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LAND USE
BYLAW
Prepared by the County of Stettler No. 6 Council and Planning and Development Services
Bylaw No. 1443-10 adopted March 9, 2011
Office Consolidation current as of March 13, 2024
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Amending Bylaws:
Bylaw 1481-12 adopted June 12, 2013
Bylaw 1519-14 adopted July 23, 2014
Bylaw 1560-16 as adopted July 13, 2016
Bylaw 1533-14 adopted August 10, 2016
Bylaws 1559-16, 1567-16, 1569-16 and 1571-16 as adopted September 14, 2016
Bylaw 1590-18 as adopted March 14, 2018
Bylaw 1597-18 as adopted September 12, 2018
Bylaw 1602-18 as adopted November 13, 2018
Bylaw 1611-19 as adopted November 6, 2019
Bylaw 1624-19 as adopted December 11, 2019
Bylaw 1631-20 as adopted April 22, 2020
Bylaw 1634-20 as adopted May 13, 2020
Bylaw 1644-20 as adopted December 9, 2020
Bylaw 1654-21 as adopted March 10, 2021
Bylaw 1656-21 as adopted May 12, 2021
Bylaw 1657-21 as adopted May 12, 2021
Bylaw 1658-21 as adopted May 12, 2021
Bylaw 1659-21 as adopted May 12, 2021
Bylaw 1661-21 as adopted June 9, 2021
Bylaw 1664-21 as adopted September 8, 2021
Bylaw 1665-21 as adopted September 8, 2021
Bylaw 1670-21 as adopted January 12, 2022
Bylaw 1677-22 as adopted May 11, 2022
Bylaw 1693-23 as adopted May 10, 2023
Bylaw 1694-23 as adopted May 10, 2023
Bylaw 1699-23 as adopted July 12, 2023
Bylaw 1705-23 as adopted August 9, 2023
Bylaw 1707-23 as adopted September 13, 2023
Bylaw 1709-23 as adopted November 15, 2023
Bylaw 1712-23 as adopted January 10, 2024
Bylaw 1719-24 as adopted March 13, 2024
Bylaw 1720-24 as adopted March 13, 2024
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
TABLE OF CONTENTS
To facilitate convenient updating of this document, page numbering is being omitted. Please
search by Section numbers. The content of Part Six has been arranged alphabetically by heading.
PART ONE: INTRODUCTION
1
SHORT TITLE
2
EFFECTIVE DATE
3
PURPOSE
4
APPLICATION OF THIS BYLAW
5
OTHER LEGISLATIVE REQUIREMENTS
6
UNITS OF MEASUREMENT
7
RULES OF INTERPRETATION
8
LAND USE AND BUILDING DEFINITIONS
9
INTERPRETIVE DEFINITIONS
PART TWO: PLANNING AUTHORITIES
10
DEVELOPMENT AUTHORITY
11
DEVELOPMENT OFFICER
12
MUNICIPAL PLANNING COMMISSION
13
SUBDIVISION AUTHORITY
14
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
PART THREE: DEVELOPMENT PERMITS
15
CONTROL OF DEVELOPMENT
16
DEVELOPMENT DEEMED APPROVED
17
DEVELOPMENT PERMIT APPLICATION - PLANS AND INFORMATION REQUIRED
18
DEMOLITION OF EXISTING DEVELOPMENT
19
FEES
20
RIGHT OF ENTRY
21
REFERRAL OF DEVELOPMENT PERMIT APPLICATIONS
22
DECISION ON DEVELOPMENT PERMIT APPLICATIONS
23
VARIANCE AUTHORITY
24
DEVELOPMENT PERMIT CONDITIONS
25
TEMPORARY DEVELOPMENT PERMITS
26
NON-CONFORMING BUILDINGS AND USES
27
NOTIFICATION OF DECISION
28
APPLICATION DEEMED REFUSED
29
SUBSEQUENT APPLICATIONS
30
COMPLIANCE WITH DEVELOPMENT PERMIT CONDITIONS
31
VALIDITY OF A DEVELOPMENT PERMIT
32
SUSPENSION OR REVOCATION OF A DEVELOPMENT PERMIT
33
RIGHT OF APPEAL
34
THE APPEAL PROCESS
PART FOUR: PROCEDURE FOR BYLAW AMENDMENTS
35
APPLICATION TO AMEND THE LAND USE BYLAW
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
PART FIVE: BYLAW ENFORCEMENT
36
CONTRAVENTION
37
STOP ORDER AND ORDERS OF COMPLIANCE
38
PENALTIES AND FINES
PART SIX: GENERAL LAND USE REGULATIONS
39
APPLICABILITY
40
ACCESS TO A PARCEL OF LAND
41
AGRICULTURE PREVAILS IN THE AGRICULTURAL DISTRICT
42
AIRPORT VICINITY OVERLAY DISTRICT
43
ANCILLARY BUILDING AND FARM BUILDING
44
ATTACHING A DWELLING UNIT TO AN ANCILLARY BUILDING OR A FARM BUILDING
45
BED AND BREAKFAST ESTABLISHMENT AND GUEST RANCH
46
BOARDING HOUSE
47
BUILDING PERMIT MUST BE CONSISTENT WITH DEVELOPMENT PERMIT
48
CANNABIS RETAIL SALES AND CANNABIS PRODUCTION
49
CANVAS COVERED STRUCTURE
50
CHANGE OF USE OR INTENSITY OF USE
51
COMMERCIAL AND INDUSTRIAL DESIGN GUIDELINES
52
COMMUNICATION ANTENNA AND STRUCTURE
53
COMPLIANCE WITH OTHER LEGISLATION
54
CONCERT SITE (SPECIAL EVENT)
55
CONTRACTOR'S BUSINESS - HOME BASED OR NOT HOME BASED
56
DECK
57
DEMOLITION OF BUILDINGS AND STRUCTURES
58
DEVELOPMENT SETBACKS, BUFFERING AND COMPATIBLE DEVELOPMENT
59
EASEMENTS
60
EXCAVATION, GRADING, ALTERING OVERLAND DRAINAGE AND WETLANDS, SURFACE
MINERAL EXTRACTION, CONSTRUCTION SITE PREPARATION AND REMOVAL OF TOPSOIL
61
FENCING
62
GARDEN SUITE
63
HOME BUSINESS
64
KENNEL
65
LAND RECLAMATION
66
LANDSCAPING
67
MANUFACTURED HOME
68
MOVED-IN / RELOCATED BUILDING
69
NUMBER OF DWELLING UNITS ON A PARCEL OF LAND
70
NUMBER OF PRINCIPAL AND ANCILLARY BUILDINGS AND USES ON A PARCEL OF LAND
71
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
72
OUTDOOR LIGHTING
73
PARKING AND LOADING STANDARDS
74
PERMITTED ENCROACHMENTS
75
RECREATIONAL VEHICLE STORAGE
76
RECREATIONAL VEHICLE AS A DWELLING UNIT ON A PARCEL OF LAND THAT IS NOT A
RECREATIONAL VEHICLE PARK OR A CAMPGROUND
77
RECREATIONAL VEHICLE PARK AND/OR CAMPGROUND
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
78
SALVAGE AND RECYCLING FACILITY
79
SATELLITE DISH ANTENNA
80
SCREENING, BUFFERING
81
SEA-CAN
82
SECONDARY SUITE
83
SECURITY/OPERATOR DWELLING UNIT
84
SIGNS AND ADVERTISING
85
SITE DESIGN, BUILDING DESIGN, CHARACTER AND APPEARANCE
86
TEMPORARY BUILDINGS, STRUCTURES AND USES
87
TRADING IN MOTOR VEHICLES
88
WORK CAMP
PART SEVEN: LAND USE DISTRICTS AND REGULATIONS
89
ESTABLISHMENT OF LAND USE DISTRICTS
90
BOUNDARIES OF LAND USE DISTRICTS
91
APPLICATION OF DISTRICTS AND DISTRICT REGULATIONS
92
AGRICULTURAL DISTRICT (A)
93
AIRPORT DISTRICT (AD)
94
COMMERCIAL DISTRICT (C)
95
COUNTRY RESIDENCE DISTRICT (CR)
96
COUNTRY RESIDENCE AGRICULTURAL DISTRICT (CR-A)
97
COUNTRY RESIDENCE EQUESTRIAN DISTRICT (CR-E)
98
COUNTRY RESIDENCE RECREATIONAL DISTRICT (CRR)
99
COUNTRY RESIDENCE - SMALL LOT DISTRICT (CR-SL)
100 HAMLET COMMERCIAL DISTRICT (HC)
101 HAMLET INDUSTRIAL DISTRICT (HI)
102 HAMLET RESIDENTIAL DISTRICT (HR)
103 HIGHWAY COMMERCIAL DISTRICT (HWY-C)
104 HIGHWAY MIXED USE DISTRICT (HWY-MU)
105 INDUSTRIAL DISTRICT (IND)
106 MANUFACTURED HOME PARK DISTRICT (MHP)
107 PUBLIC SERVICES DISTRICT (PS)
108 RECREATIONAL FACILITY DISTRICT (RF)
109 RESORT RESIDENTIAL DISTRICT (RR)
110 RESORT RESIDENTIAL - COMMUNALLY SERVICED DISTRICT (RR-CS)
111 RESORT RESIDENTIAL - RECREATIONAL DISTRICT (RR-REC)
112 DIRECT CONTROL - SAND, GRAVEL AND SURFACE MINERAL DISTRICT (DC - SGSM)
LIST OF SCHEDULES
Schedule 'A' - Town and County of Stettler Airport Vicinity Overlay District
Schedule 'B' - Gateway Commercial and Industrial Design Guidelines
Schedule 'C' - Zoning Map and Record of Decisions Pursuant to Section 90.5
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
PART ONE
INTRODUCTION
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
1.
SHORT TITLE
1.1
This Bylaw may be cited as the "County of Stettler No. 6 Land Use Bylaw".
2.
EFFECTIVE DATE
2.1
This Bylaw comes into force and takes effect upon the date of its third reading.
3.
PURPOSE
3.1
The purpose of this Bylaw is to regulate the use and development of land and buildings in
the County of Stettler No. 6 and to establish the authorities required to exercise the
related powers, functions and duties on behalf of the County, pursuant to Part 17 of
the Municipal Government Act.
4.
APPLICATION OF THIS BYLAW
4.1
The provisions of this Bylaw apply to all lands and buildings within the boundaries of the
County, pursuant to Part 17 of the Municipal Government Act.
4.2
No person shall commence any development within the County except in compliance with
this Bylaw.
5.
OTHER LEGISLATIVE REQUIREMENTS
5.1
Compliance with the requirements of this Bylaw does not exempt any person from the
requirements of any statutory plan, easement, covenant, agreement or contract affecting
the development.
5.2
Nothing in this Bylaw exempts a person to obtain a development permit as required by
this Bylaw or to obtain any other permit, license or other authorization required by this or
any other Bylaw.
5.3
In addition to the requirements of this Bylaw, a person is required to comply with all federal,
provincial and other municipal legislation.
6.
UNITS OF MEASUREMENT
6.1
All measurements in this Bylaw are metric. Approximate imperial measures are shown as
information only.
7.
RULES OF INTERPRETATION
7.1
Words, phrases, and terms not defined in this part may be given their definition in existing
legislation and regulations, such as the Act or the Alberta Building Code. Other words shall
be given their usual and customary meaning.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
8.
LAND
USE
AND
BUILDING
DEFINITIONS
8.1
In this Land Use Bylaw, unless the
context
requires
otherwise
the
following land use and building
definitions shall apply. Where a land
use or building is not defined here,
the definition shall be found in the
County's
Municipal
Development
Plan or, failing that, the general
meaning of the land use or building
shall apply:
"Agricultural Operation" means either an
extensive or intensive primary and bona fide
agricultural activity (other than a confined
feeding operation) conducted on land
located in the County of Stettler No. 6 and
designated either in the Agricultural District
or the Country Residence Agricultural District
of the Land Use Bylaw and classified as farm
land for property tax assessment purposes,
for gain or reward or in the hope of gain or
reward, and includes:
a)
a farm building,
b)
the cultivation of land including the
clearing of natural vegetation for the
purpose of cultivation or ranging,
c)
harvesting and haying,
d)
the raising of livestock, including game-
production animals within the meaning
of the Livestock Industry Diversification
Act and poultry,
e)
the raising of fur-bearing animals, fowl,
game birds or fish,
f)
the production of agricultural field
crops,
g)
the production of fruit, vegetables, sod,
trees, shrubs and other specialty
horticultural crops,
h)
the production of eggs or milk,
i)
the production of honey,
j)
handling and cleaning of grain, seeds
and feeds by one or more bona fide
producers,
k)
the operation of agricultural machinery,
equipment
and
irrigation
pumps,
including
the
handling
of
fuels,
lubricants and parts required to do so,
and
l)
the application of fertilizers, manure,
insecticides, pesticides, fungicides and
herbicides, including application by
ground
and
aerial
spraying,
for
agricultural purposes.
An agricultural operation may include farm
buildings and other structures incidental to
primary farming activity as well as farm
related uses, but does not include a dwelling
unit, an ancillary building or a secondary
farming activity. Also see the definition of
'Farm Building' and 'Farming' in Section 9.
An agricultural operation can be extensive or
intensive. An extensive agricultural operation
typically is a system of tillage or ranging
which depends upon large areas of land for
the raising of crops or animals. An intensive
agricultural operation is an animal or
horticultural
operation
of
significant
investment and permanence that represents
a more intensive use of the land than what is
typical of an extensive agricultural operation.
Typical uses in an intensive agricultural
operation may include, but are not limited to,
a greenhouse, nursery, market garden,
specialized livestock operation (excluding a
confined feeding operation), a fish farm, a
sod farm, bee keeping (apiary), a tree farm,
horse holding area including an associated
riding arena directly related and specifically
devoted to the raising and breeding of
horses,
and
fur
farm.
An
intensive
agricultural operation is also referred to as a
small
agricultural
operation
or
small
agricultural holding.
"Agricultural Supply Depot" means a
facility for the purpose of supplying goods,
products, materials, and/or services that
support agricultural uses, whether retail,
wholesale, or in bulk. This shall include such
goods and services as the handling, storage
and sale of grain, seeds and feeds by a third
party who is not a bona fide producer,
fertilizers,
chemical
products,
fuels,
lubricants, parts or the rental, sale, repair and
servicing of agricultural machinery and
equipment
but
does
not
include
the
processing, buying or selling of farm produce
or animals, except that it does include seed
and grain milling, cleaning and drying.
"Airport" means an area of land, or other
supporting surface used or designed,
prepared, equipped or set apart for use
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
either in whole or in part for the arrival and
departure, movement, sale/rental, fueling or
servicing of aircraft and includes any
buildings (including hangars), installations
and equipment in connection therewith, and
for which an airport license has been issued
by the Federal Ministry of Transport. It
includes the sale and/or rental of aircraft but
does not include an Ancillary Building, a farm
building or a shop.
"Ancillary Building or Ancillary Use
including references to 'residential' and
'industrial or non-residential' Ancillary
Buildings "means a building or use which:
(a)
is incidental and exclusively devoted to
the principal building or principal use;
(b)
is subordinate in purpose to the
principal building or principal use
served;
(c)
contributes to the livelihood, comfort,
convenience, safety or necessity of
occupants of the principal building or
principal use; and
(d)
is located on the same site as the
principal building or principal use.
Therefore a development permit for an
Ancillary Building or Use cannot be issued
prior to a development permit for the principal
use having been issued or being issued
simultaneously. Ancillary building or use
does not include a farm building, an airport
hangar or a shop. The distinction between
'residential' and 'industrial or non-residential'
Ancillary Building applies in those land use
districts where provision is made for an
Ancillary Building that is associated with a
principal use that is 'non-residential' (e.g. a
Contractors Business - Home Based or Not
Home Based in the Agricultural District or a
Manufacturing, Processing or Assembly
Facility in the Industrial District).
"Assisted
Living
Facility"
means
a
building, or a portion of a building operated
for
the
purpose
of
providing
live-in
accommodation for six or more persons with
chronic or declining conditions requiring
professional care or supervision or ongoing
medical care, nursing or homemaking
services or for persons generally requiring
specialized care.
"Auction Mart - No Livestock" means a
building or lands or portion thereof used for
the storage and auctioning of goods that are
to be sold on the premises by auction on a
regular basis, but excluding livestock.
"Auction Mart - Livestock" means a
building or lands or portion thereof used for
the storage and auctioning of livestock.
"Automotive
and
Minor
Recreational
Vehicle
Sales/Rentals"
means
development used for the retail sale or rental
of new or used automobiles, motorcycles,
snowmobiles, boats, Recreational Vehicles
or
crafts,
together
with
incidental
maintenance services and sale of parts.
Typical uses include, but are not limited to,
automobile dealerships, car rental agencies
and motorcycle dealerships. This use does
not include dealerships for the sale of trucks
with a gross vehicle weight rating of 4,000 kg
(8,800 lbs) or greater, or the sale of motor
homes with a gross vehicle weight rating
greater than 6,000 kg (13,000 lbs) or a length
of more than 6.7 m (22 ft).
"Automotive Gas Bar" means a facility
where vehicle fuels or lubricants are offered
for sale but where no provision is made for
the repair or maintenance of vehicles. An
Automotive Gas Bar may include an ancillary
convenience store directly associated with
and occupying the same building as the
Automotive Gas Bar.
"Automotive Repair - Major" means a
facility where major automotive repairs,
rebuilding or reconditioning of engines,
general repair and replacement services are
provided, including minor automotive repair
services to vehicles above the capacity
restrictions of "Automotive Repair - Minor".
Typical uses include, but are not limited to,
collision and body repair services, frame
straightening, body painting, upholstering,
tractor-trailer tire installation shops, vehicle
steam cleaning, and undercoating.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
"Automotive Repair - Minor" means a
facility where minor automotive and small
engine repairs, the incidental replacement of
parts, maintenance, and minor automotive
service to passenger vehicles and light
trucks - trucks under 1,000 kg (2,200 lbs)
capacity - are provided. Typical uses
include, but are not limited to, muffler shops,
lubrication shops, brake repair shops, car
washes, tire installation shops, windshield
replacement facilities.
"Automotive Service Station" means a
facility where automotive fuels, oil, grease,
batteries, tires, and automotive accessories
may be supplied and/or installed, and where
general automotive maintenance such as oil
changes, tune ups, brake repairs, etc. may
be undertaken.
"Bed and Breakfast Establishment" means
a commercial use wherein short term
accommodation (i.e. less than 15 days in any
consecutive 30 day period) with at least a
breakfast meal is provided within a detached
dwelling or duplex where these uses are
provided for in the land use district. A bed
and breakfast establishment is secondary to
the primary residential use of a parcel. It
cannot be operated from a 'Garden Suite' or
'Clustered Farm Dwellings and Associated
Uses' and does not include a hotel, motel,
boarding house or guest ranch. Due to the
fact that a bed and breakfast establishment
provides a personal service to the general
public that may require an appropriate level
of privacy and enjoyment, an important
consideration in its location is sufficient
separation from potential rural nuisance
effects, including but not limited to confined
feeding operations or gravel pits. Therefore,
proponents
of
a
Bed
and
Breakfast
Establishment should acknowledge the
existence of such factors in the Agricultural
District and plan appropriately for it.
"Boarding House" means development
within a single detached dwelling where
three or more sleeping rooms without
cooking facilities are provided with or without
meals for compensation.
"Campground"
means
a
planned
development for the short-term use of
Recreational Vehicles, tents and/or cabins
with a limited level of service compared to
what is typically provided in a Recreational
Vehicle Park (i.e. the stalls/sites in a
Campground are typically not serviced with
individual or communal water and sewage
disposal systems, but the Campground may
have common washrooms and a sewage
dumping station). A Campground is not used
as storage or permanent accommodation for
residential use. A Campground is typically
developed
in
association
with
related
recreational and/or institutional activities;
such as hiking or riding trails, picnic grounds,
boating facilities, and playgrounds, and may
include centralized facilities such as a
sewage dumping station, water, wash
facilities, structures for assembly purposes,
central cooking facilities, as well as a camp
store. The units in a Campground can be of
condominium ownership or rental units. Also
see the definition for Recreational Vehicle
Park.
"Cannabis Retail Sales" means a retail
store that is licensed by the Province of
Alberta where Cannabis and Cannabis
Accessories are sold to individuals who
attend at the premises. This use is subject to
the development standards in Section 48 of
this Land Use Bylaw.
"Cemetery" means land that is set apart or
land that is use for the burial of human or
animal remains. Typical uses are memorial
parks and burial grounds.
"Clustered
Farm
Dwellings
and
Associated Uses" means one or more
detached dwellings, duplexes or multiple
family dwellings and such other structures
and uses which are associated with the day-
to-day operation of a religious colony,
including farm buildings as part of an
agricultural
operation,
Home
Business,
Contractor's Business - Home Based,
churches and schools, and which are located
on a contiguous farm unit of at least 640 acre
(256 hectare) in size on which an Agricultural
Operation as defined in this Bylaw or a
Confined Feeding Operation approved by
the Natural Resources Conservation Board
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
under the Agricultural Operation Practices
Act, is actively undertaken. This use includes
'Contractor's Business - Home Based but
does not include 'Contractor's Business -
Not Home Based'.
"Communication Antenna and Structure"
means a tower and the associated antennae
that are required to transmit or receive
signals for cell phone, television, radio and
other similar devices. This includes antennae
for amateur radio (ham radio) and citizen
band radio, but does not include a satellite
dish antenna.
"Community Facility" means the use of
land or a building or both by public, quasi-
public or private groups of people to
assemble
for
purposes
of
religion,
instruction,
culture,
non-commercial
recreation, or other community activity.
Typical uses include, but are not limited to, a
museum, a school, a church, a library,
YMCA, a playground, and a public or private
club.
"Concert Site" means the use of land for
music festivals, dance festivals, "rock"
festivals, or similar musical activity and ancil-
lary facilities likely to attract 1,000 people or
more in any one twenty-four (24) hour period,
at which music is provided by paid or
amateur performers, or by pre-recorded
means, and to which members of the public
are invited or admitted for a charge, or free
of cost. Concert site is listed as a
discretionary use in specific land use districts
and does not include private events such as
a wedding or birthday party, a farm auction,
a funeral, and other similar private events.
"Contractor's Business" means a light
industrial or service-oriented operation for
commercial and/or industrial service support
and construction, and the building in which a
Contractor's Business is being operated from
shall be deemed to be approved as a 'shop'
when the development permit for the
Contractor's Business is issued. Typical
uses include, but are not limited to, oilfield
support services, laboratories, cleaning and
maintenance, building and construction,
surveying, landscaping, concrete, electrical,
excavation,
drilling,
heating,
plumbing,
paving, road construction, sewage disposal
or similar services which require on-site
storage
space
for
materials,
mobile
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's
Business does not include any other use that
is defined in this Section, such as Sand,
Gravel and Surface Mineral Extraction,
Auction
Mart,
Value-added
Agricultural
Industry, etcetera.
"Contractor's Business - Home Based or
Not Home Based" means the same as
"Contractor's Business" except that it shall
comply with the regulations of Section 55.
"Crematorium" means a development fitted
with equipment for the purposes of the
cremation of human or animal/pet remains
and may include associated facilities for the
preparation of the dead body for internment
or cremation and facilities associated with
conducting funeral services.
"Data Processing Centre "means a
building, dedicated space within a building,
or a group of buildings used to house
computer systems and associated
infrastructure and components for the digital
transactions required for processing data.
This includes, but is not limited to
cryptocurrency, digital currency processing,
non-fungible tokens, and blockchain
transactions.
"Day Care Facility" means a facility that
provides care and supervision for seven (7)
or more children for more than three (3) but
less than twenty-four (24) consecutive hours
in each day that the facility is operating, and
is intended to be operated for at least twelve
(12) consecutive weeks per year. [1631-20]
"Detached Dwelling" means an Alberta
Building Code compliant building containing
only one dwelling unit as the principal use of
the building. The structure must have a
minimum dimension of 7.3m (24ft) measured
on the shortest side of the unit, with an eaves
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
overhang of at least 46 cm (18 in) measured
perpendicularly from the vertical exterior
wall. This housing type includes a 'Ready-
to-Move (RTM)' home as defined in this
bylaw, but does not include a Special
Dwelling Unit Type, a Manufactured Home, a
Recreational Vehicle, a Recreational Vehicle
- Park Model Recreational Unit as defined in
this land use bylaw, or a relocatable
industrial accommodation unit. A detached
dwelling is detached from other dwelling
units (except a secondary suite) but may be
attached to an accessory building such as a
garage or to another principal building such
as a riding arena.
"Duplex" means a building containing two
dwelling units and each above grade and
having a separate exterior entrance, but
does not include a secondary suite.
"Emergency Service" means a public
facility used by fire protection, police,
ambulance, correctional or other such
services as a base of operations.
"Farm Stall" means a building or a use
intended for the direct sale to the public of
agricultural products produced on the subject
farm or another parcel that is owned by the
applicant. It includes such uses as a road-
side fresh produce kiosk or a pick-your-own
berry farm. The sale of products that are
unrelated to the products produced on the
farm or that are not produced on the subject
farm or another parcel that is owned by the
applicant is not allowed.
"Financial Institution" means a trust
company, chartered bank, credit union or
Province of Alberta Treasury Branch.
"Food and Beverage Service Facility"
means development used for eating and
drinking where prepared food and beverages
are offered for sale to the public, for
consumption within the premises or off the
site. It may be a fully licensed drinking
establishment. Typical uses include, but are
not limited to, pubs, restaurants, cafes, drive
through fast food outlets, and catering
establishments.
"Funeral Home" means a development
used for the purpose of furnishing funeral
supplies and services to the public and
includes facilities for the preparation of the
dead human body for internment. This use
does not include a crematorium.
"Garden Suite" means a dwelling unit used
as a temporary additional dwelling for sole
occupancy
by
dependent
or
partly
dependent
parents,
grandparents,
or
handicapped adult children of the occupants
of the primary dwelling on that parcel.
"Government
Service"
means
a
development providing Crown Corporation,
or
municipal,
provincial
or
federal
government services directly to the public.
Typical uses include, but are not limited to, a
taxation office, municipal office, courthouse,
postal station, manpower and employment
office, and social service office.
"Guest Ranch" means a working farm or
ranch that offers tourists and visitors
temporary overnight accommodation, with or
without meals, for payment of a fee and may
include an on-site program that allows
guests to participate in a range of farming or
ranching activities. A guest ranch does not
include a hotel, motel, Bed and Breakfast
Establishment, boarding house or any form
of accommodation that requires visitors to
have an ownership or financial interest
therein.
"Heavy Equipment Sales/Rental" means
the sale or rental of new or used machinery
or mechanical equipment typically used in
building, roadway, pipeline, oil field and
mining
construction,
manufacturing,
assembling and processing operations, and
agricultural
production,
together
with
incidental maintenance services and sale of
parts.
"Heavy Equipment Service and Repair"
means development used for the service,
cleaning or repair of heavy vehicles,
machinery or mechanical equipment typically
used in building, roadway, pipeline, oil field
and mining construction, manufacturing,
assembling and processing operations, and
agricultural production, with no sales/rental
of heavy equipment.
"Home Business" means the secondary
use of a principal dwelling unit by the
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
permanent resident(s) of that dwelling unit
without the help of outside employees to
conduct a business activity, trade, craft or
occupation. A home business does not
include a Bed and Breakfast Establishment.
"Hotel" means a development used for the
provision of rooms or suites for short-term
tourist
(i.e.
business
or
recreational)
accommodation where the rooms have
access from a common interior corridor and
may be equipped with individual kitchen
facilities, and may include accessory food
and beverage service facilities, meeting
rooms, personal service shops, and general
retail shops.
"Industrial/Commercial Training Facility"
means a development that provides for
technical instruction to students and/or the
training
of
personnel
in
commercial
businesses and/or industrial operations.
"Kennel" means any development where
four or more dogs and/or cats over six
months of age are maintained, boarded,
bred, trained and/or cared for in return for
remuneration or kept for purposes of sale.
"Land Reclamation" means the process of
returning of a disturbed site to a land
capability equivalent to that of the pre-
disturbance
land
capability.
The
establishment of ecosystems that can
sustain
cropland,
pastureland,
wildlife
habitat, or an ecosystem similar to what
existed prior to disturbance.
"Lease Bay Building" means a building
designed
to
accommodate
multiple
businesses each occupying one or more
bays in a condominium or leasehold tenure
arrangement. Once a permit has been
issued for a lease bay building, the occupant
of each bay must apply for an individual
development permit to allow their intended
use
pursuant
to
the
permitted
and
discretionary uses listed in the applicable
land use district.
"Manufactured
Home"
means
a
prefabricated, transportable dwelling unit
fully completed in the factory in compliance
with
the
Alberta
Building
Code.
A
manufactured
home
typically
has
a
dimension of less than 7.3m (24ft) measured
on the shortest side of the unit, and an eaves
overhang of less than 46 cm (18 in)
measured perpendicularly from the vertical
exterior wall. A manufactured home is ready
for residential occupancy upon completion of
on-site set-up in accordance with the Alberta
Building Code and/or factory recommended
installation instructions. A manufactured
home may be placed on a permanent
foundation. A manufactured home is not a
detached dwelling, an RTM home, a Special
Dwelling Unit Type, a Recreational Vehicle,
or a Recreational Vehicle - Park Model
Recreational Unit as defined in this land use
bylaw,
or
a
relocatable
industrial
accommodation unit. A manufactured home
is sometimes referred to as a modular home.
"Manufactured Home Park" means a
parcel of land which has been planned and
improved to provide sites, services and/or
amenities for the placement and occupation
for non-transient residential purposes for 3 or
more manufactured homes in exchange for
the payment of a fee or rental to the owner.
"Manufacturing, Processing or Assembly
Facility" means the manufacturing or
assembly of goods, products or equipment
and/or the processing of raw or finished
materials, including the servicing, repairing
or testing of materials, goods and equipment
normally associated with the manufacturing,
processing or assembly operation. It may
include any indoor display, office, technical
or administrative support areas or any sales
operation accessory to the principal use. The
production of cannabis is deemed to be
included in this land use definition however,
where a facility produces cannabis, the sale
of cannabis from that facility is prohibited and
the operator of the facility would be required
to obtain a separate development permit for
"Cannabis Retail Sales", provided the Land
Use District in which the subject property is
located, included that use.
"Motel" means a development for the
provision of rooms or suites for short-term
tourist (i.e. business or recreational) lodging
or light housekeeping, where each room or
suite has its own exterior access. It may
include accessory food and beverage
service facilities.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
"Multi-attached
Dwelling"
means
a
residential building consisting of three or
more dwelling units separated by common
walls and located either on a single site or
each unit on a separate individual lot, each
dwelling unit having at least one separate at-
grade entrance. This definition applies to
forms of housing that include, but are not
limited to, stacked townhouses, rowhouses,
triplexes and fourplexes, but does not
include a multiple family dwelling.
