the Municipal Subdivision and Development Authority for a decision.
8.10
The Development Officer or Municipal Subdivision and Development Authority may require a bond
or irrevocable letter of credit of a minimum $5000.00 to a maximum value of up to 50% of the
assessed value of the building to ensure the conditions of the development permit for a principal
building are met.
SECTION 9
MOVED-IN BUILDINGS AND MOVED-IN DWELLINGS
9.1
The building and the land upon which it is to be located shall be subject to all conditions and
regulations specified for the particular land use district set out in the Land Use Bylaw.
9.2
The building shall comply with all provincial and municipal health and fire regulations prior to
occupancy and release of cash deposit.
9.3
The quality of the completed building shall be at least equal to or better than the quality of the
other buildings in the area.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 6 | 9
9.4
The requirements of the building shall be established by the Municipal Subdivision and
Development Authority at the time of approval of the application and shall form a part of the
conditions of the development permit.
9.5
A limit of the time of completion and full compliance with all stipulated requirements shall be
established by the Municipal Subdivision and Development Authority at the time of the approval
of the application.
9.6
The application should be accompanied by recent colour photographs of all elevations of the
moved-in building.
9.7
The Development Officer shall require a minimum of $2,000 in cash to ensure the conditions of
the development permit are met. If the cost to complete the work in the conditions of approval is
greater than the cash deposit, construction may be completed by the Town and additional costs
may be charged against the property taxes.
9.8
Return of the posted bond is contingent on the Development Officer verifying the completion of
all the conditions of this schedule and the development permit, such as:
(a)
sod being installed in the front yard,
(b)
siding on the structure,
(c)
hard surface or gravel in a parking area,
(d)
walkway from the dwelling to the sidewalk,
(e)
down spouts for drainage, and
(f)
other aspects required in the development permit.
9.9
Should an on-site inspection by the Development Officer be required prior to the moving of the
structure, this will be at the applicant's expense.
SECTION 10
PAWNSHOPS AND PAYDAY LOAN BUSINESSES
10.1
All pawnshops and payday loan businesses shall be located in standalone buildings.
10.2
Pawnshops or payday loan businesses will not be considered as a use within buildings on any site
that is within the following distances when measured in a straight line from the closest point of
the lot on which the use is proposed to the closest point of a lot containing one or more of the
following regardless of obstructions:
(a)
200 m (656 ft) of a site that has a residential land use designation, or that is identified for
residential use in an Area Structure Plan or the Municipal Development Plan;
(b)
400 m (1,312 ft) of any other pawnshop, payday loan business, or licensed establishment;
(c)
400 m (1,312 ft) of a school site.
10.3
A request to reduce the minimum separation distances as required in Section 8.2 shall not be
considered by the Municipal Subdivision and Development Authority or the Municipal Subdivision
and Development Appeal Board.
10.4
On sites where a building is used as a pawnshop, the site shall not have outdoor storage for any
goods or materials.
SCHEDULE 6 | 10
Town of Coalhurst Land Use Bylaw No. 462-25
10.5
One parking space will be required for every 46.5 m2 (500 ft2) of gross floor area. Employee parking
will be based on the number of employees.
SECTION 11
PRIVATE SWIMMING POOLS
11.1
Private swimming pools shall be classified as an accessory structure.
11.2
Any private swimming pool with a design depth greater than 0.6 m (2 ft) shall be constructed and
fenced in accordance with Safety Codes requirements.
11.3
Temporary inflatable above ground swimming pools and above ground hot tubs do not require a
development permit, but are subject to Safety Codes and may require a building permit.
11.4
Construction of an in-ground swimming pool and swimming pools that are attached to a deck
require a development permit and are subject to the following additional standards:
(a)
placement of a swimming pool shall be limited to the side and rear yard only;
(b)
swimming pools are subject to the setback requirements for accessory structures in the
applicable land use district;
(c)
swimming pools are subject to the maximum lot coverage requirements for accessory
structures in the applicable land use district.
SECTION 12
SATELLITE DISHES AND RADIO OR TELEVISION ANTENNA
12.1
In all residential land use districts and the transitional district:
(a)
satellite dishes greater than 1 m (3 ft) in diameter or radio or television antenna shall be
classified as an accessory structure and shall be placed in the rear or side yard;
(b)
satellite dishes greater than 1 m (3 ft) in diameter shall not be mounted or attached to the
roof of any dwelling or accessory building and shall not be illuminated or contain advertising
other than the manufacturer's trademark or logo.
12.2
The Development Authority may approve the installation of a satellite dish on the roof of any
building or portion thereof if, in its opinion, such an installation does not:
(a)
constitute a public safety hazard;
(b)
compromise the structural integrity of the building; or
(c)
may be unreasonably obtrusive.
12.3
Radio and television antennas, which are not regulated by Science, Innovation and Economic
Development Canada , are classified as an accessory structure.
SECTION 13
SIGNS
13.1
The following signs do not require a sign permit, but shall otherwise comply with this bylaw and
be suitably maintained to the satisfaction of the Development Authority:
(a)
Any construction sign which do not exceed 2.9 m2 (32 ft2) in area, provided such signs are
removed within 14 days of the completion of construction shall not require a development
permit.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 6 | 11
(b)
Any banner signs which are displayed for a period of time not exceeding 30 days shall not
require a development permit.
(c)
Signs, notices, placards, or bulletins required to be displayed in accordance with the
provisions of federal, provincial, or municipal legislation; by or on behalf of the federal,
provincial, or municipal government; or on behalf of a department, a commission, a board, a
committee, or an official of the federal, provincial, or municipal government shall not require
a development permit.
(d)
Any traffic or directional and informational signage erected by the Town, Province of Alberta
or Federal government shall not require a development permit.
(e)
Any municipal signs for municipal purposes (e.g. traffic or directional information signage,
community service bulletin board signs, etc.) shall not require a development permit.
(f)
Any residency identification signs which state no more than the name and/or address of the
person(s) occupying the lot, provided the sign is no greater than 0.4 m2 (4 ft2) in area shall
not require a development permit.
(g)
Entrance or exit signs used for the purpose of directing traffic providing those signs that do
not display any advertising message, other than a business logo; the sign area does not
exceed 0.9 m2 (10 ft2) in area; and the sign height does not exceed 1.2 m (4 ft.), shall not
require a development permit.
(h)
A-board signs, where the owner of the sign submits written authorization
from the owner of the land where the sign is to be located and where the
sign is removed from that location on a daily basis, shall not require a
development permit.
(i)
The alteration of a sign which only includes routine maintenance, painting
or change in face, content or lettering and does not include modification to
the sign structure or projection style shall not require a development
permit.
(j)
Any real estate signs, provided all such signage is removed within 30 days after the sale or
lease of the premises upon which the sign is located and real estate open house A-board
signs, provided they are removed within 24 hours of the open house shall not require a
development permit.
(k)
Any window sign painted on, attached to or installed on a window provided that no more
than 50% of the subject window area is covered shall not require a development permit.
(l)
Any political poster signs, provided all such signage is removed within five days after the
closing of the polling stations for the relevant election or plebiscite and comply with the
following requirements shall not require a development permit:
(i)
signs cannot emit sound, use video features or be illuminated;
(ii)
signs shall be maintained in a condition that is neat and shall not be unsightly or
dangerous;
(iii)
signs shall not interfere with the safe and orderly movement of pedestrians or vehicles,
or restrict the sight lines for pedestrians or motorists;
(iv)
signs shall not exceed 0.9 m2 (10 ft2) in area, 1.2 m (4 ft) in height, and be self-
supporting; and
(v)
signs shall not be posted for more than 60 days;
SCHEDULE 6 | 12
Town of Coalhurst Land Use Bylaw No. 462-25
(m) One temporary portable sign per parcel located on site not more than 14 days shall not
require a permit.
13.2
The following signs are prohibited in the municipality:
(a)
Signs which employ revolving, flashing or intermittent lights, or lights resembling emergency
services, traffic signals, railway crossing signals, hazard warning devices or other similar
lighting but does not include changeable content, sign projection styles or animation and
signs which emit amplified sounds or music are prohibited.
(b)
In any non-residential district, signs that employ changeable content, animation or pictorial
scenes at a luminosity, intensity and/or interval which may create a public hazard or nuisance
are prohibited.
(c)
Any signs located within the public right-of-way or on public property, except for signs
approved by the Town of Coalhurst, are prohibited.
(d)
Signs that are attached to or appearing on any vehicle or trailer which is parked on a public
right-of-way or any other public lands or on private land that is located adjacent to a public
right-of-way with the intent/purpose of displaying the sign to motorists and the public for
any period of time excepting signs for special events organized by a non-profit association,
group or organization for a display time period not to exceed 24 hours, are prohibited.
(e)
Billboards are prohibited.
13.3
All signs within the municipality must adhere to the following general standards and regulations:
(a)
Unless otherwise specified, a Development Permit application is required for all signs.
(b)
The Development Officer may refer any Development Permit application for a sign to the
Municipal Subdivision and Development Authority for a decision.
(c)
All signs shall be compatible with the general character of the surrounding streetscape and
the architecture of nearby buildings. All signs shall be of quality construction and of a design
suitable for public display and all signs shall be maintained in good repair and a safe and tidy
manner.
(d)
No sign shall be placed in a public road or laneway or sited in such a manner that the sign
causes confusion with or obstructs the vision of any information sign or a traffic control sign,
signal, light or other traffic device. Any sign which creates a traffic or pedestrian hazard either
due to its design or location shall not be permitted.
(e)
A sign shall be located entirely within the subject lot unless prior written approval granting
permission for the sign to overhang another property is submitted to the Town by the
affected property owner. A sign shall not be attached to a public bench, light standard, utility
pole or any other publicly owned structure or building without prior written authorization
from the Town.
(f)
Sign alterations (e.g. change in size, shape, type, illumination, sign projection style, etc.) shall
not be made without first obtaining the required permits or written authorization.
(g)
In all cases, the required distance from overhead power and service lines, as set forth in the
Electrical Protection Act, shall be maintained.
(h)
The source of light for all sign illumination shall be steady and suitably shielded.
(i)
Any abandoned sign shall be removed at the property owner's expense. If abandoned signs
are not removed, the Town may remove the sign.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 6 | 13
(j)
Non-compliance with any regulation of this bylaw may result in the Town removing a sign
without notice and any cost associated with its removal may be charged to the sign owner.
A sign recovery charge of will be required to be paid prior to the return of the sign to the
owner.
13.4
Portable and temporary signs only shall be permitted subject to the following limitations:
(a)
All portable signs require a development permit but may be allowed without a permit for the
announcement of special events, sales, or circumstances where a sign is needed for short
specified time periods at the discretion of the Development Authority.
(b)
Portable signs projected using animation, digital or electronic changeable copy shall be at the
discretion of the Municipal Subdivision and Development Authority.
(c)
A development permit for a portable sign will be valid for a period of no longer than 60 days.
(d)
Once the permit has expired for a portable sign at a location address, application for another
portable sign on the same site shall not occur until 30 days has elapsed from the expiration
of the previously approved permit or 30 days from the date at which the portable sign is
removed, whichever is the later of the two dates.
(e)
Portable signs shall not be allowed in any residential land use district unless placed on Town
boulevards and permission has been obtained from the Development Authority.
(f)
No more than one portable sign per business frontage or where there are two or more
frontages, a total of two portable signs may be located on a single lot or premises, except in
a designated tourism signage area where more than two portable signs may be located at the
discretion of the Municipal Subdivision and Development Authority.
(g)
No portable sign (including electrical cords) shall be placed on or extend over or project into
any municipal property or beyond the boundaries of the private lot or premises upon which
it is sited without the written authorization of the Development Authority.
(h)
All portable signs shall be located within the property lines of the location address shown on
the development permit application.
(i)
The proposed advertising copy and/or business shall be indicated at the time of the
development permit application.
(j)
The Development Authority may require the posting of a security with the Town to ensure
compliance with any and all conditions of approval and the removal of the sign on or before
the date of expiry of the permit.
(k)
A portable sign shall not be allowed to locate or remain on a site without a development
permit, whether the sign displays any advertising or not.
(l)
The Development Authority must only approve the location of the portable sign on the
premises after having given due consideration for the location of power supply, sight lines
visibility, parking pattern on the site and/or any other site specific development constraints
that the Development Authority considers relevant.
(m) The copy area of a portable sign shall not exceed 4.6 m2 (50 ft2).
13.5
The content of any sign type may be displayed using one or a combination of more than one of the
following display styles:
(a)
Lettering/Logo: means the sign content contains simple wording, lettering, logo or graphics
that are not animated, moving or cannot be changed automatically.
SCHEDULE 6 | 14
Town of Coalhurst Land Use Bylaw No. 462-25
(d)
Movement/Motion: means the sign, sign content or a portion of the sign conveys its message
to the public through the movement or motion of its mechanical parts. Typical signs using
this projection style include rotating signs.
13.6
Any change in display style requires the submission of a new development permit application.
13.7
Any sign may be considered illuminated if it is lighted by or exposed to artificial lighting either by
lights on or in the sign or directed toward the sign. Illuminated signs are regulated by the Land
Use Bylaw.
FREESTANDING SIGNS
13.8
All freestanding signs require a development permit.
13.9
Freestanding signs shall have a minimum separation distance of 30.0 m (98 ft) for those signs
located on the same side of a roadway.
13.10
Except for monument signs, the maximum height of a freestanding sign shall be 6.1 m (20 ft) with
a minimum clearance from the bottom of the sign to the ground of 3.05 m (10 ft) (see Figure 6.1
where Dimension A = 6.1 m and Dimension A minus C = 3.05 m). Minimum clearance does not
apply to pylon signs.
13.11
The total sign area for each face shall not exceed 7.0 m2 (75 ft2). Sign area is depicted in Figure
13.1 as dimension B multiplied by dimension C.
Figure 13.1
FACSIA SIGNS
13.12
The total maximum sign area permitted for fascia signs is 20% of the area formed by each building
face or bay. For large walls, no fascia sign shall exceed a maximum coverage size of 9.3 m2 (100 ft2).