"Multiple Family Dwelling" means a
residential building consisting of three or
more dwelling units that are contained on a
single lot within a building in which the
dwelling units are arranged in a horizontal or
vertical configuration which share a common
access, hall way and ancillary facilities, but
does not include a multi-attached dwelling.
"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, surveyors,
planners and other professional consultants,
dentists, doctors, clerical services and
secretarial
agencies.
This
excludes
government services, the servicing and
repair of goods, the sale of goods to the
customer on the site, veterinary clinic, and
the manufacture or handling of a product.
Oilfield Service or Supply Business -
Major means development used for the sale,
rental, service, manufacturing, assembly or
repair of heavy vehicles, machinery or
mechanical equipment typically used in
pipeline, oil field and mining operations. This
does not include truck sales/rentals. The
development may include the use and/or
storage of toxic, explosive or radioactive
materials (e.g. a tank farm or a magazine or
the reclamation of contaminated soil).
Oilfield Service or Supply Business -
Minor means a business that provides
limited support services to pipeline, oil field
and mining operations. The business is
contained within an enclosed development,
the outdoor storage of any materials, heavy
vehicles,
equipment
and/or
pipes
is
restricted to 20 % of the total parcel size, and
such outdoor storage must be screened to
the satisfaction of the development authority.
This use does not include the use and/or
storage of toxic, explosive or radioactive
materials (e.g. a tank farm, a magazine or the
reclamation of contaminated soil), except
that it does include those toxic, explosive or
radioactive materials that are contained
within an instrument or tool and further
provided that the storage and handling of
such energetic materials must meet Natural
Resources Canada Explosives Act and
Regulation. Typical services in this use
include, but are not limited to, well
conditioning,
well
logging,
x-ray
and
diagnostic, cathodic protection or wireline
services.
Outdoor
Storage
means
either
the
accessory storage of equipment, goods, and
materials, specifically related to the business
activity conducted on the subject parcel, in
the open air where such storage of goods
and materials does not involve the erection
of permanent structures for storage, and
where outdoor storage is stated or implied in
the land use definition of the use and/or
included
in
the
development
permit
conditions. Outdoor storage may also mean
a land use specifically listed as such in a land
use district, and for which a separate
development permit for 'Outdoor Storage' is
required. Typical uses include, but are not
limited to, pipe yards, lumber yards or vehicle
or heavy equipment storage compounds.
"Personal
Service
Facility"
means
development used for the provision of
personal services to an individual which 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, hairdressers, spas and massage
services, tanning salons, shoe repair shops,
dry cleaning establishments, but does not
include medical offices, health services,
general
retail
businesses
or
adult
entertainment facilities.
"Private Storage of Boat Lifts and Docks"
means the temporary outdoor storage of
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
boat lifts and docks, but excluding boats,
boat houses, sheds or any other item or
structure, in a specified location on Reserve
Land in the Public Services District, where
approved
by
a
development
permit
consistent with this definition and issued to
either a community association or an
individual landowner, on Reserve Lands that
have been designated by bylaw for this
purpose pursuant to Section 676 of the Act.
The development permit shall be issued
subject to a license agreement being entered
into and kept in good standing, such
agreement having an initial term of no longer
than three years. The agreement shall
include indemnification to the County and
written proof of comprehensive third-party
liability
insurance
coverage.
The
development permit for this use shall
terminate if the individual landowner ceases
to own the land described in the license
agreement or if the license agreement
expires or is terminated. Such agreement
may not be assigned.
"Public or Private Road and Utility"
means a development used to provide one
or more of the following for public or private
consumption, benefit, convenience or use:
(a)
water; waste water or storm water;
(b)
a road, railway line, thoroughfare or
bridge
for
the
purpose
of
transportation,
but
excluding
for
storage purposes (e.g. railway yard or
terminal facilities);
(c)
television reception through a satellite
dish antenna or other means;
(d)
telephone;
(e)
drainage ditch;
(f)
natural gas;
(g)
electric power; or,
(h)
heat.
Public or Private Road and Utility includes
electric power and heat utilities generated by
wind, solar or other alternative technologies,
as well as the buildings required to operate
the Public or Private Road and Utility. A
stand-alone solar panel means that it is not
attached to the roof of a building. Public or
Private Road and Utility does not include a
Waste Management Facility.
"Recreation Facility - Indoor" means a
primarily indoor recreation facility in which
the patronizing public participates or views
the participation of others in recreational,
entertainment,
amusement
or
sporting
activity and, without limiting the generality of
the foregoing, may include but not be limited
to an amusement arcade, a billiard or pool
hall, a bowling alley, a paintball facility, a
racquet court, an indoor shooting range, a
commercial stable or riding arena, a
gymnasium, swimming pools, hockey and
skating rinks, an arena, a tourist information
centre, tennis courts or a multi-purpose
facility.
"Recreation Facility - Outdoor" means a
primarily outdoor recreation facility in which
the patronizing public participates or views
the participation of others in recreational,
entertainment, amusement or sporting
activity and, without limiting the generality of
the foregoing, may include but not be limited
to an amusement park, a go-cart track, a
golf course, a ski resort, a riding stable, a
water slide, tennis courts, an equestrian
centre, a marina, a boat launch, a stadium,
a public park, a playground, a sports field, a
zoo, fair/exhibition/rodeo grounds, the use
of trails (e.g. for walking, cross-country
skiing, cycling, motorcycling, equestrian, all-
terrain vehicles, snowmobiles, etc.),
professional hunting and outfitting, or an
outdoor shooting range.This definition
specifically excludes campsites, cabins or
lodges or any other similar uses. However it
does include other ancillary buildings (e.g.
rest rooms) specifically for the use of
patrons who are actively or passively
engaging in the recreational activity.
"Recreational Vehicle" means a portable
structure designed and built to be carried on
a vehicle or to be transported/motorized on
its own wheels, and which is intended to
provide temporary living accommodation for
travel and recreational purposes and which
does not need any special license or permit
to travel on the public road systems other
than a usual trailer or vehicle license and,
without
limiting the generality
of
the
foregoing, includes such vehicles as a
motorhome, a fifth-wheel, a camper, a travel
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
trailer, a Recreational Vehicle that conforms
to the CSA Z-240 Standard for Recreational
Vehicles (i.e. a Recreational Vehicle - Park
Model Trailer), a tent trailer or a boat, but
does not include any vehicle or trailer over
2.6 m (8 ft 6 in.) in transit mode width, a
Manufactured Home or a Recreational
Vehicle - Park Model Recreational Unit.
"Recreational Vehicle - Park Model
Recreational Unit" (or 'Cottage Model')
means a Recreational Vehicle conforming to
the CSA Z-241 Standard for Park Model
Recreational Vehicles, or the equivalent, built
on a single chassis mounted on wheels
which may be removed. The unit is designed
to facilitate occasional relocation using a
special tow vehicle and requiring a highway
movement permit to tow the unit. It has living
quarters for a temporary residence or
seasonal use, and must be connected to
those public or private utilities necessary for
the operation of installed fixtures and
appliances, with a maximum CSA approved
50 amp interior electric panel. The transit
mode width of this unit exceeds 2.6 m (8 ft 6
in). It does not include a Manufactured Home
or a Recreational Vehicle. The maximum
size of a Recreational Vehicle - Park Model
Recreational Unit is 55 m2 (600 ft²). A
Recreational
Vehicle
-
Park
Model
Recreational Unit is not allowed to be placed
on
a
basement
or
other
permanent
foundation.
"Recreational Vehicle Park" means a
planned development for the short-term use
of Recreational Vehicles, tents and/or cabins
with a higher level of service provided than in
a
Campground
(i.e.
the
stalls
in
a
Recreational Vehicle Park are typically
serviced with communal water and sewage
disposal systems). A Recreational Vehicle
Park shall not be used as storage, or
permanent accommodation for residential
use. A Recreational Vehicle Park may be
developed
in
association
with
related
recreational activities; such as hiking or
riding trails, picnic grounds, boating facilities
and playgrounds. Also see the definition of
Campground.
"Repair Services" means the restoration
and maintenance of objects, which is
compatible with other uses in the District.
[1631-20]
"Retail Store - Major" means a development
used for the retail sale of consumer goods
from within an enclosed building exceeding
186 m² (2,000 ft²) on a site which exceeds
4,047 m2 (1.0 acre), and which includes
limited, seasonal outdoor storage and/or
sales to support that store's operations.
"Retail
Store
-
Minor"
means
a
development used for the retail sale of
consumer goods frequently required by area
residents in an enclosed building not
exceeding 186 m² (2,000 ft²) on a site which
does not exceed 4,047 m2 (1.0 acre), and
which does not include any outdoor storage
and/or sales. Typical uses include, but are
not limited to, small food stores, drug stores,
video sales and rentals, and liquor stores.
"Rural Convenience Store" means a
development used for the retail sale of
consumer goods frequently required by area
residents in an enclosed building not
exceeding 186 m² (2,000 ft²) and which does
not include any outdoor storage and/or sales.
"Rural
Restaurant"
means
an
establishment for the preparation and
consumption of food for commercial gain and
may include takeout food service and
entertainment,
excluding
adult
entertainment,
as
ancillary
uses.
Establishments of this type are to be
independently owned and operated and may
not exceed an approximate size of 1,500 ft².
A rural restaurant may include premises for
which a "Class A" liquor license has been
issued and minors are not prohibited by the
terms of the license. 'Rural Restaurant' does
not include a food and beverage service
facility. Due to the fact that a rural restaurant
provides a personal service to the general
public that may require an appropriate level
of privacy and enjoyment, an important
consideration in its location is sufficient
separation from potential rural nuisance
effects, including but not limited to confined
feeding operations or gravel pits. Therefore,
proponents of a rural restaurant should
acknowledge the existence of such factors in
the
Agricultural
District
and
plan
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
appropriately for it.
"Salvage and Recycling Facility" means
the transportation, storage, disassembling,
salvaging, crushing, processing, recycling
and retailing and/or wholesaling/industrial
selling of disabled appliances, automotive
vehicles,
machinery,
equipment, and
associated
vehicle
bodies,
and
other
discarded materials and related scrap steel
and parts. This includes an office/retail
outlet, which may be combined with one or
more main storage buildings, ancillary
buildings and a fenced yard. It does not
include auto body or engine repair.
"Sand,
Gravel
and
Surface Mineral
Extraction"
means
the
extraction
of
aggregate materials found on or under the
subject site and may include the processing
(i.e. crushing, washing, cleaning, sifting,
sorting, combining with other aggregates,
stockpiling, and/or packaging in preparation
for hauling) of aggregate materials extracted
from the subject site. This use includes the
loading and hauling of aggregates off-site as
well as the reclamation of the site. Typical
uses include, but are not limited to, gravel
pits, sand pits, clay pits, coal mining, and
stripping of topsoil.
"Sand,
Gravel
and
Surface Mineral
Processing" means the processing (i.e.
crushing, washing, cleaning, sifting, sorting,
combining
with
other
aggregates,
stockpiling, and/or packaging in preparation
of hauling or sales) of aggregate materials.
This use includes the loading and hauling of
aggregates off-site as well as the on-site
sales of aggregate material. This use does
not include aggregate extraction.
"Secondary Suite" means a self-contained
dwelling unit located in a single detached
dwelling or an ancillary building. A
secondary suite shall include, but not be
limited to, a food preparation area which may
be counter space, sink, refrigerator, stove or
provision of 220 volt wiring, a sleeping area
which may be separate from the living area
and toilet/bathing facilities. It also has an
entrance separate from the entrance to the
principal building, either from a common
indoor landing or directly from the exterior of
the structure.
"Second
Detached
Dwelling
or
Manufactured Home" means the same as,
respectively,
'Detached
Dwelling'
and
'Manufactured Home' and is subject to the
provisions of Section 69.2.
"Security/Operator Dwelling Unit" means
a secondary building or portion of a principal
building
used
to
provide
on-site
accommodation by the employer for persons
employed on the property, a residence for
the
site
caretaker
or
operator
of
a
commercial or industrial establishment, or for
the on-duty security personnel (e.g. at a
storage
facility).
No
more
than
one
security/operator dwelling unit is permitted
on a site. A security/operator dwelling unit
shall not be used for general residential use
similar to that of a private title.
"Special Dwelling Unit Type" means a yurt
or similar type and quality of canvas covered
structure or other specialized structure that is
not a Detached Dwelling, a Duplex, a
Manufactured Home, a Recreational Vehicle,
a Recreational Vehicle - Park Model
Recreational Unit or any other dwelling unit
type listed elsewhere in this bylaw. A Special
Dwelling Unit Type shall comply with all the
applicable development regulations listed in
this bylaw. It is the responsibility of the
landowner to ensure that the special dwelling
unit type complies with the Alberta Safety
Codes Act.
"Temporary Asphalt Plant" means a
structure used to make asphalt from
aggregate materials that is operated for a
limited period of time and is typically
associated with a road construction project.
"Third or Additional Detached Dwelling or
Manufactured Home" means the same as,
respectively,
'Detached
Dwelling'
and
'Manufactured Home' and is subject to the
provisions of Section 69.2.
"Truck
and
Manufactured
Home
Sales/Rentals" means development used
for the sale or rental of new or used trucks,
motorhomes
and
manufactured
homes
together
with
incidental
maintenance
services and the sale of parts and
accessories. Typical uses include, but are
not limited to, truck dealerships, Recreational
Vehicle sales and Manufactured Home
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
dealerships.
"Value-added
Agricultural
Industry"
means a secondary agricultural activity or
development that can clearly demonstrate it
adds value to a primary agricultural activity or
product, and includes agricultural product
manufacturing, food-processing activities,
and non-food-processing activities. Typical
uses include, but are not limited to milling,
separating, grading, cleaning, processing,
and packaging agricultural produce, making
food products from produce such as jams
and cheese, and producing fibreboard from
hemp or straw. A sales outlet directly to the
public as an ancillary and sub-ordinate use
[approximately 100 m² (1,076 ft²) in total floor
area] is considered to be incidental to a
value-added agricultural industry. Agri-
tourism,
organic
farming,
storage,
distribution, and transportation are not
considered to be value-added agricultural
activities. The production of cannabis is
deemed to be included in this land use
definition however, where an industry
produces cannabis, the sale of cannabis
from that industry is prohibited and the
operator of the industry would be required to
obtain a separate development permit for
"Cannabis Retail Sales", provided the Land
Use District in which the subject property is
located, included that use.
"Veterinary Clinic" means a facility for the
medical care and treatment of animals, and
includes
provision
for
their
overnight
accommodation. The use of the facility as a
kennel shall be limited to short time boarding
while the animals are awaiting treatment or
are recovering from treatment and shall be
incidental to the hospital use.
"Warehousing and Storage" means the
use of a building and/or site primarily for the
keeping of trucks, containers, rail cars,
goods
and
merchandise,
excluding
dangerous
or
hazardous
materials,
derelict/dilapidated motor vehicles or parts
thereof, or any waste material. It includes a
moving company, a trucking terminal, an
inter-modal transfer area, a railway yard/rail
car storage, the storage of Recreational
Vehicles (indoor or outdoor, including boats
and ATV's) and a self-storage facility.
"Warehouse Sales" means a building at
least 950m2 used for the wholesale or retail
sale of a consumer goods.
"Waste Management Facility" means a
sanitary landfill, modified sanitary landfill,
solid waste transfer station, hazardous waste
management facility including a facility for
the reclamation of contaminated soil, or dry
waste site including municipal garbage bins,
approved or registered pursuant to the
Environmental Protection and Enhancement
Act for the processing, treatment, storing,
recycling or land filling of municipal,
industrial, household waste and hazardous
waste, but does not include an automobile
wrecker.
Work Camp means a residential complex
used to house camp workers by various
contracting firms on a temporary basis, and
without restricting the generality of the
above, the camp is usually made up of a
number of mobile units, clustered in such
fashion as to provide sleeping, eating,
recreation, and other basic living facilities.
The units may be dismantled and removed
from the site from time to time. Federal,
Provincial or municipal work camps are
exempt.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
9.
INTERPRETIVE DEFINITIONS
9.1
For the purposes of this Land Use
Bylaw, unless the context requires
otherwise, the following general
interpretive definitions shall apply.
Where a word or a term is not
defined here, the definition of that
word or term shall be found in the
County's Municipal Development
Plan or, failing that, the general
meaning of the word shall apply:
"Act" means the Municipal Government Act,
R.S.A. 2000, C. M - 26, and amendments
thereto and regulations thereunder, as
amended from time to time.
"Adjacent Land" means land that is
contiguous to the parcel of land that is the
subject of an Application and includes land
that would be contiguous if not for a highway,
road, alley, railway, utility right-of-way,
publicly owned lot or reserve, waterbody,
river, or stream and, in the opinion of the
Development Authority, any other land; and
adjacent landowner means a person holding
title to adjacent land.
"Aggregate" means gravel, sand, clay,
earth, shale, marl, peat, stone, or other non-
mineral natural resources.
"Aisle" means that portion of a parking lot or
structure that accommodates the circulation
of vehicles.
"Alley" means an alley as defined in the
Highway Traffic Safety Act.
"Amateur Radio Antenna" means an
installation consisting of an antenna or
antenna array, mounted on a metal tower or
support structure, designed for the purpose
of the reception and transmission of radio
signals by federally licensed amateur radio
operators.
"Application" means an application under
this Bylaw or the Municipal Development
Plan for a plan, a rezoning, a subdivision or
a development permit, and a subdivision or
development appeal, that is deemed by the
Development Authority to be a complete
application pursuant to the provisions of this
Bylaw.
"Applicant" means the person, company or
corporation that makes an application under
this Bylaw or the Municipal Development
Plan. If the applicant is not the landowner the
applicant must obtain the written consent of
the landowner.
"Balcony" means a platform, attached to
and projecting from the face of a building with
or without a supporting structure above the
first storey, normally surrounded by a
balustrade or railing and used as an outdoor
porch or sundeck with access only from
within the building.
"Bare Land Condominium Unit" means a
unit
in
a
bare
land
condominium
development
as
described
in
the
Condominium Property Act.
"Basement" means that portion of an above
grade building that is located wholly or
partially below grade, the ceiling of which
does not extend more than 50% of the height
of the basement structure above grade.
Basement does not mean an earth sheltered
home.
"Bona Fide Producer" or bona fide
agricultural operation and other similar terms
mean a person or a corporation who holds or
leases land located in the County of Stettler
No. 6 and designated either in the
Agricultural District or the Country Residence
Agricultural District of the Land Use Bylaw
and classified as farm land for property tax
assessment purposes, and provided that the
land is used to produce at least one
agricultural product, either for personal
consumption or for commercial use.
"Building" means anything constructed or
placed on, in, over, or under land but does
not include a highway or road or a bridge
forming part of a highway or road.
"Building Height" means, in reference to a
building or other structure, the maximum
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
vertical distance measured from the top of
average finished grade to the highest point of
the building or structure that is not a roof or
part of a roof, a roof stairway entrance, an
elevator housing, a ventilating fan, skylight,
steeple, chimney, smoke stack, firewall,
parapet wall, flag pole, roof sign, or similar
feature or device not structurally essential to
the building.
"Cabin" means a structure designed and
used for short-term recreational use as part
of a Campground or a Recreational Vehicle
Park.
"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.
"Cannabis Accessory" means cannabis
accessory as defined in the Cannabis Act
(Canada) and its regulations, as amended
from time to time.
"Canvas Covered Structure" means a
steel-framed, canvas/fabric membrane pre-
engineered building for temporary and
permanent industrial, commercial, residential
ancillary or agricultural applications including
warehouses,
equipment
storage,
manufacturing facilities,
barns,
stables,
arenas and event centers. The owner of the
land on which a canvas covered structure is
located is responsible to ensure that the
appropriate building permits are obtained to
ensure all aspects of the development is in
accordance with the Alberta Safety Codes
Act
including
appropriate
foundation
construction and building anchoring.
"Carport" means a structure designed and
used for the storage of private motor vehicles
consisting of a roof supported on posts or
columns and not enclosed on two or more
sides either attached to or separate from the
principal building on a site.
"Collectively or Communally Serviced"
means a system of pipes designed,
constructed, or installed as a collective or
communal means of water supply or sewage
disposal, where final sewage disposal is off
site, and to which two or more properties are
connected.
"Condominium"
means
a
building
containing units or a parcel of land containing
bare land units or other units as defined in
the Condominium Property Act.
"Council" means the Council of the County
of Stettler No. 6.
"County" means the County of Stettler No. 6.
"County Road" means a road forming part
of the County Grid Road System and
includes any diversions and additions
thereto, but excludes a highway. It also
includes the public roads within a multi-lot
subdivision.
"Deck, Ground Level" means a covered or
uncovered and enclosed or unenclosed
amenity area of concrete, brick, wood or
other material that is constructed at grade or
attached to a dwelling. The height of a
ground level deck does not exceed 0.61 m (2
ft) measured at any point on the deck from
finished grade to the surface height of the
deck.
"Deck, Raised" means a covered or
uncovered and enclosed or unenclosed
amenity area of concrete, brick, wood or
other material that may be attached to a
dwelling. The height of a raised deck is
greater than 0.61 m (2 ft) measured at any
point on the deck from finished grade to the
surface height of the deck.
"Developable Land" means lands within the
subject parcel which:
(a)
have slopes not exceeding a grade of
15 percent;
(b)
are
not
subject
to
erosion
or
subsidence;
(c)
are not subject to flooding or seasonal
surface standing water;
(d)
have sufficient depth to the water table
to accommodate suitable building
foundations and an access road;
(e)
can support a private sewage disposal
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
system in which there is minimal, long-
term risk that it will malfunction and
contaminate
surface
water
or
groundwater; and
(f)
has an adequate long-term supply of
potable water where water is to be
supplied by a private well.
"Development" means:
(a)
an excavation or stockpile and the
creation of either of them, or
(b)
a building or an addition to, or
replacement or major repair of a
building and the construction or placing
in, on, over, or under land of any of
them, or
(c)
a change of use of land or a building or
an act done in relation to land or a
building that results in or is likely to
result in a change in the use of the land
or building, or
(d)
a change in the intensity of use of land
or a building or an act done in relation
to land or a building that results in or is
likely to result in a change in the
intensity of use of the land or building.
and a development permit is required for any
development, provided that a development
permit
is
not
required
for
those
developments listed under Section 16.
"Development
Authority"
means
the
Municipal Planning Commission and the
person
or
persons
appointed
as
Development Officer pursuant to this Bylaw,
or both, as the case may be.
"Development Authority Bylaw" means the
bylaw, and any amendments thereto or
replacements thereof, passed by Council to
establish the development authority for the
County.
"Development Officer" means a person
authorized to exercise the responsibilities
and duties of a Development Officer under
the Development Authority Bylaw.
"Development Permit" means a document
authorizing a development pursuant to the
provisions of this Bylaw.
"Discretionary Use" means the use of land
or of a building that is listed in the column
captioned 'Discretionary Uses' in a table of
uses for a land use district in this Bylaw, and
for which, subject to the provisions of this
Bylaw, a Development Permit may be issued
upon an Application having been made.
"District" or "Land Use District" means an
area of the County established as a land use
district by this Bylaw.
"Disturbance Area" means the area
involved in a sand, gravel and surface
mineral extraction use or sand, gravel and
surface mineral processing use and includes
any excavation areas or pits, stockpiles of
aggregate, stockpiles of topsoil, stockpiles of
overburden, stockpiles of reject material,
areas occupied or intended to be occupied
by equipment, access routes, buffers and
setbacks required under the Code of
Practice for Pits, and associated onsite
infrastructure.
"Driveway" means a private road that
provides vehicle access from an individual lot
or site to a public road.
"Dwelling Unit" means a complete building
or self-contained portion of a building used
by not more than one household, and
containing sleeping, cooking and sanitary
facilities intended as a residence and having
an independent entrance either directly from
the outside of the building or through a
common area inside the building. In addition
to
those
buildings
that
are
normally
considered to be a dwelling unit, for the
purpose of this Bylaw, a Recreational
Vehicle, a Recreational Vehicle - Park Model
Recreational Unit, a Special Dwelling Unit
Type and a cabin are deemed to be a
dwelling unit.
"Enclosed" when used in reference to a deck
does not include a 3.0 ft (0.91 m) high guard
rail.
"Farm Building" means any building that:
(a) does
not
contain
a
residential
occupancy;
(b) is located on land used as a farm or is
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
zoned for agricultural use and directly
supports
the
primary
agricultural
operation;
(c) has a low occupant load; and
(d) is not used or occupied by, or expected
to be used or occupied by, the public or
persons other than the farmer or
farmers that own the building, their
immediate
family,
and/or
their
employees that may be in the building
from time to time;
and the building is used for:
(a) housing livestock;
(b) storing,
sorting,
grading
or
bulk
packaging primary agricultural products,
or
(c) housing,
storing
or
maintaining
machinery associated with the operation
of the farm on which the building is
located.
A farm building includes a structure,
excavation or stockpile that is located on
land that is used for farming and that is
essential to and is used expressly and only
in connection with an agricultural operation
as defined in Section 8 that is directly
associated with the farm on which the farm
building is located. This may include, but is
not limited to, a farm equipment/machinery
shed, a workshop, a warehouse, a granary, a
hayshed,
a
quonset,
a
barn,
the
establishment of a shelterbelt or a haystack
or the excavation of a dugout or silage pit.
'Farm Building' does not include 'Clustered
Farm Dwellings and Associated Uses', a
Detached Dwelling or Manufactured Home, a
Home Business, a Contractor's Business -
Home Based or Not Home Based, a Guest
Ranch, an Ancillary Building, a shop or any
other use, building, structure, excavation or
stockpile that is used for a secondary farming
activity or for an activity not directly and
expressly related to farming.
Although a farm building does not include a
residential occupancy it may be attached to
a Detached Dwelling when a development
permit requesting this has been approved.
"Farming" means the use of land or
buildings for the purpose of an agricultural
operation as defined in Section 8.
"Farmstead" means a dwelling unit and
other improvements used in connection with
farming operations and situated on land that
is contained on the same title as land used in
connection with such farming operations.
"Flood Plain" means the area of land along
a river, stream, creek or other water body
that is potentially at risk of flooding from time
to time.
"Floor Area, Gross (GFA)" means the total
floor area of every room, passageway and
covered deck contained within the exterior
walls or attached to a building, including any
above grade floor areas devoted exclusively
to storage or mechanical or electrical
equipment servicing the building, but does
not include the floor area of a basement
(including any basement floor areas devoted
exclusively to storage or mechanical or
electrical equipment servicing the building), a
loft space, a cellar, an attached or detached
ancillary building, any portion of the building
that is not covered by a roof or enclosed by
walls on two or more sides, such as an open
porch, patio, verandah, or breezeway.
"Floor Area Ratio (FAR)" means the
numerical value obtained by dividing the total
Gross Floor Area of all permanent buildings
on a site by the total area of the site.
"Garage" means an ancillary building that is
separate from or attached to the principal
building and which is designed and used
primarily for the storage of non-commercial
motor vehicles.
"Golf Course" means land and accessory
buildings and uses related to the playing of
the game of golf and without restricting the
generality of the foregoing includes pro shop,
club house, restaurant, licensed dining area
or lounge, driving range and picnic area.
"Grade" means the highest level of finished
ground elevation adjoining a building at any
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
exterior wall.
"Greenhouse" means development for the
growing,
acclimating,
propagating,
harvesting, displaying and selling of bedding,
household and ornamental plants and may
include accessory uses related to the storing,
displaying, and selling of gardening, nursery
and related products.
"Gross Vehicle Weight (GVW)" means the
total weight of a vehicle and its maximum
allowable load.
"Guest House" means an ancillary building
which has sleeping accommodation and
sanitary facilities, but which does not have
cooking facilities and is not intended to be
used as a self-contained dwelling unit.
"Habitable" means, in the case of a
residential building, a building that contains a
fully functional and serviceable dwelling unit,
and in the case of all other buildings intended
for human occupation, means that a building
contains one or more washrooms as may be
required by the Safety Codes Act. Also see
"Uninhabitable".
"Hard surfacing" means asphalt, concrete,
soil cement, paving stone, turf pavers or
similar material or treatment, including a
variety of dust control measures, satisfactory
to the Development Authority that is used in
the construction of a road, driveway or
parking area.
"Hazard Lands" means lands with steep
slopes (greater than 15 percent) or lands
susceptible
to
flooding,
erosion,
or
subsidence.
"Highway" means a numbered road as
defined in the Act and that is designated as a
controlled highway in accordance with the
Public Highways Development Act. Pursuant
to the Act a highway is not considered a road
and pursuant to the Public Highways
development Act direct physical access to or
frontage onto a controlled highway is not
considered legal access for the purpose of
the
Subdivision
and
Development
Regulation (Alberta Regulation 43/2002).
"Hospital"
means
an
institutional
development used to provide in-patient and
out-patient health care to the public. Typical
developments include a community health
centre and a full service hospital.
"Hostel" means an establishment providing
short-term accommodation for remuneration.
It may include recreational facilities but not
additional services such as room service. It
does not include a hotel or motel.
"Internal Road" means a County road
registered to provide access to a multi-lot
subdivision off of the County Township
Roads and Range Roads.
"Landowner" means the person(s) or other
parties shown as the owner of land on the
County's
Assessment
Roll
prepared
pursuant to the Municipal Government Act or
the person(s) registered on the land title
under the Land Titles Act as the owner.
"Landscaping" means the modification and
enhancement of a site through the use of any
or all of the following elements:
(a)
Soft
landscaping
consisting
of
vegetation such as trees, shrubs,
hedges, grass and ground cover;
(b)
Hard landscaping consisting of non-
vegetative materials such as brick,
stone, washed rock, mulched media,
concrete, tile, and wood, but excluding
monolithic concrete and asphalt. It may
include structures (e.g. a ground level
deck) which are not more than two feet
above grade.
"Land Titles Office" means an Alberta Land
Title Registries office.
"Livestock"
means
the
raising
and
production of animals such as poultry,
horses, cattle, bison, sheep, swine, goats,
bees, llamas, fur bearing animals raised in
captivity and domestic cervids, as defined in
the Livestock Industry Diversification Act /
the Livestock and Livestock Products Act,
including avi-culture, api-culture, and aqui-
culture.
"Loading Space" means a space provided
on a site to accommodate a commercial
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
vehicle on a temporary basis for loading or
unloading of goods and materials.
"Lot Area" means the area of a lot or a bare
land condominium unit as defined in the
Condominium Property Act expressed in
metric or imperial measure.
"Lot, Corner" means a lot having frontage
on two or more road rights-of-way, other than
alleys, at their intersection or a bare land
condominium unit having two contiguous
property lines abutting common property
used as road access.
"Lot Depth" means the horizontal distance
between the Front and Rear Lot Lines of a
site.
"Lot, Interior" means any lot or bare land
condominium unit, other than a corner lot.
"Lot Line" means the legally defined
boundary
of
any
lot
or
bare
land
condominium unit, or property line. See
definitions for lot line front, lot line rear and
lot line side below.