13.13
A fascia sign shall not project more than 0.3 m (1 ft) from the face of a building.
Figure 13.2
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 6 | 15
13.14
A fascia sign shall not be located above any portion of a street, or project over public property,
unless the fascia sign maintains a minimum clearance from grade of 2.4 m (8 ft) and the maximum
projection shall be no greater than 0.3 m (1 ft).
Window Signs
13.15
A window sign painted on, attached to or installed on a window may cover no more than 50% of
the subject window area.
Mural Signs
13.16
No more than one mural sign shall be allowed per building unless specifically authorized by the
Municipal Subdivision and Development Authority.
13.17
The location, theme, construction materials and size associated with the mural shall be to the
satisfaction of the Development Authority.
13.18
The mural must be a painting or other decorative work (artistic rendering/scene) and no mural
shall be created to solely display a commercial message or depiction.
13.19
The Development Authority may require that the mural content be reflective of the Town's history
and/or heritage.
13.20
Display of text, including a business name or commercial message, within a mural shall not exceed
10% coverage of the wall surface area, up to a maximum coverage size of 9.3 m2 (100 ft2).
PROJECTING SIGNS
13.21
Projecting signs shall be placed:
(a)
at right angles to the building face to which
they will be attached; or
(b)
in the case of corner sites, placed at equal
angles to the building faces that form the
corner.
13.22
Projecting signs shall have a minimum vertical clearance of 2.4 m (8 ft) measured between the
lower sign edge and grade and shall not project more than 0.9 m (3 ft) from the surface of the
building to which it is attached.
13.23
The maximum allowable height for a projecting sign, measured from the top of the sign to grade,
shall not exceed the lesser of:
(a)
the height of the eave line or roof line,
(b)
6.1 m (20 ft), or
(c)
to the satisfaction of the Development Authority.
Canopy Signs
13.24
No part of a canopy sign shall project more than 1.2 m (4 ft) over a public sidewalk or within 0.9 m
(3 ft) of a curb adjoining a public roadway and shall be mounted no less than 2.4 m (8 ft) above
grade.
Figure 13.3
SCHEDULE 6 | 16
Town of Coalhurst Land Use Bylaw No. 462-25
(b)
6.1 m (20 ft), or
(c)
to the satisfaction of the Development Authority.
Canopy Signs
13.24
No part of a canopy sign shall project more than 1.2 m (4 ft) over a public sidewalk or within 0.9 m
(3 ft) of a curb adjoining a public roadway and shall be mounted no less than 2.4 m (8 ft) above
grade.
13.25
A canopy sign or any physical supports for the sign shall not extend beyond the lateral or vertical
dimensions of the canopy or its apron.
13.26
Approval of any canopy signage overhanging public land under the sign regulations is conditional
upon the owners and/or occupiers of the premises upon which said sign is located entering into
an encroachment and hold harmless agreement with the Town of Coalhurst. The agreement may
be registered on title.
13.27
The copy area of the sign shall not exceed 50% of the exposed edge or face of the canopy, awning
or marquee.
SECTION 14
SHIPPING CONTAINERS
14.1
Shipping containers shall only be allowed in land use districts where listed as a permitted or
discretionary use Schedule 2. Shipping containers are prohibited in all other districts.
14.2
Any shipping container shall be subject to the following general standards:
(a)
An application for a development permit for a proposed shipping container must be
completed and submitted to the Development Officer accompanied by the applicable
application fee and a minimum of two recent colour photographs of each container (one end
view and one side view).
(b)
There shall be a legal primary use on the property where the shipping container is proposed.
(c)
Shipping containers are permitted to be used for storage only and shall not be used as a
building or a construction material.
(d)
The Development Authority may regulate the maximum number of shipping containers
permitted on a lot.
(e)
The Development Authority may regulate the maximum height of shipping containers.
(f)
The Development Authority may require as a condition of approval that a shipping
container(s) be screened from view or landscaped to make it aesthetically pleasing.
(g)
The Development Authority may require as a condition of approval that any shipping
container be sandblasted and/or painted a neutral or complementary colour to match the
existing building(s) on the property.
(h)
The Development Authority may require as a condition of approval that the exterior of the
shipping container be kept clean and regularly painted in a neutral or complementary colour
to match the existing building(s) on the property.
(i)
The Development Authority may regulate the time period for which a development permit
for a shipping container(s) is valid through the issuance of a temporary permit.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 6 | 17
(j)
Removal of the shipping container(s) at the expiration of the permit shall be at the expense
of the applicant and/or landowner. The Development Authority may require as a condition
of approval the posting of a bond or a security guaranteeing the removal of the container
and/or compliance with the conditions of the permit.
14.3
A permanent shipping container is subject to the following additional provisions:
(a)
the maximum lot coverage and setback requirements for accessory structures in the
applicable land use district;
(b)
the shipping container may only be permitted in the secondary front, rear, or side yard;
(c)
the shipping container shall not display advertising, company logos, names or other
marketing without an approved sign permit.
14.4
A shipping container may be placed temporarily on a construction site for the period of
construction, in any land use district where listed as a permitted or discretionary use with an
approved development permit, subject to the following provisions:
(a)
temporary shipping containers are subject to the standards in Section 13.2 above;
(b)
the shipping container is needed in connection with construction of a development for which
a development permit has been issued;
(c)
the construction site is active (i.e., construction has commenced and is on-going or is about
to commence within one week); placement of a shipping container on an inactive
construction site is prohibited;
(d)
setbacks for a temporary shipping container shall be as required by the Development
Authority;
(e)
the Development Authority has the authority to determine the maximum amount of time a
shipping container is permitted on a lot; and
(f)
the shipping container shall be removed immediately upon completion of construction or
sooner as may be required by the Development Authority.
SECTION 15
SHOW HOMES
15.1
The construction of or use of a new, unoccupied dwelling unit for the purpose of a show home for
the sale or marketing of other dwelling units by a builder or developer within a subdivision or
development may be approved as a temporary use in all residential land use districts.
15.2
A dwelling occupied as a residence shall not be used as a show home, sales office or as a facility to
demonstrate a builder's construction quality or methods.
15.3
The show home shall not be open to the public for viewing until the road accessing the show home
is developed to municipal standards.
15.4
There shall be a sign posted at the show home identifying it as such.
15.5
The advertised hours that the show home is open to the public shall not be earlier than 9:00 am
or later than 9:00 pm.
15.6
Conditions of the permit do not limit the private showing by appointment of the show home at
any time.
Schedule 7
DEFINITIONS
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 7 | 1
Schedule 7
DEFINITIONS
In this bylaw, a word importing the singular number of the masculine gender may include the plural number of the
masculine gender, the singular number or plural number of the feminine gender, or may also refer to corporate
bodies, as the context requires.
A
A-BOARD means a temporary portable sign which is set on the ground, built of two similar pieces of material and
attached at the top by a hinge(s) so as to be self-supporting when the bottom edges are separated from each other
and designed and built to be easily carried by one person.
ACCESSORY BUILDING means any building that is physically separate from the principal building on the lot on which
both are located and which is subordinate and incidental to that of the principal building. The use is subordinate
and incidental to that of the principal use of the site on which it is located. No accessory building shall be used for
human habitation.
ACCESSORY STRUCTURE means a structure that is detached from the principal building. It is ancillary, incidental,
and subordinate to the principal building or use. Typical accessory structures include flagpoles, swimming pools,
and storage tanks. When a structure is attached to the principal building by a roof, a floor, a wall, or a foundation,
either above or below grade, it is considered part of the principal building. No accessory structure shall be used for
human habitation.
ACCESSORY USE means a use or development customarily incidental and subordinate to the principal use or building
and is located on the same parcel as such principal use or building. A principal use must be legally established or
approved before an accessory use can be approved.
ADDITION means construction that increases the footprint of an existing building or structure on the parcel of land.
Typically there will be a common connection from the existing building to the addition that includes a foundation of
some type beneath the addition.
ADJACENT LAND or ADJACENT means land that is contiguous to a parcel of land proposed for development,
subdivision or redesignation and includes land that would be contiguous if not for a road, railway, walkway,
watercourse, water body, utility lot, right-of-way, reserve land or other similar feature.
ADULT ESTABLISHMENT means commercial establishments in which a significant portion of the business is to:
(a)
display, sell, have in their possession for sale, offer for view, publish, disseminate, give, lease, or otherwise
deal in any written or printed matter, pictures, films, sound recordings, machines, mechanical devices,
models, facsimiles, or other material and paraphernalia depicting sexual conduct or nudity and which
exclude minors by reason of age; and/or
(b)
which display for viewing any film or pictures depicting sexual conduct or nudity and which exclude minors
by reason of age; and/or
(c)
in which any person appears or performs in a manner depicting sexual conduct or involving nudity and
from which minors are excluded by reason of age.
SCHEDULE 7 | 2
Town of Coalhurst Land Use Bylaw No. 462-25
AGRICULTURAL BUILDING means a structure associated with and generally essential to an agricultural operation.
Such structures or facilities may include, but are not limited to, the following: machine sheds, storage sheds,
granaries, grain bins, silos, animal housing and/or feeding facilities, repair shops, corrals, pens, and other ancillary
farm structures.
ALTER or ALTERATION means any structural change to a building that results in an increase or decrease in the area
or the volume of the building; any change in the area frontage, depth, or width of a lot that affects the required yard,
landscaped open space, or parking requirements of this bylaw; structural change to a sign; and to discontinue or
change the principal use of the site or building with a use defined as being distinct from the discontinued use.
ALTERNATIVE ENERGY, SOLAR means energy that is renewable or sustainable that is derived from sunlight and is
primarily produced for consumption by the landowner, resident or occupant.
AMENITY AREA means an area(s) within the boundaries of a development intended for recreational purposes. These
may include landscaped areas, patios, balconies, swimming pools, beaches, and other similar items that are intended
for public use.
AMUSEMENT FACILITY means development for amusement pastimes, and may incorporate eating facilities as an
accessory use. Such uses may include, but are not limited to, amusement arcades, billiard parlours, bingo halls,
bowling alleys and indoor mini-golf.
ANIMAL CARE SERVICE, LARGE means any establishment maintained and operated by a licensed veterinarian for
the on-site or off-site treatment of animals. The development may also be used for on-site boarding, breeding or
training of animals and livestock. The facility may also include outside buildings and pens associated with the service
and the supplementary sale of associated animal care products. Typically, this use will include veterinary offices or
hospitals, animal shelters, and facilities for impounding and quarantining animals.
ANIMAL CARE SERVICE, SMALL means development for the on-site treatment and/or grooming of small animals
such as household pets, where on-site accommodation may be provided and where all care and confinement
facilities are enclosed within one particular building. This use may also include the supplementary sale of associated
animal products. Typically, this use will include pet grooming salons, pet daycares, pet clinics and veterinary offices.
ANIMATION means a projection style where action or motion is used to project sign content, including lighting
changes, special effects or pictures, but does not include changeable content.
AUCTIONEERING FACILITY means any facility where animals or goods are regularly bought, sold, or traded to the
highest bidder. The facility may also include holding pens and viewing areas, transport facilities, spectator seating,
and administrative offices. This definition does not apply to individual sales of animals or goods by private owners.
AUTO BODY AND PAINT SHOP means a building where motor vehicles are repaired and also where motor vehicle
bodies and parts, and other metal machines, components, or objects may be painted. Painting of this type shall not
be done outdoors, but must be set up in a properly ventilated building. This use may also include an outdoor storage
area and an office component. Also see SANDBLASTING FACILITIES.
AUTO SALES AND SERVICE means the retail sale, lease, or rental of new or used automobiles and/or recreational
vehicles and/or a facility for the repair and servicing of automobiles and/or recreational vehicles including, but not
limited to, mufflers, oil changes, transmissions, engine replacement, glass repair and auto detailing. Such facilities
do not include the sale of gas but may include towing services as an accessory use.
AUTO WRECKAGE AND SALVAGE YARD means a facility or operation specifically intended for the dismantling of
automotive vehicles and the sale of those parts to the general public. Such a facility may include an administrative
office, work areas, and outdoor storage. The parcel of land on which the facility exists must be completely fenced
according to Town standards.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 7 | 3
AWNING means an adjustable or temporary roof-like covering fitted over windows and doors and used for shelter,
advertising or decoration. See CANOPY SIGN.
B
BALCONY means a platform, attached to and projecting from the face of a principal building with or without a
supporting structure above the first storey, normally surrounded by a baluster railing and used as an outdoor porch
or sundeck with access only from within the building.
BASEMENT means the portion of a building or structure which is partially or wholly below grade and having its floor
below grade by a distance greater than one-half the distance from floor to ceiling.
BANNER SIGN means a temporary sign that is made of lightweight material intended to be secured to the flat surface
of a building or structure, at the top and the bottom on all corners, excluding official flags and emblems.
BED AND BREAKFAST means an accessory use carried out in an owner-occupied dwelling where temporary
accommodation is provided to non-residents of the dwelling for remuneration, and where meals, if provided for
guests, are prepared in the common kitchen of the principal residence.
BERM means a barrier, typically constructed of mounded earth, used to separate incompatible areas, uses, or
functions, or to protect a site or development from noise.
BILLBOARD SIGN means a structure constructed to provide a medium for advertising where the subject matter is
not necessarily related to a use at or around the parcel on which the billboard is located and where the copy can be
periodically replaced.
BUFFER means open spaces, landscaped areas, fences, walls, hedges, trees, shrubs, berms or other similar features
used to physically and/or visually separate incompatible uses, areas, functions, sites, buildings, roadways, districts,
etc.
BUILDING has the meaning defined in the Municipal Government Act and includes anything constructed or placed
on, in, over or under land, but does not include a highway or road or a bridge that forms part of a highway or road.
BUILDING ENVELOPE means the space created on a lot or parcel within which a building may be constructed once
the setback requirements for a specific zoning district have been considered.
BUILDING GRADE (as applied to the determination of building height) means the average level of finished ground
adjoining the main front wall of a building (not including an attached garage), except that localized depressions such
as for vehicle or pedestrian entrances need not be considered in the determination of average levels of finished
ground.