"Lot Line, Front" means the property line
separating a lot from an abutting public
roadway other than an alley, or the line
separating a bare land condominium unit
from common property used as road access,
except as follows:
For a Corner Lot:
(a) In the case of a Corner Lot smaller than
one acre in size, the Front Lot Line is the
shorter of the property lines abutting a
public roadway, other than an alley,
except if the property lines abutting a
public roadway, other than an alley, are
of equal length, in which case the Front
Lot Line is the property line abutting the
public roadway, other than an alley, from
which the parcel takes access by an
approach;
(b) In the case of a Corner Lot larger than
one acre in size, the Front Lot Line is the
property line abutting the public roadway,
other than an alley, from which the parcel
takes access by an approach; and
(c) In the case of a Corner Lot formed by a
curved corner, the Front Lot Line shall be
the shorter of the two segments of the
property line lying between the point
determined to be the actual corner and
the two points at the extremities of that
property line.
or
For a Double Frontage Lot:
(d) In the case of a lot that has frontage onto
a public roadway, other than an alley, on
two opposing sides, the Front Lot Line is
the property line abutting the public
roadway, other than an alley, from which
the parcel takes access by an approach.
"Lot Line, Rear" means either the property
line of a lot or a bare land condominium unit
which is furthest from and opposite the Front
Lot Line, or, where there is no such property
line, the point of intersection of any property
lines other than a Front Lot Line which is
furthest from and opposite the Front Lot Line.
"Lot Line, Side" means the property line of
a lot or a bare land condominium unit other
than a Front Lot Line or Rear Lot Line.
"Lot Width" means the horizontal distance
between the Side Lot Lines of a site
measured at a distance from the Front Lot
Line equal to the minimum required Front
Yard Setback (FYS) for the applicable Land
Use District (see sketch).
Front Yard
Setback (FYS)
Front Lot Line
Lot Width
Rear Lot Line
FYS
Side Lot Line
Side Lot Line
"Market Garden" means the growing of
vegetables or fruit for commercial purposes
and includes an area for the display and sale
of goods or produce grown or raised on site.
"May" means that the ensuing action is
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
discretionary.
"Moved-in Building" means a building that
has been assembled at and previously
occupied or used on a site other than the site
it is proposed to be moved-in to, and which
is to be moved more or less whole to the
proposed location. A moved-in building may
be any type of building that is listed as a
permitted or discretionary use in any land
use district, except a Manufactured Home,
Recreational Vehicle, Recreational Vehicle -
Park Model Recreational Unit or new
'Ready-to-Move' RTM Home.
"Municipal Planning Commission" means
the County of Stettler No. 6 Municipal
Planning Commission appointed by Council
pursuant to the Municipal Government Act.
"Municipality" means the County of Stettler
No. 6.
"Parcel of Land" or "Lot" means:
(a)
where there has been a subdivision,
any parcel of land or block shown on a
Plan of Subdivision that has been
registered in a Land Titles Office;
(b)
where a building affixed to the land that
would without special mention be
transferred by a transfer of land has
been erected on two (2) or more
parcels of land or blocks shown on a
Plan of Subdivision that has been
registered in a Land Titles Office, all
those parcels of land or blocks;
(c)
a quarter section of land according to
the system of surveys under the
Surveys Act or any other area of land
described on a Certificate of Title; and
for the purposes of this Bylaw the use of the
terms "Lot" and "Parcel" and "Site" shall be
interchangeable within the context of the
Bylaw.
"Park" 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.
"Parking Lot" means an area of land
providing for the parking of motor vehicles.
"Parking Stall" means that portion of a
parking lot or structure that accommodates a
parked vehicle.
"Permanent Building or Structure" means
that the building or structure is affixed to a
permanent foundation or slab or to posts
planted in the ground below the frost zone or
is not movable without demolishing or
dismantling it.
"Permitted Use" means the use of land or of
a building, which is listed in the column
captioned 'Permitted Uses' in a table of uses
for a land use district in this Bylaw, and for
which, subject to the provisions of this Bylaw,
a Development Permit shall be issued, with
or without conditions, upon an Application
having been made.
"Planning and Subdivision Guidelines"
means Administrative Policy 1.27, which
deals with the preparation of area structure
plans,
outline
plans
and
subdivision
applications.
"Porch" means an entrance structure
typically attached to the front or sides of a
residential building at the ground floor level,
consisting of a roof and floor, where the front
and sides of the structure may be enclosed
by solid walls or windows or unenclosed
where the front and/or sides remain open to
the elements.
"Principal Building or Use" means the
building or use of land that, in the opinion of
the Development Authority, constitutes the
dominant purpose for which the building or
parcel of land is ordinarily used within the
context of the general purpose statement of
the land use district in which the parcel of
land is situated.
"Public Road" means the right-of-way for a
highway, street, or alley that is registered at
the Land Titles Office and is used or intended
to be used to accommodate vehicular traffic.
"Prohibited Use" means the use of land or
of a building, which is listed in the column
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
captioned 'Prohibited Uses' in a table of uses
for a land use district in this Bylaw, and for
which, subject to the provisions of this Bylaw,
a Development Permit shall not be issued,
with or without conditions, under any
circumstances.
"Ready-to-Move (RTM) Home" means a
prefabricated, transportable frame or shell of
a partially completed dwelling unit built in a
factory in compliance with the Alberta
Building Code. It leaves the factory as an
incomplete dwelling unit that is transported in
sections to the building site and completed
in-situ to form one or more complete dwelling
units. An RTM home shall be placed on a
permanent foundation or a basement. An
RTM home has no chassis, running gear, or
wheels. An RTM home, once assembled on-
site, may be a detached dwelling, a multi-
attached dwelling or a multiple family
dwelling as defined in this land use bylaw. A
single RTM home is a detached dwelling
when it has a minimum dimension of 7.3m
(24ft) measured on the shortest side of the
unit, with an eaves overhang of at least 46
cm (18 in) measured perpendicularly from
the vertical exterior wall. For the purposes of
this land use bylaw a single RTM home that
qualifies as a detached dwelling does not
include
a
Manufactured
Home,
a
Recreational Vehicle or a Recreational
Vehicle - Park Model Recreational Unit as
defined in this bylaw. An RTM home is
sometimes referred to as a modular home.
"Recreational Vehicle - Park Model
Trailer" means a Recreational Vehicle
designed to be towed by a heavy duty tow
vehicle but is of a restricted size and weight
so that it does not require a special highway
movement permit. The maximum width when
being towed is 2.6 m (8 ft 6 in). This type of
recreational
vehicle
is
designed
for
infrequent relocation, and is not fitted with a
12 volt system for fixtures and appliances.
Once on a site in the set-up mode, it must be
connected to public or private utilities. The
Park Model Trailer is built on a single chassis
mounted on wheels and has one or more
slide-outs, and conforms to the CSA Z-241
Standard for Recreational Vehicles, or the
equivalent.
It
does
not
include
a
Manufactured Home or a Recreational
Vehicle - Park Model Recreational Unit. A
Recreational Vehicle - Park Model Trailer is
not allowed to be placed on a basement or
other permanent foundation.
"Religious
Assembly"
means
a
development including any meeting halls
used for spiritual worship and related
religious, charitable, educational or social
activities. Typical accessory uses include,
but are not limited to, administrative offices,
accessory manses, rectories or parish
houses.
"Residential Building" means a building
that is designed, constructed, equipped and
serviced to accommodate one or more
dwelling units.
"Road" means land:
(a)
shown as a road on a Plan of Survey
that has been filed or registered in a
Land Titles Office, or
(b)
used as a public road,
and includes a bridge forming part of a public
road and any structure incidental to a public
road, but does not include a Highway.
"Satellite Dish Antenna" means:
(a)
an antenna the purpose of which is to
receive signals from orbiting satellites;
(b)
a low noise amplifier (LNA) situated at
the focal point of the receiving
component the purpose of which is to
magnify and transfer signals;
(c)
a cable the purpose of which is to
transmit signals; and,
(d)
other associated components.
"Screening" means a fence, berm or
vegetative buffer used to visually separate
areas, land uses or functions.
"Sea-can" means an inter-modal cargo
container for marine, rail, and truck transport.
"Secondary
Road"
means
a
road
designated as a Secondary Road pursuant
to the Public Highways Development Act,
and amendments thereto.
"Setback" means the distance that a
development must be set back from a lot line
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
or any other feature of a site as specified by
this Bylaw. A setback is not a yard.
"Shall" means that the ensuing action is
mandatory.
"Shop" means a stand-alone building
associated with a commercial or industrial
use for the operation of a single business
including the storage of materials and
equipment associated with that business. A
shop is not an ancillary building or a farm
building.
"Should" means that the ensuing action is
recommended but not mandatory.
"Sight Triangle" - see next page.
"Sight Triangle" means that triangle formed
by a straight line drawn between two points
on the lot lines of a lot from the point where
the lot lines intersect (see sketch).
"Sign" means any structure, device, light or
fixture, or any part thereof, used to identify,
advertise or attract attention to any person,
object, product, event, place, organization,
institution, development, business, group,
profession, enterprise or industry and is
intended to be seen from on or off the site
where the sign is located. The various types
of signs are further defined in this Bylaw.
"Site" means an area of land consisting of
one or more abutting lots under single
ownership or control.
"Site Coverage" means the total horizontal
area of all buildings or structures on a site
expressed as a percentage of the total site
area. Only buildings and structures that are
located at or above grade are included in site
coverage calculation, including accessory
buildings or structures. Excluded from the
site coverage calculation are steps, eaves,
cornices, and other similar projections,
driveways, aisles or parking lots [unless they
are part of a parking garage which extends
0.9 m (3 ft) or more above grade],
unenclosed inner and outer courts or
terraces and patios which are less than 0.9
m (3 ft) above grade.
"Site Plan" - means a plan submitted in
support of a development permit application,
the approval of which may require a
development servicing agreement, including
matters such as engineering drawings for
sewage disposal, storm drainage, water,
roads, etc.
"Statutory
Plan"
means
a
Municipal
Development
Plan,
an
Inter-municipal
Development Plan, an Area Structure Plan,
and an Area Redevelopment Plan adopted
by a Bylaw of the Municipality, or any one or
more of them.
"Storey" means that portion of a building
which is situated between the top of any floor
and the top of the floor next above it, and if
there is no floor above it, that portion
between the top of a floor and the ceiling
above it. A basement (including a raised
basement, or a loft space is deemed not to
be a storey.
"Structure" means anything constructed or
erected, the use of which requires location
on the ground or attachment to something
located
on
the
ground
not
including
pavements, curbs, walks, open air surfaced
areas and movable vehicles.
"Structural Alteration" means any change
to the roof, foundation or exterior walls of a
structure that results in the expansion of the
usable floor area of a structure, or reduces
existing setback distances.
"Subdivision" means the division of one
parcel of land into two or more smaller
parcels by a plan of subdivision or other
instrument.
Subdivision Plan - means a plan submitted
for preliminary or conditional subdivision
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
approval
for
a
single
or
a
multi-lot
subdivision, the approval of which may
require a subdivision servicing agreement,
including matters such as engineering
drawings
for
sewage
disposal,
storm
drainage, water, roads, etc.
"Subdivision and Development Appeal
Board" means the Board established by
Council pursuant to the Municipal Govern-
ment Act.
"Subdivision
and
Development
Regulation" means the Subdivision and
Development Regulation (Alberta Regulation
43/2002), as amended.
"Uninhabitable" means, when used in
reference to a dwelling unit, that a structure
has been constructed or altered to such an
extent that it is not suitable for permanent
residential occupancy, to the satisfaction of
the Development Authority. Typically this
means that the cooking facilities (i.e. electric
stove) and associated electrical wiring have
been removed or rendered inoperative by a
qualified electrician and written proof from
that electrician is provided. Also see
"Habitable".
"Variance" means an alteration or change
to a development standard prescribed by this
Bylaw that is authorized by the Development
Authority, the Subdivision Authority or the
Subdivision and Development Appeal Board.
"Vehicle Oriented Use" means a land use
that
predominantly
caters
services
to
automotive traffic. Vehicle oriented uses
include but are not limited to gas bars,
service stations, drive-through financial
institutions, drive-in food services, drive-
through vehicle services, car washes, and
similar developments providing drive-in
services in which patrons generally remain
within their vehicles.
"Veranda" means an entrance structure
typically located at the front or sides of a
residential dwelling at the ground floor entry
level, consisting of a roof and floor, where the
front and sides of the structure remain open
to the outside elements.
"Yard" means a part of a parcel of land upon
or over which no building or structure other
than a boundary fence is permitted to be
erected, except for specifically permitted
encroachments and accessory buildings
pursuant to the provisions of this Bylaw. See
definitions for yard front, yard rear and yard
side below.
"Yard, Front" means a yard that extends
across the full width of a parcel of land and is
measured perpendicularly from the front lot
line where it abuts a road to the nearest
exterior front wall of the principal building.
See definition for lot line.
"Yard, Rear" means a yard extending
across the full width of a parcel of land and
measured perpendicularly from the rear lot
line to the nearest exterior rear wall of the
principal building and/or the nearest exterior
rear wall of a detached ancillary building.
See definition for lot line.
"Yard, Side" means a yard extending from
the front yard to the rear yard and measured
perpendicularly from a side lot line to the
nearest exterior side wall of the principal
building and/or the nearest exterior side wall
of a detached ancillary building. See
definition for lot line.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
PART TWO
PLANNING AUTHORITIES
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
10.
DEVELOPMENT AUTHORITY
10.1
The Development Authority is established by this Bylaw pursuant to the Municipal
Government Act.
10.2
The Development Authority shall consist of:
(a)
the Municipal Planning Commission; and
(b)
the Development Officer; and
(c)
Council;
and each of these shall exercise the powers and duties assigned in this Bylaw on behalf
of the County.
11.
DEVELOPMENT OFFICER
11.1
The office of Development Officer is hereby established and shall be filled by a person or
persons authorized under the Development Authority Bylaw.
11.2
The Development Officer shall:
(a)
be a Development Authority for all purposes of the Act and this Bylaw except where
authority is given to the Municipal Planning Commission or to Council.
(b)
assist and advise the Municipal Planning Commission, Council and the public with
respect to the requirements of this Bylaw and other pertinent legislation and policies,
and in regard to the planning of orderly and economical development within the
County.
(c)
keep and maintain, for the inspection of the public during regular office hours, a copy
of this Bylaw and any adopted Statutory Plans and all amendments thereto and
ensure that copies of the same are available to the public at a reasonable charge
set by Council from time to time.
(d)
keep and maintain and make available for inspection by the public during regular
office hours a register for all Development Permit applications and the decisions
made thereon, for a minimum period of three years.
(e)
receive and process all Development Permit applications.
(f)
approve, with or without conditions as authorized by this Bylaw and the Act, and
issue any Development Permit application for a permitted use in any land use district,
including any Districts that delegates the approval of permitted uses to the
Development Officer, that complies in all respects with the regulations and/or
standards of the applicable district or which does not comply with the regulations
and/or standards of the applicable district but of which the variance does not exceed
the variance authority of the Development Officer pursuant to Section 23.3;
(g)
refer, with recommendations, to the Municipal Planning Commission any
Development Permit application for a permitted use in any land use district that does
not comply with the regulations and/or standards of the applicable district and of
which the variance exceeds the variance authority of the Development Officer
pursuant to Section 23.3;
(h)
refer, with recommendations, to the Municipal Planning Commission any
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Development Permit application for a discretionary use in any land use district,
including any District that delegates the approval of discretionary uses to the
Municipal Planning Commission.
(i)
refer all Development Permit applications in any District to Council, except when the
District regulations delegate Council's authority to the Development Authority, in
which case the Development Officer shall refer the application to the Municipal
Planning Commission.
(j)
prepare and maintain such forms and notices as he or she may deem necessary.
(k)
notify the applicant, adjacent landowners and the public of decisions made on
Development Permit applications.
(l)
issue a Development Permit where an approval has been granted by the Municipal
Planning Commission.
(m) prepare the agenda for the regular meetings of the Municipal Planning Commission
and keep and maintain the minutes of those meetings.
11.3
The Development Officer may:
(a)
approve, with or without conditions as authorized by this Bylaw and the Act, any
Development Permit application for a permitted use in any land use district, including
any District that delegates the approval of permitted uses to the Development Officer,
and which does not comply in all respects with the regulations and/or standards of
the applicable district, provided that the required variance does not exceed the
restrictions on variance powers of the Development Officer set out in this Bylaw.
(b)
refer any Development Permit application to the Municipal Planning Commission
which in his/her opinion should be decided by the Municipal Planning Commission.
(c)
refer any planning or development matter to the Municipal Planning Commission for
its review, support or advice.
12.
MUNICIPAL PLANNING COMMISSION
12.1
The Municipal Planning Commission is hereby established pursuant to the Act.
12.2
The Municipal Planning Commission shall:
(a)
be a Development Authority for all purposes of the Act and this Bylaw except where
authority is given to the Development Officer or to Council.
(b)
The Commission shall hold meetings and undertake such actions as are necessary
to fulfill the powers and duties of the Commission.
(c)
consider and either approve, with or without conditions as authorized by this Bylaw
and the Act, or refuse any Development Permit application referred to it by the
Development Officer.
(d)
consider and state terms and conditions on any other planning or development
matter referred to it by the Development Officer or with respect to which it has
jurisdiction under this Bylaw.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(e)
in making its decisions, seek to achieve orderly, economical and beneficial
development, use of land and patterns of settlement; and to maintain and improve
the quality of the physical environment.
(f)
exercise any other powers and duties assigned to it by bylaw of the County Council.
12.3
The Municipal Planning Commission shall, by default, consist of all members of County
Council.
12.4
A member of the Municipal Planning Commission shall not at the same time be:
(a)
a County Development Officer; or
(b)
a member of the County Subdivision and Development Appeal Board.
12.5
The Chairman and Vice-Chairman of the Municipal Planning Commission shall be
appointed annually by resolution of Council.
12.6
In the event that both the Chairman and Vice-Chairman are absent from a meeting, the
members present, in constituting a quorum, shall elect one of its members to act as the
Chairman for that meeting.
12.7
A meeting of the Commission is duly convened if a quorum of its members is present. A
quorum of the Commission shall consist of a majority of the members.
12.8
Only those members of the Commission present at a duly convened meeting of the
Commission shall be able to vote on a matter at the meeting.
12.9
A decision of the majority of members present at a duly convened meeting of the
Commission shall be deemed to be the decision of the whole Commission.
12.10 In the event of a tie vote the matter before the Commission shall be deemed to be denied.
12.11 A member of the Commission that has direct pecuniary interest in a matter before the
Commission, or is aware of any reason which may lead to a possible bias on the matter,
shall declare an interest or likelihood of bias to the Commission and shall abstain from
discussion and voting on the matter, and such abstention shall be recorded in the minutes.
12.12 The Development Officer shall prepare agendas and minutes of Commission meetings
and further is hereby authorized to sign on behalf of the Commission any order, notice of
decision, development permit or other thing made, given, or issued by the Commission
through its minutes, except the approved minutes themselves.
12.13 The Chairman or Vice-Chairman of the Commission must sign the minutes of the previous
Commission meeting only if they were approved at a duly convened meeting of the
Commission.
12.14 The Municipal Planning Commission may make rules as are necessary for the conduct of
its meetings and its business that are consistent with this Bylaw and the Act.
13.
SUBDIVISION AUTHORITY
Deleted
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
14.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
14.1
The Subdivision and Development Appeal Board is established pursuant to the Regional
SDAB Bylaw.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
PART THREE
DEVELOPMENT PERMITS
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
15.
CONTROL OF DEVELOPMENT
15.1
Except as otherwise provided for in Section 16 of this Bylaw, no development or use shall
be commenced, undertaken or conducted within the County unless the person
commencing, undertaking or conducting the development or use and/or the landowner on
whose property the development or use is to be commenced, undertaken or conducted
has applied for a Development Permit in respect of the development and the Development
Authority has issued a Development Permit pursuant to this Bylaw; and further unless the
development or use is commenced, undertaken or conducted and completed in
accordance with the terms and conditions of the development permit.
15.2
The provisions and regulations of this Bylaw do not apply retro-actively to an existing legal
development and shall not be imposed on an existing legal development unless the
existing legal development is on a parcel of land that is the subject of a new development
permit application or a new subdivision application.
16.
DEVELOPMENT DEEMED APPROVED
16.1
A Development Permit is not required if the development or use is restricted
exclusively to the following, provided that the development shall otherwise comply
with all applicable provisions and regulations of this Bylaw:
(a)
any use or development exempted from the provisions of Part 17 of the Act;
(b)
altering, renovating, upgrading, maintaining or repairing any existing building (except
a non-conforming building), provided that the work does not change the use or
intensity of use of the building or adds to or changes the footprint of the existing
building;
(c)
an 'Agricultural Operation' on a parcel where it is listed as a use in a land use district
under Part 7 of this Bylaw and the parcel size is larger than ten acres (4.04 hectares)
and is not a part of or within one mile (1.6 kms) of a multi-lot subdivision or hamlet.
Where an 'Agricultural Operation' does not comply with the provisions of this Bylaw
(e.g. setback requirements) a development permit is required. Where a farm building
that was intended to be used as part of an Agricultural Operation is used for a Home
Business, Contractor's Business - Home Based or Not Home Based or other
commercial or industrial operations, a development permit is required;
(d)
a farm stall on skids and having a floor area of 100 ft² maximum;
(e)
the use of a Recreational Vehicle as a dwelling unit pursuant to Section 76;
(f)
the placement of a Recreational Vehicle in an approved Recreational Vehicle Park
or Campground in those Districts where this use is allowed;
(g)
the construction, installation, maintenance and repair of private roads and utilities,
including a satellite dish antenna 1.0 m (3.0 ft) or less in diameter, on a single parcel
in any land use district where such use or development is listed as a permitted use;
(h)
the gravelling or hard surfacing of any area on private land for the purpose of
providing vehicular or pedestrian access or parking, that is part of a development for
which a Development Permit has been issued, or, if the gravelling or hard surfacing
is not part of a development for which a Development Permit has been issued, where
such access or the parking area does not drain onto adjacent properties (County
approval is still required for access onto a municipal road);
(i)
the construction, installation, maintenance and repair of public roads and utilities in
any land use district by or on behalf of a federal, provincial or municipal government
agency or authority and where such use or development is listed as a permitted use;
(j)
the temporary use of land or a building, for a period not exceeding six months, by or
on behalf of a federal, provincial or municipal government agency or authority; any
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
development carried out by or on behalf of a federal, provincial or municipal
government agency or authority, other than those stated in Sections 16.1(i) and (j)
above, excluding any use that is listed as a discretionary use in any land use district
or the installation of communication antennae and structures [other than those stated
in Section 16.1(s)], the extraction or processing of sand, gravel and surface minerals,
a waste management facility, a wastewater treatment facility or any other
development that is reasonably considered a nuisance or of a noxious nature or that
requires a setback distance or a referral pursuant to the Subdivision and
Development Regulation under the Municipal Government Act;
(k)
the temporary use of land or a building or part thereof as a polling station, a
candidate's campaign office, or any other official temporary use in connection with a
federal, provincial or municipal election or referendum or census;
(l)
the construction or maintenance of gates, fences, walls or other means of enclosure)
not more than 6.0 feet (1.83 meter) in height, except where corner lot restrictions
apply;
(m) the placement of an outdoor advertisement or sign subject to Section 84 of this
Bylaw; the temporary erection, installation or use of machinery, equipment,
structures or buildings (such as a construction trailer) that is incidental to the
implementation of development for which a Development Permit has been issued
under this Bylaw, and which will be removed once construction has been completed.
This does not include a real estate sales office, show home or similar use or building;
(n)
the demolition of a building or structure that is assessed by the County for tax
purposes, where a Development Permit has been issued for a new development or
structure on the same site, and the demolition of the existing building or structure is
implicit in that permit;
(o)
the construction or placement of an Ancillary Building that does not exceed 17.85 m2
(192 ft2) in area and is not permanently attached to the ground (i.e. it is built on skids)
provided that no portion of the building is located within the required yard setbacks;
(p)
development within an existing basement which does not change or add to the
intensity of uses within an existing building;
(q)
the construction of:
(i)
an uncovered and unenclosed ground level deck located in a rear or side yard
in any District; and
(ii)
an uncovered and unenclosed raised deck that is located in a rear or side yard
in any District and is not closer than 30 metre to any property line;
(r)
a concession booth selling food, beverage and equipment or gifts related to the
principle use, as an accessory use in any principle building or use that involves public
gatherings as part of its usual operations;
(s)
the erection of a communication antenna and structure not exceeding 9.14 m (30 ft)
in height from the finished grade;
(t)
landscaping where the proposed finished grades are such that overland drainage or
slope stability of the subject land or adjacent properties will not be adversely
affected, except where a Development Permit allows for such landscaping; and
(u)
the placement of a sea-can or a canvas covered structure as an 'Ancillary Building'
or an 'Agricultural Operation' on a parcel in any land use district where these uses
are listed but only if the parcel is located outside of and not adjacent to a hamlet or
multi-lot subdivision, subject to Section 49 and Section 81.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
17.
DEVELOPMENT PERMIT APPLICATION - PLANS AND INFORMATION REQUIRED
17.1
An Application for a Development Permit shall be made to the Development Officer in
writing on the prescribed form.
17.2
Before the Development Officer will accept and/or process an application for a
Development Permit affecting land adjacent to a provincial highway, the Applicant shall
obtain a roadside development permit from Alberta Transportation. See Section 58.24.
17.3
Before the Development Officer will accept and/or process an application for a
Development Permit for a building larger than 47 m² (506 ft²) or for an addition to an
existing building that will, as a result of the addition, become larger than 47 m² (506 ft²),
affecting land on which an abandoned oil or gas well may be present, the Applicant shall
obtain abandoned well information from the Energy Resources Conservation Board and
provide same to the Development Officer. The information regarding abandoned wells is
available on the ERCB's Abandoned Well Viewer on their website at www.ercb.ca. If it
appears that a potential conflict between abandoned well locations and the proposed
surface development may exist, the Applicant must contact the licensee of record for the
abandoned well(s) for any additional information that may be required or to physically
locate the abandoned well. If the proponent is unable to contact the licensee of record
using the information provided on the ERCB's Abandoned Well Viewer, the ERCB may be
able to assist with additional contact information (telephone 1-855-297-8311 or email
[email protected]). Also refer to Section 58.15. The County will assist applicants with this
process where possible.
17.4
In addition to the completed application form, the following are required in order to
complete an application:
(a)
One (1) site plan at a scale of 1:100, unless otherwise acceptable to the
Development Officer, plus one (1) copy of the site plan reduced to standard page
size, plus, when digitally produced, one digital PDF format of the site plan, showing
the following, subject to the discretion of the Development Officer:
(i)
north arrow and scale of plan;
(ii)
legal description of property;
(iii)
municipal address;
(iv) lot lines shown with dimensions;
(v)
proposed front, side and rear yards shown with dimensions;
(vi) site topography, drainage patterns, grades and special conditions;
(vii) location of existing/proposed buildings or structures (dimensioned to property
lines);
(viii) development density, site coverage calculations, height and number of storeys
according to the definitions of this Bylaw;
(ix) location of existing/proposed on-site water and sewage disposal services;
(x)
location of all registered utility easements and rights-of-way;
(xi) location of existing and proposed vegetation, landscaping, retaining walls and
other physical features on a site, and an indication of which existing features
will be retained/removed in the course of developing the project;
(xii) dimension layout of existing and proposed off-street parking and loading areas,
entrances, exits and abutting roads (labelled); and
(xiii) existing and proposed use of the existing and proposed building and/or
property;
(b)
a copy of the Certificate of Title indicating ownership or the payment of an amount
as determined from time to time by bylaw of Council, to the County for obtaining this
information on the applicant's behalf;
(c)
if the applicant is an agent of the landowner, a letter from the landowner verifying
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
the agent's authority to make the application;
(d)
the estimated commencement and completion dates;
(e)
the estimated value of the project; and
(f)
the applicable development permit fee.
17.5
In addition to the requirements of Section 17.4, the Development Authority may require
any of the following:
(a)
plans showing elevations, floor plan and the perspective of the proposed
development including a description of the exterior finishing materials, colours and
signs;
(b)
a map showing the designated land use of the project site and of all properties
located within 92 m (300 ft) of the boundaries of the site;
(c)
engineering plans or a statement of intent respecting the provision of water and
sewage disposal services, and franchise utilities to the site, and the location of all
services and utilities;
(d)
a lot grading plan;
(e)
a landscaping plan;
(f)
photographic prints or slides showing the site in its existing state;
(g)
a Plan of Survey or a Real Property Report prepared by an Alberta Land Surveyor
showing the site to be developed;
(h)
a geotechnical or floodplain study prepared by a qualified engineer recognized by
APEGA if in the opinion of the Development Authority the site is potentially
hazardous or unstable;
(i)
a reclamation plan for aggregate extraction or other major surface disturbance;
(j)
a Phase 1 Environmental Site Assessment, conducted according to Canadian
Standards Association (CSA) guidelines, to determine potential contamination and
mitigation;
(k)
an Environmental Impact Review prepared by a qualified professional if the
proposed development may, in the opinion of the Development Authority, result in
potentially significant environmental effects;
(l)
detailed studies regarding the potential impact and approach to dealing with traffic,
utilities and storm drainage prepared by a qualified engineer or engineering
technologist recognized by APEGGA;
(m) elevations of any signs proposed for the development; and
(n)
such other information that is deemed necessary by the Development Authority.
17.6
The Development Authority may deal with an application without any or all of the
information required by Sections 17.4 or 17.5 if, in the opinion of the Development
Authority, a decision can be properly made on the application without that information.
17.7
The Development Officer or the Municipal Planning Commission, as the case may be,
may refuse to accept an Application for a Development Permit where the information
required by Section 17.4 and 17.5 has not been supplied or if in their opinion the quality
of the material supplied is inadequate to properly evaluate the Application.
17.8
"Where an applicant is required to submit a report or study that is required to be prepared
or reviewed by an expert or professional, including, but not limited to, a professional
engineer, architect, arborist or Alberta Land Surveyor, the Development Authority or
Subdivision Authority may, in their sole opinion, determine whether the expert or
professional is properly qualified or whether the information submitted by the expert or
professional is sufficient for the intended purpose and may reject information on either
basis. The Development Authority or Subdivision Authority may require that the individual
who prepared or reviewed the report or study to supply proof of their credentials and
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
qualifications for this purpose."
18.
DEMOLITION OF EXISTING DEVELOPMENT
18.1
In addition to the requirements of Sections 17.4 and 17.5, an application for a development
permit for the demolition of a building shall include the following information:
(a)
the value of the building;
(b)
the alternatives to demolition if the building is of historic or architectural value;
(c)
the purpose for the building demolition and the type of structure to replace the
demolished building;
(d)
a work schedule of the demolition and site cleanup;
(e)
the destination of debris materials; and
(f)
the length of time before the site is to be redeveloped and treatment of the site after
demolition but prior to development.
19.
FEES
19.1
The fees to be charged by the County on all applications and other matters arising under
this Bylaw are set forth in the County's Fee Bylaw.
20.
RIGHT OF ENTRY
20.1
By applying for and accepting the issuance of any approval from the County the applicant
and/or landowner or the owner of an approval issued by the County is deemed to have
consented to a person designated by the County to enter upon the subject land during the
processing of an application and/or subsequent to the issuance of an approval for the
purpose of inspection and ensuring compliance with conditions of approval or otherwise
compliance with the Land Use Bylaw. Such inspections shall occur at any reasonable time
during County office hours from Monday to Friday, excluding statutory holidays.
21.
REFERRAL OF DEVELOPMENT PERMIT APPLICATIONS
21.1
Prior to making a decision on any development permit application the Development
Authority:
(a)
may refer any development permit application to any County department and/or an
adjacent Municipality or any other agency, board, adjacent landowner or other
person which in his/her opinion may provide relevant comments or advice respecting
the Application; and
(b)
shall refer any development permit application to those government agencies as
required by the Subdivision and Development Regulation (Alberta Regulation
43/2002) as amended from time to time.
21.2
After 30 days from the date of referral to any County department, any external agency or
any adjacent landowner, the Development Authority may deal with the application whether
or not comments have been provided, except if such comment is required by this bylaw.
22.
DECISION ON DEVELOPMENT PERMIT APPLICATIONS
22.1
In making a decision on a Development Permit application for a Permitted Use, the
Development Authority:
(a)
shall approve, with or without conditions, the application if the proposed development
conforms with this Bylaw; or
(b)
shall refuse the application if the proposed development does not conform to this
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Bylaw.
22.2
In making a decision on a Development Permit application for a Discretionary Use, the
Development Authority:
(a)
may approve the application if it meets the requirements of this Bylaw, with or without
conditions, based on the merits of the application; or
(b)
may refuse the application even though it meets the requirements of this Bylaw; or
(c)
shall refuse the application if the proposed development does not conform to this
Bylaw.
22.3
In reviewing a development permit application for a Discretionary Use, the Development
Authority shall have regard to the circumstances and merits of the application, including
but not limited to the following:
(a)
the impact on properties in the vicinity of such nuisance effects as smoke, airborne
emissions, earthborne vibrations, odours and noise;
(b)
the design, character and appearance of the proposed development and in particular
whether it is compatible with the surrounding properties;
(c)
any or all of the matters listed in Sections 24.1 and 24.2, but not necessarily limited
to those considerations;
(d)
the servicing and access requirements for the proposed development.
22.4
Subject to Section 23.2 the Development Authority shall refuse a development permit for
a use or development that is not listed as a Permitted or Discretionary Use, or that is listed
as a Prohibited Use, or require that the applicant apply to amend the Land Use Bylaw or
rezone the property to an appropriate land use district.
23.
VARIANCE AUTHORITY
23.1
Notwithstanding Sections 22.1(b) and 22.2(c) the Development Authority may decide on
a development permit application even though the proposed development does not
comply with this Bylaw or is a non-conforming building or use if, in the opinion of the
Municipal Planning Commission:
(a)
the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii)
materially interfere with or affect the use, enjoyment or value of neighbouring
parcels of land;
and
(b)
the proposed development conforms to the use prescribed for the land in this Bylaw.
23.2
Notwithstanding Sections 22.4 and 23.1(b) the list of discretionary uses for any land use
district shall be deemed to include any use that is, in the opinion of the Development
Authority, consistent with the overall intent of the land use district and similar in nature and
purpose to a listed permitted or discretionary use, and which conforms to the general
purpose of the district.
23.3
Pursuant to Section 23.1 and subject to Sections 23.7 and 23.8 the Development Officer
may allow a variance of any minimum or maximum development standard in this Bylaw of
up to a maximum of 10% of the stated standard.
23.4
Pursuant to Section 23.1 and subject to Sections 23.7 and 23.8 the Municipal Planning
Commission may:
(a)
allow a variance of any rear yard or side yard setback requirement in this Bylaw in
order to correct an omission, error or other defect or to address site specific
conditions, any of which, in the opinion of the Development Authority, cause
unreasonable hardship and would not unduly interfere with the amenities of the
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
neighbourhood or materially interfere with or affect the use, enjoyment or value of
adjacent parcels of land; and
(b)
allow a variance of any other minimum or maximum development standard in this
Bylaw.
Also refer to Sections 13.6, 13.7, 23.7, 23.8 and 67.8.
23.5
Pursuant to Section 23.1 and subject to Section 23.8 and notwithstanding Section 43.12,
the Municipal Planning Commission may allow a variance to locate an ancillary building in
the front yard of a parcel.
23.6
Notwithstanding Section 23.4 and pursuant to Section 23.1 and subject to Sections 23.7
and 23.8 the Municipal Planning Commission may allow a variance of any minimum or
maximum development standard in this Bylaw as may be necessary in its sole discretion
to allow a legal non-conforming building or substandard parcel that existed on or was
approved before the effective date of this Bylaw to be brought into conformance with the
provisions of this Bylaw.
23.7
Notwithstanding the variance powers granted in Sections 23.3, 23.4 and 23.6, for the
purpose of fire protection the Development Authority shall not approve a variance to the
maximum building height for any building, except Agricultural Supply Depot, Farm Building
and Public or Private Road and Utility, in any District that would result in the wall height at
the eaves of a pitched roof or at the parapet of a flat roof exceeding 22 ft (6.7 m), unless
the Regional Fire Chief recommends the variance.
23.8
In considering a variance, the Development Authority shall:
(a)
not grant a variance if granting the variance results in a development that does not
comply with the requirements of the Municipal Government Act and the Subdivision
and Development Regulation;
(b)
not grant a variance which would infringe on any airport vicinity regulations or on any
railway right-of-way;
(c)
grant a variance only in case of hardship or practical difficulty peculiar to the use,
character or situation of the land or building and which is not generally common to
other land in the district; and
(d)
have regard to the purpose and intent of the district and the nature of developments
on adjacent properties.
23.9
If a variance is granted, the Development Authority shall specify its nature in the
development permit approval.
23.10 Any variance which the Development Authority approves is subject to the provisions of
Section 33.
23.11 Notwithstanding anything in this Bylaw, the Development Authority may not allow a
variance in regard to the use of land or a building.
24.
DEVELOPMENT PERMIT CONDITIONS
24.1
The Development Authority may impose conditions it considers appropriate to a
development permit for either a permitted or a discretionary use, including but not limited
to the following considerations:
(a)
that the Applicant enter into an Agreement with the Municipality, pursuant to the
Municipal Government Act, to do all or any of the following;
(i)
to construct or pay for the construction or the upgrading of any road to give
access to the development;
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(ii)
to construct, install or pay for the installation of any local improvements or
utilities which are needed to serve the development;
(iii)
to repair or reinstate, to original condition, any ditch, municipal landscaping or
vegetation which may be damaged or destroyed or otherwise harmed by
development or building operations upon the site;
(iv) to give security to ensure that the terms of the Agreement under this Section
are carried out or that the conditions of any development permit are complied
with;
(v)
to pay to the Municipality the costs paid by the Municipality to any Engineer or
other person for materials testing, inspections, monitoring of construction and
review of construction drawings, and legal costs and expenses to which the
Municipality is put in connection with the Development Agreement and the
Agreement relates; and;
(vi) to attend to all other matters the Development Authority considers appropriate;
(b)
landscaping;
(c)
the attenuation or timing of noise, odour, smoke, dust, steam, radio waves or other
nuisances;
(d)
conformance to recommendations from any professional studies required as part of
the permit application, relating to matters such as slope stability, traffic, etc.;
(e)
the compatibility of proposed traffic patterns and characteristics with those existing
in the affected neighbourhood;
(f)
the removal or retention of natural vegetation;
(g)
environmental contamination;
(h)
public safety;
(i)
existing structures;
(j)
the timing of the completion of any part of the proposed development;
(k)
parking;
(l)
the size, location, orientation, appearance and character of a site, a building or other
structure;
(m) hours of operation;
(n)
the duration or expiry of a development permit;
(o)
site grading;
(p)
the subdivision or consolidation of parcels;
(q)
completion of detailed plans and construction drawings illustrating access, site
layout, landscaping, parking, building elevations, signs, storm water management
and/or utility servicing;
(r)
the posting of a security deposit to ensure that the development is completed in a
timely fashion and in accordance with the approval;
(s)
to ensure that the design, character, and appearance of a building, including its
height, are compatible with and complementary to the surrounding area;
(t)
dust control on County roads due to increased traffic as a result of the proposed
development;
(u)
to ensure that a development does not encroach upon the boundary of a Municipal
Reserve, an Environmental Reserve or an Environmental Reserve Easement;
(v)
to require that any person who applies to the provincial Safety Codes Council or
other accredited agency for a Building Permit under the Safety Codes Act in respect
of constructing a building on a property pursuant to a Development Permit previously
issued by the County must demonstrate to the County that the Building Permit
application submitted to and the Building Permit issued by the Safety Codes Council
or other accredited agency are consistent with the Development Permit issued by
the County. Refer to Section 47;
(w) any provision, condition or requirement stated elsewhere in this Bylaw;
(x)
any other condition to ensure the proposed development is compatible with
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
surrounding land uses; and
(y)
any condition deemed necessary to ensure that the development complies with the
Municipal Government Act, any regulation or standard stated in this Bylaw, and any
applicable statutory plan.
24.2
Where this Bylaw requires a minimum standard, the Development Authority may impose
a condition to a development permit requiring a higher standard where it is deemed by the
Development Authority that adherence to the minimum standard may result in conditions
that unduly interfere with the amenities of the neighbourhood or materially interfere with
or affect the use, enjoyment or value of neighbouring properties or the general appearance
of a development from a public road or highway.
24.3
Where an application for a development permit involves a consolidation of legal parcels,
the Development Authority may withhold a permit until the consolidation of the parcels has
been registered.
24.4
A development agreement signed pursuant to Section 24.1(a) may be registered in the
Land Titles Office in the form of a Caveat against the Certificate of Title for the land that is
the subject of the Development Agreement, and shall be discharged upon the completion
of all the requirements, conditions and terms of the Agreement.
25.
TEMPORARY DEVELOPMENT PERMITS
25.1
When the Development Authority imposes a condition restricting the duration of a
development permit pursuant to Section 24.1(n):
(a)
the Development Authority shall:
(i)
specify the length of time that the development permit remains in effect;
(ii)
require that the use be stopped and/or any improvements be removed once
the development permit expires;
(iii)
impose a condition that the County is not liable for any costs incurred in
removing any improvements at the expiry of the development permit;
and
(b)
the Development Authority may require that the applicant enter into an agreement
with the County guaranteeing the removal of any improvements when the use is
changed or discontinued. The agreement may require the applicant to post a
security guaranteeing the removal of any improvements.
25.2
Upon expiry of a development permit issued on a temporary basis, a new application is
required. Such application shall be considered as a first application and the Development
Officer is not obliged to approve it on the basis that a previous development permit was
issued.
26.
NON-CONFORMING BUILDINGS AND USES
26.1
Except as provided for in Section 23.6, a development which is deemed to be a non-
conforming building or use shall be dealt with as provided for under the Municipal
Government Act.
27.
NOTIFICATION OF DECISION
27.1
Where a decision has been made to approve a Development Permit application, the
Development Authority:
(a)
within seven (7) days of a decision being made on any Development Permit shall
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
provide a Notice of the decision to the applicant in writing by regular mail and place
a Notice of the decision on the bulletin board in the County Office;
(b)
within seven (7) days of a decision being made may, in the case of a Permitted Use,
and shall, in the case of a variance or a Discretionary Use, publish a notice in the
newspaper circulating in the County stating the legal description, municipal address,
the nature of the development, and the right of appeal; and/or
(c)
within seven (7) days of a decision being made in the case of a variance or a
Discretionary Use, may send a notice by regular mail to all adjacent landowners
advising of the decision and the right of appeal and may post a Notice of the decision
conspicuously on the property for which the Application has been made.
27.2
Where an Application for a Development Permit is refused, the Development Authority
shall notify the Applicant of the decision in writing by regular mail within seven (7) days of
the decision being made, including the reasons for the refusal.
27.3
Deleted
27.4
Any development or part of a development that is started or undertaken prior to the
expiration of the appeal period or, if appealed, the outcome of the appeal process shall be
entirely at the risk of the Applicant and with the understanding that the Applicant is liable
for any costs which may be incurred in returning the parcel of land to the state it was in
prior to development.
28.
APPLICATION DEEMED REFUSED
28.1
If an Application for a Development Permit is refused or if a decision is not made within
forty (40) days from the date of receipt of the completed Application, or within such longer
period as the Applicant may approve in writing, the Application shall be deemed to be
refused and the Applicant may appeal to the Subdivision and Development Appeal Board
pursuant to Section 34.
29.
SUBSEQUENT APPLICATIONS
29.1
Where an Application for Development Permit is withdrawn by the Applicant or refused by
the Development Authority or where an appeal is refused by the Subdivision and
Development Appeal Board, the Development Authority shall not accept another Applica-
tion for a Development Permit on the same parcel of land and for the same or similar use
of land by the same or any other Applicant for a period of three (3) months after the date
of withdrawal or final refusal unless, in the opinion of the Development Authority, the
reasons for the refusal have been adequately addressed or the circumstances of the
Application have changed significantly.
30.
COMPLIANCE WITH DEVELOPMENT PERMIT CONDITIONS
30.1
On receipt of an issued Development Permit, a person may develop land for the purposes
approved subject to meeting any conditions imposed and shall not develop land otherwise.
31.
VALIDITY OF A DEVELOPMENT PERMIT
31.1
A Development Permit shall automatically become null and void if the development
authorized by the Development Permit is not commenced within twelve (12) months and
the exterior finishing, site grading, paving, curbing and/or landscaping are not completed
within twenty-four (24) months from the date of the issuance of the Permit, unless an
extension to the Permit has been applied for by the applicant and granted by the
Development Authority prior to the expiry date. Any application for the extension of the
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
validity of a Development Permit must be considered by the Municipal Planning
Commission.
31.2
If a development has been commenced but the Development Permit is subsequently
deemed null and void pursuant to Section 31.1, the Development Authority may require
that all work cease until a new Permit is applied for and issued, and if necessary issue a
stop work order pursuant to the Act.
31.3
A development, once begun, shall not be abandoned, or left for an extended period of time
in what the Development Officer considers to be an unsightly or unsafe condition.
32.
SUSPENSION OR REVOCATION OF A DEVELOPMENT PERMIT
32.1
The Development Authority may suspend or revoke a development permit if:
(a)
facts concerning the Application or the development were not disclosed which should
have been disclosed at the time the Application was considered and have
subsequently become known;
(b)
the development for which the permit has been issued is not being carried out or
completed to the extent or in the manner originally approved;
(c)
there is a contravention of any condition under which such permit was issued;
(d)
the permit was issued in error; or
(e)
the Permit Application contained a serious misrepresentation or the permit was
otherwise issued on the basis of incorrect information.
33.
RIGHT OF APPEAL
33.1
The applicant for a Development Permit may appeal to the Subdivision and Development
Appeal Board if the Development Authority:
(a)
refuses a development permit application; or
(b)
approves a development permit application subject to conditions; or
(c)
refuses a development permit application as an incomplete application; or
fails to notify the applicant that a development permit application has been deemed
incomplete within twenty days of submitting the application pursuant to the Municipal
Government Act (s. 683.1)
(d)
fails to make a decision on a development permit within 40 days of receipt of a
completed application or within such extended period as the applicant may approve
in writing.
33.2
Subject to Section 33.5, in addition to the applicant any other person affected by a decision
of the Development Authority to approve a Development Permit application may appeal
to the Subdivision and Development Appeal Board.
33.3
A person whose Development Permit is suspended, revoked or cancelled under Section
32 may appeal to the Subdivision and Development Appeal Board.
33.4
A landowner or the holder of a Development Permit may appeal to the Subdivision and
Development Appeal Board if the Development Authority issues an Order under Section
37 of this Bylaw.
33.5
Notwithstanding Sections 33.1 and 33.2, no appeal lies in respect of the issuance of a
Development Permit for a Permitted Use unless the provisions of this Bylaw were relaxed,
varied, or misinterpreted in that Development Permit.
34.
THE APPEAL PROCESS
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
34.1
An appeal to the Subdivision and Development Appeal Board shall be commenced by
serving written Notice of the Appeal on the Subdivision and Development Appeal Board
within twenty-one (21) days after:
(a)
in the case of an appeal made by a person referred to in Section 33.1, the date on
which:
(i)
the person is notified of the decision, or
(ii)
if no decision is made with respect to the Application for a Development Permit,
the expiry of the forty- (40) day period, and any extension thereto, referred to
in Section 33.1(d);
(b)
in the case of an appeal made by a person referred to in Sections 33.2, 33.3 or 33.4,
the date on which the person is notified of the decision or order.
34.2
If a notice of appeal of a decision on a Development Permit application is served on the
Secretary of the Subdivision and Development Appeal Board, the Development Permit
shall not be effective until:
(a)
the decision to approve the permit is upheld by the Subdivision and Development
Appeal Board; or
(b)
the Secretary of the Subdivision and Development Appeal Board receives written
notice from the appellant withdrawing the appeal.
34.3
If a decision to approve a Development Permit is reversed by the Subdivision and
Development Appeal Board, the Development Permit shall be null and void.
34.4
If a decision to refuse a Development Permit application is reversed by the Board, the
Board shall direct the Development Officer to issue a Development Permit in accordance
with its decision.
34.5
If a decision to approve a Development Permit application is varied by the Board, the
Board shall direct the Development Officer to issue a Development Permit in accordance
with its decision.
34.6
The decision of the Subdivision and Development Appeal Board is binding except on a
question of jurisdiction or law, in which case the appellant may appeal to the Court of
Appeal as provided in the Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
PART FOUR
PROCEDURE FOR BYLAW AMENDMENTS
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
35.
APPLICATION TO AMEND THE LAND USE BYLAW
35.1
Council on its own initiative may adopt a Bylaw to amend this Land Use Bylaw pursuant
to the provisions of the Municipal Government Act. If deemed necessary, the County may
initiate an amendment to this Bylaw without the landowner's consent.
Filing an Application
35.2
Any person may make Application to the Development Officer for an amendment to this
Land Use Bylaw pursuant to the provisions of the Municipal Government Act. The
Application shall include:
(a)
a statement of the specific amendment requested;
(b)
the purpose and reasons for the Application;
(c)
if the Application is for a change of District of a specific parcel of land:
(i)
the legal description of the lands or a plan showing the location and dimensions
of the lands;
(ii)
a properly dimensioned map indicating the affected site and its relationship to
existing land uses on adjacent properties;
(iii)
a recent copy of the Certificate of Title for the lands or any other documentation
satisfactory to the Development Authority verifying that the applicant has a
legal interest in the land; and
(iv) the registered owner's authorization for the proposed amendment, if the
Applicant is not the registered owner;
(d)
such additional information as the Development Officer may require to properly
evaluate the proposed amendments and to make recommendations to Council
concerning the proposed amendment; and
(e)
the required application fee pursuant to the County's Fee Bylaw.
35.3
If the amendment is for a change of District of a specific parcel of land, the Development
Officer may require that the applicant prepare an Area Structure Plan or Outline Plan for
the area to be rezoned, to the level of detail specified by the Development Officer or pay
for the preparation of such a plan by the County.
35.4
Upon receipt of an Application to amend this Bylaw, the Development Officer shall place
the Application before Council for consideration of first reading within sixty (60) days of its
receipt.
35.5
The amendment application may be referred by the Development Officer to:
(a)
any County Department for review and comment;
(b)
any external agency for comment and advice;
(c)
the Municipal Planning Commission for consideration and recommendation to
Council; and/or
(d)
Council for first reading and to establish a date for a public hearing to be held prior
to second reading.
Council's Consideration of an Application
35.6
Council, in considering an Application to amend this Bylaw:
(a)
shall pass first reading with or without conditions if the amendment is to change the
District of a parcel of land; and
(b)
may, at its sole discretion, for all other applications:
(i)
refuse the Application;
(ii)
refer the Application for further information;
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(iii)
pass first reading to a Bylaw to amend this Land Use Bylaw, with or without
amendments;
(iv) defeat first reading of a Bylaw to amend this Land Use Bylaw; or
(v)
pass first reading of an alternative amendment to this Land Use Bylaw with or
without amendments.
Advertising and Notification of Public Hearing
35.7
Upon giving first reading to an amending Bylaw, Council shall:
(a)
establish the date, time, and place for a Public Hearing on the proposed Bylaw; and,
(b)
if a Bylaw to establish procedures for Public Hearings has not been passed:
(i)
outline the procedures to be followed by any person, group of persons, or
person representing them who wish to be heard at the Public Hearing; and
(ii)
outline the procedure for conducting the Public Hearing.
35.8
Notwithstanding Section 35.7, the Land Use Bylaw may be amended without giving Notice
or holding a Public Hearing if the amendment corrects clerical, technical, grammatical, or
typographical errors and does not materially affect the Land Use Bylaw in principle or
substance.
35.9
Following first reading of an amending Bylaw to change the District of a parcel of land, the
Development Officer must give written notice of the proposed bylaw and the Public
Hearing to the assessed owner of the parcel of land and to each owner of adjacent land,
in accordance with Section 692 of the Act.
35.10 Following first reading of an amending Bylaw for all amendments other than those
mentioned in Section 35.8 the Development Officer must advertise or give notice of the
Public Hearing according to Section 606 of the Act.
Public Hearing
35.11 In the Public Hearing, the Council:
(a)
must hear any person, group of persons, or person representing them who claims to
be affected by the proposed Bylaw and who has complied with the procedures
outlined in this Bylaw; and
(b)
may hear any other person whom the Council agrees to hear.
35.12 After considering the representations made to it about the proposed Bylaw at the Public
Hearing and after considering any other matter it considers appropriate, Council may:
(a)
pass the Bylaw;
(b)
make any amendment to the Bylaw it considers necessary and proceed to pass it
without further advertisement or hearing; or
(c)
defeat the Bylaw.
35.13 Prior to granting third reading of a proposed Bylaw to amend the Land Use Bylaw, Council
may require the Applicant to apply for subdivision approval and/or for a Development
Permit and negotiate a Development Agreement in respect of the proposal which initiated
the Application for Amendment, and to complete, register or execute any approvals
resulting therefrom.
35.14 After third reading of a proposed Bylaw, the Development Officer shall send a copy of it
to:
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(a)
the Applicant;
(b)
the Registered Owner of the lands if it is not the Applicant;
(c)
an adjoining Municipality if it received Notice of the proposed Bylaw pursuant to
Section 692 of the Act.
Subsequent Applications
35.15 The Development Officer shall not accept an Application for an amendment to this Bylaw
which is identical or similar to an Application which was refused by Council, for a period of
three (3) months after the date of the refusal unless, in the opinion of the Development
Officer, the reasons for refusal have been adequately addressed or the circumstances of
the Application have changed significantly.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
PART FIVE
BYLAW ENFORCEMENT
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
36.
CONTRAVENTION
36.1
No person shall contravene this Bylaw by commencing or undertaking a development,
use, or sign that is not permitted under this Bylaw.
36.2
No person shall authorize or do any development that is at variance with the description,
specifications or plans that were the basis for issuing a development permit under this
Bylaw.
36.3
No person shall contravene a condition of a permit issued under this Bylaw.
36.4
A Bylaw Enforcement Officer or the Development Authority may enforce the provisions of
this Bylaw, the Municipal Government Act and its regulations, or the conditions of a
development permit or a subdivision approval.
36.5
Notwithstanding anything to the contrary in this Bylaw the Development Authority may
enforce compliance with this Bylaw if the contravention amounts to the non-compliance
with a condition of a development permit or a subdivision approval or if, in response to a
public complaint, it is determined upon inspection that an unsafe condition exists, being a
condition which could endanger the life, limb or health of any person authorized or
expected to be on the premises.
37.
STOP ORDER AND ORDERS OF COMPLIANCE
37.1
If the Development Authority, a Peace Officer or a Bylaw Enforcement Officer finds that a
development, land use, or use of a building or structure is in contravention of or not in
conformity with the Land Use Bylaw, the Municipal Government Act, the Subdivision and
Development Regulation, a Development Permit or a Subdivision Approval, the
Development Authority may, by written Order pursuant to the Municipal Government Act,
direct the owner, the person in possession of the land or building, or the person
responsible for the contravention, or any or all of them, to:
(a)
stop the development or use of the land or building or structure in whole or in part
as directed by the Order;
(b)
demolish, remove, or replace the development, use, building or structure; or
(c)
carry out other actions required by the Order so that the development or use of the
land or building or structure is remedied to comply with the Land Use Bylaw, the
Municipal Government Act, the Subdivision and Development Regulation, a
Development Permit, or a Subdivision Approval;
and in such Order establish a time for compliance with such Order, acting reasonably.
37.2
A person who receives an Order to Remedy a Contravention may by written notice request
the County Council to review the Order, and a person who receives a Stop Order may
appeal to the Subdivision and Development Appeal Board.
37.3
If a person fails or refuses to comply with an Order under Section 37.1 or, subsequent to
review or appeal wherein the Order is upheld, an Order of the County Council or the
Subdivision and Development Appeal Board, the Municipality may enter on the land or
building and take any action necessary to carry out the Order.
37.4
The Municipality may register a Caveat under the Land Titles Act in respect of an Order
referred to in Section 37.1 against the Certificate of Title for the land that is the subject of
the Order, but if it does so the Municipality must discharge the Caveat when the Order has
been complied with.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
37.5
If the County takes action to carry out an Order to remedy a Contravention or a Stop Order,
the County shall cause the costs and expenses incurred in doing so to be placed on the
tax roll of the property concerned.
38.
PENALTIES AND FINES
38.1
A person:
(a)
who contravenes or does not comply with:
(i)
the Land Use Bylaw;
(ii)
the Municipal Government Act;
(iii)
the Subdivision and Development Regulation;
(iv)
an Order under Section 37.1 of this Bylaw;
(v)
a Development Permit or Subdivision Approval, or a condition therein;
(vi)
a decision of the Subdivision and Development Appeal Board;
and/or
(b)
who commences a development without the prior issuance of a Development Permit
or a Subdivision Approval;
and/or
(c)
who obstructs or hinders any person in the exercise or performance of his/her
powers or duties under this Land Use Bylaw;
is, pursuant to the Municipal Government Act, guilty of an offence and may be liable to a
fine or penalty as provided for in the County's Fee Bylaw, prosecution, or both.
38.2
Where the Development Officer, a Peace Officer or a Bylaw Enforcement Officer has
reasonable grounds to believe that a person has contravened any provision pursuant to
Section 38.1 of this bylaw, (s)he may serve upon such person an offence ticket requiring
the payment of a fine or penalty specified in the County's Fee Bylaw in lieu of prosecution
for the offence.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
PART SIX
GENERAL LAND USE REGULATIONS
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
39.
APPLICABILITY
39.1
This Part shall apply to all Land Use Districts and Development Permits under this Bylaw.
40.
ACCESS TO A PARCEL OF LAND
40.1
Any access location and/or ditch/curb crossing from a municipal road onto a parcel of land
may, at the discretion of the Development Officer, require the approval of the Development
Authority.
40.2
All developments except detached dwellings and duplexes and individual parking stalls
accessing an alley shall be designed so that backing maneuvers necessary to access a
driveway, a parking stall, a loading door, a drive-through or any other area where vehicles
operate, take place wholly on the subject parcel of land.
41.
AGRICULTURE PREVAILS IN THE AGRICULTURAL DISTRICT
41.1
Where a residential Development Permit is issued in the Agricultural District, the applicant
shall be notified that the purpose of the Agricultural District is to provide landowners with
the right to farm and that all agricultural activities have precedence in the Agricultural
District.
42.
AIRPORT VICINITY OVERLAY DISTRICT
42.1
In making a decision on any development permit application on land that is located within
the airport noise contour map in the vicinity of the Town of Stettler and County of Stettler
No. 6 Airport, the Development Authority shall have regard for Schedule 'A', being the
Town and County of Stettler Airport Vicinity Overlay District.
43.
ANCILLARY BUILDING AND FARM BUILDING
General
43.1
A farm building is part of an Agricultural Operation (therefore it is not an Ancillary Building)
and is exempted from the requirement of a development permit, subject to Section 16.1.
Refer to the definitions of Agricultural Operation in Section 8 and Farm Building in Section
9.
43.2
An Ancillary Building may be attached to a principal building or it may be a structure that
is detached from the principal building. When an Ancillary Building is attached to a
principal building the setback requirements and other regulations that apply to the principal
building shall also apply to the Ancillary Building.
43.3
In a multi-lot subdivision or a hamlet a development permit for an Ancillary Building shall
not be issued and an Ancillary Building shall not be developed unless a development
permit for the principal building or principal use on that lot has been issued previously or
is being issued at the same time as the development permit for the Ancillary Building.
43.4
The Development Authority may approve one or more development permits for an
Ancillary Building on a parcel of land.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
A Detached Ancillary Building shall not be used for Living Accommodation without a valid
Development Permit
43.5
Subject to Section 43.6 a detached Ancillary Building shall not be used as a dwelling unit
as defined in Section 9 however, only if a Detached Dwelling exists on the same parcel of
land, portions or the whole of the detached Ancillary Building may be used as a guest unit
that contains bedroom(s) or recreational room(s) and/or sanitary facilities.
43.6
Notwithstanding Section 43.5 and subject to Section 82 and Section 43.14, a Secondary
Suite may be developed in a detached Ancillary Building in those Districts where
Secondary Suite is listed as a permitted or discretionary use, provided that the originally
intended use of the Ancillary Building is not compromised to the extent that it is
discontinued over more than 50% of its ground floor area; for example a secondary suite
may be developed in the loft space of a garage leaving 100% of the ground floor area to
be used as a garage, or it may be developed in a portion of the ground floor of a garage
leaving not less than 50% of the ground floor area to be used as a garage. The reason for
this regulation it to avoid a scenario where the Ancillary Building is developed as a second
Detached Dwelling which would be contrary to Section 69 of this Bylaw.
Exterior Finishing of and Additions to an Ancillary Building
43.7
The exterior finishing of an Ancillary Building on a site in a multi-lot subdivision shall be,
in the opinion of the Development Authority, similar to, and shall complement, the principal
building in exterior material, colour and appearance.
43.8
Decks, balconies, sunrooms and the like shall not be constructed as part of a detached
Ancillary Building, and if an Ancillary Building is attached to a Detached Dwelling additions
to the said Ancillary Building shall comply with the required setbacks for the principal
building in that district.