BUILDING HEIGHT means the vertical distance between grade and the highest point of a building excluding a roof
stairway entrance, elevator housing, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a fire wall or a
parapet wall and a flagpole or similar device not structurally essential to the building.
BUILDING INSPECTOR means the person or persons hired to be the chief building inspector or building inspectors in
and for the Town of Coalhurst.
BUILDING PERMIT means a certificate or document issued by the Safety Codes Officer pursuant to provincial
legislation authorizing commencement of construction.
SCHEDULE 7 | 4
Town of Coalhurst Land Use Bylaw No. 462-25
BUILDING SETBACK means the shortest distance between the exterior foundation wall of the building and the
nearest lot line. Depending on the zoning district, the minimum setback will vary.
BUILDING WIDTH, MINIMUM means the minimum horizontal distance of the building's living space measured
parallel to the shortest exterior wall of the building and perpendicular to the longest exterior wall of the building
and excludes porches, decks, patios, balconies, carports, garages, unheated storage space, porte-cochere and other
similar architectural features.
BULK FUEL STATION means a use of land or buildings for storing and distributing petroleum products in bulk
quantities. This use includes supplementary tanker vehicle storage and card lock or key lock fuel distribution
facilities.
BUSINESS means a commercial, merchandising, or industrial activity or undertaking, a profession, trade, occupation,
calling or employment or an activity providing goods or services, whether or not for profit and however organized
or formed, including a cooperative or association of persons.
BUSINESS SUPPORT SERVICE means an establishment primarily engaged in providing services for other business
establishments such as advertising, copying, equipment, financial services, employment services, and other similar
services.
C
CAMPGROUND means a use of land or buildings intended for seasonal occupancy by holiday or tent trailers,
recreation vehicles, tents and similar equipment and which may include supplementary bathroom and recreational
facilities, eating shelters, convenience retail, laundry facilities and dwelling accommodations for the operator.
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.
CANNABIS ACCESSORY means cannabis accessory as defined in the Cannabis Act (Canada) and its regulations, as
amended from time to time.
CANNABIS RETAIL STORE means the use of a store, premises or a building for a commercial retail cannabis business,
licensed by the Province of Alberta, where legal non-medical cannabis and cannabis accessories are sold to
individuals who attend at the premises and the product sales or associated sales are expressly authorized by the
Alberta Gaming and Liquor Commission (AGLC).
CANOPY SIGN means a projecting sign that is mounted, painted or otherwise attached to an awning, canopy or
marquee.
CAR WASH means the use of a structure or area providing for the cleaning of motor vehicles but does not include
SERVICE STATIONS/GAS BARS.
CARD LOCK means a facility for the wholesale or retail sale of oil and gas products by means of a prearranged and
managed account card. Such a facility may include an office and retail establishment for the sale of convenience
items.
CARPORT means a roofed, partially enclosed structure intended for the shelter of one or more motor vehicles.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 7 | 5
CEMETERY AND INTERMENT SERVICES means a development for the entombment of the deceased and may include
such facilities as crematories, cinerarium, columbarium, mausoleums, memorial parks, burial grounds, cemeteries
and gardens of remembrance.
CHANGEABLE CONTENT means sign content which changes automatically through electronic and/or mechanical
means and may include typical features such as an electronic message centre or time and temperature unit.
CHILD CARE FACILITY means a building or portion thereof used for the provision of care, maintenance and
supervision of seven or more children, by persons unrelated to the children by blood or marriage, for periods not
exceeding 24 consecutive hours and includes all child care centres, day cares, nurseries and after-school or baby-
sitting programs which meet the conditions of this definition. Group homes and day homes are separate uses.
CHURCH means a building or facility whose primary purpose is to facilitate meetings of a group of people for public
worship or religious services. Also see RELIGIOUS ASSEMBLY.
CLUB OR FRATERNAL ORGANIZATION means a development for the assembly of members of non-profit clubs or
organizations, including charitable, social service, ethnic, athletic, business or fraternal organizations. This use may
include eating, drinking, entertainment, sports, recreation and amusement facilities as accessory uses but
"campground" is a separate use.
COMMERCIAL ESTABLISHMENT means the use of land and/or building for the purpose of display, storage, and sale
of goods and/or services to the general public. Any on-site manufacturing, processing or refining of goods shall be
incidental to the sales operation. If outdoor storage or display is required for the operation, the parcel shall be
completely fenced according to Town standards.
COMMERCIAL VEHICLE means a motor vehicle used in the operation of a commercial business or home occupation
operation for the transport of goods and/or equipment incidental to the operation of the business. Typically the
vehicle will have a commercial license plate and an identifiable logo design on it.
COMMON WALL means a vertical separation completely dividing a portion of a building from the remainder of the
building and creating in effect a building which, from its roof to its lowest level, is separate and complete unto itself
for its intended purpose, such wall being owned by one party but jointly used by two parties, one or both of whom
is entitled to such use by prior arrangement.
COMMUNITY ASSOCIATION BUILDING or COMMUNITY HALL means a facility or building whose primary purpose is
to accommodate use by community group(s). The structure may include such features as meeting rooms, kitchen,
stage and open floor area, bar/liquor area, multi-purpose rooms, washrooms, coat room, storage room(s) and
administrative offices. Exterior uses may include parking, playground areas, outdoor shelters, and sitting areas.
CONSTRUCTION SIGN means a temporary sign which is placed on a site to advertise items such as the provision of
labour, services, materials or financing on a construction project.
CONTRACTOR, GENERAL means development used for industrial service support and construction. Typical uses
include cleaning and maintenance contractors, building construction, landscaping, concrete, electrical, excavation,
drilling heating, plumbing, paving, road construction, sewer or similar services of a construction nature which require
on-site storage space for materials, construction equipment or vehicles normally associated with the contractor
service. Any sales, display, office or technical support service areas shall be accessory to the principal general
contractor use.
CONTRACTOR, LIMITED means a development used for the provision of electrical, plumbing, heating, painting,
catering and similar contractor services primarily to individual household and the accessory sales of goods normally
associated with the contractor services where all materials are kept within an enclosed building, and there are no
accessory manufacture activities or fleet storage of more than four vehicles.
SCHEDULE 7 | 6
Town of Coalhurst Land Use Bylaw No. 462-25
CONVENIENCE STORE means a retail store that sells a limited line of groceries and household goods for the
convenience of the neighbourhood.
CORNER VISIBILITY OR CLEAR VISION TRIANGLE means a triangular area on a corner lot that is comprised of two
sides which are measured from the intersection corner for a distance specified in this bylaw. The third side of the
triangle is a line joining the ends of the other two sides. Where the lot lines at intersections have rounded corners,
the lot lines will be extended in a straight line to a point of intersection.
CULTIVATION OF LAND means the commercial agricultural production of field crops and the associated crop
preparation and harvesting activities including mechanical soil preparation, irrigation system operation, and
spraying.
D
DAY HOME means a private residence where care, development and supervision are provided for a maximum of six
children between the ages of 0-12 years, by persons unrelated to the children by blood or marriage, including
children under the age of 12 who reside in the home, for periods not exceeding 24 consecutive hours.
DECK means a paved, wooden, or other hard-surfaced area generally adjoining a principal building intended for
outdoor living space that is 0.6 m (2 ft) or greater above grade.
DEMOLITION means the pulling down, tearing down or razing of a building or structure.
DETACHED GARAGE means an accessory building designed and used primarily for the storage of motor vehicles that
is not attached or is separate from the principal building.
DEVELOPMENT PERMIT means a permit issued with or without conditions pursuant to this bylaw authorizing a
development. A development permit does not constitute a building permit.
DIRECTIONAL AND INFORMATION SIGN means a sign the message of which is limited to providing direction
guidance, distance, facility or similar information and which may contain a name or logo.
DRIVE-IN/DRIVE-THROUGH RESTAURANT means an establishment where food is prepared and served on the
premise for sale to the public and includes car attendant and/or drive-through, pick-up service.
DWELLING means a building or portion thereof designed for human habitation and which is intended to be used as
a residence for one or more individuals but does not include travel trailers, motor homes, recreational vehicles, or
other mobile living units, hotel, motel, dormitory, boarding house, or other similar accommodation. Dwelling
includes the following:
Single-unit dwelling means a residential building containing only one dwelling unit and may include site-built,
modular and ready-to-move homes.
Two-unit dwelling means a residential building that contains two separate dwelling units connected either by
a common floor/ceiling, or by a common wall (party wall) between units.
Three-unit dwelling means a residential building comprised of three dwelling units, each unit having a
separate, direct entrance from grade or a landscaped area. Each dwelling unit will be connected either by a
common floor/ceiling, or by a common wall (party wall) between units.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 7 | 7
Four-unit dwelling means a residential building comprised of four dwelling units, each unit having a separate,
direct entrance from grade or a landscaped area. Each dwelling unit will be connected either by a common
floor/ceiling, or by a common wall (party wall) between units.
Apartment building means a structure with several self-contained dwellings, each of which occupies a portion
of the same building. Such a building will typically consist of five or more apartments for rent including an area
for tenant and visitor parking and have a common entrance.
Manufactured home means a completely self-contained dwelling unit, designed and constructed entirely
within a factory setting. Typically it is transported to a site in not more than one piece on its own chassis and
wheel system or on a flatbed truck. For the purposes of this bylaw, a manufactured home does not include a
"modular home" or "ready-to-move home".
Modular dwelling - see MODULAR HOME A and MODULAR HOME B.
Moved-in dwelling - see MOVED-IN DWELLING.
Ready-to-move (RTM) means a dwelling unit that would normally be constructed on the site intended for
occupancy, but for various reasons, is constructed at an off-site manufacturing facility, construction site, plant
site or building yard. It is then loaded and transported as single unit onto the proper moving equipment and
delivered to the site intended for occupancy and placed on a concrete slab or basement or other approved
foundation.
Row dwelling means development consisting of a building containing a row of four or more dwelling units each
sharing a common wall extending from the first floor to the roof, at the side only with no dwelling being place
over another in whole or in part. Each dwelling unit shall have separate, individual, and direct access to the
building at grade.
DWELLING GROUP means two or more buildings each containing one or more dwelling units, located on a lot or a
number of adjoining lots where all buildings, recreation areas, vehicular areas, landscaping and all other features
have been planned as an integrated development. Accessory structure and accessory building are separate uses.
E
EASEMENT means a right held by one part in land owned by another.
EAVE means the overhang or extension of a roof line beyond the vertical wall of a building.
EDUCATIONAL FACILITY means a place of instruction offering continuing education or specialized courses of study.
Included in the category may be public, private, and commercial institutions.
ENTERTAINMENT ESTABLISHMENT means an establishment such as a theatre, auditorium, lounge or cabaret
providing dramatic, musical or other entertainment indoors or outdoors and may include facilities for supplementary
food and beverage consumption.
EQUIPMENT SALES, RENTAL AND SERVICE means the use of land or buildings for the retail sale, wholesale
distribution, rental and/or service of: hand tools, small construction, farming, gardening and automotive equipment,
small machinery parts and office machinery and equipment.
EXCAVATION means the process of altering the natural elevation of the ground by grading, cutting, stripping, filling
or breaking of ground, but does not include common household gardening and ground care, excavation made for
SCHEDULE 7 | 8
Town of Coalhurst Land Use Bylaw No. 462-25
the building of basements, structures, landscaping, or parking for which a development permit has been issued, or
extensive agriculture. Gravel pit, mineral extraction and any other similar extractive use are not classified as
excavation and are a separate use.
EXHIBITION CENTRE means the use of land or building, public or private, for temporary events including seasonal
shows, conventions, conferences, seminars, product displays or sale of goods, recreation activities, and
entertainment functions. This use may include accessory functions including food and beverage preparation and
service for on premise consumption.
F
FARMER'S MARKET means the use of land or buildings where fresh farm or garden produce is sold in a retail or
wholesale setting and where goods are typically displayed in bulk bins or stalls for customer selection. This use
includes vendors of fruit, vegetables, meat products, baked goods, dry goods, spices and non-food products such as
handicrafts, provided that the sale of fresh food products remains the primary function.
FARMSTEAD means the accessory part of an agricultural parcel developed with dwellings, structures, shelter belts,
dugouts, storage areas for farm equipment, produce and fertilizer, etc. necessary to the extensive cultivation and/or
grazing use of the major portion of the land.
FASCIA SIGN means a sign attached across the face of the building, located approximately parallel thereto, in such
a manner that the wall becomes the supporting structure for, or forms the background surface of the sign, which
does not project more than 0.3 m (1 ft) from the building.
FENCE means a structure usually made of wood, rails, bricks or wire intended to mark parcel boundaries and provide
yard privacy.
FINANCIAL INSTITUTION means a development or use primarily for providing the service of banking or lending
money, such as a bank, savings and loan institution, or credit union.
FITNESS FACILITY means a development where space, equipment or instruction is provided for people to pursue
physical fitness or skills relating to physical activities and may include the incidental sale of products relating to the
service provided.
FLOOD ELEVATION, 1:100 YEAR means the water level reached during a 1:100 year flood as determined in
accordance with the technical criteria established by Alberta Environment.
FLOOD RISK AREA means the area of land bordering a water course or water body that would be inundated by 1:100
year flood (i.e. a flood that has a 1% chance of occurring every year) as determined by Alberta Environment in
consultation with the Town and may include both flood fringe and floodway.
FLOOR AREA means the horizontal area of a building, but not including cellars, attached garages and open porches.
All dimensions shall be outside dimensions. Basement floor areas shall be included only where the building contains
a basement suite.
FLOOR AREA RATIO means the net floor area divided by the gross lot area.
FOUNDATION means the supporting base structure of a building.
FREESTANDING SIGN means a sign supported independently of a building, wall, or other structure by way of
columns, uprights, braces, masts or poles mounted in or upon grade.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 7 | 9
FUNERAL HOME means a development used for the arrangement of funerals, the preparation of the deceased for
burial or cremation, and the holding of funeral services.
G
GARAGE means a private residential building or part of the principal residence, designed and used primarily for the
storage of motor vehicles.
GARDEN CENTRE OR GREENHOUSE means a building specially designed and used for the commercial growing of
vegetables, flowers or other plants for transplanting or sale. The use may include accessory retail uses on the
premises.
GARDEN SHED means an accessory structure to store household and garden equipment and supplies that is not
more than 100 ft2 in size.
GENERAL WAREHOUSING AND STORAGE means a building used for the storage of goods and merchandise. The
building may include administrative offices, loading areas, parking areas, storage rooms and the retail sale of goods
stored in the warehouse. No outside storage is permitted with this use.
GOLF COURSE means an outdoor use/establishment of varying size where the land is developed primarily to
accommodate the game of golf. Accessory uses include a pro shop, driving range and/or proactive facility, food
service, and other commercial uses typically associated with a golf course clubhouse facility.
GOVERNMENT SERVICES means development providing municipal, provincial, or federal government services
directly to the public or the community at large, and includes development required for the public protection of
persons or property.
GRAIN ELEVATOR/SEED CLEANING means a facility for the collection, grading, sorting, storage, and transshipment
of grains. This definition also includes "inland grain terminals".
GRADE, LANDSCAPED (as applied to the determination of height of balconies, decks and architectural features and
landscape structures) means the average level of finished landscaped ground under the four principal corners of the
balcony, deck, architectural feature or landscape structure. For buildings see BUILDING GRADE.
GROUP CARE FACILITY means a development which provides residential accommodation and rehabilitative services
to persons who are handicapped, disabled or undergoing rehabilitation and are provided care to meet their needs.
Persons are typically referred to a group care facility by hospitals, courts, government agencies or recognized social
service agencies or health professionals but may also voluntarily request care. This use includes supervised uses
such as group homes, half-way houses, and convalescent homes. This use does not include senior housing or assisted
living which are separate uses in this bylaw.
SCHEDULE 7 | 10
Town of Coalhurst Land Use Bylaw No. 462-25
H
HARDSURFACING means the paving with continuous asphalt or concrete so that the surface of the ground is
resistant to water penetration.
HOLIDAY TRAILER - see RECREATIONAL VEHICLE
HOME OCCUPATION means an occupation, trade, profession or craft carried on by an occupant of a dwelling unit as
a use secondary to the residential use of the lot, and which does not change the character thereof or have any
exterior evidence of such secondary use.
HOME OCCUPATION SIGN means a sign advertising a home occupation approved under the Land Use Bylaw.
HOTEL means the use of a building for sleeping accommodations provided for a fee on a daily basis, accessible only
through a central lobby with on-site parking; the building may also contain accessory commercial, and food and
beverage service uses.
I
INSTITUTIONAL means a use by or for an organization or society for public or social purposes and, without restricting
the generality of the term, includes senior citizen housing, nursing homes, day care centres, places of worship,
museums, libraries, schools, service and fraternal organizations, and government buildings.
L
LANDSCAPING means the modification, beautification and enhancement of a site or development through the use
of the following elements:
(a)
natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass, flowers and other
ground cover or materials;
(b)
hard landscaping consisting of non-vegetative materials such as brick, stone, concrete, tile and wood,
excluding monolithic concrete and asphalt; and
(c)
excludes all areas utilized for driveways and parking.
LIGHT FABRICATION SHOP means the assembly of metal parts, including blacksmith and welding shops, sheet metal
shops, machine shops, and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal
doors and gates, and similar products.
LIGHT INDUSTRIAL/MANUFACTURING means development used for manufacturing, fabricating, processing,
assembly, production or packaging of goods or products, as well as administrative offices and warehousing and
wholesale distribution uses which are accessory uses to the above, provided that the use does not generate any
detrimental impact, potential health or safety hazard or any nuisance beyond the boundaries of the developed
portion of the site or lot upon which it is situated.
LIQUOR STORE means a retail establishment licensed under provincial authority for the sale of any or all of beer,
wine, or spirits for consumption off premises. Full walls must physically separate the premises from any other
business.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 7 | 11
LUMBER YARD means a commercial operation where lumber, building materials and supplies, and other building-
related goods are stored, displayed and sold.
LUMINOSITY means the measurement of brightness.
M
MACHINERY AND EQUIPMENT SALES, RENTAL AND SERVICE means a commercial operation where the land and
buildings are used for the sale, service and rental of machinery, vehicles and heavy machinery used in the operation,
construction or maintenance of buildings, roadways, pipelines, oil fields, mining or forestry operations, and in freight
hauling operations. Cleaning, repairing and sale of parts and accessories may be allowed as part of the principal use.
Such a facility may include an administrative office, ancillary structures, outdoor work areas, parking, and outdoor
storage areas.
MANUFACTURED HOME - see DWELLING, MANUFACTURED HOME
MANUFACTURED HOUSING COMMUNITY means a comprehensively-planned residential development intended for
the placement of manufactured homes on sites or pads. Such a community may also include amenity areas or
facilities for the use of the community's residents.
MANUFACTURING AND FABRICATION OPERATION means a commercial operation where the land and buildings are
used for the manufacture or fabrication of products or parts, and also the retail sale of such products or parts to the
general public. Such a facility may include an administrative office, ancillary structures, outdoor work areas, parking,
and outdoor storage areas.
MARKET GARDEN means the growing of vegetables or fruit for commercial purposes. This use includes an area for
the display and sale of goods or produce grown or raised on site.
MEDICAL/HEALTH FACILITY means a facility for the provision of human health services without overnight
accommodation for patients and may include associated office space. Typical uses include physiotherapy, registered
massage therapy, doctor, dentist, optometrist, and chiropractic offices.
MINI STORAGE means the use of land with compartmentalized buildings or a development site set up for the storage
of equipment, household or business materials, or vehicles, but excludes storage of hazardous goods or materials.
Accessory to this use is the exterior screened storage of recreational vehicles, boats, trailers and similar items.
MIXED USE BUILDING means a building used partly for residential and partly for commercial use.
MIXED USE DEVELOPMENT means a parcel of land or building or structures developed for two or more different
uses that may include uses such as residential, office, manufacturing, retail, public or entertainment.
MOBILE HOME - see MANUFACTURED HOME
MODULAR HOME A means a dwelling unit built at an off-site manufacturing facility in conformance with CSA
standards designed in two or more modules or sections. The dwelling is transported by transport trailer in sections
and delivered to the site where it is assembled and placed on a concrete basement.
MODULAR HOME B means a dwelling unit built at an off-site manufacturing facility in conformance with CSA
standards designed in two or more modules or sections. The dwelling is transported by transport trailer in sections
and delivered to the site where it is assembled and placed on an approved foundation other than a concrete
basement.
SCHEDULE 7 | 12
Town of Coalhurst Land Use Bylaw No. 462-25
MOTEL means a building or group of buildings on a site designed and operated to provide temporary
accommodation for transient motorists and contains separate sleeping units, each of which is provided with an
adjoining conveniently-located parking stall. The building may also include accessory eating and drinking
establishments and personal service shops.
MOTOR VEHICLE means a motor vehicle that, at the point of its original manufacture, meets the definition as defined
in the Traffic Safety Act.
MOTOR VEHICLE, UNREGISTERED AND/OR INOPERATIVE means a motor vehicle as defined by this bylaw that is
either not registered through the Traffic Safety Act or is inoperative, or both. For the purposes of this definition,
inoperative means the motor vehicle cannot be used in its present condition for the purpose for which it was
manufactured.
MOVED-IN BUILDING means a previously used or existing, established and working building, which is removed from
a site, and then transported and re-established on another site.
MOVED-IN DWELLING means a previously existing, established and occupied dwelling, which is removed from one
site and then transported and re-established on another site. For the purposes of this bylaw, a moved-in building
does not include a "manufactured home", "modular home", "ready-to-move home", motor home, travel trailer,
recreation vehicle and any similar vehicles that are neither intended for permanent residential habitation nor subject
to the current provincial building requirements.
MULTI-TENANT SIGN means any freestanding sign that contains sign content that advertises more than one tenant
and/or business.
MURAL SIGN means any picture, scene, graphic or diagram displayed on the exterior wall of a building for the
primary purpose of decoration or artistic expression and not created to solely display a commercial message or
depiction.
MUSEUM means a building or site used for the preservation, collection, restoration, display and/or demonstration
of articles of historical significance and may include archival records of a geographic area or of a time period.
N
NOXIOUS OR HAZARDOUS USES are those land uses which may be detrimental to public health, safety and welfare
because of toxic gases, noxious smells, wastes, noise, dust or smoke emissions which are incompatible with
residential or other development.
NUISANCE means any use, prevailing condition or activity which has a detrimental effect on living or working
conditions.
O
OCCUPANCY PERMIT means a permit issued by the municipality that authorizes the right to occupy or use a building
or structure for its intended use.
OFFICE means development primarily for the provision of professional, management, administrative, consulting, or
financial services in an office setting. Typical uses include but are not limited to the offices of lawyers, accountants,
travel agents, real estate and insurance firms, planners, clerical and secretarial agencies. This excludes government
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 7 | 13
services, the servicing and repair of goods, the sale of goods to the customer on the site, and the manufacturing or
handling of a product.
OFF-STREET LOADING SPACE means an open area, not exceeding 9.1 m (30 ft) in width, located in the rear yard
space, designed expressly for the parking of haulage vehicles while loading or unloading.
OFF-STREET PARKING means a lot or portion thereof, excluding a public roadway which is used or intended to be
used as a parking area for motor vehicles.
OFF-STREET PARKING SPACE means an off-street area available for the parking of one motor vehicle. Every off-
street parking space shall be accessible from a street, lane or other public roadway.
OFF-PREMISES SIGN means any type of sign that may contain sign content that advertises or otherwise identifies a
service, product or activity conducted, sold or offered at a location other than the premises on which the sign is
located.
OFF-PREMISES SIGN CONTENT means sign content which advertises or otherwise identifies a service, product or
activity conducted, sold or offered at a location other than the premises on which the sign is located.
ON-PREMISES SIGN CONTENT means sign content which advertises a service, product or activity conducted, sold or
offered on the property that the sign is located.
OUTDOOR STORAGE means the use of land with or without attendant buildings for the open, outdoor storage of
equipment, materials or vehicles, or processed or unprocessed resources or materials. For the purposes of this
bylaw, this definition is limited to those uses that require minimal on-site improvements, service and public
amenities or facilities and does not include those goods or materials which are hazardous.
OVERHANGING SIGN means a sign which projects over any part of any street, lane or other municipally owned
property.
P
PARK MODEL TRAILER means a recreational vehicle that is either:
(a)
built on a single chassis mounted on wheels designed for infrequent towing by a heavy-duty tow vehicle
but is restricted in size and weight so that it does not require a special highway movement permit and
conforms to the CSA-Z-240 standard for recreational vehicles; or
(b)
a recreational vehicle intended for temporary residence or seasonal use built on a single chassis mounted
on wheels, which may be removed and returned to the factory, requiring a special tow vehicle and
highway permit to move on the road and conforms to the CSA Z-241 standard for recreational vehicles.
PARKS AND PLAYGROUNDS means land developed for public recreational activities that do not require major
buildings or facilities, and includes picnic areas, playgrounds, pedestrian and bicycle paths, landscaped areas and
associated public washrooms. This may include public open space, which is not in private ownership and is open to
use by the public.
PAWNSHOP means any business that engages, in whole or in part, in the business of loaning money on the security
of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of
personal property.
PAYDAY LENDER means a person who offers, arranges or provides a payday loan to a borrower.
SCHEDULE 7 | 14
Town of Coalhurst Land Use Bylaw No. 462-25
PAYDAY LOAN means a use where the advancement of money with a principal of $1,500 or less and term of 62 days
or less is made in exchange for a post-dated cheque, a pre-authorized debit or a future payment of a similar nature,
but not for any guarantee, suretyship, overdraft protection or security on property, and not through a margin loan,
pawn brokering, a line of credit or a credit cafrd.
PAYDAY LOAN BUSINESS means the activity of offering, arranging or providing payday loans by a payday lender as
defined in the Alberta Payday Loan Regulation.
PERSONAL SERVICES means uses that provide personal services to an individual that are related to the care and
appearance of the body or the cleaning and repair of personal effects. Typical uses include but are not limited to
barber shops, beauty salons, hairdressers, manicurists, aestheticians, fitness facility, tailors, dress makers, shoe
repair shops, dry cleaning establishments, and laundries but does not include health services.
POLITICAL POSTER SIGN means a temporary sign announcing or supporting candidates or issues in any election or
plebiscite.
PORTABLE SIGN means a temporary sign that is not permanently affixed to a building, structure, or the ground.
PRINCIPAL BUILDING means a building which:
(a)
occupies the major or central portion of a lot;
(b)
is the chief or main building on a lot; or
(c)
constitutes, by reason of its use, the primary purpose for which the lot is used.
PRINCIPAL USE means the main purpose, in the opinion of the Development Officer or Municipal Subdivision and
Development Authority, for which a lot is used.
PROHIBITED USE means a development that is not listed as permitted or discretionary, or is not considered similar
within a land use district.
PROJECTING SIGN means a sign other than a canopy sign or fascia sign which is attached to and projects, more than
0.3 m (1 ft) horizontally from a structure or building face.
PRIVACY WALL AND/OR SCREEN means a structure that provides a screen or visual barrier between a window of a
habitable room or an outdoor area on a lot and an adjoining lot.
PUBLIC OPEN SPACE means land which is not in private ownership and is open to use by the public.
PUBLIC ROADWAY means a right-of-way maintained by the Town and is open to the public for the purpose of
vehicular traffic.
Q
QUONSET means a structure made from metal having a semicircular roof and/or cross section and end walls.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 7 | 15
R
RAILWAY AND RAILWAY RELATED USES means a railway line and any use connected with the direct operation or
maintenance of a railway system and also includes any loading or unloading facilities, but excludes feed mills/grain
elevators or bulk oil depots which are separate uses.
REAL ESTATE SIGN means a sign advertising real estate that is for sale, for lease, or for rent or for real estate that
has been sold.