Height Restrictions
43.9
Subject to Section 23.7 the maximum height of a detached Ancillary Building is:
(a)
16.0 feet (4.88 meter) in the Country Residence, Country Residence Recreational
District, Country Residence Equestrian District, Hamlet Residential District, Resort
Residential District, Resort Residential - Communally Serviced District and Resort
Residential - Recreational District;
(b)
Notwithstanding Section 43.9(a) and the definition of height in Section 9, the
maximum height of an ancillary building in the Hamlet of Botha shall be 7.5 m (24.6
ft.) or the height of the principal building, whichever is less, and height shall be
measured to the highest peak of the roof; [1631-20]
(c)
25 feet (7.62 metres) in the Agricultural District and Country Residence Agricultural
District; and
(d)
in all other Districts, the maximum height of a detached Ancillary Building is the same
as that of the principal building, except if the District states otherwise; and further
(e)
notwithstanding Sections 43.9(a), (c) and (d):
(i)
where a detached Ancillary Building in a non-residential District is located on a
site which abuts a site in any residential District, the maximum height of the
detached Ancillary Building in the non-residential District shall not exceed the
maximum height permitted for a detached Ancillary Building in the abutting
residential district;
(ii)
the maximum height of a detached Ancillary Building that is ancillary to a
Recreational Vehicle or a Recreational Vehicle - Park Model Recreational Unit
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
shall not exceed the height of the Recreational Vehicle or Recreational Vehicle
- Park Model Recreational Unit located on the site; and
(iii)
when a secondary suite is located in the loft space of a detached Ancillary
Building pursuant to Section 43.6, the maximum height of the detached
Ancillary Building shall be 26 feet (7.92 meter) unless the District regulations
allow for a greater height, and further provided that the eaves or parapet does
not exceed 22 feet above the average grade.
Ground Floor Area Restrictions
43.10 On any parcel of land in the Agricultural District and the Country Residence Agricultural
District or any of the various residential and resort districts, including any residential
Districts:
a)
the maximum ground floor area of a permitted use Ancillary Building (residential)
- Standard Size is 1,500 ft² (139.35 m²) and
b) the maximum ground floor area of a discretionary use Ancillary Building
(residential) - Oversized is 3,000 ft² (278 m²) .
43.11 On any parcel of land in the Agricultural District the ground floor area of an Ancillary
Building (industrial or non-residential) is not restricted to a specific area and the size shall
be determined at the discretion of the Development Authority.
Setbacks
43.12 On a lot in a multi-lot subdivision, a detached Ancillary Building or any portion thereof shall
not be placed within the front yard (as defined in Section 9 of this Bylaw) of a parcel of
land, subject to Section 58.25 (also see Section 23.5).
43.13 Subject to Section 43.14, a Farm Building and an Ancillary Building shall be set back at
least 3.0 feet (0.91 meter) from the side and rear boundaries of the parcel of land, unless
it is:
(a)
attached to a principal building, in which case the side and rear yard setbacks of the
Ancillary Building shall be the same as those required for the principal building;
(b)
in the case of an Ancillary Building, a mutual garage erected on common property
line and the common wall is a firewall;
(c)
in the case of an Ancillary Building, a detached garage with its vehicle door facing
the alley in which case a rear yard setback of either 6.0 m (20 ft) or 0.5 m (1.6 ft) is
required; and further, in the event that a utility right-of-way or easement exists along
the rear property line, the minimum setback for the ancillary building is 0.5 m (1.6 ft)
from the utility right-of-way or easement;
(d)
an Ancillary Building on a corner parcel of land, in which case, subject to Section
58.31, it shall not be situated closer to the road than the minimum required setbacks
of the principal building;
(e)
a portable/moveable farm building on a parcel of land in the Agricultural District that
is bounded on all sides by a parcel that is located in the Agricultural District and
which is not part of a multi-lot subdivision, in which case the farm building may be
located on the property line.
43.14 The required side yard setback for an Ancillary Building
(a)
shall be increased by 1.0 m (3.28 ft) for each 3.05 m (10 ft) in Ancillary Building height
above the first 4.88 m (16 ft); and
(b)
that is not yet constructed and within which a Secondary Suite is proposed to be
developed shall be the same as the required side yard setback for a Detached Dwelling
in that District.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
43.15 Notwithstanding any setback regulation in Section 43.13 a Farm Building and an Ancillary
Building shall not be located on an easement or utility right-of-way.
43.16 A detached Farm Building or an Ancillary Building shall be located a minimum of 3.0 m
(10 ft) from a principal building on a lot.
44.
ATTACHING A DWELLING UNIT TO AN ANCILLARY BUILDING OR A FARM
BUILDING
44.1
Except in the case of an Ancillary Building that, in the opinion of the Development
Authority, is reasonably described as a typical garage for residential use, the Development
Officer shall refer to the Municipal Planning Commission for their consideration any
development permit application that proposes to encompass or attach a dwelling unit to
an Ancillary Building or to a Farm Building.
45.
BED AND BREAKFAST ESTABLISHMENT AND GUEST RANCH
45.1
A bed and breakfast establishment or a guest ranch is subordinate and ancillary to a
principal residential use.
45.2
The Development Authority may permit a bed and breakfast establishment or guest ranch
only if, in the opinion of the Development Authority, it complies with the following
regulations:
(a)
the privacy and enjoyment of adjacent residences shall be preserved and the
amenities of the neighbourhood maintained at all times;
(b)
interior or exterior alterations, additions or renovations to accommodate a bed and
breakfast or guest ranch may be allowed provided such alterations, additions or
renovations maintain the principal residential appearance or character of the
dwelling and comply with this Bylaw and any other County bylaws;
(c)
accessory dormitory structures such as cabins, tents or tipis may be permitted to
accommodate guests;
(d)
a bed and breakfast or guest ranch shall be operated only by the occupant(s) of the
principal or secondary dwelling and four (4) non-resident employees on site;
(e)
one on-site parking stall shall be provided for each guestroom that is being provided
for compensation; and
(f)
a bed and breakfast or guest ranch shall meet the signage requirements of this
bylaw.
46.
BOARDING HOUSE
46.1
A boarding facility may only be permitted in a single detached dwelling.
46.2
One on-site parking stall shall be provided for each bedroom provided for compensation.
47.
BUILDING PERMIT MUST BE CONSISTENT WITH DEVELOPMENT PERMIT
47.1
When (and only when) any person applies to the provincial Safety Codes Council, through
an accredited agency, for a Building Permit under the Safety Codes Act in respect of
constructing a building on a property pursuant to a Development Permit previously issued
by the County, the applicant for the Building Permit must provide to the County a copy of
the Building Permit application submitted to the Safety Codes Council or other accredited
agency, including application form, floor plan and site plan, and a copy of the Building
Permit immediately upon being issued by the Safety Codes Council or other accredited
agency, including the issued Building Permit, the floor plan and the site plan.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
47.2
The requirement to provide the information required in Section 47.1 shall be added as a
condition to every Development Permit issued by the Development Authority.
47.3
Failure to provide the information required in Section 47.1 constitutes a contravention
under Section 36 and the Development Authority may issue a Stop Order.
47.4
The purpose of Section 47 is to provide the County with an opportunity to verify
consistency between the Building Permit submitted to/issued by the Safety Codes Council
and the Development Permit issued by the County in matters that include but are not
limited to the following: the use for which the Development Permit was issued, compliance
with conditions attached to the Development Permit, compliance with regulations and
standards contained in the applicable land use district such as minimum or maximum floor
area of a building, maximum building height, and rear, front and side yard setbacks, and
compliance with any variance to regulations approved by the Development Authority.
47.5
Nothing stated in Section 24.1 (v) or Section 47 must be interpreted as an attempt by the
County to enforce the Safety Codes Act.
48.
CANNABIS RETAIL SALES AND CANNABIS PRODUCTION
48.1
Notwithstanding any other provision in this Land Use Bylaw, the following regulations
apply to all Cannabis Retail Sales and the production of Cannabis:
(a)
Where any definition, regulation, standard or anything else in this Land Use Bylaw
includes or authorizes the sale of any retail or wholesale product including food and
beverages, such sale shall be deemed to exclude Cannabis Retail Sales;
(b)
Cannabis Retail Sales shall be a prohibited use in any Land Use District where
Cannabis Retail Sales is not expressly listed as a discretionary use;
(c)
Cannabis Retail Sales shall not be co-located with any business premises other than
that which is intended expressly and solely for the sale of cannabis and cannabis
accessories. A cannabis store can occur as a stand-alone use with its own dedicated
separate entrance in a multi-tenant building or as part of a mixed-use development;
(d)
All functions of a Cannabis Retail Sales use shall be fully enclosed within the
building;
(e)
No Outdoor Storage shall be allowed on the site;
(f)
All garbage containers, waste material and loading facilities shall be fully enclosed
within the building;
(g)
The use shall not emit any odour or other substance which is harmful or injurious to
health or physical well-being;
(h)
The use shall not emit nuisances including, but not limited to, odour, noise and light,
that may have a negative impact to adjacent sites or the surrounding area;
(i)
Products in the store shall not be visible from outside the premise;
(j)
Drive-through windows are prohibited;
(k)
The business name is to be prominently displayed in signage at all public access
points of the Cannabis Retail Sales use;
(l)
Hours of operation for Cannabis Retail Sales shall be limited to between 10:00 a.m.
and 10:00 p.m. only;
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(m) The following separation distances, measured in a straight line from the closest point
to/from the following specified uses shall be met, regardless of which use is
approved first:
(i)
400 metres from the occupied floor area of one Cannabis Retail Sales use to
the occupied floor area of another Cannabis Retail Sales use;
(ii)
400 metres from the property boundary of all schools (as defined in the
School Act), training facilities and other educational premises to the occupied
floor area of a Cannabis Retail Sales;
(iii)
400 metres from the occupied floor area of a Day Care Facility to the
occupied floor area of a Cannabis Retail Sales use;
(iv)
400 metres from the property boundary of a recreation facility, a playground,
a community centre, a church or a public park, to the occupied floor area of a
Cannabis Retail Sales.
48.2
The production of cannabis is included in the land use definitions of "Manufacturing,
Processing or Assembly Facility" and "Value Added Agricultural Industry" however, where
a facility or industry produces cannabis, the sale of cannabis from that facility or industry
is prohibited and the operator of the facility or industry would be required to obtain a
separate development permit for "Cannabis Retail Sales", provided the Land Use District
in which the subject property is located, included that use.
48.3
In addition to the requirements of this Bylaw, a person who obtains a Development Permit
for Cannabis Retail Sales or for cannabis production is required to comply with all federal,
provincial and other municipal legislation. The issuance of a Development Permit for
Cannabis Retail Sales or for cannabis production indicates only that the development to
which the Development Permit relates is authorized in accordance with the provisions of
this Land Use Bylaw respecting land use and development standards, including those
respecting the location of premises described in a cannabis license and distances
between those premises and other premises. The issuance of a Development Permit for
Cannabis Retail Sales or for cannabis production does not in any way relieve or excuse
the Development Permit holder from obtaining and complying with any other permit
(including safety codes permits e.g. building, electrical, gas, plumbing, etc.), license, or
other authorization required by any Federal or Provincial Act or regulation, or under any
Bylaw of the County, or complying with the conditions of any easement, covenant,
agreement, or other instrument affecting the building or land. It remains the Development
Permit holder's responsibility to ensure compliance with such other legislation, including
the provincial and federal legislation regarding Cannabis. The Development Authority
does not administer or enforce such other legislation.
49.
CANVAS COVERED STRUCTURE
49.1
Notwithstanding the provisions of any land use district the development of a canvas
covered structure as either a principal building or an ancillary building on any parcel of
land adjacent to or within a multi-lot subdivision, a hamlet, a village or a town shall be a
discretionary use and the Municipal Planning Commission, in its sole discretion, may
approve a development permit application for a canvas covered structure on a temporary
basis pursuant to Section 25.
50.
CHANGE OF USE OR INTENSITY OF USE
50.1
A development permit is required where the following occurs:
(a)
a change of use of land or of an existing building or an act done in relation to land or
to an existing building that results in or is likely to result in a change in the use of the
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
land or the existing building, or
(b)
a change in the intensity of use of land or of an existing building or an act done in
relation to land or to an existing building that results in or is likely to result in a change
in the intensity of use of the land or the existing building.
51.
COMMERCIAL AND INDUSTRIAL DESIGN GUIDELINES
51.1
In making a decision on any commercial or industrial type development permit application
in any land use district that allows these types of developments on land that is designated
as a County growth area in the County of Stettler No. 6 and Town of Stettler Inter-municipal
Development Plan, the Development Authority shall have regard for Schedule 'B', being
the Gateway Commercial and Industrial Design Guidelines.
52.
COMMUNICATION ANTENNA AND STRUCTURE
Note: Industry Canada is responsible for regulating
radio communications in Canada and for authorizing
the location of radio communication facilities, including
communication antennas and structures. In making its
decision
regarding
a
proposed
communication
antenna and structure and related facilities, Industry
Canada may consider the following:
(a)
the input provided by the land-use authority;
(b)
compliance with Transport Canada's painting
and lighting requirements for aeronautical safety;
(c)
Health Canada's safety guidelines respecting
limits of exposure to radio frequency fields; and,
(d)
an environmental assessment may be required in order to comply with the Canadian
Environmental Assessment Act.
The participation or otherwise of the County in the consultation process does not transfer any
federal decision-making authority, nor does it confer a right of veto in the location of the radio
communication facility.
52.1
Pursuant to Section 16.1(s) a development permit for a communication antenna and
structure is required only when it exceeds 9.14 m (30 ft) in height from finished grade.
52.2
An application for a development permit for a communication antenna and structure shall
include a co-location assessment pursuant to Section 52.3, a site plan drawn to scale and
identifying the site boundary, the tower, the location of guy wire anchors, existing and
proposed structures, vehicular parking and access, existing vegetation to be retained,
removed, or replaced, and uses and structures on the site and abutting properties.
52.3
Unless demonstrated to be impractical, a communication antenna shall be mounted on an
existing structure (including a building or a tower) or within a transportation or utility
corridor. An application for a new tower must include an assessment of other towers in
operation/constructed or of other tower sites for which a development permit have been
issued within a five mile radius of the subject site. The assessment must demonstrate to
the satisfaction of the Development Authority that co-location of the proposed
Communication Antenna on any existing tower or structure is not a viable alternative to a
new structure (due to, for example, site line issues).
52.4
Subject to Section 52.5, the tower base shall be set back from the property lines by a
distance of 20 percent of the tower height or the distance between the tower base and guy
wire anchors, whichever is greater.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
52.5
Guy wire anchors shall be set back at least 1.0 m (3 ft) from the side and rear property
lines and shall follow the front yard setback requirements of Section 58.25.
52.6
Any equipment or maintenance shelter must meet the yard setback requirements for an
Ancillary Building in the district in which the parcel is located.
52.7
A Communication Antenna and Structure must have the least practical adverse visual
effect on the environment. This may be accomplished by using landscaping, fencing or
tower design, including the imitation of natural features such as a tree.
52.8
The Communication Antenna and Structure shall be fenced with suitable protective anti-
climb fencing to the satisfaction of the Development Authority.
52.9
The Communication Antenna and Structure shall not be illuminated unless required by
Transport Canada regulations, and except for a manufacturer's logo, shall not exhibit or
display any advertising.
52.10 A communication antenna and structure intended for amateur radio shall be located on
the same site as the intended signal user.
Note: The County encourages applicants to consult with residents adjacent to the application site prior to
making an application for a development permit. Upon a decision made by the Development Authority to
approve a development permit application for a communication antenna or structure the County will notify
the occupants of all dwelling units within one mile of the site and provide them an opportunity to appeal it.
53.
COMPLIANCE WITH OTHER LEGISLATION
53.1
The issuing of a Development Permit in any Land Use District shall indicate that the
development to which the Development Permit relates is authorized only in accordance
with the provisions of this Bylaw and shall in no way affect the duty or obligation of a
person:
(a)
to obtain any other permit, license, or other authorization required by any federal or
provincial Act or Regulation of any other jurisdiction or by any other Bylaw of the
County; or
(b)
to comply with the conditions of any easement, restrictive covenant, caveat,
agreement or other instrument affecting the building or land.
54.
CONCERT SITE (SPECIAL EVENT)
54.1
Concert Site is listed as a discretionary use in specific land use districts and a development
permit for a concert site or special event site may only be issued by the Development
Authority subject to Bylaw 806-92.
55.
CONTRACTOR'S BUSINESS - HOME BASED OR NOT HOME BASED
55.1
Where the Development Authority approves a development permit application for a
Contractor's Business - Home Based or Not Home Based, it shall require that the
development complies with the following regulations:
(a)
Home Based: when the site of the proposed Contractor's Business - Home Based
or Not Home Based is located within one mile from any existing residence that is
located either in the County or in an adjacent municipality:
(i)
the use shall only be allowed in conjunction with a habitable dwelling unit
located on the subject parcel that is maintained and occupied by the operator
of the Contractor's Business - Home Based for the lifetime of the business;
(ii)
the business shall not employ more than three persons who are not part of the
household living on the property; and
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(iii)
the development permit shall be issued for 'Contractor's Business - Home
Based' subject to the conditions listed above as well as those listed in Section
55.1(c), (d) and (e) below.
(b)
Not Home Based: when the site of the proposed Contractor's Business - Home
Based or Not Home Based is located one and a half miles or more away from any
existing residence that is located either in the County or in an adjacent municipality:
(i)
the use shall be allowed either in conjunction with a dwelling unit located on
the subject parcel or without such a dwelling unit, and
(ii)
the development permit shall be issued for 'Contractor's Business - Not Home
Based' subject to the conditions listed in Section 55.1(c), (d) and (e) below.
(c)
The business shall not create a nuisance beyond the property boundary by way of
dust, noise, vibration, odors, or smoke;
(d)
The outside storage of any materials, goods, or equipment shall be subject to the
approval of the Municipal Planning Commission; and
(e)
Any on-site retail sales shall be ancillary to the industrial or service aspect of the
business.
55.A Data Processing Centre
(i) The period of time for which a development permit for a Data Processing Centre is valid
shall be at the discretion of the Development Authority. Within the Agricultural
District (A), this period of time shall not exceed five (5) years.
(ii) The exterior finish of the building (s) shall be to the satisfaction of the Development
Authority.
(iii) Screening of the development in the form of landscaping, fencing or other suitable
screening materials may be required by the Development Authority.
(iv) A noise impact assessment may be required by the Development Authority. If
deemed necessary by the Development Authority, noise mitigation measures
including a noise monitoring system may be required as part of the conditions of
approval.
(v) A Data Processing Centre operating in conjunction with an onsite power generation
facility (plant) shall provide written notice from the Alberta Utilities Commission
(AUC) that the power generation facility meets all AUC requirements. If the facility
is deemed exempt from AUC regulations, a written letter of confirmation from AUC
indicating that the facility is exempt must be provided by the applicant at the time
the application is made.
(vi) A Data Processing Centre operating in conjunction with an onsite power generation
facility (plant) shall be setback a minimum distance of 1,200 m from the exterior
wall of any existing dwelling unit(s).
(vii) Notwithstanding the above, the setback distance may be reduced if a noise impact
assessment and/or noise mitigation plan and/or the design of the development is
deemed sufficient to mitigate the impact of noise on other lands and uses in
proximity to the development to the satisfaction of the Development Authority.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(viii) A mitigation plan shall be provided at the time of development permit application
addressing any potential nuisance factors including excessive noise, odour, traffic,
dust, emissions, heat and other impacts to the satisfaction of the Development
Authority.
56.
DECK
56.1
A deck:
(a)
if it is a ground level deck, may be located next to a side or rear property line and
may encroach up to 6 feet (1.83 metres) into a required front yard as defined in
Section 9 of this Land Use Bylaw;
(b)
if it is a raised deck, shall be located a minimum of 3.0 m (10 ft) from a side or rear
property line and shall not encroach into a required front yard as defined in Section
9 of this Land Use Bylaw;
(c)
whether it is a ground level deck or a raised deck, must be located at least 3.0 m (10
ft) from the side property line on the street side of a corner lot; and
(d)
pursuant to Sections 58.28, 58.29 and 58.30, shall not be located within the corner
visibility triangle.
56.2
When a deck is proposed to become covered or enclosed, it shall be considered an
addition to the principal building, its floor area shall be included in the calculation of floor
area and site coverage, it shall be required to meet the setback requirements for the
principal building, and it shall be subject to a development permit application.
56.3
Notwithstanding Section 56.1, in the Hamlet of Botha decks may extend or project into
any minimum required yard provided that the projection does not exceed;
(a)
one half of the minimum required side yard, unless the side yard provides access to
a detached garage or carport in a rear yard in which case no projection is allowed
into the minimum required yard,
(b)
1.5 m (4.9 ft.) over the minimum front yard, and
(c)
3.0m (9.8 ft.) over the minimum rear yard. [1631-20]
57.
DEMOLITION OF BUILDINGS AND STRUCTURES
57.1
An existing building or structure that is assessed by the County for tax purposes shall not
be demolished or moved off of a property without approval from the County, subject to
Section 16.1(n). Debris from a demolished structure(s) shall be disposed at a licensed
landfill site only.
58.
DEVELOPMENT SETBACKS, BUFFERING AND COMPATIBLE DEVELOPMENT
Yard Setbacks
58.1
Minimum setback requirements from property lines or center of roads for front, rear and
side yards are provided in each land use district in Part Seven of this bylaw.
Municipal Reserve and Environmental Reserve
58.2
Private development or private use (including group use) of municipal reserve and/or
environmental reserve is strictly prohibited, unless prior approval is obtained from the
Development Authority, which may require the closure of the reserve by bylaw of Council
and a `save harmless agreement` or license of occupation to relieve the County of any
liability. Private development and private use includes any alterations (e.g. clearing of
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
vegetation) and any structures (e.g. the placing of a fire pit, a boat lift, a shed).
Existing Rural Residential Development
58.3
An area structure plan or outline plan, rezoning, subdivision or development permit
application for proposed development on land that is adjacent to existing rural, country or
resort residential development shall be designed to be compatible to the existing rural,
country or resort residential development by matching the lot size, lot dimensions,
development density and character of the existing residential development for at least one
row of new lots.
Agricultural Fringe
58.4
Non-agricultural land uses on the fringe (i.e. within 300 metres) of the Agricultural District
shall, to the satisfaction of the Development Authority, respect and not be allowed to limit
the activities associated with any existing or new agricultural operation within the
Agricultural District, including but not limited to its hours of operation, noises, odours and
traffic movements. Subject to Section 58.5, any fringe development of non-agricultural
uses shall demonstrate, to the satisfaction of the Development Authority, design measures
that will be implemented to comply with this regulation. Examples of design measures
include:
(a)
buffering on the development-side along the edge of the Agricultural District through
spatial separation, retention of existing and/or planting of new vegetation and
installation of fencing, subject to the following:
(i)
spatial separation must be a minimum of 30 metres wide;
(ii)
the vegetative buffer must be a minimum of 15 metres wide within the minimum
30 metres spatial setback;
(iii)
the vegetative buffer must
consist
of
mixed
deciduous/coniferous species
with foliage from base to
crown, the crown density being
not less than 50% and not
more than 75% to allow air
circulation;
(iv) at maturity the vegetation must
reach a minimum height of 6
metres and must not be closer
than
2
metres
to
the
Agricultural District to allow for
improved functioning in the
Agricultural District;
(v)
fencing must be of a type that
is
appropriate
to
prevent
trespassing, litter and crop
damage;
and/or
(b)
the placing of compatible land uses
along the edge of the Agricultural
District; and/or
(c)
the
clustering
of
buildings
to
maximize buffering effect; and/or
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(d)
densities; and/or
(e)
road patterns; and/or
(f)
backing lots onto the Agricultural District; and/or
(g)
agricultural awareness signage; and/or
(h)
consideration of prevailing wind direction relative to noise, dust chemical spraying
and light; and/or
(i)
consideration of land forms and natural drainage relative to storm water
management and erosion and sediment control; and/or
(j)
retention of permeable surfaces upland of the Agricultural District to reduce/avoid
soil accelerated erosion, siltation and sedimentation, and flooding.
58.5
The design measures to be employed shall include consideration of the maintenance
thereof to ensure its full effect over the long term.
1:100 Year Floodplain
58.6
No permanent structures are permitted within the definable 1:100 year floodplain of any
river, stream or other water body, unless the applicant demonstrates to the satisfaction of
the Development Authority that proper flood proofing techniques (preventative
engineering and construction methods) recommended by a qualified professional are
applied as part of a development permit application.
58.7
Pursuant to Section 58.6, the Development Authority may require that the applicant for the
development permit post a security deposit to the County to ensure that development is
carried out in conformity with the approved engineering and construction measures to
make the site suitable for the specific development, and the Development Authority may
require the applicant for the specific development permit to enter into a save harmless
agreement with the County, relieving the County of responsibility for any damage or loss
caused through flooding or subsidence, and the County may register a restrictive covenant
on the title of the property to ensure that the agreement remains in place.
Riparian Zone
58.8
On any parcel of land where environmental reserve adjacent to the bed and shore of a
water body to which the Crown claims ownership and/or which the County deems to
present existing or future potential as a public amenity has not previously been dedicated,
a minimum building setback of 30 metre (100 feet) is required, measured from the bed
and shore of the water body or from an associated water management right-of-way to the
proposed building, subject to the discretion of the Development Authority. The purpose of
this building setback is to protect the water body and its associated riparian zones as well
as the existing and future public access and amenity potential of the water body,
regardless of size. Variations in the width of the 30 metre building setback may be
accepted based on the recommendations of a qualified professional. As well, a building
setback of a lesser width may be considered for minor water features such as unnamed
creeks or sloughs.
58.9
If the width of a riparian zone continues beyond the 30 metre building setback or beyond
an existing environmental reserve adjacent to the bed and shore of a water body to which
the Crown claims ownership and/or which the County deems to present existing or future
potential as a public amenity, development that may result in any of the following
conditions are not permitted within the remaining width of the riparian zone:
(a)
excessive removal or tree cover and natural vegetation;
(b)
restricted public access to the water unless safety factors require this;
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(c)
deterioration of the water quality or a hindrance of the flow of water;
(d)
adverse effects on the recreation potential of an area;
(e)
adverse effects on fish and wildlife habitat;
(f)
adverse affects on the riparian zones associated with a water body; or
(g)
adverse effects on the natural amenity or visual quality of an area.
58.10 No vegetation shall be cleared within 30 m (100 ft) of any water body or water course
where the removal could have a negative impact on the water body or water course,
except if it is done for the purpose of an extensive agricultural operation, public safety or
for public road construction.
Public Safety and Nuisance
58.11 The Development Authority may require the setback, buffering and/or screening of a road
or a railway corridor or a waste management facility or of any other development that, in
the opinion of the Development Authority, has the potential to be reasonably considered
a nuisance or of a noxious nature or to be susceptible to adverse impacts from nuisances
or noxious land uses as a means to enhance public safety or convenience or to mitigate
noise or other annoyances.
58.12 Any new industrial or commercial development or any other development that is deemed
by the Development Authority to be a nuisance or of a noxious nature must be located at
a distance acceptable to the County from the nearest residence or place of public
assembly, unless mitigating measures will be implemented to reduce adverse impacts on
such uses.
58.13 A development permit for a use that is deemed by the Development Authority to be
incompatible with proposed or existing commercial or industrial development may not be
issued and will be directed to a location that does not encroach upon those commercial or
industrial developments.
58.14 No subdivision or development will be allowed within the setback distances from a sour
gas facility, a gas or oil well, a wastewater treatment facility, a landfill, a hazardous waste
management facility or a waste storage site as prescribed in the Subdivision and
Development Regulation (Alberta Regulation 43/2002) as amended from time to time,
unless the applicant demonstrates to the satisfaction of the Subdivision Authority or the
Development Authority with a report from a qualified professional that a lesser setback is
warranted, and either the Energy Resources Conservation Board gives its approval in
writing to a lesser setback or the Deputy Minister of Environment provides written consent
to the Development Authority or the Subdivision Authority to vary the applicable setback.
58.15 The Development Authority shall not approve a development permit for a new building
larger than 47 m² (506 ft²) or for an addition to an existing building that will, as a result of
the addition, become larger than 47 m² (506 ft²), affecting land on which an abandoned oil
or gas well may be present, that does not comply with the setback distances described in
ERCB Directive 079: Surface Development in Proximity to Abandoned Wells. The
Development Authority may approve an addition to an existing building as described
above that encroaches upon the setback distances of ERCB Directive 079 only if the well
licensee of record recommends and supports a lesser setback distance and provided the
development does not further encroach on the abandoned well. Refer to Section 17.3.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
58.16 The Subdivision Authority shall not approve a subdivision application affecting land on
which an abandoned oil or gas well may be present that does not comply with the setback
distances described in ERCB Directive 079: Surface Development in Proximity to
Abandoned Wells. An application for a boundary adjustment is exempted from this
restriction. Refer to Section 17.3.
58.17
No building or series of buildings that are located on the same parcel of land and that
individually or collectively cover a ground area of greater than 31 m2 (334 ft2) or have a
total floor area of greater than 31 m2 (334 ft2) shall be permitted within 30 m (100 ft) of
the crest or toe of any slope that exceeds 15% and has a height greater than 3 m (9.8
ft).
58.17A The 30 m (100 ft) setback from the crest or toe of a slope that exceeds 15% and has a
height greater than 3 m (9.8 ft) described in Section 58.17 may be increased where
deemed necessary by the Development Authority by a distance deemed necessary by
the Development Authority. The decision to increase the setback shall include
consideration of known issues of slope instability, the presence of a water body or water
course at or close to the slope, and the recommendations from any slope stability
evaluation or assessment that has been completed for the slope involved in the
development application.
58.17B The 30 m (100 ft) setback from the crest or toe of a slope that exceeds 15% and has a
height greater than 3 m (9.8 ft) described in Section 58.17 may be decreased by the
Development Authority provided a slope stability assessment has been prepared by a
geotechnical engineer indicating that a sufficient factor of safety is present or can be
achieved with suitable site and foundation design and construction.
58.18
When the Development Authority determines that a slope stability assessment is
required, the Development Authority may require:
(a) a preliminary slope stability evaluation; and/or
(b) a slope stability assessment report.
58.18A
A preliminary slope stability evaluation intended to inform a decision to reduce or
increase the 30 m (100 ft) setback from the crest or toe of a slope that exceeds 15%
and has a height greater than 3 m (9.8 ft) described in Section 58.17 must indicate, in
the opinion of the geotechnical engineer preparing the evaluation, that:
(a) the site is suitable for the proposed development;
(b) the development would not be at risk from slope failure or contribute to slope failure
in the future; and
(c) further assessment is not required.
58.18B
A slope stability assessment report intended to inform a decision to reduce or increase
the 30 m (100 ft) setback from the crest or toe of a slope that exceeds 15% and has a
height greater than 3 m (9.8 ft) described in Section 58.17 must indicate, in the opinion
of the geotechnical engineer preparing the evaluation, that:
(a) the site is suitable for the proposed development;
(b) the development would not be at risk from slope failure or contribute to slope failure
in the future; and
(c) a factor of safety of 1.5 can be achieved through building setback, suitable design
and construction, or a combination of setback and appropriate construction as
proposed by the geotechnical engineer.
58.18C
Any preliminary slope stability evaluation or slope stability assessment report prepared
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
for the use of the Development Authority shall bear the seal, signature and valid permit
to practice of a professional engineer registered in the Province of Alberta and
recognized by the Association of Professional Engineers and Geoscientists of Alberta
as a geotechnical engineer.