RECREATION, PRIVATE means sports or recreational or retreat activities, use, facilities including associated eating
and retail areas, provided by commercial for-profit and non-profit businesses where the public is admitted for a fee
or where admission is limited to members of an organization or limited group. Such uses include, but are not limited
to, gymnasiums, athletic/sport fields, shooting ranges, paint-ball, go-cart tracks, golf courses and ranges, outdoor
mini-golf, recreation centres, indoor/outdoor ice rinks, campgrounds retreats and country clubs.
RECREATION, PUBLIC means sports or recreational or retreat activities, uses or facilities, including associated eating
and retail areas, for public use which are public-owned or operated (i.e. municipal, provincial, or federal including
local boards, agencies or commissions of the Town). Such uses include, but are not limited to, gymnasiums,
athletic/sports fields, shooting ranges, paint-ball, go-cart tracks, golf courses and ranges, outdoor mini-golf,
recreation centres indoor/outdoor ice rinks, campground, retreats, and country clubs.
RECREATIONAL VEHICLE / HOLIDAY TRAILER means a transportable living unit, designed to be moved on its own
wheels or by other means (including units permanently mounted on trucks), designed or constructed to be used for
sleeping or living purposes on a short-term, temporary basis. Such living units are subject to highway safety
standards rather than housing standards. Typical units include, but are not limited to motor homes, campers, holiday
trailers, travel trailers, fifth wheel trailers, tent trailers and PARK MODEL trailers. These units are not permitted as
either temporary or permanent DWELLINGS.
RECREATIONAL VEHICLE PARK means a lot or parcel of land intended for temporary occupancy by recreational
vehicles for travel, recreation, seasonal, or vacation usage for periods of stay subject to an approved conceptual
design scheme, area structure plan or conceptual site plan and its provisions. Uses where unoccupied recreational
vehicles are offered for sale or lease, or are stored, are not included. Associated structures in a recreational vehicle
park may include laundry facilities, restrooms, showers, sanitary dump facilities, water stations, playgrounds or
storage areas intended to serve the needs of the residents of the park. See CAMPGROUND.
RECREATIONAL VEHICLE STORAGE means the storage, outdoors or inside a permanent structure, of recreational
vehicles as defined in this bylaw, and other recreational or off-road vehicles including, but not limited to, boats,
trikes, quads, personal watercraft, snowmobiles and trailers used to transport recreational vehicles.
RECYCLING FACILITY means the use of land or buildings for the purchasing, receiving and/or temporary storage of
discarded and recyclable articles, provided that the use does not generate a detrimental effect or nuisance beyond
the boundaries of the lot or site on which it is situated. Such a facility may include supplementary production of by-
products or materials and includes bottle, can and paper recycling depots.
RELIGIOUS ASSEMBLY means a use or development used for public meetings, worship and related religious or social
activities, and includes accessory rectories, manses, meeting rooms and classrooms. Typical uses would include
community or civic halls/clubs, churches, chapels, temples, mosques, synagogues, parish halls and convents.
RESIDENCY IDENTIFICATION SIGN means a sign located on a lot in a residential district that provides for the name
and/or address of the owner or occupant of a dwelling.
SCHEDULE 7 | 16
Town of Coalhurst Land Use Bylaw No. 462-25
RESTAURANT means a commercial development where food and beverages are prepared and served. The
development may include supplementary alcoholic beverage service and catering services. This term will include
restaurants, cafes, diners, lunch and tea rooms, ice cream parlors, banquet facilities, and take-out restaurants.
RETAIL means a commercial premise where goods, merchandise, substances, articles, and other materials, are
offered for sale to the general public and includes limited on-site storage or limited seasonal outdoor sales to support
that store's operations. Typical uses include but are not limited to grocery, bakery, hardware, pharmaceutical,
appliance, clothing, and sporting goods stores. These uses exclude warehouse sales and the sale of gasoline, heavy
agricultural and industrial equipment, alcoholic beverages, or retail stores requiring outdoor storage.
ROTATING SIGN means a sign or portion of a sign which moves in a revolving manner.
ROOF SIGN means any sign erected upon, against, or directly above a roof or on top of or above the parapet of a
building.
S
SALES AND/OR RENTALS means the sale or rental of various goods including, but not limited to, vehicles,
construction equipment, farm equipment or machinery, or recreational vehicles.
SANDBLASTING FACILITIES means a business where the major source of activity involves the large scale sandblasting
of agricultural, industrial or other equipment/items. Sandblasting facilities may also include welding and painting
facilities on-site.
SATELLITE DISH means a structure designed specifically to receive television signals.
SCREENING means a fence, wall, berm or hedge used to visually separate areas or functions that detract from the
street or neighbouring land uses.
SECONDARY SUITE means a facility containing cooking facilities, food preparation area, sleeping and sanitary
facilities, which is self-contained from those of the principal dwelling within the structure by way of an entrance
separate from the entrance to the principal dwelling, either from a common indoor landing or directly from the side
or rear of the structure with no interior connection between the dwellings.
SENIOR CITIZENS HOUSING means a dwelling unit or accommodation sponsored and administered by any public
agency or any non-profit organization, either of which obtains its financial assistance from federal, provincial, or
municipal governments or agencies or public subscriptions or donation or any combinations thereof. Senior citizen
accommodation may include lounge, dining, health care, and recreation facilities.
SERVICE STATION means any lot or building used for the retail sale of motor accessories, gasoline or other fuels and
the supply of washing, greasing, cleaning and minor repair services for motor vehicles.
SETBACK means the minimum distance required between a property line of a lot and the nearest part of any building,
structure, development, excavation or use on the lot and is measured at a right angle to the lot line.
SHED means any structure that is physically separate from the principal building on the lot on which both are located.
The building size is subordinate and incidental to that of the principal building and is used for the purposes of storing
personal goods and does not have access for vehicle storage from the road or laneway.
SHINGLE SIGN means a small projecting sign which is suspended from a mounting attached directly to the building
wall. Shingle signs are generally placed perpendicular to the face of a building and are typically found in pedestrian-
oriented environments such as a downtown and/or historic district. See PROJECTING SIGNS.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 7 | 17
SHIPPING CONTAINER means any container that is or was used for transport of goods by means of rail, truck or by
sea. These are generally referred to as a C-Container, sea cargo container, sea can or cargo container. Such
containers are typically rectangular in shape and are generally made of metal. For the purposes of this bylaw, when
such a container is used for any purpose other than transporting freight, it will be considered as a structure, must
conform to these regulations and may require a permit.
SIGN means a lettered board or other public display intended for the advertising or calling attention to any person,
business, matter, object or event.
SIGN ALTERATION means the structural and/or projection style modification of a sign but does not include the
routine maintenance, painting or change in face, content, copy or lettering.
SIGN AREA means the entire area within a single continuous perimeter enclosing the extreme limits of a sign and in
no case passing through or between any adjacent elements of same. However, such perimeter shall not include any
structural elements lying outside the limits of such sign and not forming an integral part of the display.
SIGN CONTENT means the wording/lettering, message, graphics or content displayed on a sign.
SIGN CONTENT AREA means the entire area within a single straight line geometric figure or a combination of squares
or rectangles that will enclose the extreme limits of the advertising message or announcement including decorations
related to the specific nature of the advertising message or announcement.
SIGN HEIGHT means the vertical distance measured from the highest point of the sign or sign structure to the
finished grade.
SIGN ILLUMINATION means the lighting or exposure of a sign to artificial lighting either by lights on or in the sign or
directed toward the sign.
SIGN DISPLAY STYLE means the method by which the sign content is conveyed to the viewer.
SIGN TYPE means the type of structure of a sign used to convey sign content.
SITE PLAN means a plan drawn to scale illustrating the proposed and existing development prepared in accordance
with the requirements of this bylaw.
SMALL WIND ENERGY CONVERSION SYSTEM (SWECS) means a development that generates electricity from a wind
turbine, either building or tower mounted, including associated control and conversion electronics and tower guy
wires, which has a limited generation capacity to be used primarily for the applicants own use.
STOREY means the space between the top of any floor and the top of the next floor above it and if there is no floor
above it, the portion between the top of the floor and the ceiling above it, but does not include a basement.
STREET means a thoroughfare which is used or intended to be used for passage or travel of motor vehicles and
includes the sidewalks and land on each side of and contiguous to the prepared surface of the thoroughfare. It does
not include lanes.
STRUCTURE means anything constructed or erected with a fixed location on the ground or attached to something
having a fixed location on the ground. Among other things, structures include buildings, walls, fences, billboards
and poster panels.
SURVEILLANCE SUITE means a dwelling unit or sleeping unit, not exceeding 46.5 m2 (500 ft2) in size, that is developed
in conjunction with a principal use so that the dwelling is a supplementary use to the principal use, and which is used
solely to accommodate a person or persons, whose function is to provide surveillance, maintenance and/or security.
SCHEDULE 7 | 18
Town of Coalhurst Land Use Bylaw No. 462-25
T
TELECOMMUNICATION ANTENNA means a structure and any associated system, including all masts, towers and
other antenna supporting structures that is used for the transmission, emission or reception of television, radio or
telecommunications.
TEMPORARY DEVELOPMENT means a development for which a development permit has been issued for a limited
time period.
TOURIST HOME means a dwelling unit that is managed, advertised and leased by an individual or professional
property manager, who uses a system of reservations, deposits and confirmations, collects G.S.T., and accepts credit
cards. The accommodation unit is not leased for more than 28 days at a time.
TRANSLUCENT means allowing light to pass through but diffusing it so that persons, objects, etc. on the opposite
side are not clearly visible.
TRANSPORTATION/DELIVERY SERVICE means development involving the use of one or more vehicles to transport
people, mail, currency, documents, packages and articles for compensation such as a mobile catering service, the
rental or lease of vans and trucks, taxi service, limousine or bus service and may include limited storage and repair
of the vehicles used. This use does not include towing operations.
TRAVEL TRAILER - see RECREATIONAL VEHICLE
TRUCK STOP means a building, premise or land in which or upon which a business, service or industry involving in
the maintenance, servicing, storage or report of commercial vehicles is conducted or rendered including the
dispensing of fuel products, the sale of accessories and/or equipment for trucks and similar commercial vehicles. A
truck stop may also include convenience stores and restaurant facilities, and may include overnight accommodation
facilities solely for the use of truck crews.
TRUCK TRANSPORTATION DISPATCH/DEPOT means a facility for the purpose of storing and/or dispatching trucks,
buses, fleet vehicles, and transport vehicles and may include towing operations. The use may also involve the
transfer of goods primarily involving the loading and unloading of freight-carrying trucks.
U
UTILITY means any one or more of the following:
(a)
systems for the distribution of gas, whether artificial or natural;
(b)
facilities for the storage, transmission, treatment, distribution or supply of water;
(c)
facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d)
storm sewage drainage facilities;
(e)
telecommunications systems;
(f)
systems for the distribution of artificial light or electric power;
(g)
facilities used for the storage of telephone, cable, remote weather stations or internet infrastructure;
(h)
any other things prescribed by the Lieutenant Governor in Council by regulation.
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 7 | 19
V
VARIANCE - see WAIVER
VETERINARY CLINIC - see ANIMAL CARE SERVICE
W
WAREHOUSE means a facility for the storage of goods, materials or equipment for use by a company.
WASTE MANAGEMENT SITES means a development for the commercial receiving of spent materials, provided that
no detrimental effects or nuisances are generated beyond the parcel upon which it is situated. This use includes a
dry waste site, a hazardous waste management facility and a waste sorting station. This use does not include a
RECYCLING FACILITY.
WASTE MANAGEMENT TRANSFER STATION means a facility for the collection and temporary holding of solid waste
in a transferable storage container.
WASTEWATER TREATMENT PLANT has the same meaning as referred to in the Subdivision and Development
Regulation and as in the Environmental Protection and Enhancement Act. This definition also includes a wastewater
treatment stabilization plant.
WINDOW SIGN means a sign painted on, attached to or installed on a window intended to be viewed from outside
the premises.
All other words and expressions not otherwise defined in this Land Use Bylaw
have the meaning assigned to them in the Municipal Government Act.
Schedule 8
CONDOMINIUM CONVERSION APPLICATION
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 8 | 1
Schedule 8
CONDOMINIUM CONVERSION APPLICATION
The Condominium Property Act RSA 2000 provides the opportunity for landowners to convert existing buildings into
condominiums. The Act requires the Town's approval prior to registration of such conversions. An application
process for a conversion is required.
SECTION 1
CONDOMINIUM CONVERSION PROCESS
1.1
An applicant is required to submit the following information as part of the application process:
(a)
one application for condominium conversion completed in full and signed by the registered
owner(s) OR the person authorized to act on behalf of the registered owner(s);
(b)
one copy of the Certificate of Title obtained from any Registries office. The copy is to be
validated within 30 days of the submission of the application;
(c)
copies of all instruments which are registered against the parcels and affects the use of the
land;
(d)
Authorization Form - if applicant is not the owner, a letter must be provided from the owner
authorizing the applicant to act on his/her behalf;
(e)
condominium conversion application per unit fee as outlined in the Town's fee schedule;
(f)
three copies of the proposed condominium as prepared by a registered Alberta Land
Surveyor in accordance with the Condominium Property Act and the Condominium Property
Regulation;
(g)
an Alberta Building Code Review of the subject building or copies of all final inspections for
the property constructed if constructed within the last two years.
(h) any other information the municipality deems necessary.
1.2
The review consists of comparing the plan to the development permit issued when the building
was constructed to ensure the number of units and the on-site parking required are consistent
between the development permit and the condominium plan.
1.3
The plan is also reviewed in respect to the status of property taxes and the Alberta Building Code
Review.
1.4
Approval for a conversion is granted by signing a certificate of local authority.
SECTION 2
PROHIBITED APPLICATIONS
2.1
The municipality may prohibit any application with respect to a building that was constructed prior
to August 1, 1966, or for which the building permit was issued prior to August 1, 1966, if it considers
it proper to do so, as permitted by section 10(2) of the Condominium Property Act.