58.18D
Notwithstanding that a proposed development conforms in all respects with this Bylaw,
including Section 58.17, where the application is for development on lands that are or
may be subject to subsidence, the Development Authority may require the applicant to
demonstrate, by means of an engineering report bearing the seal, signature and valid
permit to practice of a professional engineer registered in the Province of Alberta and
recognized by the Association of Professional Engineers and Geoscientists of Alberta
as a geotechnical engineer, that preventative engineering and construction measures
can be instituted to ensure suitability of the development for the site conditions.
58.18E
The Development Authority may require that the development site and buildings within
30 m (100 ft) of the crest or toe of any slope that exceeds 15% and has a height greater
than 3 m (9.8 ft) be designed by a professional engineer registered in the Province of
Alberta.
58.19 Development permit applications for any open, enclosed, attached or detached swimming
and wading pool, any water fountain and/or water sculpture, any water reservoirs and
water tanks, any ornamental ponds and lakes, and any water retaining excavation
structure or vessel that could alter sub-soil adhesion characteristics on sites abutting or
adjacent the crest of a slope that exceeds 15% and has a height greater than 3 m (9.8 ft)
shall be accompanied by a report prepared by a qualified, registered professional engineer
detailing the structural components of the proposal which will mitigate risks to slope
stability.
58.20 Pursuant to Sections 58.17 and 58.18 an applicant for a development permit may be
required to submit a slope stability assessment report completed by a qualified
professional.
58.21 No vegetation shall be cleared within 30 m (100 ft) of the crest or toe of a slope that is
greater than 15% where the removal could have a negative impact on slope stability,
except if it is done for the purpose of public safety or for public road construction.
58.22 The Development Authority may require that the applicant for the development permit post
a security deposit to the County to ensure that development is carried out in conformity
with any recommendations contained in an assessment report regarding engineering and
construction measures to make the site suitable for the specific development, and the
Development Authority may require the applicant for the specific development permit to
enter into a save harmless agreement with the County, relieving the County of
responsibility for any damage or loss caused through flooding or subsidence, and further,
the County may register a restrictive covenant on the title of the property to ensure that
the agreement remains in place.
Infrastructure
58.23 Development shall be set back from a railway corridor, an airport, or a regional utility or
energy utility such distance to ensure to the satisfaction of the Development Authority that
it does not interfere with the safe operation or future upgrading of this infrastructure.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Roads
58.24 Permission from Alberta Transportation is required for any development affecting land
within 1,000 feet (304.8 meter) of the right-of-way of a highway or within 0.5 mile (800
meter) of the intersection of two highways. See Section 17.2.
58.25 Unless otherwise stated in this Bylaw or otherwise approved by the Development
Authority, a shelterbelt and other vegetation, a building and/or structure on a slab or on
permanent foundations, a windbreak and a dugout shall be set back as follows:
(a)
From the boundary of a County road plan or County road allowance that forms part of a
hamlet or a multi-lot subdivision:
Shelterbelt/other vegetation: none
All buildings: refer to the front, side and rear yard
setbacks stated in each Land Use District
(b)
From the centerline of a County road plan or County road allowance outside of a hamlet or
multi-lot subdivision boundary:
Shelterbelt/other vegetation: 75 ft (22.9 m)
(Council directed to keep this regulation)
All buildings, including farm buildings (dugouts) and
ancillary buildings: 125 ft (38.1 m), except
moveable buildings and structures with a floor area
of 100 ft² maximum, which shall be set back the
distance from the centre line to the property
boundary plus one foot.
(c)
From a Highway:
Shelterbelt/other vegetation: contact Alberta
Transportation
All buildings, including farm buildings (dugouts) and
ancillary buildings: contact Alberta Transportation
58.26 Unless otherwise approved by the Development Authority, no vegetation, development or
access or egress to a County Township Road or Range Road shall be permitted where it
would be:
(d)
less than 152 m (500 ft) from an existing access or egress on the same side of the
road;
(e)
less than 152 m (500 ft) from a bridge; or
(f)
less than 152 m (500 ft) from an at-grade railway crossing.
58.27 Access points adjacent to blind curves or corners, hills, ridges, railway crossings, and any
other obstructions shall be positioned so as to provide a reasonable unobstructed view in
either direction of 500 feet (152.4 meter) on Highways or Secondary Roads and 350 feet
(106.7 meter) on a road not designated as a Secondary Road.
Corner Visibility Triangle
58.28 On a corner lot within any Hamlet or multi-lot subdivision no opaque fence, wall, shrub,
tree, hedge or any other structure more than 3.0 feet (0.91 meter) in height above the
centreline grades of the intersecting streets shall be permitted within the visibility triangular
area created by the two property lines that form the corner of the property and a straight
line connecting two points 20.0 feet (6.10 meter) back along the two property lines
measured from their intersection (illustrated in Sketch A below).
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Sketch A
58.29 On a corner lot outside of
any Hamlet or multi-lot
subdivision, but excluding Township Roads or Range Roads, which are subject to Section
58.30, no opaque fence, wall, shrub, tree, hedge or any other structure exceeding 3.0 feet
(0.91 m) in height above the centerline grades of the intersecting streets shall be permitted
within the visibility triangular area created by the two property lines that form the corner of
the property and a straight line connecting two points 66 feet (20 metres) back along the
two property lines measured from their intersection (illustrated in Sketch B below).
Sketch B
58.30 On a parcel of land located at the intersection of a Highway and/or a Township Road and/or
a Range Road, no access or egress or any development, such as a building, a structure,
an opaque fence, a wall or any vegetation, that exceeds 3.0 feet (0.91 m) in height above
the centerline grades of the intersecting streets shall be permitted within the visibility
triangular area created by the two property lines that form the corner of the property and
a straight line connecting two points, on County Roads 350 feet (106.7 meter) and on
highways 500 feet (152 meter), back along the two property lines measured from their
intersection (illustrated in the sketch below or on the next page).
No development
>1.0m in height
No development
>0.8m in height
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Setback for vegetation:
Contact AB Transportation
Highway or
Secondary Road
Highway or
Secondary Road
Setback for development:
Contact AB Transportation
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Minimum Driveway and/or Parking Pad Length
58.31 Notwithstanding any other setback standard stated in this Bylaw any building with a
driveway or parking pad in front of it onto which a vehicle may enter, shall be set back at
least 20.0 feet (6.1 meter) from the property line which it faces, except where the driveway
to a garage enters an alley, where Section 43.13(c) shall apply.
Aggregate Resources
58.32 Development shall be set back from existing or known non-renewable resource utilization
such distance to ensure to the satisfaction of the Development Authority that it does not
render such resources inaccessible or make extraction more dangerous or costly.
Sensitive Environmental Features and Regionally Significant Recreation Resources
58.33 Development shall be set back from a sensitive environmental feature or regionally
significant recreation resource as identified in any Statutory Plan such distance to ensure
to the satisfaction of the Development Authority that it:
(a)
is compatible with the natural characteristics of the area;
(b)
retains these characteristics to the greatest degree possible; and
(c)
does not cause undue stress to the environment.
58.34 In addition to the general requirements of Section 58.33, development shall be set back
from an Environmentally Significant Area as identified in Environmentally Significant Areas
of the Counties of Lacombe and Stettler (1988) (the 'Study') such distance to ensure to
the satisfaction of the Development Authority that it is managed in accordance with the
principles and considerations identified in that Study.
59.
EASEMENTS
59.1
Any building or structure shall be set back from an easement at least 0.5 m (1.6 ft).
59.2
Notwithstanding Section 59.1, a development permit shall not be issued for a development
that encroaches in or over a utility easement or right-of-way without the written consent of
the person whom the easement is registered to or the person whose utility line is located
in the easement.
60.
EXCAVATION, GRADING, ALTERING OVERLAND DRAINAGE AND WETLANDS,
SURFACE MINERAL EXTRACTION, CONSTRUCTION SITE PREPARATION AND
REMOVAL OF TOPSOIL
General
60.1
This Section deals with activities, excluding agricultural operations that do not require a
development permit, that may affect topsoil, natural overland drainage, the grading of a
site, groundwater or wetlands, that may include but are not limited to the following
activities:
(a)
constructing an artificial water body (e.g. a fish pond);
(b)
extracting sand, gravel and other surface minerals;
(c)
preparing a construction site prior to the issuance of a development permit or a
subdivision approval, including stockpiling, site grading and pre-loading; and
(d)
stripping topsoil.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Lot Grading, Stormwater Drainage and Wetlands including for the Purposes of All of
What Follows in this Section
60.2
Lots or parcels contained within a subdivision area for which an accepted stormwater
management plan and/or subdivision grading plan exist, must be constructed and
maintained according to the accepted plans. A landowner may not allow storm water runoff
to drain from their lot onto an adjacent lot under separate title except under the following
conditions:
(a)
A current and accepted storm water management plan and/or grading plan to the
satisfaction of the Development Authority is in place detailing the overland drainage
paths consistent with the proposed grading; and
(b) Notwithstanding regulations under the Water Act or other regulatory requirements, the
stormwater runoff follows natural overland drainage paths with a "Net Zero" impact on
adjacent parcels. This generally applies to existing development areas that have not
been subject to an overall grading and stormwater management plan or larger parcels
subject to small grading areas that achieve positive drainage away from buildings,
driveways or parking areas.
60.3
The Development Authority may require as a condition of a development permit that the
applicant submit a lot grading and drainage plan to the County for acceptance. Depending
on the circumstance, the submitted plans may require a topographic survey, stormwater
and grading design and confirmation of compliance post construction to said design
provided by an individual or corporate entity licensed to practice Engineering in Alberta.
60.4
Lot grading that is associated with a proposed development or with a multi-lot subdivision
shall conform to the grading plan accepted by the County.
60.5
If a person alters the approved lot drainage on a site so that overland stormwater drains
onto adjacent parcels in contravention of the accepted plans, that person and/or the
current landowner shall be responsible for corrective measures.
60.6
Any retaining wall over 0.91 m (3.0 ft) in height shall be designed and inspected to confirm
compliance of post construction to said design by an individual or corporate entity licensed
to practice Engineering in Alberta, at no cost to the County.
60.7
Notwithstanding regulations under the Water Act or other regulatory requirements or
permissions, a landowner may not detain or retain stormwater runoff or drain water from
naturally occurring wetlands without approval of the County and other regulatory bodies.
Generally, assessment, design and licensing of facilities that detain or retain stormwater
runoff or cause to drain natural wetlands require an engineered design that may include
stormwater analysis, grading design and wetland compensation measures along with
approvals under the Water Act and other statutory documents.
Extraction and Processing of Sand, Gravel and Other Surface Minerals
60.8
(1) In addition to the completed application form and the plans and information required
by Section 17 of this Bylaw, a development permit application for a Sand, Gravel, and
Surface Mineral Extraction use and/or a Sand, Gravel and Surface Mineral Processing
use shall include:
(a) a detailed, scalable map showing the location of the disturbance area and key
components such as excavation areas, stockpiles, infrastructure, signage, on-site
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
sales areas, access routes and on-site circulation routes, parking areas and loading
areas;
(b) a scalable drawing superimposed over a recent aerial photo of the site, with
indication of the date of the aerial photography, showing the boundaries of the
disturbance area and the parcel boundaries;
(c) the size of any existing disturbance area in hectares and the size of any proposed
expansion or new disturbance area in hectares;
(d) a description of the aggregate resource to be extracted and/or processed, the
estimated volume of the proposed extraction/processing, and the estimated life of the
project;
(e) the volume and area of each existing topsoil, subsoil, overburden, and aggregate
stockpile;
(f) a drawing showing the existing topography and drainage conditions indicating both
present and future contours above and below water level;
(g) cross-section scaled drawings of the disturbance area in at least two directions that
include:
(i)
slopes,
(ii)
topsoil depth,
(iii)
subsoil depth,
(iv)
overburden depth,
(v)
aggregate depth, and
(vi)
depth to groundwater;
(h) a description of the activities proposed to take place in the disturbance area that, at a
minimum, addresses the following:
(i)
wet pit excavation,
(ii)
concrete production,
(iii)
mixing of salt with aggregate,
(iv)
mixing of asphalt with aggregate,
(v)
spraying truck box liners with fluids containing hydrocarbons, and
(vi)
aggregate washing;
(i) a phasing diagram demonstrating the sequential plans for site development and
operation;
(j) line-of-sight data from the disturbance area to all residences within a minimum
distance of 400 m (1312 ft), or as otherwise determined by the Development Officer,
to assess the view of the disturbance area from each residence;
(k) expert reports on air quality and noise and the resultant impacts of the development
on existing residences within 400 m (1312 ft) of the disturbance area or as otherwise
determined by the Development Officer;
(l) an operating plan which shall include:
(i)
days of the week and hours of the day of operation;
(ii)
types and amount of equipment and vehicles to be used on-site;
(iii)
haul routes both on-site and off-site;
(iv)
a description of the conditions that would make the release of pit water
which, for clarity, is any water that accumulates in the pit, is extracted from
the pit, or is used at the pit but does not include domestic wastewater,
necessary, and the techniques that will be used to release pit water,
including a description of any discharge points from which pit water will be
released;
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(v)
plan to mitigate dust, noise, visual blight, light pollution, and offsite
contamination (tracking of mud on public roads, for example);
(vi)
a description of techniques that will be used to prevent wind and water
erosion, to limit the movement of dust from the disturbance area and to
manage weeds;
(vii)
screening, fencing, signage, and security plan;
(viii)
customer safety measures that will be implemented to facilitate the sale of
aggregate materials on-site if applicable; and
(ix)
a contact person or persons and their contact details, whom the County can
contact in regards to any issues arising from the development;
(m) a plan for the reclamation of the site, prepared by a qualified professional, which, at a
minimum, shall include:
(i)
a phasing diagram showing the phasing scheme for the reclamation
including the time frame when reclamation will be completed;
(ii)
a topographic map with a minimum contour index of 1.0 m, showing the
predicted contours and drainage of the site after completion of the
reclamation;
(iii)
the potential end land use and details relating to any land uses that may be
affected as a result of the project;
(iv)
details related to subsoil and topsoil replacement and compaction;
(v)
the re-vegetation to be used on the reclaimed site; and
(vi)
the estimated cost for reclamation, including the estimated costs for each
phase.
(2) The Development Officer may process an application without any or all of the
information required by Section 60.8(1) if, in the opinion of the Development Officer, a
decision can be properly made on the application without that information.
(3) If necessary, in the opinion of the Development Officer, the following assessments
and studies shall be provided:
(i)
an Environmental Impact Assessment;
(ii)
a Traffic Impact Assessment;
(iii)
a Wetland Assessment;
(iv)
an overview and assessment of the historical resources of the site or
written confirmation of a Historical Resources Act clearance;
(v)
written proof of approval by Alberta Environment and Protected Areas
including registration number if applicable;
(vi)
copies of any other information, details, or studies that were required by
other regulatory approval agencies with jurisdiction over an aggregate
extraction use; and
(vii)
any other additional information the Development Officer deems necessary
in order for the application to be considered complete.
(4) The Development Officer may refuse to accept an application for a development
permit as complete where the information required by Sections 60.8(1) and 60.8(3) has
not been supplied or, if in their opinion, the quality of the material supplied is inadequate
to properly evaluate the application.
60.9
All areas that are the subject of the development permit shall be kept in a clean and tidy
condition free of rubbish and non-aggregate debris.
60.10 For a development permit for a Sand, Gravel, and Surface Mineral Extraction use or a
Sand, Gravel, and Surface Mineral Processing use, the Development Authority may, in
addition to any other provisions of this Bylaw, impose a condition requiring a Road Use
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Agreement, to the satisfaction of the County.
60.11 In addition to development permit approval, a Sand, Gravel, and Surface Mineral
Extraction use that is 5.0 hectares or greater in size will require Provincial permits and
approvals. In this case, the Development Authority may, in addition to any other
provisions of this Bylaw, impose a development permit condition requiring:
(a) written proof of approval by Alberta Environment and Parks including the registration
number as issued by the Director of Alberta Environment and Parks to be supplied to
the Development Officer prior to the commencement of any activities or operations
associated with the authorized use and to maintain a valid registration number for the
lifetime of the development; and
(b) security in a form and amount acceptable to the Development Authority, in the
Development Authority's sole discretion, for the reclamation of the lands, or proof of
security provided to Alberta Environment and Protected Areas, or both, prior to the
commencement of any activities or operations associated with the authorized use.
Any security that is provided shall be reduced or released in the sole discretion of the
Development Authority.
60.12 A disturbed area shall be reclaimed to a land capability equivalent to the pre-disturbance
land capability (e.g. agricultural land) or a post-disturbance condition and land use (e.g.
conversion to wetland), to the satisfaction of the Development Authority.
60.13 For a Sand, Gravel and Surface Mineral Extraction use with a disturbance area less than
5.0 hectares in size, the Development Authority may, in addition to any other provisions
of this Bylaw, impose a development permit condition requiring
(a) that the disturbance area be reclaimed in accordance with the approved reclamation
plan; and
(b) that a security, in an amount and form acceptable to the Development Authority, be
provided.
Any security required pursuant to this section shall not be released until the reclamation
is complete in accordance with the reclamation plan approved pursuant to the
development permit.
60.14 For land within the Agricultural District or the Industrial District, a development permit
approving a Sand, Gravel, and Surface Mineral Extraction use shall expire five years
from the date the decision on the development permit application is made. Reclamation
of the disturbance area must be completed within one year from the expiry of the
development permit or as otherwise determined by the Development Authority in the
development permit.
60.15 For land within the Agricultural District or the Industrial District, a development permit
approving a Sand, Gravel, and Surface Mineral Processing use shall expire five years
from the date the decision on the development permit application is made. Reclamation
of the disturbance area must be completed within one year from the expiry of the
development permit or as otherwise determined by the Development Authority in the
development permit.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Construction Site Preparation
60.16 Excavation for the purpose of construction site preparation does not include the digging
of a building foundation or the installation of piling;
60.17 Excavation for the purpose of construction site preparation as part of a proposed
development or multi-lot subdivision on the same land, but prior to the issuance of a
development permit or a subdivision approval, does not itself require a development
permit, provided the following conditions are met:
(a)
The applicant must have a subdivision or development permit application for the
subject site submitted to the County for processing;
(b)
The applicant shall provide to the County the following information prior to
commencing site preparation:
(i)
The legal land location and the area of the site where excavation will take
place, including the location and approximate volume of topsoil stockpiles;
(ii)
The nature of the excavation that will be carried out;
(iii)
The existing site conditions, including location and type of vegetation;
(iv) A grading plan or storm water drainage plan prepared by an individual or
corporate entity licensed to practice Engineering in Alberta to the satisfaction
of the Development Authority, which could comprise a grading plan or storm
water drainage plan has been previously prepared as part of accepted
construction drawings where applicable.
(c)
Construction site preparation prior to the
issuance of a development permit or the
approval of a subdivision application is
undertaken at the applicant or landowner's
risk, with no guarantee that a development
permit or subdivision approval or any other
approvals will be granted for the project;
(d)
No excavation other than what was
identified in the development permit or
subdivision application shall be carried out.
Activity shall be limited to the lands identified for the excavation;
(e)
Any vegetation or natural features that are identified for preservation in an adopted
County plan, environmental inventory or other County document shall not be altered.
Such areas shall be identified on the site plans and a written plan prepared that
prescribes measures to be undertaken to protect the features to the satisfaction of
the development Authority;
(f)
Topsoil and subsoil must be stockpiled on the subject property in separate piles,
unless the applicant enters into an agreement with another landowner for stockpiling
on other lands;
(g)
Topsoil and subsoil stockpiles must be limited to the volume required for finishing
the grade of the site subsequent to construction completion;
(h)
It is the responsibility of the applicant to ensure the excavation meets all of the
requirements of the County Land Use Bylaw and other provincial and federal
requirements;
(i)
Any dust control measures must be carried out in conformance with the County's
dust abatement policies at no cost to the County;
(j)
The applicant is responsible for ensuring all development is outside active utility right
of ways;
(k)
Any contamination of the environment deemed by the Development Authority to be
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
a result of the applicant's excavation activities, either directly or indirectly, shall be
remediated at no cost to the County;
(l)
Failure to comply with the aforementioned conditions will be deemed a contravention
of this Bylaw.
Topsoil and Subsoil Removal including for the Purposes of All of the Above
60.18 Except as noted above, a Development Permit is required before the commencement or
continuation of the removal of topsoil and subsoil from any parcel of land, and such
Development Permit shall only be granted where it is shown to the satisfaction of the
Development Authority that the land will not be adversely affected by removal. The
Development Authority may refer any application for removal of topsoil and subsoil to the
Agricultural Service Board for comments.
60.19 Where, in the process of development, areas require leveling, filling or grading, the topsoil
shall be removed before work commences, and shall be stockpiled and replaced post
construction.
60.20 Where the proposed excavation is extensive and or ongoing, topsoil and subsoil stockpiles
will be used as part of the progressive reclamation of the site as outlined by the
reclamation plan accepted at the time of application.
60.21 All topsoil and subsoil stockpiles shall be seeded immediately after completion or within
one week of placement to reduce loss of topsoil and subsoil through wind erosion. All piles
shall be maintained free of noxious weeds. The applicant shall include a written plan
indicating seeding and weed control details.
60.22 Surplus topsoil and subsoil post construction shall be handled as may be required and/or
permitted under provincial legislation.
61
FENCING
61.1 Within a multi-lot subdivision and a hamlet fences shall complement the character and
quality of the principal building.
61.2
Fences on commercial and industrial property may be subject to the provisions of Section
51.
61.3
The maximum height of a fence as measured from grade shall be 1.83 m (6 ft) subject to
the specifications for corner lots pursuant to Sections 58.28, 58.29 and 58.30.
61.4
Notwithstanding Section 61.3 and subject to Section 23, the Development Authority may
approve a development permit with a variance to allow a higher fence or a fence with
barbed or other security features for public safety, security, privacy or buffering purposes.
62
GARDEN SUITE
62.1
A Garden Suite shall be allowed only in those Districts in which it is listed as a Permitted
or Discretionary Use.
62.2
A Garden Suite shall be situated so that the exterior walls are at least 8 feet (2.5 meter)
from other dwellings and any Ancillary Buildings on the parcel.
62.3
In any District where it is allowed a Garden Suite shall not be placed in the front yard of a
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
parcel.
62.4
A Garden Suite shall be situated so that the exterior walls are at least:
(a)
in a Hamlet Residential District:
(i)
5 feet (1.5 meter) from the side parcel boundary or, on a corner parcel, not
closer to the flanking street or avenue than the primary dwelling;
(ii)
5 feet (1.5 meter) from the rear parcel boundary when there is a blank wall
facing that boundary or 10 feet (3.0 meter) from the rear parcel boundary when
there is a window opening in the wall facing that boundary.
(b)
in any other District where it is allowed, in accordance with the minimum yard
requirements of the District to which the parcel is designated.
62.5
A Garden Suite shall not be more than 16 feet (4.88 meter) in height and shall not exceed
the height of the primary dwelling.
62.6
A Garden Suite shall not be more than 55 m² (591.8 ft²) in floor area and shall not exceed
the floor area of the primary dwelling.
62.7
A Garden Suite shall be placed on prepared cribbings or piers and shall be skirted within
thirty (30) days of its placement on the parcel.
62.8
A Garden Suite shall be serviced from the utilities servicing the primary dwelling and shall
not be serviced independently.
62.9
There shall not be more than one Garden Suite on any parcel and a Garden Suite shall
not be placed on any parcel which contains three (3) or more dwellings that are permanent.
62.10 The design and appearance of the Garden Suite shall be acceptable to the Development
Authority.
62.11 Prior to deciding upon an Application for a Development Permit for a Garden Suite, the
Development Authority shall notify, in writing, all adjacent landowners and such other
people it considers may be affected by the development, of the receipt of the Application
and provide them with an opportunity to comment thereon.
62.12 A Garden Suite shall be removed from a parcel within 60 days of:
(a)
the death or permanent departure of the occupants; or
(b)
the sale of the primary dwelling; or
(c)
the movement of the occupiers out of the primary dwelling.
63
HOME BUSINESS
63.1
A Home Business requires a discretionary use development permit that shall not be
approved unless the Home Business complies with the following regulations:
(a)
The Home Business is to be operated as a secondary use to the principal residential
use;
(b)
No persons other than permanent residents of the property shall be engaged in the
Home Business;
(c)
A Home Business shall not interfere with the rights of adjacent landowners to the
quiet and private enjoyment of their property and the Home Business shall not
adversely affect the amenities of the surrounding area;
(d)
A Home Business shall not produce nuisances such as noise, vibration, smoke, dust,
odour, glare, heat or electrical or radio disturbance, detectable beyond the property
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
boundary, or excessive traffic or anything dangerous or of an objectionable nature,
in the opinion of the Development Authority.
(e)
A Home Business shall not generate additional vehicle traffic that is uncharacteristic
of the neighbourhood;
(f)
Except
for
emergency
situations home business traffic
shall be restricted to:
(i)
Monday
to
Saturday
between the hours of 7:00
AM and 10:00 PM; and
(ii)
Sundays and Statutory
Holidays
between
the
hours of 10:00 AM to 6:00
PM;
(g)
Any
interior
or
exterior
alterations,
additions
or
renovations to accommodate a
Home
Business,
or
to
accommodate
some
other
residential function in the principal dwelling so that some of the existing space may
be used for the Home Business, may be allowed as long as such alterations,
additions, or renovations comply with this Bylaw and do not change the external
appearance of the dwelling unit or the residential character of the parcel of land;
(h)
A Home Business shall not occupy more than 30% of the gross floor area of the
principal dwelling plus the area of ancillary structures;
(i)
No display of products shall be allowed on the property; and further, the
Development Authority, if it deems appropriate, may allow materials, goods, or
equipment to be stored on the site provided the storage of such is contained entirely
within the dwelling unit or an Ancillary Building or otherwise screened to the
satisfaction of the Development Authority and does not present a fire or health
hazard;
(j)
In addition to the required number of residential parking spaces, a Home Business
shall provide one (1) additional parking space if the business involves customer visits
and a parking space for every approved commercial vehicle involved in the Home
Business.
Parking
spaces
shall be provided on-site. Any
permitted heavy vehicles shall
be parked indoors or outdoors
in a location that is not
generally visible from a public
road or adjacent property;
(k)
Only one commercial vehicle
shall be allowed in connection
with a Home Business. A
commercial vehicle to be
parked or maintained on the
property shall be subject to
the Development Authority's
approval in terms of size and
appearance;
(l)
A Home Business shall not
have
any
exterior
Home Business
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
advertisement sign greater than 4.0 ft² (0.37 m2) unless an Application for this
purpose has been approved and a Development Permit issued pursuant to Section
84 of this Bylaw; and
(m) A Home Business shall not adversely affect traffic safety.
63.2
All Home Businesses shall be in strict compliance with the provisions of this Bylaw and
the conditions imposed on a development permit. A development permit issued for a
Home Business may be revoked at any time if in the opinion of the Development Authority
the operator of a Home Business has violated any conditions of this Bylaw or the
Development Permit issued.
64
KENNEL
64.1
All buildings, cages and/or outdoor
exercise areas shall be to the
satisfaction
of
the
Development
Authority and shall comply with the
following regulations:
(a)
No building or outdoor exercise
area shall be located within 300
m (1000 ft) of any dwelling
located on an adjacent parcel;
(b)
Where applicable, all facilities,
including buildings and outdoor
exercise areas, shall be located
behind the principal building;
(c)
All facilities, including buildings and outdoor exercise areas, shall be screened from
any existing dwellings on an adjacent parcel;
(d)
All facilities shall be cleaned on a daily basis;
(e)
Exercise areas for animals shall be fenced to the satisfaction of the Development
Authority; and
(f)
No animals shall be allowed outdoors between the hours of 10:00 pm and 7:00 am.
64.2
A kennel shall not unduly interfere with the use and enjoyment of adjacent properties.
64.3
An application for a kennel that meets the regulations set forth in Sections 64.1 and 64.2
may be approved by the Development Officer.
65
LAND RECLAMATION
65.1
In addition to the completed application form and the plans and information required by
section 17 of this Bylaw, if a development permit application is for Land Reclamation, the
following plans and information are also required to be submitted as part of the
application:
A description of the project that includes, but is not limited to:
a) a detailed map showing the location of the "disturbance area" consisting of the
excavation and any associated works such as stockpiles, infrastructure and
parking and loading areas;
b) the size of the "disturbance area" in hectares;
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
An operating plan which shall include the proposed:
a) days of the week and hours of the day of operation;
b) types and amount of equipment and vehicles to be used on-site;
c) haul routes both on-site and off-site;
d) plans respecting pit water which, for clarity, is any water that accumulates in the
pit, is extracted from the pit, or is used at the pit but does not include domestic
wastewater;
e) plan to mitigate dust, noise, visual blight, light pollution, and offsite contamination
(tracking of mud on public roads, for example);
f) plan for weed, vegetation, and erosion management;
g) screening, fencing, signage, and security plan;
h) a contact person or persons and their contact details, whom the County can
contact in regards to any issues arising from the development;
A plan for the reclamation of the site, prepared by a qualified professional, which at a
minimum shall include:
a) a phasing diagram showing the phasing scheme for the reclamation including the
time frame when reclamation will be completed;
b) a topographic map with a minimum contour index of 1.0 m showing the predicted
contours and drainage of the site after completion of the reclamation;
c) the potential end land use and details relating to any land uses that may be
effected as a result of the project;
d) details related to the subsoil and topsoil replacement and compaction;
e) the re-vegetation to be used on the reclaimed site; and
f) the estimated cost for reclamation, including the estimated costs for each phase;
and
If necessary, in the opinion of the Development Authority, the following assessments and
studies shall also be provided:
-
an Environmental Impact Assessment;
-
a Traffic Impact Assessment;
-
a Wetland Assessment;
-
an overview and assessment of the historical resources of the site;
-
copies of any other information, details, or studies that were required by other
regulatory approval agencies with jurisdiction over the site;
-
stormwater management plan; and
-
any other additional information the Development Authority deems necessary in
order for the application to be considered complete.
65.2
A disturbed area must be reclaimed to a land capability equivalent to the pre-disturbance
land capability (e.g. agricultural land) or a post-disturbance condition and land use (e.g.
conversion to wetland), to the satisfaction of the Development Authority.
65.3
The Development Authority may, in addition to any other provisions of this Bylaw, impose
a condition requiring that the applicant must ensure compliance with the approved
operating plan and the approved reclamation plan to the satisfaction of the Development
Authority for the lifetime of the development.
65.4
The applicant shall keep the subject area in a clean and tidy condition free of rubbish and
debris.
65.5
The Development Authority may, in addition to any other provisions of this Bylaw, impose
a condition requiring an applicant to enter into a Haul Route Agreement, to the satisfaction
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
of the County.
65.6
The Development Authority may, in addition to any other provisions of this Bylaw, impose
a condition requiring that the applicant must provide security in a form and amount
acceptable to the Development Authority, in the Development Authority's sole discretion.