Schedule 9
TELECOMMUNICATION
ANTENNA SITING PROTOCOL
Town of Coalhurst Land Use Bylaw No. 462-25
SCHEDULE 9 | 1
Schedule 9
TELECOMMUNICATION ANTENNA SITING PROTOCOL
The intent of this schedule is to guide the telecommunications industry and amateur radio operators through the
process of tower siting within the municipality. This guide was developed in accordance with Science, Innovation
and Economic Development Canada siting protocols.
SECTION 1
MUNICIPAL APPROVAL
1.1
Proposals for freestanding telecommunication antennas shall not be required to obtain a
development permit but shall be required to make a submission to the Municipal Subdivision and
Development Authority including:
(a)
the information as listed in section 2, and
(b)
complete the notification and public consultation process found in Section 3.
1.2
Concurrence with the proponent's project will be measured against the requirements of each
district's requirements and criteria listed below. If all requirements are met, the Town of Coalhurst
will provide concurrence in the form of a written letter to the proponent.
1.3
The following are excluded from submitting information for review:
(a)
an antenna mounted on a building that projects less than 2 m (6.6 ft) in height above the top
of the building;
(b)
an antenna proposed to be located on Business Park or Business Industrial lands which are a
minimum of 150 m (492 ft) from lands zoned for residential or public use.
SECTION 2
INFORMATION REQUIREMENTS
Co-utilization (Co-location)
2.1
All proponents for freestanding antenna structures will be requested to identify any other such
structures within a radius of 500 metres of the proposed location and to provide documentary
evidence that co-utilization of the existing or new structure is not a viable alternative to a second
structure.
Appearance
2.2
All proponents for antenna structures which are visible from residential areas may be requested
to employ innovative design measures to mitigate the visual impact of these structures. The
proponent shall provide stealth structure options when requested by the municipality. Stealth
structure options will be based on an evaluation of the massing, form, colour, material, and other
decorative elements, that will blend the appearance of the facility into and with the surrounding
lands.
Lighting and signage
2.3
Lighting in addition to that which is required by applicable federal agencies shall be avoided.
Security lighting may be considered provided it meets the requirements of the applicable land use
district.
SCHEDULE 9 | 2
Town of Coalhurst Land Use Bylaw No. 462-25
2.4
Only signage that is required by applicable federal agencies is permitted. No advertising signage
shall be permitted.
SECTION 3
NOTIFICATION AND PUBLIC CONSULTATION PROCESS
3.1
At the expense of the applicant, the municipality will notify all land owners within a distance of
500 m (1640 ft) of the proposed structure.
3.2
With each notification, the proponent will be responsible to submit a letter providing notification
of the location of the tower, physical details of the tower, the time and location of the public
meeting, and a contact name and phone number of someone employed by the proponent who
can answer questions regarding the proposal. The notifications should be sent 25 days prior to the
public meeting.
3.3
The proponent shall be prepared to hold an open house regarding their development proposal and
should proactively explain all aspects of the siting, technology and appearance of the proposed
structure.
3.4
From the public meeting, the proponent will be responsible to provide the Municipal Subdivision
and Development Authority with a copy of the agenda and the minutes indicating the topics
discussed, additional concerns raised with resolutions, and any outstanding issues that the
proponent and/or landowners could not resolve.
3.5
Where the public process has raised unresolved concerns about public health and related effects
of wireless communication technology, the Town of Coalhurst will request a ruling by Science,
Innovation and Economic Development Canada prior to the issuance of a letter of concurrence.
APPENDIX A
FORMS
Town of Coalhurst
100 - 51 Avenue
Box 456, Coalhurst, AB T0L 0V0
PH: (403) 381-3033 / FX: (403)381-2924
EMAIL: [email protected]
FORM A: RESIDENTIAL DEVELOPMENT PERMIT APPLICATION
Pursuant to Land Use Bylaw No. 462-25
Town of Coalhurst Land Use Bylaw 462-25
Page 1 of 3
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Town
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
Parcel Size: ________________________ m2 sq. ft. Land Use District: _______________________________
Existing use/development on the property: ____________________________________________________________
_______________________________________________________________________________________________
OFFICE USE
Application No:
Roll No:
Use:
Permitted Discretionary Waiver Prohibited
Application Received:
Application Fee:
Land Use District:
Site Inspection Date:
Application Deemed:
Expiry of 40-Day Decision
Timeframe:
Deadline for Missing
Documentation:
Date Incomplete:
Date Complete:
Date Reviewed by D.O.:
MSDA Meeting Date:
Date of Decision:
Effective Date:
Town of Coalhurst Land Use Bylaw 462-25
Page 2 of 3
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new dwelling:
Alter/renovate the existing building:
Construct a new accessory structure:
Single-unit dwelling
Duplex/multi-unit dwelling
Manufactured home/RTM
Moved-in dwelling
Secondary suite
Addition (incl. attached garage)
Deck(s)
Roof-mounted Solar
Other _______________________
Detached garage/shop
Shed/greenhouse/gazebo/pool
Fence exceeding max. height
Other _______________________
Describe the proposed use, any changes from existing use, and any work to be done.
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
BUILDING DETAILS
Size/Dimensions
Principal Building
or Addition
Accessory Building/
Structure
Office Use
Building Size
m2 sq. ft
m2 sq. ft
Height of Building (grade to peak)
m ft
m ft
Attached Garage Size
m2 sq. ft
N/A
Proposed Setbacks from
Property Lines
Front
m ft
m ft
Rear
m ft
m ft
Side
m ft
m ft
Side
m ft
m ft
Parcel Type: Interior Lot Corner Lot
SECONDARY SUITE DETAILS
Is a secondary suite being requested? No Yes
Will the secondary suite be located in: An Existing Home A New Construction
Is there currently a secondary suite located on the property? No Yes
Will the secondary suite contain a separate entrance on the exterior of the home? No Yes
If yes, please indicate the location of the separate entrance: _____________________________________________
PROJECT DETAILS
Cost of Development: ________________ Start Date: __________________ Completion Date: _________________
Proposed Fencing and Height: ______________________________________________________________________
Proposed Landscaping: ________________________________________________________________
Off-street Parking Spaces (number and size, not including garage): ________________________________________
Town of Coalhurst Land Use Bylaw 462-25
Page 3 of 3
WAIVERS
Is a waiver (variance) to one or more standards in the Land Use Bylaw being requested? No Yes
If yes, please specify: ____________________________________________________________________________
ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Town of Coalhurst and as
such there are no abandoned wells in the proposed project area pertaining to this Development Permit application.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
I/We have read and understand the terms noted below and hereby apply for a Development Permit to carry out the
development described within this application including any attached plans, and supplementary forms and
documents. The information given on this form is full and complete and is, to the best of my knowledge, a true
statement of the facts in relation to the application for a Development Permit. I/We hereby certify that the
registered owner of the land is aware of, and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are
subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
1.
The Development Authority may deem a Development Permit application incomplete if any of the application
requirements are incomplete or the quality of the information is deemed inadequate to properly evaluate the
application.
2.
Plans, drawings, and any additional documentation deemed to be required to enable adequate consideration of
the application, must be submitted with this application.
3.
Although the Development Officer is in a position to advise applicants of the process and requirements of the
development application, such advice must not be taken as official consent, and is without prejudice to the
decision in connection with the formal application.
4.
Any development started before the issuance of a Development Permit and expiration of the appeal period is at
the applicant's own risk and subject to a fine as per the Town of Coalhurst's Zero Tolerance For Starting
Development Without The Benefit Of A Development Permit Policy.
5.
If a decision is not made within 40 days from the date the application is deemed complete, or within such
longer period as the applicant may approve in writing, the applicant may deem the application to be refused.
The applicant may exercise his/her right of appeal as though s/he had been mailed a refusal at the end of the
40-day period.
6.
A Development Permit does not constitute a building permit or approval from any provincial or federal
department. Construction undertaken subsequent to approval of this Development Permit application may be
regulated by the Alberta Safety Codes. The applicant/owner/developer assumes all responsibilities pertaining to
construction plan submissions, approval and inspections as may be required by the appropriate provincial body.
The applicant is responsible for determining and obtaining any other applicable provincial and federal approvals
prior to commencement.
CHECKLIST: DEVELOPMENT PERMIT APPLICATION
Completed Form A: Residential Development Permit Application
Building plans:
-
Scale and dimensions of exterior walls and interior rooms
-
Floor plan of all living space proposed to be developed
-
Building elevations (colour and finish) including front, sides, and rear elevations,
building height (from finished grade), roofing material, and roof pitch
Site plan:
-
Legal description and municipal address of subject property
-
Scale and north arrow
-
Adjacent roadways and lanes
-
Lot dimensions, lot area, and percentage of lot coverage and floor area ratio for
all structures
-
Proposed residence and/or any other buildings with dimensions of foundation
and projections including decks
-
The proposed distances from the front, side, and rear property lines
-
Location of lot access, existing sidewalk(s), and curbs
-
Location of fire hydrants, street light, power/telephone, cable pedestal(s) - if
located within property frontage
-
Location of any registered utility right-of-ways or easements
-
Number of off-street parking spaces
Computer generated grading/drainage plan
Architectural controls signed off (where applicable)
Building, Electrical, Gas, and Plumbing Permit applications
Application fee (determined at time of application)
Waiver request (where appliable - include a written explanation for the request)
Additional supporting documentation (where applicable - moved-in dwelling requires
recent colour photographs of the exterior and interior of the building)
Disclaimer - this checklist is intended to be used as a resource tool for Development Permit applicants. The contents
of this checklist are not a substitute for determining the completeness of an application.
Dwelling(s) - single unit, duplex, multi-unit, moved-in, manufactured, secondary suite
CHECKLIST: DEVELOPMENT PERMIT APPLICATION
Completed Form A: Residential Development Permit Application
Building plans (where applicable):
-
Scale and dimensions of exterior walls and interior rooms
-
Floor plan of the proposed space to be developed
-
Building elevations (colour and finish) including front, sides, and rear elevations,
building height (from finished grade), roofing material, and roof pitch
-
Decks: structural cross-section including foundation (pile depths and dimensions,
size and thickness of column pad footings, guardrails)
Site plan:
-
Legal description and municipal address of subject property
-
Scale and north arrow
-
Adjacent roadways and lanes, location of lot access
-
Lot dimensions, lot area, and percentage of lot coverage and floor area ratio for
all structures
-
Proposed structure(s) and existing structures on the property with dimensions of
foundation and projections including decks
-
The proposed distances from the front, side, and rear property lines
-
Location of any registered utility right-of-ways or easements on the property
Computer generated grading/drainage plan (required for additions and garages/
accessory buildings over 500 sq. ft.)
Architectural controls signed off (where applicable)
Building, Electrical, Gas, and Plumbing Permit applications (where applicable)
Application fee (determined at time of application)
Waiver request (where appliable - include a written explanation for the request)
Additional supporting documentation (where applicable - solar panel and racking
schematics)
Disclaimer - this checklist is intended to be used as a resource tool for Development Permit applicants. The contents
of this checklist are not a substitute for determining the completeness of an application.
Residential additions, decks, garages, sheds, accessory structures, solar
Town of Coalhurst
100 - 51 Avenue
Box 456, Coalhurst, AB T0L 0V0
PH: (403) 381-3033 / FX: (403)381-2924
EMAIL: [email protected]
FORM B: NON-RESIDENTIAL DEVELOPMENT PERMIT APPLICATION
Pursuant to Land Use Bylaw No. 462-25
Town of Coalhurst Land Use Bylaw 462-25
Page 1 of 3
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Town
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
Parcel Size: ________________________ m2 sq. ft. Land Use District: _______________________________
Existing use/development on the property: ____________________________________________________________
_______________________________________________________________________________________________
OFFICE USE
Application No:
Roll No:
Use:
Permitted Discretionary Waiver Prohibited
Application Received:
Application Fee:
Land Use District:
Site Inspection Date:
Application Deemed:
Expiry of 40-Day Decision
Timeframe:
Deadline for Missing
Documentation:
Date Incomplete:
Date Complete:
Date Reviewed by D.O.:
MSDA Meeting Date:
Date of Decision:
Effective Date:
Town of Coalhurst Land Use Bylaw 462-25
Page 2 of 3
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new building for:
Alter an existing building:
Change in or Intensification of use
Commercial Use
Industrial Use
Institutional/Recreational Use
Addition
Interior Renovation
Mixed-use development
Describe the proposed use, any changes from existing use, and any work to be done.
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
BUILDING DETAILS
Size/Dimensions
Principal Building
or Addition
Accessory Building/
Structure
Office Use
Building Size
m2 sq. ft
m2 sq. ft
Height of Building (grade to peak)
m ft
m ft
Proposed Setbacks from
Property Lines
Front
m ft
m ft
Rear
m ft
m ft
Side
m ft
m ft
Side
m ft
m ft
Parcel Type: Interior Lot Corner Lot
Please indicate the water and sewer requirements for the proposed development (check all that may apply):
Washroom/kitchen type facilities for staff
Washroom/food service facilities for public
Car/truck wash
No water/sewer services required
Processing/manufacturing process
Food processing
Other: ______________________________________
SITE LAYOUT
Is outdoor storage or a display area required or proposed? No Yes
Is a dedicated loading space/area proposed? No Yes
Is a drive-through component proposed which required a dedicated vehicle-stacking lane? No Yes
Off-street Parking Spaces (number and size): __________________________________________________________
Proposed Fencing and Height: ______________________________________________________________________
Proposed Landscaping: ____________________________________________________________________________
WAIVERS
Is a waiver (variance) to one or more standards in the Land Use Bylaw being requested? No Yes
If yes, please specify: ____________________________________________________________________________
Town of Coalhurst Land Use Bylaw 462-25
Page 3 of 3
PROJECT DETAILS
Construction Costs: ________________ Start Date: _______________ Estimated Completion Date: ______________
ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Town of Coalhurst and as
such there are no abandoned wells in the proposed project area pertaining to this Development Permit application.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
I/We have read and understand the terms noted below and hereby apply for a Development Permit to carry out the
development described within this application including any attached plans, and supplementary forms and
documents. The information given on this form is full and complete and is, to the best of my knowledge, a true
statement of the facts in relation to the application for a Development Permit. I/We hereby certify that the
registered owner of the land is aware of, and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are
subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
1.