Any security required pursuant to this section shall not be released until the reclamation
is complete in accordance with the reclamation plan approved pursuant to the
development permit.
65.7
Notwithstanding Section 31.1, to allow for the establishment of vegetation, a development
permit issued for Land Reclamation shall expire five years from the date the development
permit is issued or as otherwise determined by the Development Authority.
65.8
The Applicant shall be solely responsible for all costs associated with the reclamation of
the lands.
65.9
The Applicant is responsible for ensuring all activities undertaken pursuant to Land
Reclamation are in accordance with all other applicable Provincial and Federal rules and
regulations.
65.10 Any vegetation or natural features that are identified for preservation in an adopted County
plan, environmental inventory or other County document shall not be altered. Such areas
shall be identified on the site plans and a written plan prepared that prescribe measures to
be undertaken to protect the features to the satisfaction of the Development Authority.
65.11 Any dust control measures must be carried out in conformance with the County's dust
abatement policies at no cost to the County.
65.12 Any contamination of the environment deemed by the Development Authority to be a result
of the applicants reclamation activities, either directly or indirectly, shall be the responsibility
of the applicant, at no cost to the County.
65.13 If and when the applicant, the landowner or their successor in title applies for a reclamation
certificate pursuant to regulations required by Alberta Environment and Parks in respect of
a development permit for Land Reclamation issued by the County of Stettler, that person
must submit a copy of the reclamation certificate application (including all applicable
documentation) and a copy of the reclamation certificate upon being issued by Alberta
Environment and Parks to the Development Authority to demonstrate compliance with the
development permit.
66
LANDSCAPING STANDARDS
General
66.1
The Development Authority may prohibit the removal or destruction of any vegetation
adjacent to an environmentally sensitive area.
66.2
The Development Authority may impose landscaping requirements on any development
permit application if, in its opinion, doing so would serve to improve the quality or com-
patibility of the development. Exempted from this requirement are a Detached Dwelling, a
Duplex, a Manufactured Home, an Ancillary Building that is less than 17.85 m² (192 ft²), a
Home Business or any other development that the Development Authority deems
appropriate, such as for example a development in the Agricultural District where existing
natural vegetation/landscaping is deemed by the Development Authority as sufficient.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
66.3
Where a development permit was issued for a use, building or development prior to this
Bylaw taking effect, such use, building or development shall be deemed conforming to the
Landscaping Regulations. The Development Authority may require that any subsequent
extension, enlargement or addition of uses, buildings or developments shall conform to
these regulations.
66.4
Pursuant to Section 66.2, if landscaping is required by the Development Authority, a
development permit application shall be accompanied by a landscaping plan completed
by a Landscape Architect or a person qualified and approved by the Development Officer
to perform such work. A development permit shall not be issued prior to the approval of
the required landscaping plan.
66.5
The landscaping plan shall, to the satisfaction of the Development Authority, include the
following:
(a)
name of the project and/or applicant;
(b)
name and/or endorsement stamp of the landscape architect or the County approved
landscape professional;
(c)
north arrow, plan scale and legal description/lot, block and plan number of the lot;
(d)
a site plan showing lot boundaries, lot dimensions and lot area measured in hectare
and/or acre, and the location of proposed landscaping and related landscaping
features (e.g. planting beds, boulders, etc.) in relation to all existing and proposed
buildings, signs, outdoor storage areas, parking areas, display areas, approaches,
driveways, fences, storm water utility areas, and utility rights-of-way;
(e)
location of existing vegetation that the applicant proposes to retain;
(f)
new plant materials shall be accurately scaled to mature size;
(g)
location of planting beds and identification of bedding material;
(h)
minimum site area required to be landscaped pursuant to the requirements of this
Section;
(i)
site area proposed to be landscaped, as well as the percentage of the lot area;
(j)
minimum number of trees and shrubs, in the required coniferous/deciduous ratio,
required to be provided pursuant to the requirements of this Section;
(k)
total number of trees and shrubs proposed to be provided, and the proposed
coniferous/deciduous ratio;
(l)
a list of proposed variances from the minimum requirements;
(m) plant material list identifying the species/type of trees or shrubs and their planted
size, as well as their typical mature size;
(n)
if landscaping is being proposed within a utility right-of-way the plan must be
endorsed by all utility companies that have access to the right-of-way, indicating their
approval of the proposed landscaping within the right-of-way;
(o)
any other relevant notes that identify site specific conditions;
(p)
all other physical features, existing or proposed; including berms, walls, fences,
outdoor furniture and decorative paving; and
(q)
a location plan showing the proposed development and landscaping relative to the
landscaping and improvements on adjacent properties and all adjacent road
allowances and municipal reserves;
and
In addition to the above, the landscaping plan should include the following:
(a)
photographs illustrating the proposed plant species; and
(b)
the rendering of landscape elevations as viewed from adjacent streets to illustrate
unique site features, e.g. screening effect relative to outdoor storage.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
66.6
Landscaping, including location, design, extent of plantings and other landscaping
treatments provided, shall be subject to approval of the Development Authority, taking into
consideration, in its sole discretion, the following criteria:
(a)
A minimum of 40 percent of the total landscaping required shall be placed within the
front yard of the property.
(b)
Notwithstanding any other standards in Section 65, where a lot has more than one
street, road or highway frontage, the Development Officer may require that the
required yards along all such frontages be landscaped to the satisfaction of the
Development Officer.
(c)
If any side of the property that faces a street, road or highway is to be fenced the
amount of landscaping that is to be provided outside of the fence shall be at the
discretion of the Development Authority. Such landscaping shall be provided within
the subject property, with the fence located inside the property boundary.
(d)
Landscaping must be clustered in planting beds to represent a natural arrangement
on the site. Each individual planting bed must contain an odd number of trees and
shrubs in approximately the required deciduous and coniferous mixture in a mulched
medium such as bark chips, rocks or similar materials. At a minimum a planting bed
shall contain three coniferous trees, two ornamental deciduous trees and a
complementary number of shrubs.
(e)
Landscaping is to be provided so as create a year-round colour effect and interest;
(f)
Landscaping provided for screening purposes shall comply with all other applicable
requirements of this Section, and shall include a minimum of two rows of trees evenly
placed at regular intervals and the two rows offset to achieve a screening effect to
the satisfaction of the Development Authority.
(g)
Landscaping as approved on the landscaping plan shall be maintained for the
duration of the development permit.
(h)
Landscaping shall include native and drought resistant plant materials and
landscaping design practices, for example hard landscaping like rock, mulch or shale
(but not as a substitute for plant materials except grass), and/or the use of storm
water run-off or grey water to irrigate landscaped areas.
(i)
The use of landscaping is required adjacent to large exterior building walls greater
than 3.0 m (10 ft) in height and 9.0 m (30 ft) in length that are visible from adjacent
public roads, other than lands in the Agricultural District, to minimize the perceived
mass of the building and to create visual interest.
(j)
Notwithstanding any regulation in this Section, landscaping shall include a mixture
of trees and shrubs to the satisfaction of the Development Authority.
(k)
As required by the Development Authority, all required yards and all open spaces on
the site, excluding driveways and service areas, shall be landscaped in accordance
with the approved landscaping plan.
(l)
As required by the Development Authority, any undeveloped portion of a site must
be graded, contoured and seeded, or left to recover to its natural condition.
(m) Landscaped islands shall be required within at-grade parking areas with a capacity
of twenty-five (25) or more vehicles. Landscaping islands shall be provided in such
an arrangement to provide visual relief and to break up large areas of parking into
smaller areas, to the satisfaction of the Development Authority. Landscaping islands
shall be landscaped in accordance with the landscaping standards set out in this
Bylaw.
(n)
The parking of vehicles, the outdoor display or sale of goods and outdoor storage
are prohibited on any portion of a site that has been approved for landscaping
(including the natural display of grass, plants or other landscaping features) unless
approved by the Development Authority.
(o)
Landscaping shall be completed in accordance with the provisions of this Bylaw and
the approved landscaping plan by the end of one full growing season in the year
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
following the year in which the permit was issued, unless otherwise stated in the
development permit.
(p)
On the advice of a Landscape Architect or Arborist, planting standards may be
altered to suit unique site topography or soils or micro-climatic conditions.
(q)
Where the landscaping plan proposes to retain natural vegetation, those shall be
incorporated into the landscaping plan as an integral part thereof.
(r)
Where the Development Authority requires that an area be naturalized or a natural
area be enhanced, a landscaping plan prepared by a Landscape Architect or a
person qualified to perform such work shall be submitted with the application for
development to the satisfaction of the Development Authority.
66.7
The owner of the property, or his/her successor or assignees, shall be responsible for
landscaping and proper maintenance. As a condition of a development permit, an
irrevocable letter of credit may be required, up to a value equal to the estimated cost of
the proposed landscaping/planting, to ensure that such landscaping/planting is carried out
with reasonable diligence. The conditions of the security being that:
(a)
if the landscaping is not completed in accordance with this Section, then the
municipality shall use the security to complete the approved landscape
development;
(b)
if the landscaping does not survive a two (2) year maintenance period, the applicant
must replace it to the satisfaction of the Development Officer or forfeit the portion of
the amount fixed equal to the cost of replacing the affected landscaping materials;
and
(c)
the letter of credit will be released when the landscaping and other improvements
have been completed to the satisfaction of the Development Authority and the two-
year maintenance period has expired.
Minimum Plant Sizes
66.8
Landscaping shall consist of the following minimum plant sizes:
(a)
deciduous trees - minimum calliper 60.0 millimetres measured 450.0 millimetres
from ground level;
(b)
coniferous trees - 2.5 m (8 ft) height;
(c)
deciduous shrubs - minimum #2 container class;
(d)
coniferous shrubs - minimum #2 container class.
Planting Density and Minimum Landscaping Area
Adjacent to a Highway, Multi-lot Subdivision, Hamlet, Village or Town
66.9
Subject to Sections 66.2 and 66.11 all development on lands located adjacent to or that
are visible from a highway and/or a County road (Township Road, Range Road or internal
subdivision road) within 500 m (1,650 ft) of a multi-lot subdivision, Hamlet, Village or Town
or within an identified commercial and/or industrial business park shall be subject to the
following Landscaping Standards, which shall be applied in conjunction with other
applicable provisions of this Bylaw, provided however that where the provisions of this
Section conflict with any other applicable provisions of this Bylaw, the more restrictive
provisions shall take precedence:
(a)
Minimum landscaping area:
(i)
On lots smaller than 1.0 ha (2.5 ac) a minimum of 15 percent, or as otherwise
required by the Development Authority, of the site area shall be landscaped.
For lots with multiple street frontages the area to be landscaped shall be to the
discretion of the Development Authority; and
(ii)
On lots larger than 1.0 ha (2.5 ac) a minimum of 80 percent, or as otherwise
required by the Development Officer, of the required front yard setback of the
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
site shall be landscaped. For lots with multiple street frontages the area to be
landscaped shall be to the discretion of the Development Officer.
(b)
Planting density:
(i)
One tree for every 40 m2 (430 ft2) of landscaped area at a proportion of
approximately 1:1 of deciduous and coniferous trees, provided that where new
tree plantings are otherwise required, existing trees that comply with Section
66.8 may be used if the earth under the normal spread of branches for the
species (measured as an equilateral triangle from the top of the tree) remains
undisturbed during construction and final grades are not significantly changed;
plus
(ii)
One shrub for every 20 m2 (215 ft2) of landscaped area at a proportion of
approximately 2:1 of deciduous and coniferous shrubs; plus
(iii)
One tree for each 25 m² (270 ft²) and one shrub for every 10 m² (108 ft²) of
required parking area islands. In no case shall there be less than one tree per
required parking area island;
(iv) Where the calculation of the required number of trees and shrubs results in
fractions of trees and shrubs, the values shall be round up to the next whole
number;
(c)
Minimum landscaping requirement:
(i)
Notwithstanding the above standards, the minimum landscaping requirement
is four (4) trees at the ratio of 1:1 deciduous and coniferous and six shrubs at
the ratio 2:1 deciduous and coniferous.
All other Areas
66.10 Subject to Sections 66.2, 66.11 and Section 80 all lands other than those described in
Section 66.9 shall be subject to the following Landscaping Standards, which shall be
applied in conjunction with other applicable provisions of this Bylaw, provided however,
that where the provisions of this Section conflict with any other applicable provisions of
this Bylaw, the following Landscaping Standards shall take precedence:
(a)
Minimum landscaping area:
(i)
On lots smaller than 1.0 ha (2.5 ac) a minimum of 10 percent, or as otherwise
required by the Development Authority, of the site area shall be landscaped;
(ii)
On lots larger than 1.0 ha (2.5 ac) a minimum of 60 percent, or as otherwise
required by the Development Authority, of the required front yard setback of
the site shall be landscaped.
(b)
Planting density:
(i)
One tree for every 50 m2 (540 ft2) of landscaped area at a proportion of
approximately 1:1 of deciduous and coniferous trees, provided that where new
tree plantings are otherwise required, existing trees that comply with Section
66.8 may be used if the earth under the normal spread of branches for the
species (measured as an equilateral triangle from the top of the tree) remains
undisturbed during construction and final grades are not significantly changed;
plus
(ii)
One shrub for every 60 m2 (625 ft2) of landscaped area at a proportion of
approximately 2:1 of deciduous and coniferous shrubs;
(iii)
One tree for each 25 m² (270 ft²) and one shrub for every 10 m² (108 ft²) of
required parking area islands. In no case shall there be less than one tree per
required parking area island;
(iv) Where the calculation of the required number of trees and shrubs results in
fractions of trees and shrubs, the values shall be round up to the next whole
number;
(c)
Minimum landscaping requirement:
(i)
Notwithstanding the above standards the minimum landscaping requirement is
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
four trees at the ratio of 1:1 deciduous and coniferous and six shrubs at the
ratio 2:1 deciduous and coniferous.
Redevelopment of Existing Non-compliant Developed Lots
66.11 Proposed redevelopment of an existing developed lot that does not and, in the opinion of
the Development Authority cannot meet the minimum landscaping area and planting
density requirements in Sections 66.9 or 66.10 due to unreasonable hardship, shall meet
the following requirements to the satisfaction of the Development Authority:
(a)
Minimum landscaping area:
(i)
50% of the requirements in Section 66.9(a) or Section 66.10(a) as may be
applicable.
(b)
Planting density:
(i)
66% of the requirements in Section 66.9(b) or Section 66.10(b) as may be
applicable.
(c)
Minimum landscaping requirement:
(i)
100% of the requirements in Section 66.9(c) and Section 66.10(c) as may be
applicable.
67
MANUFACTURED HOME
67.1
To assist in the review of the compatibility of a Manufactured Home with surrounding
development, and in addition to the requirements of Section 17.4 and pursuant to Section
17.5, a development permit application for a Manufactured Home that is older than ten
years at the date of the application for a development permit shall include:
(a)
recent color photographs of the building or structure showing all sides thereof; and
(b)
a statement of the age, size and structural condition of the building; and
(c)
a statement of any proposed improvements to the building, including a description
of the colour, texture and/or finish applied to exterior surfaces, and a description of
proposed landscaped areas;
and the Development Authority may seek the opinions, in writing, of adjacent property
owners.
67.2
Skirting of a Manufactured Home, including finishing, to the satisfaction of the
Development Authority, must be completed within thirty (30) days of the date a
manufactured home is placed on the site.
67.3
The appearance, design, and construction of any ancillary structures, such as patios,
porches, additions, and skirting, shall complement the design of the Manufactured Home.
67.4
Where a Development Permit application has been approved for a Manufactured Home,
any renovations or improvements required to ensure that the Manufactured Home
complies with this bylaw shall be listed as conditions of the development permit.
67.5
Notwithstanding Section 31.1, all renovations that are set out as conditions of the approval
of a development permit for a Manufactured Home shall be completed within one (1) year
of the issuance of the Development Permit.
67.6
The Development Authority may require the applicant to provide a security deposit of an
amount deemed sufficient to ensure completion of any renovations that are required
pursuant to Sections 67.4 and 67.5.
67.7
Where a development permit application is approved pursuant to Section 67, the
Development Authority may, as a condition of the development permit, require the
applicant to provide a security deposit for any maintenance, repairs or improvements
associated with the building relocation, or for the repair of damage to roads, sidewalks or
boulevards that may be caused by the transportation of the manufactured home to the
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
site.
67.8
When a Manufactured Home is placed on a lot on blocks or on its wheels, a development
permit that allows the structure to have a zero lot line side yard setback or to straddle the
side property line may be approved if the two parcels are in the same ownership.
68
MOVED-IN / RELOCATED BUILDING
68.1
Except as otherwise provided for in this Bylaw, no person shall relocate an existing
building or structure, or portion thereof, onto a site without first obtaining a development
permit for the moved-in building or structure. The moved-in building or structure shall
comply with the applicable land use district regulations.
68.2
To assist in the assessment of the compatibility of a moved-in building with surrounding
development, and in addition to the requirements of Section 17.4 and pursuant to Section
17.5, a development permit application for a relocated building shall include::
(a)
recent color photographs of the building or structure showing all sides thereof; and
(b)
a statement of the age, size and structural condition of the building; and
(c)
a statement of any proposed improvements to the building, including a description
of the colour, texture and/or finish applied to exterior surfaces, and a description of
proposed landscaped areas.
68.3
In considering an Application to relocate a building, the Development Authority may seek
the opinions, in writing, of adjacent property owners.
68.4
Where a Development Permit application has been approved for the relocation of a
building, any renovations or improvements required to ensure that the relocated building
or structure complies with this bylaw shall be listed as conditions of the development
permit.
68.5
Notwithstanding Section 31.1, all renovations that are set out as conditions of the approval
of a development permit for a relocated building shall be completed within one (1) year of
the issuance of the Development Permit.
68.6
The Development Authority may require the applicant to provide a security deposit of an
amount deemed sufficient to ensure completion of any renovations that are required
pursuant to Sections 68.4 and 68.5.
68.7
Where a development permit application is approved pursuant to Section 68.1, the
Development Authority may, as a condition of the development permit, require the
applicant to provide a security deposit for any maintenance, repairs or improvements
associated with the building relocation, or for the repair of damage to roads, sidewalks or
boulevards that may be caused by the relocation.
69
NUMBER OF DWELLING UNITS ON A PARCEL OF LAND
69.1
No person shall construct or place or cause to be constructed or placed more than one
dwelling unit on a parcel of land except where:
(a)
in the opinion of the Development Authority, either:
(i)
the additional dwelling unit(s) is contained in a building designed for, or divided
into, two or more dwelling units and is located in a land use district which
includes secondary suites, duplexes, multi-attached dwellings or multiple
family dwellings; or
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(ii)
the additional dwelling unit(s) is part of a 'Clustered Farm Dwellings and
Associated Uses' development in a District where this is listed as a use; or
(iii)
the additional dwelling(s) is a building as defined in the Condominium Property
Act that is the subject of an approved condominium plan registered with Alberta
Registries; or
(iv) the parcel of land is within a land use district in which a second or additional
Detached Dwelling or Manufactured Home is listed as a permitted or
discretionary use, and the proposed development complies with the provisions
of Section 69.2;
and
(b)
the Development Authority has issued a Development Permit for the use.
69.2
Pursuant to Section 69.1(a)(iv), the Development Authority may issue a Development
Permit to construct or place a Second Detached Dwelling or Manufactured Home or a
Third or Additional Detached Dwelling or Manufactured Home on a parcel of land as
follows:
(a)
in the Agricultural District, a permitted use development permit for a Second
Detached Dwelling or Manufactured Home if the parcel of land contains at least 80
acre (32.38 hectare);
(b)
in the Agricultural District, a discretionary use development permit for a Second
Detached Dwelling or Manufactured Home if the parcel of land contains less than
80 acre (32.38 hectare);
(c)
in the Agricultural District, a discretionary use development permit for a Third or
Additional Detached Dwelling or Manufactured Home, if the parcel of land contains
at least 80 acre (32.38 hectare) in the Country Residence Agricultural District, except
in a multi-lot subdivision, a discretionary use development permit for a Second
Detached Dwelling or Manufactured Home.
(d)
in all of the above, the second, third or additional Detached Dwelling or Manufactured
Home is located within and forms part of an existing yard site, which means that the
additional dwelling shares the same access and, where practical, the same water
supply system and/or sewage disposal system and/or other utilities as those used
and intended for the principal dwelling.
69.3
A second, third or additional Detached Dwelling or Manufactured Home that exists on a
parcel of land on the effective date of this Land Use Bylaw shall be handled as follows:
(a)
A second, third or additional Detached Dwelling or Manufactured Home in existence
on the date that this Bylaw becomes effective shall be grandfathered in; and
(b)
After the date that this Bylaw becomes effective a development permit must be
obtained in accordance with this Bylaw prior to the placing or construction of a
second, third or additional Detached Dwelling or Manufactured Home on a parcel of
land.
70
NUMBER OF PRINCIPAL AND ANCILLARY BUILDINGS AND USES ON A PARCEL OF
LAND
70.1
Except for those dwelling units that are contemplated in Section 69.1, the Development
Authority shall not approve more than one development permit application for a principal
building on a fee-simple or condominium parcel unless an overall site plan that provides
for one or more groups of buildings and addresses storm water management, pedestrian
and vehicle traffic movement and any other matters that the Development Authority deems
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
necessary, has been approved by the Development Authority.
70.2
The Development Authority shall not approve more than one development permit
application for a use of land or a building on a site if the same or a similar use or building
already exists on the site at any time, except if the removal of the existing use or building
is a condition of the development permit or if the use or building is an Ancillary Building or
for uses in a Lease Bay Building.
71
OBJECTS PROHIBITED OR RESTRICTED IN YARDS
71.1
Subject to Sections 71.2, 71.3 and 80, in all land use districts the outdoor storage of goods,
materials and equipment shall require a development permit unless the Development
Authority has deemed that the storage is integral to another use that has been approved
under a development permit or that does not require a development permit.
71.2
In all land use districts, no person shall keep or permit to be kept in any yard, as may be
specified below, any object or chattel which, in the opinion of the Development Authority:
(a)
is unsafe, unsightly or tends to adversely affect the amenities of the district. This
includes but is not limited to a partly or wholly dismantled, wrecked or
derelict/dilapidated motor vehicle, and any excavation, stockpiling or storage of
materials, explosives, flammable liquids, toxic chemicals, and diesel fuel and
gasoline products unless it is suitably housed or screened to the satisfaction of the
Development Authority.
(b)
constitutes the outdoor storage of construction materials and equipment without a
valid development permit for a proposed development that is to be constructed on
the land and, if such a development permit does exist, beyond the period which, in
the opinion of the Development Authority, is necessary for the completion of the
particular stage of construction work.
(c)
constitutes the outdoor storage of materials, products, equipment or machinery in
the required front yard of any district, unless required in any commercial district as
part of the sale, promotion or display of merchandise in the sole discretion of the
Development Authority, in which case such outdoor storage shall not impede
pedestrian or vehicular traffic. In the side and rear yard of any commercial district
and in any yard of all other districts, the outdoor storage of vehicles, equipment, or
products shall be screened from public view to the satisfaction of the Development
Authority.
(d)
constitutes the unsightly outdoor storage of more than two Recreational Vehicles,
boats or other watercraft, all-terrain vehicles, snowmobiles or utility trailers, or a
combination of any of these, in a side yard or a front yard that is visible from a public
road, except if it is part of a development permit that provides for the storage or sales
of such vehicles (also See Section 75).
71.3
In any residential Land Use District in a hamlet or a multi-lot subdivision a motor vehicle,
recreational vehicle, boat, all-terrain vehicle or utility trailer shall not be parked in a front
yard, except on a driveway or parking pad that has a prepared surface other than grass.
72
OUTDOOR LIGHTING
72.1
Commercial and industrial outdoor lighting standards and fixtures shall be of consistent
design and complement the architectural theme of the buildings located on the site.
72.2
Commercial and industrial outdoor lighting shall be located so that rays of light:
(a) are not directed at an adjacent site or skyward;
(b) do not adversely affect an adjacent site; and
(c) do not adversely affect traffic safety.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
73
PARKING AND LOADING STANDARDS
73.1
General Regulations
(a)
The requirements shall apply to all parking and loading facilities required by this
Bylaw. Notwithstanding the requirements of this part, specific rules that may be
contained in any land use district shall govern the parking and loading requirements
for that district.
(b)
If vehicles entering onto public roadways exceed 9.1 m (30 ft) in length the applicant
may be required to provide evidence, in the form of diagrams, to determine
appropriate entrance geometrics.
(c)
If a building which requires parking or loading spaces is to be erected, the owner of
the building shall provide the required parking or loading spaces in a finished
condition as required in this Bylaw, at or before the time of occupancy of the building.
(d)
In the event seasonal conditions prohibit the completion of lot surfacing, the lot shall
be compacted and maintained in a manner to allow emergency vehicle access and
all hard surfacing shall be completed prior to July 1 of the following year.
(e)
The applicant may be required to provide an irrevocable Letter of Credit or other
form of security acceptable to the Development Authority to guarantee completion
of the lot surfacing.
(f)
To ensure compliance, and if the Development Authority deems it appropriate, the
County may register a caveat under the Land Titles Act against the property being
developed. This caveat shall be discharged when the Development Authority
accepts the paving as complete.
(g)
Parking areas which are intended for public use shall only be used for the temporary
parking of motor vehicles and shall not be used for extended storage of motor
vehicles, and without restricting the generality of the foregoing, no person shall
permit a motor vehicle to be parked in a public parking area for a period in excess of
72 hours.
(h)
Parking areas and loading spaces shall be designed and located so as to minimize
any disruption to the continuity of the pedestrian system and adjacent public
roadways.
(i)
To facilitate the determination of parking and loading requirements, a parking and
loading assessment prepared to a professional standard acceptable to the
Development Authority may be required to document the parking and loading
demand and supply characteristics associated with a proposed development. The
Development Authority shall not be bound by any recommendations of such a
parking or loading assessment, but may consider such recommendations in
exercising discretion to establish the parking requirement for a specific development
or to allow a reduction of the minimum number of spaces specified in this Bylaw.
(j)
The Development Authority may refuse to grant a development permit to an
applicant not fully complying with parking or loading requirements.
73.2
Residential Uses
(a)
All residential parking stalls and loading spaces required by this Bylaw shall be
located on the same site as the use requiring them, subject to setback and yard
requirements.
(b)
The parking or loading stalls required for all residential uses shall be hard surfaced
as defined in this bylaw, except for single detached dwellings and duplexes in the A,
R1 and R2 Districts.
(c)
Parking or loading spaces for an apartment building shall not be located in the front
yard of a site or between the front of a building and the boundary of the street on
which the building faces unless otherwise approved by the Development Authority.
73.3
Non-residential Uses
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(a)
The parking or loading stalls required for all non-residential uses shall be hard
surfaced as defined in this bylaw, except for agricultural uses in the Agricultural
District, unless otherwise approved by the Development Authority.
(b)
The location of on-site parking or loading spaces on a school site shall be to the
satisfaction of the Development Authority. Senior high schools, colleges,
universities, commercial and trade schools, and other similar institutions shall
provide sufficient parking or loading spaces in respect of any gymnasium if it is open
to the public.
(c)
Non-residential parking or loading spaces shall not be located in the front yard of a
site or between the front of a building and the boundary of the street on which the
building faces unless otherwise approved by the Development Authority.
(d)
If a non-residential parking or loading area is located on a site immediately adjacent
to a Residential District, the parking or loading lot shall be designed as required for
residential uses.
73.4
Parking and Loading Requirements
(a)
This Section is subject to Sections 73.1, 73.2 and 73.3.
(b)
All parking spaces, loading spaces, maneuvering aisles and driveways shall be
surfaced and maintained to the satisfaction of the Development Authority.
(c)
All parking spaces, loading spaces, maneuvering aisles and driveways shall be
demarcated to the satisfaction of the Development Authority.
(d)
The parking or loading layout of all developments shall be designed, located and
constructed to meet the following standards to the satisfaction of the Development
Authority:
(i)
Each parking aisle shall have a curbed island at each end, measuring a
minimum of 1.0 m in width;
(ii)
Any residential and commercial parking lot containing more than 100 parking
spaces and in which a parking space intended for resident, visitor or customer
use is further than 50 metres from the entrance to any destination building on
the site, shall provide one or more pedestrian walkways of a minimum of 1.2 m
in width, oriented to ensure safe and efficient pedestrian traffic flow, and
incorporated into any adjoining trail system;
(iii)
Parking or loading lot design shall provide for adequate stacking and queuing
lanes for vehicles to ensure that traffic flow on-site and on public roads are not
adversely affected in any way;
(iv) The parking or loading lot must be accessible to and appropriate for types of
motor vehicles using it and the frequency of use; and
(v)
The parking or loading lot must be appropriately surfaced and drained as
required by the Development Authority.
73.5
Parking spaces shall be provided in accordance with the following minimum standards:
USE
MINIMUM PARKING SPACE REQUIREMENT
(a)
Residential
(i)
Multiple Family Dwellings
2 spaces per dwelling unit or 1.5 spaces per dwelling unit
where 5 or more dwelling units occur
(ii)
Garden Suites
1 space per suite
(iii)
All Other Residential Uses
2 spaces per dwelling unit
(b)
Office
2.5 spaces per 100 m2 (1,076 ft²) of gross floor area
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
USE
MINIMUM PARKING SPACE REQUIREMENT
(c)
Retail Store
3.4 stalls/100 m2 (1,076 ft2) GFA plus 1.0 stall/staff with a
minimum of two staff stalls
(d)
Hotel, Motel
1 space per guestroom plus 3 spaces for staff
(e)
Food and Beverage Service Facility
(i)
Lounge and Tavern
3 spaces per 10 m² (108 ft²) of seating area plus 3 spaces
for staff
(ii)
Family restaurant
2 spaces per 10 m² (108 ft²) of seating area plus 3 spaces
for staff
(iii)
Fast food restaurant
4 spaces per 10 m² (108 ft²) of seating area plus 3 spaces
for staff
(f)
Industrial
1 space per employee
(g)
Recreation Facility, Indoor
10 stalls/100 m2 (1,076 ft2) GFA
(h)
Place of Public Assembly (Hall,
Church)
5 stalls/100 m2 (1,076 ft2) of assembly area, which
number may include parking stalls which in the opinion of
the Development Officer are available, to the
congregation, on neighbouring commercial or industrial
sites
(i)
School
(i)
Elementary and Junior High
The greater of 1.15 stalls per staff or 1.0 stall per 5.0 m2
(54 ft2) of gymnasium area
(ii)
Senior High
0.5 stalls/student (design capacity) and 1.0 stall/staff and
1.0 stall/ 5.0 m2 (54 ft2) of gymnasium area
(iii)
Industrial/Commercial
Training Facility
0.7 stalls/student plus 1.0 stall/ staff
(j)
For all other uses
Pursuant to Section 73.1(i), the number of parking spaces
required shall be determined by the Development
Authority, having regard for similar uses listed above and
the estimated traffic generation and attraction of the
proposed use.