The Development Authority may deem a Development Permit application incomplete if any of the application
requirements are incomplete or the quality of the information is deemed inadequate to properly evaluate the
application.
2.
Plans, drawings, and any additional documentation deemed to be required to enable adequate consideration of
the application, must be submitted with this application.
3.
Although the Development Officer is in a position to advise applicants of the process and requirements of the
development application, such advice must not be taken as official consent, and is without prejudice to the
decision in connection with the formal application.
4.
Any development started before the issuance of a Development Permit and expiration of the appeal period is at
the applicant's own risk and subject to a fine as per the Town of Coalhurst's Zero Tolerance For Starting
Development Without The Benefit Of A Development Permit Policy.
5.
If a decision is not made within 40 days from the date the application is deemed complete, or within such
longer period as the applicant may approve in writing, the applicant may deem the application to be refused.
The applicant may exercise his/her right of appeal as though s/he had been mailed a refusal at the end of the
40-day period.
6.
A Development Permit does not constitute a building permit or approval from any provincial or federal
department. Construction undertaken subsequent to approval of this Development Permit application may be
regulated by the Alberta Safety Codes. The applicant/owner/developer assumes all responsibilities pertaining to
construction plan submissions, approval and inspections as may be required by the appropriate provincial body.
The applicant is responsible for determining and obtaining any other applicable provincial and federal approvals
prior to commencement.
CHECKLIST: DEVELOPMENT PERMIT APPLICATION
Completed Form B: Non-residential Development Permit Application
Building plans:
-
Scale and dimensions of exterior walls and interior rooms
-
Floor plan of all interior space proposed to be developed
-
Building elevations (all sides), colour and finish, building height (from finished
grade), roofing material, and roof pitch (if applicable)
Professionally prepared plans (all to include legal description and municipal address of
subject property, scale and north arrow, adjacent roadways and lanes):
-
Site plan:
o Lot dimensions, lot area, and percentage of lot coverage and floor area
ratio for all structures
o Proposed and existing buildings with dimensions of foundation and
projections, include location(s) of proposed outdoor storage
o The proposed distances from the front, side, and rear property lines
o Location of fire hydrants, street light, power/telephone, cable pedestal(s)
- if located within property
o Location of any registered utility right-of-ways or easements
-
Grading/drainage plan
-
Landscaping plan (include labeling of all vegetation (trees, shrubs, ground
cover), hardscaping (paving, rocks, etc.), fencing, garbage/recycling, irrigation)
-
Parking and traffic circulation plan (include lot access, existing sidewalk(s),
curbs, emergency/fire access information, swept path analysis, bike parking)
-
Lighting plan
Building, Electrical, Gas, and Plumbing Permit applications
Application fee (determined at time of application)
Waiver request (where appliable - include a written explanation for the request)
Additional supporting documentation (where applicable - outline of the proposed
development, government approvals, public participation process, etc.)
Disclaimer - this checklist is intended to be used as a resource tool for Development Permit applicants. The contents
of this checklist are not a substitute for determining the completeness of an application.
Non-residential Development (Commercial, Industrial, Institutional, Recreational)
Town of Coalhurst
100 - 51 Avenue
Box 456, Coalhurst, AB T0L 0V0
PH: (403) 381-3033 / FX: (403)381-2924
EMAIL: [email protected]
FORM C: HOME OCCUPATION DEVELOPMENT PERMIT APPLICATION
Pursuant to Land Use Bylaw No. 462-25
Town of Coalhurst Land Use Bylaw 462-25
Page 1 of 3
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Town
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
Parcel Size: ________________________ m2 sq. ft. Land Use District: _______________________________
Existing use/development on the property: ____________________________________________________________
_______________________________________________________________________________________________
OFFICE USE
Application No:
Roll No:
Use:
Permitted Discretionary Waiver Prohibited
Application Received:
Application Fee:
Land Use District:
Site Inspection Date:
Application Deemed:
Expiry of 40-Day Decision
Timeframe:
Deadline for Missing
Documentation:
Date Incomplete:
Date Complete:
Date Reviewed by D.O.:
MSDA Meeting Date:
Date of Decision:
Effective Date:
Town of Coalhurst Land Use Bylaw 462-25
Page 2 of 3
BUSINESS DESCRIPTION
(1) Describe the primary function of your business. What goods and/or services are provided?
Attach an additional sheet outlining the business.
(2) Is there another home occupation already operating out of the residence? No Yes
(3) Is there a secondary suite in the residence? No Yes
If yes, please provide details:___________________________________________________________________
(4) Where will the business operate from? In-home
Accessory building
Off-site/Mobile
(5) How will you interact or do business with your clients or customers?
In person. Clients/customers will come to the residence. On average, how many clients will
come to the residence?
Less than 1 per day
1-5 per day
More than 5 per day
Remotely. Clients/customers will not be coming to the residence but will only be in contact by:
Phone /Fax
Mail
Courier
Email/Internet
(6) How many parking spaces for any client visits, deliveries, etc. will be available? ____________
(7) Days and hours of operation:____________________________________________________
(8) Will there be any employees that are not residents of the dwelling? No Yes
If YES: How many employees will come to the residence? ____________
Will more than 1 employee come to the residence at a time? No Yes
(9) Will there be any equipment or materials stored outside the dwelling that will be used in
conjunction with the business? No Yes
If yes, please list materials & quantities:___________________________________________________________
(10) Will any vehicles/machinery/trailers/tools be used to operate the business? Please list.
______________________________________________________________________________
(11) Will there be any flammable/hazardous materials on the premises as a result of the business?
No Yes (please list materials & quantities):__________________________________________________
(12) Will any goods be displayed at the residence? No Yes
(13) Will there be a sign for the business? No Yes
If yes, please describe size, type, and location:_____________________________________________________
(14) Does the business require additional government approvals? No Yes
If yes, please describe (AHS, AMVIC, etc.):_____________________________________________________
Town of Coalhurst Land Use Bylaw 462-25
Page 3 of 3
ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Town of Coalhurst and as
such there are no abandoned wells in the proposed project area pertaining to this Development Permit application.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
I/We have read and understand the terms noted below and hereby apply for a Development Permit to carry out the
development described within this application including any attached plans, and supplementary forms and
documents. The information given on this form is full and complete and is, to the best of my knowledge, a true
statement of the facts in relation to the application for a Development Permit. I/We hereby certify that the
registered owner of the land is aware of, and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are
subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
1.
The Development Authority may deem a Development Permit application incomplete if any of the application
requirements are incomplete or the quality of the information is deemed inadequate to properly evaluate the
application.
2.
Plans, drawings, and any additional documentation deemed to be required to enable adequate consideration of
the application, must be submitted with this application.
3.
Although the Development Officer is in a position to advise applicants of the process and requirements of the
development application, such advice must not be taken as official consent, and is without prejudice to the
decision in connection with the formal application.
4.
Any development started before the issuance of a Development Permit and expiration of the appeal period is at
the applicant's own risk and subject to a fine as per the Town of Coalhurst's Zero Tolerance For Starting
Development Without The Benefit Of A Development Permit Policy.
5.
If a decision is not made within 40 days from the date the application is deemed complete, or within such
longer period as the applicant may approve in writing, the applicant may deem the application to be refused.
The applicant may exercise his/her right of appeal as though s/he had been mailed a refusal at the end of the
40-day period.
6.
A Development Permit does not constitute a building permit or approval from any provincial or federal
department. Construction undertaken subsequent to approval of this Development Permit application may be
regulated by the Alberta Safety Codes. The applicant/owner/developer assumes all responsibilities pertaining to
construction plan submissions, approval and inspections as may be required by the appropriate provincial body.
The applicant is responsible for determining and obtaining any other applicable provincial and federal approvals
prior to commencement.
CHECKLIST: DEVELOPMENT PERMIT APPLICATION
Completed Form C: Home Occupation Development Permit Application
Site plan (required for Home Occupation 2):
-
Legal description and municipal address of subject property
-
Scale and north arrow
-
Adjacent roadways and lanes, location of lot access
-
Entrance to be used by clients
-
Location of off-street client parking
-
Location of proposed outdoor storage (to be screened from view)
Floor plan of interior space(s) to be used for business (when clients come to property)
Building, Electrical, Gas, and Plumbing Permit applications (where applicable)
Application fee (determined at time of application)
Waiver request (where appliable - include a written explanation for the request)
Additional supporting documentation (where applicable)
Disclaimer - this checklist is intended to be used as a resource tool for Development Permit applicants. The contents
of this checklist are not a substitute for determining the completeness of an application.
Home Occupation Businesses
Town of Coalhurst
100 - 51 Avenue
Box 456, Coalhurst, AB T0L 0V0
PH: (403) 381-3033 / FX: (403)381-2924
EMAIL: [email protected]
FORM D: BUILDING REMOVAL DEVELOPMENT PERMIT APPLICATION
Pursuant to Land Use Bylaw No. 462-25
Town of Coalhurst Land Use Bylaw 462-25
Page 1 of 3
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Town
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed building removal if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
Parcel Size: ________________________ m2 sq. ft. Land Use District: _______________________________
Existing use/development on the property: ____________________________________________________________
_______________________________________________________________________________________________
OFFICE USE
Application No:
Roll No:
Land Use District:
Site Inspection Date:
Application Received:
Application Fee:
Date Reviewed by D.O.:
Date of Decision:
Application Deemed:
Utilities Signed Off: Yes No
Date Incomplete:
Date Complete:
Accompanying DP Application: Yes No
DP Application no:
Town of Coalhurst Land Use Bylaw 462-25
Page 2 of 3
STRUCTURES TO BE REMOVED
Description of Buildings/Structure(s): ________________________________________________________________
_______________________________________________________________________________________________
Type of Work:
Removal to another site (no demolition)
Demolition of building/structure
Building Size:
____________________ m2 sq. ft
Height of Building: _________________ m2 sq. ft
Number of storeys: ___________
DEMOLITION INFORMATION
Method of Demolition: Manual (no heavy equipment) Using heavy equipment
Other - please explain: ____________________________________________________
Dump Site Location: ______________________________________________________________________________
**Note: Construction debris should be dumped in an approved certified site whenever possible. If that is not
possible, approval must be obtained from Alberta Environment prior to demolition.**
Location where building(s) are being moved to (if not being demolished):___________________________________
_______________________________________________________________________________________________
Contractor responsible for removal/demolition (if different from applicant): __________________________________
Post building removal plan for property: Rebuild (separate Development Permit application required)
To be left vacant (drainage plan & weed management plan required)
PROJECT DETAILS
Cost of Development: ________________ Start Date: __________________ Completion Date: _________________
DISCONNECTION OF ALL SERVICES
Acquire signature (or written verification) from all applicable agencies verifying services are disconnected:
Electrical power
__________________________________________________________
Natural gas
__________________________________________________________
Oil lines
__________________________________________________________
Telephone cables
__________________________________________________________
Communication lines (tv, internet)
__________________________________________________________
Water lines
__________________________________________________________
Storm & sanitary sewer
__________________________________________________________
Private Septic
__________________________________________________________
Town of Coalhurst Land Use Bylaw 462-25
Page 3 of 3
ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Town of Coalhurst and as
such there are no abandoned wells in the proposed project area pertaining to this Development Permit application.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
I/We have read and understand the terms noted below and hereby apply for a Development Permit to carry out the
development described within this application including any attached plans, and supplementary forms and
documents. The information given on this form is full and complete and is, to the best of my knowledge, a true
statement of the facts in relation to the application for a Development Permit. I/We hereby certify that the
registered owner of the land is aware of, and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are
subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
1.
The Development Authority may deem a Development Permit application incomplete if any of the application
requirements are incomplete or the quality of the information is deemed inadequate to properly evaluate the
application.
2.
Plans, drawings, and any additional documentation deemed to be required to enable adequate consideration of
the application, must be submitted with this application.
3.
Although the Development Officer is in a position to advise applicants of the process and requirements of the
development application, such advice must not be taken as official consent, and is without prejudice to the
decision in connection with the formal application.
4.
Any development started before the issuance of a Development Permit and expiration of the appeal period is at
the applicant's own risk and subject to a fine as per the Town of Coalhurst's Zero Tolerance For Starting
Development Without The Benefit Of A Development Permit Policy.
5.
If a decision is not made within 40 days from the date the application is deemed complete, or within such
longer period as the applicant may approve in writing, the applicant may deem the application to be refused.
The applicant may exercise his/her right of appeal as though s/he had been mailed a refusal at the end of the
40-day period.
6.
A Development Permit does not constitute a building permit or approval from any provincial or federal
department. Construction undertaken subsequent to approval of this Development Permit application may be
regulated by the Alberta Safety Codes. The applicant/owner/developer assumes all responsibilities pertaining to
construction plan submissions, approval and inspections as may be required by the appropriate provincial body.
The applicant is responsible for determining and obtaining any other applicable provincial and federal approvals
prior to commencement.
CHECKLIST: DEVELOPMENT PERMIT APPLICATION
Completed Form D: Building Removal/Demolition Permit Application
On-site consultation with Public Works Director (min. 48 hrs prior to work commencing)
Final plan for property after building is removed/demolished and reclamation complete
-
Grading/drainage plan (if property will be vacant after removal or demolition)
-
Complete Development Permit application for new development where building is
being replaced
Building Permit application
Application fee (determined at time of application) & security deposit (where applicable)
Additional supporting documentation (where applicable)
Disclaimer - this checklist is intended to be used as a resource tool for Demolition Permit applicants. The contents of
this checklist are not a substitute for determining the completeness of an application.
Building removal & Demolition
Town of Coalhurst
100 - 51 Avenue
Box 456, Coalhurst, AB T0L 0V0
PH: (403) 381-3033 / FX: (403)381-2924
EMAIL: [email protected]
FORM E: SIGNAGE DEVELOPMENT PERMIT APPLICATION
Pursuant to Land Use Bylaw No. 462-25
Town of Coalhurst Land Use Bylaw 462-25
Page 1 of 3
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Town
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
Parcel Size: ________________________ m2 sq. ft. Land Use District: _______________________________
Existing use/development on the property: ____________________________________________________________
_______________________________________________________________________________________________
OFFICE USE
Application No:
Roll No:
Use:
Permitted Discretionary Waiver Prohibited
Application Received:
Application Fee:
Land Use District:
Site Inspection Date:
Application Deemed:
Expiry of 40-Day Decision
Timeframe:
Deadline for Missing
Documentation:
Date Incomplete:
Date Complete:
Date Reviewed by D.O.:
MSDA Meeting Date:
Date of Decision:
Effective Date:
Town of Coalhurst Land Use Bylaw 462-25
Page 2 of 3
SIGN INFORMATION
Type of work (select all that apply):
New Permanent Sign
Wall (fascia)
Freestanding
Canopy/Roof mounted
Sandwich Board
Banding Sign
Changes to Existing Sign
Electrified
Non-electrified
Indirect Illumination
Internal Illumination
Direct Illumination
Flashing/LED
Temporary Sign
Animated
Rotating
Awning
Portable
Electronic Variable Messages
Lettering
Size/Dimensions
Proposed Sign
Office Use
Distance from
Property Lines
Office Use
Length of Sign:
m ft
Front
m ft
Height of Sign:
m ft
Rear
m ft
Sign Face Area:
m2 sq. ft
Side
m ft
Top of Sign Height
from Grade:
m ft
Side
m ft
Top of Sign Height
from Roof:
m ft
Bottom of Sign
Height from Grade:
m ft
Sign materials: _____________________________________________________________________
Are there any other signs on this property? No Yes
If yes, please specify: ____________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
If the sign is only for temporary use:
For how many days is the sign proposed to be displayed: _____________ days
Will the sign be used to advertise off-premises business, products or services? No Yes
WAIVERS
Is a waiver (variance) to one or more standards in the Land Use Bylaw being requested? No Yes
If yes, please specify: ____________________________________________________________________________
PROJECT DETAILS
Cost of Development: ________________ Start Date: __________________ Completion Date: _________________
Town of Coalhurst Land Use Bylaw 462-25
Page 3 of 3
ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Town of Coalhurst and as
such there are no abandoned wells in the proposed project area pertaining to this Development Permit application.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
I/We have read and understand the terms noted below and hereby apply for a Development Permit to carry out the
development described within this application including any attached plans, and supplementary forms and
documents. The information given on this form is full and complete and is, to the best of my knowledge, a true
statement of the facts in relation to the application for a Development Permit. I/We hereby certify that the
registered owner of the land is aware of, and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are
subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
1.
The Development Authority may deem a Development Permit application incomplete if any of the application
requirements are incomplete or the quality of the information is deemed inadequate to properly evaluate the
application.
2.
Plans, drawings, and any additional documentation deemed to be required to enable adequate consideration of
the application, must be submitted with this application.
3.
Although the Development Officer is in a position to advise applicants of the process and requirements of the
development application, such advice must not be taken as official consent, and is without prejudice to the
decision in connection with the formal application.
4.
Any development started before the issuance of a Development Permit and expiration of the appeal period is at
the applicant's own risk and subject to a fine as per the Town of Coalhurst's Zero Tolerance For Starting
Development Without The Benefit Of A Development Permit Policy.
5.
If a decision is not made within 40 days from the date the application is deemed complete, or within such
longer period as the applicant may approve in writing, the applicant may deem the application to be refused.
The applicant may exercise his/her right of appeal as though s/he had been mailed a refusal at the end of the
40-day period.
6.
A Development Permit does not constitute a building permit or approval from any provincial or federal
department. Construction undertaken subsequent to approval of this Development Permit application may be
regulated by the Alberta Safety Codes. The applicant/owner/developer assumes all responsibilities pertaining to
construction plan submissions, approval and inspections as may be required by the appropriate provincial body.
The applicant is responsible for determining and obtaining any other applicable provincial and federal approvals
prior to commencement.
CHECKLIST: DEVELOPMENT PERMIT APPLICATION
Completed Form E: Signage Development Permit Application
Site plan:
-
Legal description and municipal address of subject property
-
Scale and north arrow
-
Adjacent roadways and lanes, location of lot access
-
Location of all existing and proposed sign(s)
-
Location of the property boundaries of the parcel upon which the proposed
sign(s) are to be located
-
Setbacks from property lines of proposed sign(s) and existing building(s)
-
Location of any registered utility right-of-ways or easements on the property
Sign layout:
-
Size, height, and other dimensions of the proposed sign(s), including any
supporting structures
-
To scale colour rendering of proposed signage
Building, Electrical, Gas, and Plumbing Permit applications (where applicable)
Application fee (determined at time of application)
Waiver request (where appliable - include a written explanation for the request)
Additional supporting documentation (where applicable)
Disclaimer - this checklist is intended to be used as a resource tool for Development Permit applicants. The contents
of this checklist are not a substitute for determining the completeness of an application.
Signage
Town of Coalhurst
100 - 51 Avenue
Box 456, Coalhurst, AB T0L 0V0
PH: (403) 381-3033 / FX: (403)381-2924
EMAIL: [email protected]
FORM F: APPLICATION FOR LAND USE BYLAW OR
STATUTORY DOCUMENT AMENDMENT
Town of Coalhurst Land Use Bylaw 462-25
Page 1 of 3
A refusal is not appealable and a subsequent application for amendment involving the same lot and/or the same or
similar use may not be made for at least 12 months after the date of refusal.
IMPORTANT NOTE: Although administration is in a position to advise on the principle or details of any proposals,
such advice must not be taken in any way as official consent.
PREFERRED METHOD OF DELIVERY (PLEASE SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Town
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
OFFICE USE
Application No:
Roll No:
Redesignation Text Amendment
Application Received:
Application Fee:
Land Use District:
Date submitted to ORRSC:
Application Deemed:
Deadline for Missing
Documentation:
Site Plan
Conceptual Design Scheme
or ASP
Certificate of Title (not
older than 60 days prior to
application date)
Date Incomplete:
Date Complete:
First Reading Date:
Public Hearing Date:
Second/Third Reading Date(s):
Town of Coalhurst Land Use Bylaw 462-25
Page 2 of 3
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
OR Quarter ___________ Section ___________ Township ___________ Range __________ W4M
AMENDEMENT INFORMATION
What is the proposed amendment:
LUB Text Amendment
Land Use Redesignation
MDP Amendment
ASP Amendment
IF TEXT AMENDMENT:
For text amendments, attach a description including:
-
The section(s) to be amended;
-
The change(s) to the text; and
-
The reason(s) for change(s).
IF LAND USE REDESIGNATION (REZONING):
Current Land Use Designation (zoning): ______________________________________________________________
Proposed Land Use Designation (zoning): _____________________________________________________________
Land Use Bylaw no. 462-25 (Administration Section 50) regulates the information required to accompany an
application for redesignation. A descriptive narrative detailing the following is required:
-
The proposed designation and future land use(s);
-
If and how the proposed redesignation is consistent with applicable statutory plans;
-
The compatibility of the proposal with surrounding uses and zoning;
-
The development suitability or potential of the site, including identification of any constraints and/or hazard
areas (e.g. easements, soil conditions, topography, drainage, etc.);
-
Availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police
protection, schools, etc.) to serve the subject property while maintaining adequate levels of service to
existing development; and
-
Any potential impacts on public roads.
An Area Structure Plan or Conceptual Design Scheme may be required in conjunction with this application where:
-
Redesignating land from Parks and Recreation (PR) to another district;
-
Multiple parcels of land are involved;
-
More than four lots could be created;
-
Several pieces of fragmented land are adjacent to the proposal;
-
Internal public roads would be required;
-
Municipal services would need to be extended; or
-
Required by Council of the Municipal Subdivision and Development Authority.
The Development Officer or Council may also require a:
-
Geotechnical report; and/or
-
Stormwater management plan.
Town of Coalhurst Land Use Bylaw 462-25
Page 3 of 3
ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Town of Coalhurst and as
such there are no abandoned wells in the lands affected by this application.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the
facts in relation to the application. I/We hereby certify that the registered owner of the land is aware of,
and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are
subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
Town of Coalhurst
100 - 51 Avenue
Box 456, Coalhurst, AB T0L 0V0
PH: (403) 381-3033 / FX: (403)381-2924
EMAIL: [email protected]
FORM G: AGREEMENT FOR TIME EXTENSION
Pursuant to Land Use Bylaw No. 462-25
Town of Coalhurst Land Use Bylaw 462-25
Page 1 of 1
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Town
Office myself (applicant will be notified by phone when documents are available for pick-up).
AGREEMENT FOR TIME EXTENSION
I/We ____________________________________________________________________being the registered owner
or person authorized to act on behalf of the registered owner with respect to Application no: ___________________
applying for: ____________________________________________________________________________________
on lands located at: (Municipal Address)______________________________________________________________
(Legal Description) Plan ____________________ Block ______________________ Lot(s)/Unit _________________
do hereby agree to a time extension of: __________________days, until____________________________________
_______________________________________________________________________________________________
On the understanding that if a decision has not been made by this time, I may deem the application refused and
appeal to the Chinook Intermunicipal Subdivision and Development Appeal Board in accordance with the provisions
of the Municipal Government Act.
Date: ________________________________ _________________________________________________
_________________________________________________
Date: ________________________________ _________________________________________________
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are
subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
OFFICE USE
Application No:
Roll No:
Expiry of 40-Day Decision Timeframe:
Application Received:
Date Development Permit Application Deemed Complete:
MSDA Meeting Date:
Signature of Registered Owner/Person Acting on behalf of:
Signature of Witness
Signature of Designated Officer - Town of Coalhurst
Town of Coalhurst
100 - 51 Avenue
Box 456, Coalhurst, AB T0L 0V0
PH: (403) 381-3033 / FX: (403)381-2924
EMAIL: [email protected]
FORM H: NOTICE OF APPEAL APPLICATION
Pursuant to Land Use Bylaw No. 462-25
Town of Coalhurst Land Use Bylaw 462-25
Page 1 of 1
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Town
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPELLANT INFORMATION
Name: ______________________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
APPLICATION BEING APPEALED
Development Application no. ______________
Subdivision Application no. ________________
Stop Order no. __________________________
I/We do hereby appeal the following decision/order:____________________________________________________
_______________________________________________________________________________________________
The grounds for the appeal are as follows (attach additional documentation if required): _______________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are
subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Appellant's Signature: ___________________________________________
OFFICE USE
Appeal No:
Roll No:
Date of Decision:
21-day Appeal Period Date:
Appeal Received:
Application Fee:
Date Paid:
Hearing Date:
Town of Coalhurst
100 - 51 Avenue
Box 456, Coalhurst, AB T0L 0V0
PH: (403) 381-3033 / FX: (403)381-2924
EMAIL: [email protected]
FORM I: TELECOMMUNICATION SITING
PROTOCOL APPLICATION
Town of Coalhurst Land Use Bylaw 462-25
Page 1 of 2
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Town
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent Antenna proponent/developer Contractor Tenant Other:____________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
Parcel Size: ________________________ m2 sq. ft. Land Use District: _______________________________
Existing use/development on the property: ____________________________________________________________
_______________________________________________________________________________________________
DETAILS OF THE PROPOSED DEVELOPMENT
What will the antenna/tower be used for? _____________________________________________________________
Are there any roads or approaches on the parcel? ______________________________________________________
Is co-utilization with existing antenna systems proposed? No Yes
OFFICE USE
Application no:
Roll No:
Land Use District:
Site Inspection Date:
Application Received:
Application Fee:
Application Deemed Complete:
Development Hearing Date:
Town of Coalhurst Land Use Bylaw 462-25
Page 2 of 2
Are there any other antenna towers located within 800 metres of the subject proposal? No Yes
If yes, describe what the tower is used for, its operator(s), and a location map.
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Describe the proposed finish/colour and if lighting or any markings are proposed for the antenna. _______________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Will the structure be visible from residential areas? No Yes
If yes, please describe the stealth structure options/screening. _______________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Will signage be used? No Yes If yes, please describe. ______________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Will the antenna contain any markings? No Yes If yes, please describe. _______________________
_______________________________________________________________________________________________
ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Town of Coalhurst and as
such there are no abandoned wells on the property affected by the proposed telecommunication tower.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the
facts in relation to the application for a Development Permit. I/We hereby certify that the registered owner of
the land is aware of, and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are
subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
Town of Coalhurst
100 - 51 Avenue
Box 456, Coalhurst, AB T0L 0V0
PH: (403) 381-3033 / FX: (403)381-2924
EMAIL: [email protected]
FORM J: VOLUNTARY WAIVER OF CLAIMS
Development Commencement Form
Town of Coalhurst Land Use Bylaw 462-25
Page 1 of 2
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Town
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
"VOLUNTARY WAIVER OF CLAIM" (OPTIONAL)
For Development Approvals of Discretionary Uses and/or Approvals granting a waiver of development
standards.
This "Voluntary Waiver of Claims" allows you to commence your development at your own risk in advance of the date
of validity on your Development Permit. The permit's valid date is the date at which the appeal period for the public
has expired.
By agreeing to this "Voluntary Waiver of Claims" you agree that should an appeal be made you will immediately
cease the development pending the outcome of the appeal and will waive all claims to the compensation from the
OFFICE USE
Development Permit No:
Roll No:
Application Received:
Date Deemed Complete:
Town of Coalhurst Land Use Bylaw 462-25
Page 2 of 2
Town of Coalhurst for costs associated with the cessation and/or costs resulting from the outcome of the appeal,
including the removal of improvements and restoration of disturbances to the land/buildings to their former state.
Agreement to this "Voluntary Waiver of Claims" does not nullify your own right to an appeal. You may appeal any
condition of approval on the Development Permit to the Chinook Intermunicipal Subdivision and Development Appeal
Board by the date identified on your permit.
Agreement to this "Voluntary Waiver of Claims" and possession of the released Development Permit does not
eliminate the need for a Business License, Building Permit or other permits. Do not commence development without
first obtaining all the necessary permits.
I have read, understood, and agree to this "Voluntary Waiver of Claims"
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are
subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).