73.6
All retail, commercial and industrial uses are required to provide loading space. The
applicant shall demonstrate to the satisfaction of the Development Authority the number
of loading spaces required.
73.7
All retail, commercial and industrial uses are required to provide parking stalls for
physically disabled persons in accordance with the Alberta Building Code or another best
practice that the applicant can demonstrate to the Development Authority's satisfaction.
73.8
Where a building is enlarged or the use of the land or building is changed or increased in
intensity, the additional parking spaces to be provided shall be limited to the difference
between the requirements of the original building or use and that of the modified building
or use.
73.9
Each parking space shall have dimensions of not less than 9 feet (2.74 meter) by 18 feet
(5.49 meter).
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
73.10 Off-site parking and sharing of parking facilities:
(a)
Parking spaces shall be located on the same parcel as the use for which they are
being provided except that, subject to the approval of the Development Authority
pursuant to Section 73.10(c), the spaces may be located on another parcel on the
condition that a restrictive covenant, ensuring the use of the parcel for the required
number of parking spaces, is registered against the Certificate of Title of that parcel.
(b)
Where two adjacent developments can demonstrate to the satisfaction of the
Development Authority that opportunities to share parking facilities exist, the
Development Authority may consider an appropriate relaxation of the number of
vehicle parking stalls on the application site subject to Section 73.10(c).
(c)
The following considerations shall be taken into account when parking is proposed
to be located off-site or shared with another development:
(i)
The Development Authority may allow two or more developments to share
parking spaces. Up to 20% of the required parking may be combined or shared
parking.
(ii)
Permission to share parking spaces may only be granted by the Development
Authority in the following circumstances:
-
the developments are in close proximity to each other and within 100 m
(330 ft) of the site on which the parking spaces are located;
-
the demand for parking spaces for each development is not likely to occur
at the same time;
-
the Development Authority is satisfied that the arrangement between the
owners of the developments for the sharing of parking spaces is to be
permanent unless an alternative permanent arrangement is made that is
satisfactory to the Development Authority;
-
the full complement of parking spaces required for any of the
developments completed on any of the lots proposing to share parking
must be made available simultaneously with the completion of each
development involved in the sharing or parking spaces; and
-
an agreement acceptable to the Development Authority is provided.
74
PERMITTED ENCROACHMENTS
74.1
The following encroachments into required front, side and rear yard setbacks in land use
districts may be permitted for canopies, balconies, eaves, box-outs, cantilevers, chimneys,
gutters, sills, steps/stairs and associated landings (but excluding decks):
(a)
front yard:
(i)
2.0 m (6 ft) for balconies
(ii)
1.0 m (3 ft) for box-outs, cantilevers, eaves, gutters, landings (e.g. to basement
side entries) and window sills
(b)
rear yard:
(i)
2.0 m (6 ft) for balconies
(ii)
1.0 m (3 ft) for box-outs, cantilevers, eaves, gutters, landings (e.g. to basement
side entries) and window sills
(c)
side yard (interior lot):
(i)
zero meters (0 ft) for balconies
(ii)
0.6 m (2 ft) for box-outs, cantilevers, eaves, gutters, landings (e.g. to basement
side entries) and window sills
(d)
side yard (exterior lot - i.e. corner lot flanking a street):
(i)
1 m (3 ft) for balconies
(ii)
0.6 m (2 ft) for box-outs, cantilevers, eaves, gutters, landings (e.g. to basement
side entries) and window sills
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
74.2
For multi-attached dwellings, balconies may be extended to the side lot line or common
wall.
74.3
No encroachment will be permitted if, in the opinion of the Development Authority, it may
interfere with a loading space, parking area, driveway, or other vehicle or pedestrian
circulation or access.
74.4
No encroachments will be permitted into the 2.7 m (9 ft) side yard required for vehicular
access to the rear yard, unless a minimum vertical height of 3.0 m (10 ft) from finished
grade to the lowest point of the projection encroachment is maintained.
74.5
The encroachment length limitations are as follows:
(a)
The individual encroachment maximum length shall not exceed 3.0 m (10 ft); and
(b)
The sum of all encroachments maximum length shall not exceed one-third (1/3) of
the length of the building wall (not including the garage walls). This does not apply
to front or rear yards.
Permitted Encroachments - Front and Interior Side Yard Setbacks
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Permitted Encroachments - Rear and Exterior Side Yard Setbacks
75
RECREATIONAL VEHICLE STORAGE
75.1
In any Land Use District, no Recreational Vehicle(s) shall be parked, placed or stored for
commercial purposes unless 'Warehousing and Storage' is listed as a use in the Land
Use District and the Development Authority has issued a corresponding development
permit.
75.2
Except as provided for in Section 76, in any Land Use District a Recreational Vehicle shall
not be parked, placed or stored for private storage purposes unless the use or building
generally deemed to be the principal use or principal building in the District into which the
parcel is designated is being actively undertaken or has been constructed on the parcel.
This means that in a residential district, for example, the parcel must be developed with a
dwelling unit of any type listed as a use in that District in order to park, place or store a
Recreational Vehicle for private purposes. Also refer to Sections 71.2(d) and 71.3.
76
RECREATIONAL VEHICLE AS A DWELLING UNIT ON A PARCEL OF LAND THAT IS
NOT A RECREATIONAL VEHICLE PARK OR A CAMPGROUND
76.1
On any lot (developed or vacant) in any Land Use District a Recreational Vehicle, including one that
is parked or stored on a developed lot pursuant to Section 75.2 may be used as a dwelling unit for
a period not exceeding twenty one (21) consecutive days, at the expiry of which it must be
removed from the property for a minimum of five consecutive days; pursuant to Section 25.1 a
temporary development permit is required for such use. This includes a Recreational Vehicle
owned and/or used by short-term guests of the landowner or dwelling unit occupant (e.g. long
weekend guests), subject to parking for any and all towing unit(s) and any associated trailers (e.g.
for a boat, ATV, Ski-doo, etc.) being accommodated on the subject parcel of land.
76.2
A maximum of two (2) Recreational Vehicles may be used pursuant to Section 76.1 upon issuance
of a temporary development permit. Additional Recreational vehicles may be used for this
purpose for a maximum of five consecutive days and only with the Issuance of a temporary
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
development permit. For each additional Recreational Vehicle, a temporary permit and tag for
placement in the Recreational Vehicle in a location visible from the street stating the dates that it
will be parked on the lot must be obtained from the Development Officer.
76.3
The use of a Recreational Vehicle as a dwelling unit for a period exceeding twenty-one (21)
consecutive days is allowed only if 'Recreational Vehicle' is listed as a use in the Land Use District
for the subject parcel and a development permit for such use has been issued by the Development
Authority pursuant to the regulations of that District.
76.4
In addition to the regulations for Recreational Vehicles in a specific Land Use District the following
regulations apply to the use of a Recreational Vehicle as a dwelling unit pursuant to Section 76.3:
(a)
Development Authority shall be satisfied that the design, finish and appearance of a
building, including a Recreational Vehicle, are compatible with the amenities and character
of existing development in the surrounding area.
(b)
A Recreational Vehicle shall be no more than fifteen years old at the time of applying for a
development permit to use it as a dwelling unit. If the Recreational Vehicle is older than
fifteen years, photographs of the Recreational Vehicle to be placed on the lot shall be
submitted with the development permit application to the Development Officer's
satisfaction, and the application may be denied or a condition imposed to require its
upgrading if the condition of the Recreational Vehicle is not to the satisfaction of the
Development Authority.
(c)
Only one Recreational Vehicle per lot may be used as a dwelling unit pursuant to Section
75.3 except in Buffalo Lake Meadows (Plan 0521511 and Plan 0620721) where, despite
anything to the contrary in this Land Use Bylaw, a maximum of two Recreational Vehicles
per lot may be allowed at the discretion of the Development Authority. Further, subject to
Section 68, only one development permit may be issued for a principal building that is a
dwelling unit (i.e. either for a Recreational Vehicle or for a detached dwelling).
(d)
Pursuant to Section 8 a Recreational Vehicle includes a Recreational Vehicle - Park Model
Trailer but does not include a Recreational Vehicle - Park Model Recreational Unit (also
called a "Cottage Model").
(e)
Pursuant to Section 9 a Recreational Vehicle used as a dwelling unit is a building and all
regulations specified in this District for a building also apply to a Recreational Vehicle, unless
stated otherwise.
(f)
In the Rochon Sands Heights, Scenic Sands [on lots specified in Section 108.15 ( c ) (ii)] and
Buffalo Lake Meadows subdivisions, additions to a Recreational Vehicle shall be limited to a
ground level deck.
(g)
Although being a discretionary use in Rochon Sands Heights, Scenic Sands [on lots specified
in Section 108.15 (c) (ii) and Buffalo Lake Meadows subdivisions, notwithstanding anything
to the contrary in this Bylaw the Development Officer may issue a development permit for
the use of a Recreational Vehicle as a dwelling unit, but shall refer the application to the
Municipal Planning Commission if the Development Officer recommends refusal of the
development permit or for any other reason that the Development Officer deems it
necessary.
(h)
When the Development Officer issues a development permit for the use of a Recreational
Vehicle as a dwelling unit, an appeal period for affected landowners shall apply pursuant to
Section 33.2.
(i)
The landowner of a parcel of land on which a Recreational Vehicle is illegally stored (refer
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
to Section 74) or is placed to be used as a dwelling unit without the benefit of a development
permit or on which a Recreational Vehicle was legally placed to be used as a dwelling unit
with the benefit of a time limited development permit which has expired, may be liable to
a fine or penalty pursuant to Section 38.1 provided for in the County's Fee Bylaw
77
RECREATIONAL VEHICLE PARK AND/OR CAMPGROUND
77.1
When 'Campground' and 'Recreational Vehicle Park' are both listed as uses in a District,
then a single Development Permit may be issued for a facility that includes both a
Campground (un-serviced sites) and a Recreational Vehicle Park (serviced sites).
77.2
Any development permit application for a Recreational Vehicle Park or Campground,
regardless of whether the stalls are rented or under condominium ownership, shall include
a site plan to the satisfaction of the Development Authority that shows the location, design
standards and site requirements of individual stalls, group areas, access roads and
cabins, and any common accessory uses and services such as washrooms, laundromat,
recreational building, retail store, food concession, fire pits, fire wood storage, lighting,
water supply, sewage disposal facilities, solid waste collection facilities and any other
similar uses or services that may be associated with or required within a Recreational
Vehicle Park or Campground. For a Recreational Vehicle Park or Campground where the
stalls are rented and the number of stalls does not exceed twenty or the land area does
not exceed 5 acres, whichever is the least, the Development Authority may, at its
discretion, use the design standards cited in Section 77.3 or any other standards to its
satisfaction, as a guideline in evaluating the permit application.
77.3
When a Recreational Vehicle Park or Campground is intended to be under condominium
ownership, the Development Authority shall use the following regulations as minimum
standards in evaluating the permit application and the design of the Recreational Vehicle
Park or Campground site plan:
(a)
in a Recreational Vehicle Park or
Campground
only
a
Recreational
Vehicle, Recreational Vehicle - Park
Model Recreational Unit, tents and
cabins are allowed as temporary
overnight accommodation;
(b)
a condominium Recreational Vehicle
Park or a condominium Campground
pursuant to the Condominium Property
Act shall require subdivision approval,
and shall be subject to any related
County policies regarding water supply
and sewage disposal servicing and
road construction or road improvements;
(c)
for a rental park or campground a minimum of 10% and for a condominium project
a minimum of 20% of the gross development area shall be set aside in a location
suitable to the Development Authority as a common open space recreation area;
(d)
each stall shall be accessed by an internal road;
(e)
the road system shall be sensitively designed to the topography and environmental
characteristics of the site;
(f)
roads shall be hard surfaced or surfaced to the satisfaction of the Development
Authority and shall be;
(i)
3.0 m (10 ft) in width for one-way traffic and
(ii)
6.0 m (20 ft) in width for two-way traffic;
(g)
the road system shall be properly signed for users and for emergency response
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
vehicles;
(h)
walkways with a minimum width of 1.2 m (4 ft) surfaced to the satisfaction of the
Development Authority shall be provided from all stalls to all service buildings and
facilities, refuse areas and recreation areas;
(i)
fires will be permitted only in designated fire pits or other such facilities;
(j)
all utility services and all utility wires and conduits shall be provided as required by
the Development Authority and the franchise utility companies;
(k)
potable water and sewage disposal facilities are required to the satisfaction of the
Development Authority;
(l)
fences shall be allowed within the Recreational Vehicle Park only if they are erected
and maintained by the park operator to a uniform standard throughout the park;
(m) all stall boundaries shall be clearly defined on the ground by permanent flush stakes,
or markers, with a stall number or other identification system;
(n)
minimum Recreational Vehicle or Campground stall size shall be:
(i)
6.0 m (20 ft) in width;
(ii)
18 m (59 ft) in depth; and
(iii)
108 m2 (1,200 ft2) in area for rental stalls, with a minimum unit size of 200 m²
(2,153 ft²) for condominium units;
(o)
minimum distance between Recreational Vehicle or Campground stalls shall be 3.0
m (10 ft), except if suitable buffers are provided to the satisfaction of the
Development Authority;
(p)
minimum Recreational Vehicle Park or Campground front, side and rear yards shall
be 3.0 m (10 ft) from all site boundaries and no stalls or other development are
permitted within any yard;
(q)
a maximum of one Recreational Vehicle or Recreational Vehicle - Park Model
Recreational Unit and one tent shall be allowed per stall;
(r)
each stall shall accommodate at least one vehicle parking space other than a
Recreational Vehicle;
(s)
visitor parking shall be provided in a common area to the satisfaction of the
Development Authority; and
(t)
a landscaping plan that retains natural vegetation shall be provided to the
satisfaction of the Development Authority.
(u)
only one Recreational Vehicle, Recreational Vehicle - Park Model Recreational Unit
or cabin plus one Ancillary Building are allowed per condominium unit;
(v)
the maximum coverage per unit or stall is 40%;
(w) the maximum height of a Recreational Vehicle, Recreational Vehicle - Park Model
Recreational Unit or cabin is 18 ft (5.50 m);
(x)
a common area for the storage of ATV's, motor cycles and boats or other recreational
crafts shall be provided at a minimum rate of 10 m² ;
(y)
no permanent foundation, pilings, basement or base extending below the frost level
is allowed to be developed on a condominium unit that is intended for a Recreational
Vehicle or Recreational Vehicle - Park Model Recreational Unit;
(z)
each condominium unit shall be designed to accommodate a minimum of two vehicle
parking spaces;
(aa) a common area for the parking of additional vehicles or visitor vehicles shall be
provided at a rate of one vehicle per every five condominium units;
(bb) no Ancillary Building shall be used for sleeping accommodation; and
(cc) an Ancillary Building shall be similar to, and complement, the Recreational Vehicle
in exterior materials, colour and appearance.
77.4
One on-site security/operator dwelling unit may be approved subject to Section 83.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
78
SALVAGE AND RECYCLING FACILITY
78.1
Prior to approving a development permit the Development Authority shall be satisfied that
the design, finish and maintenance/upkeep of a 'Salvage and Recycling Facility' including
advertising signs, throughout the lifetime of the facility, are compatible with the amenities
and character of existing development in the surrounding area, specifically if the facility is
located in a prominently visible location.
78.2
The keeping of any object or chattel in a location that is visible to the travelling public and
which in the opinion of the Development Authority is unsightly or adversely affects the
amenities of the area is prohibited.
78.3
The premises shall be fenced along any and all property boundaries visible from any
highway or public road, to the satisfaction of the Development Authority. This shall be a
screening fence.
78.4
The screening fence shall be of a durable finish that incorporates and complements any
buildings and shall include architectural design in the form of colour variation or other
method of accentuation to break up monotony and size/height/length of the fence.
78.5
The use of true primary and secondary colours in fencing and building materials is not
permitted as the main field colour and must only be used as accent colouring. All colours
are to be approved by the Development Authority by the submission of true colour
samples.
78.6
At no time shall any auto bodies or other recycling components be visible from any location
along a highway or any other public road, except when being loaded/off-loaded.
78.7
Landscaping shall be provided and maintained to the satisfaction of the Development
Authority.
78.8
Notwithstanding Section 84 of this Bylaw, the location and design of any advertising signs
shall be to the satisfaction of the Development Authority.
79
SATELLITE DISH ANTENNA
79.1
A satellite dish antenna shall be located on the same site as the intended signal user.
79.2
Pursuant to Section 16.1(g), a satellite dish antenna that conforms to all other provisions
of the Land Use Bylaw does not require a development permit.
79.3
A satellite dish antenna shall not be located in, or encroach onto, a front or side yard in
any residential district.
79.4
A satellite dish antenna larger than 1.0 m (3 ft) in diameter shall not be located on a roof
top except for apartment buildings three storeys or greater in height and buildings in non-
residential districts.
79.5
Where any portion of a satellite dish antenna is more than 3.0 m (10 ft) above grade, it
shall be screened and located to the satisfaction of the Development Authority.
79.6
Location restrictions for satellite dish antennas may be waived where the applicant can
demonstrate, to the satisfaction of the Development Authority that compliance would
interfere with signal reception.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
80
SCREENING, BUFFERING AND OUTDOOR STORAGE
80.1
Some land use districts list 'Outdoor Storage' as a land use and/or contain outdoor storage
regulations specific to those districts. In these situations a development permit must be
obtained for 'Outdoor Storage'.
80.2
Outdoor storage of goods, materials, or equipment outside of a building in a land use
district where 'Outdoor Storage' is not listed as a use may be allowed if outdoor storage is
implied in the land use definition of the particular use and if the development permit
application states the intent to have outdoor storage.
80.3
In all other situations outdoor storage shall be subject to the provisions of Section 71.
80.4
In addition to any other provisions of this Bylaw, for a landfill site, a Sand, Gravel and
Surface Mineral Extraction use or a Sand, Gravel and Surface Mineral Processing use,
a sewage lagoon, a sewage treatment plant, an industrial or bulk storage yard,
including but not limited to auto wrecking, lumber yard, pipe storage and similar uses
and for any other similar forms of development, the Development Authority may require
such development to be screened from public view by a vegetated buffer strip or some
other landscaping feature to the satisfaction of the Development Authority. Where,
because of the stacked height of materials stored, a screen planting would not be
sufficient, the Development Authority may require a fence, an earth berm or
combination thereof to its satisfaction.
80.4
Outdoor storage of vehicles, equipment, or products shall be screened from public view
to the satisfaction of the Development Authority, unless the outdoor storage is required as
part of the sale, promotion or display of the vehicle, equipment or product, in which case
the manner of outdoor storage shall be to the satisfaction of the Development Authority.
80.5
Screening in the form of fences, hedges, landscaped berms or other means is required
along the property lines of all commercial and industrial lots where such lines are
coterminous with a residential property line or are adjacent to an alley that abuts a
neighbouring residential property. Such screening shall be at least 1.8 m (6 ft) high. Other
features of the screening shall be at the discretion of the Development Authority.
81
SEA-CAN
81.1
Notwithstanding the provisions of any land use district the placement and use of a sea-
can as an ancillary building on any parcel of land adjacent to or within a multi-lot
subdivision, a hamlet, a village or a town shall be a discretionary use, and the Municipal
Planning Commission may, in its sole discretion, approve a development permit
application for a sea-can on a temporary basis pursuant to Section 25.
82
SECONDARY SUITE
82.1
One secondary suite may be allowed in a Detached Dwelling that constitutes the principal
building on a parcel of land or, subject to Section 43.6, in a detached Ancillary Building if
a principal Detached Dwelling exists on the parcel of land, in those Districts where
secondary suite is listed as a permitted or discretionary use.
82.2
A secondary suite located in a detached Ancillary Building shall be a discretionary use
since it may require that the building height is varied from the typical 16 feet to 26 feet.
82.3
A secondary suite is not a Duplex or a second Detached Dwelling therefore, subject to
Section 23.4, a secondary suite within a Detached Dwelling shall not exceed 25% of the
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
total floor area of the Detached Dwelling, including upper floors and basement combined,
and a secondary suite in a detached Ancillary Building shall not exceed 50% of the ground
floor area of the building or, in either case, 90.0 m² (approximately 969 ft²), whichever is
less; and further, the secondary suite shall not be smaller than 38.0 m² (approximately
400 ft²).
82.4
A separate entrance door to a secondary suite shall not be located on the front elevation
of a Detached Dwelling. Notwithstanding this, a single entry door providing access to an
enclosed, shared landing area from which both the main dwelling unit and the secondary
suite take access, may be located on the front elevation of a Detached Dwelling. When a
secondary suite is located in an ancillary building the location of the entrance door is not
regulated.
82.5
At least one on-site parking space shall be provided for a secondary suite in addition to
the parking requirements for the principal dwelling pursuant to Section 73 of this Bylaw.
82.6
A principal building containing a secondary suite may not be converted into
condominiums; ownership of a property containing a secondary suite must be an
undivided fee simple.
83
SECURITY/OPERATOR DWELLING UNIT
83.1
A security/operator dwelling unit is a discretionary use in those districts where it is allowed,
and any development permit issued for a security/operator dwelling unit shall be
conditional upon the permit becoming null and void when the principal use requiring the
security/operator dwelling unit ceases to operate.
83.2
Only one (1) development permit for a security/operator dwelling unit may be issued on a
site.
83.3
In addition to the number of parking stalls required for the principal use under Section 73
of this Bylaw, one additional parking stall shall be provided for the security/operator
dwelling unit.
83.4
A minimum of 6.0 m2 (65 ft2) of private amenity space shall be provided for the
security/operator dwelling unit.
84
SIGNS AND ADVERTISING
84.1
Signs and Advertising shall be a permitted use in every land use district if it meets the
regulations of Section 84 and shall be a discretionary use in every land use district if it
does not meet the regulations of Section 84.
84.2
No sign or advertisement of a commercial, directional or informative nature shall be placed
on land or affixed to any exterior surface of any building or structure unless an Application
for this purpose has been approved and a Development Permit issued.
84.3
Notwithstanding Section 84.2, except as may be otherwise required in this Bylaw (e.g. in
a Land Use District), the following signs, provided they comply with the restrictions listed
below, may be placed on land or affixed to the exterior surface of a building or structure
without Application for a Development Permit provided the landowner has granted written
consent:
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
TYPE OF SIGN
RESTRICTIONS
(a) Miscellaneous signs, including:
Sign not to exceed 12.0 ft² (1.1m2) and must be limited
to one sign per parcel of land. In the case of a Home
Business the sign shall not exceed 4.0 ft² (0.37 m2).
Also see Sections 84.4 to 84.8.
(i) signs to be displayed as a means of
identification, direction, or warning;
(ii) signs advertising the fact that a
person, partnership, or company is
carrying on a profession, business, or
trade at the premises; and
(iii) signs relating to a religious,
educational, cultural, recreational, or
similar institution, or a hotel, motel,
apartment block, club, or boarding
house.
(b) Temporary signs, such as:
Sign not to exceed 20.0 ft² (1.86 m2) and must be
removed by the advertiser within 15 days of completion
of the event or works to which the advertisements
relate. Also see Sections 84.4 to 84.8.
(i) signs advertising that land or premises
are for sale or lease;
(ii) signs announcing the sale of goods or
livestock on land or premises which
are not normally used for commercial
purposes;
(iii) signs relating to the carrying out of
building, engineering, or construction
works; and
(iv) signs intended to advertise any local
event being held for charitable
purposes, which may be religious,
educational, cultural, political, social,
or recreational, but not for any
commercial purpose.
(c)
Functional signs needed by public
bodies such as local authorities and
utility companies to give information or
directions about the services they
provide.
No size restrictions. Also see Sections 84.4 to 84.8
84.4
No sign or advertisement shall be placed or permitted within 1,000 feet (304.8 meter) of a
Highway right-of-way or within 2,625 ft (800 metres) from the centre point of an intersecting
highway or other public roadway, unless the prior written approval of Alberta
Transportation has been obtained.
84.5
The person installing and displaying a sign must have written permission from the
landowner(s).
84.6
Signs shall not be illuminated (provide details, ie. impact traffic safety) or provisions to
allow illumination in specific circumstances.
84.7
No sign or advertisement shall obstruct the view of or be liable to be confused with any
traffic sign or signal, or otherwise pose a potential hazard to traffic.
84.8
The Development Authority may require the removal or renovation of any sign that is not
kept in a safe, clean, and tidy condition.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
85
SITE DESIGN, BUILDING DESIGN, CHARACTER AND APPEARANCE
85.1
Unless otherwise required by architectural/design guidelines in an Area Structure Plan or
in Section 51 of this Bylaw, all buildings in any residential, industrial or commercial district
shall comply with the following regulations, except as otherwise approved by the
Development Authority:
(a)
The design, character, siting, external finish, architectural appearance and
landscaping of all buildings, including accessory buildings or structures shall be to
the satisfaction of the Development Authority.
(b)
Exterior finish shall be wood, prefabricated materials, stone, brick, architecturally
finished block or concrete, stucco or other durable aesthetically pleasing material
that is appropriate to the development style and to the satisfaction of the
Development Authority.
(c)
All sides of a building exposed to a highway or public road shall be treated as a
principal façade and finished in an aesthetically pleasing manner to the satisfaction
of the Development Authority.
(d)
Roof lines and building facades shall be articulated and varied to reduce perceived
mass and linear appearance of large buildings.
(e)
Except in the Agricultural District and all industrial districts, mechanical equipment
shall be screened or incorporated into the roof envelope.
(f)
The undercarriage of a manufactured home shall be screened from view by skirting
or such other means satisfactory to the Development Authority.
(g)
The appearance and finishing of all accessory structures to a manufactured home,
such as patios porches, additions, garages, skirting and storage facilities, shall
complement the manufactured home to the satisfaction of the Development
Authority.
(h)
The finish and appearance of all the buildings on the lot, including accessory
buildings, should complement the other structures located on the same lot.
(i)
The design of development shall respect, complement and work with the natural
features of the development site to the satisfaction of the Development Authority.
85.2
The exterior finish of any building and the site works such as paving, curbing, landscaping,
etc. shall be completed within twenty-four months from the date of the issuance of the
development permit unless otherwise stipulated elsewhere in this Land Use Bylaw or in
the development permit, or unless an extension of time is obtained from the Development
Officer pursuant to Section 31.1.
85.3
Vehicular entrances and exits, as well as on site and off site traffic and pedestrian routes
shall be located and designed in a manner that provides a clearly defined, efficient and
convenient on-site and off-site vehicular traffic and pedestrian circulation pattern.
85.4
Loading bays shall be located in such a manner as to not impede the efficient flow of on-
site traffic and pedestrian movement and to minimize impacts on adjacent land uses.
85.5
Development on adjoining lots shall be integrated by direct on-site access connections to
provide for convenient and free flowing traffic movements between lots where such
integration is advantageous and feasible, in the opinion of the Development Authority.
86
TEMPORARY BUILDINGS, STRUCTURES AND USES
86.1
The Development Authority may approve a development permit for a temporary building,
structure or use only if the proposed building, structure or use conforms to the Permitted
or Discretionary Uses prescribed in the District for which the site is designated.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
87
TRADING IN MOTOR VEHICLES AND/OR MOTOR VEHICLE REPAIRS
87.1
In order to ensure that the County complies with Chapter 2 of the Fair Trading Act, any
development permit issued for a proposed development that involves the buying, selling,
leasing, salvaging, recycling or dismantling, or installation of parts or equipment in,
repairing or servicing of motor vehicles must include a condition that the applicant shall
provide written proof, within 30 days of the issuance of the development permit, that the
applicant holds an appropriate license from the Alberta Motor Vehicle Industry Council.
88
WORK CAMP
88.1
Federal, Provincial or municipal work camps do not require a development permit.
88.2
A development permit for a temporary work camp may be issued for up to one (1) year, at
which time an application may be made for a continuance of the use for one (1) additional
year, after which a new development permit approval is required.
88.3
An application for a development permit for a work camp must provide the following
information:
(a)
the location, type and purpose of the camp;
(b)
adjacent land uses;
(c)
the method of supplying water, and sewage and waste disposal to the camp. The
proposed method of sewage disposal must comply with the Alberta Private Sewage
Disposal Systems Regulation (Alberta Regulations 229/1997) and be to the
satisfaction of the Regional Health Authority;
(d)
the number of persons proposed to live in the camp;
(e)
the MLL (miscellaneous lease) number issued by Alberta Environment if applicable;
(f)
the start date for development, date of occupancy by residents, and removal date
for the camp; and
(g)
reclamation measures once the camp is no longer needed.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
PART SEVEN
LAND USE DISTRICTS AND REGULATIONS
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
89
ESTABLISHMENT OF LAND USE DISTRICTS
89.1
For the purpose of this Bylaw, the County of Stettler No. 6 is divided into the following
Districts:
-
Agricultural District
A
-
Airport District
AD
-
Commercial District
C
-
Country Residence District
CR
-
Country Residence Agricultural District
CRA
-
Country Residence Equestrian District
CR-EQ
-
Country Residence Recreation District
CRR
-
Country Residence Small Lot District
CR-SL
-
Hamlet Commercial District
HC
-
Hamlet Industrial District
HI
-
Hamlet Residential District
HR
-
Highway Commercial District
HWY-C
-
Highway Mixed Use District
HWY-MU
-
Industrial District
IND
-
Manufactured Home Park District
MHP
-
Public Services District
PS
-
Recreational Facility District
RF
-
Resort Residential District
RR
-
Resort Residential - Communally Serviced District
RR-CS
-
Resort Residential - Recreational District
RR-REC
90
BOUNDARIES OF LAND USE DISTRICTS
90.1
Boundaries of the Districts listed in Section 89.1, and amendments thereto approved by
Council, are as delineated on the Land Use District Maps being Schedule 'C' of this Bylaw.
90.2
Where uncertainty exists as to the exact location of the boundary of a Land Use District
as shown on a Land Use District Map, the following rules shall apply:
(a)
a land use district boundary shown as approximately following the boundary of a
parcel of land shall be deemed to follow that parcel of land boundary;
(b)
a land use district boundary shown as following a street, alley, railway or creek, shall
be deemed to follow the centre line thereof;
(c)
a land use district boundary which does not approximately follow the boundary of a
parcel of land shall be deemed to follow the boundary of a corresponding designation
in an applicable statutory plan, and if there is no applicable statutory plan, any written
historical records that the County may hold relative to the parcel of land or the land
use district boundary may be used to determine the boundary of the District.
90.3
If the Application of the rules referred to in Section 90.2 do not satisfactorily determine the
exact location of the boundary of a District, Council either on its own motion or upon written
Application being made to it by any person requesting the determination of the exact
location of the boundary, shall fix the portion of the District boundary in doubt or dispute in
a manner consistent with the provisions of this Bylaw and with the degree of detail as to
measurements and directions as the circumstances may require.
90.4
After Council has fixed a District boundary pursuant to Section 90.3, the portion of the
boundary so fixed shall not be thereafter altered except by an amendment to this Bylaw.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
90.5
In Schedule 'C' of this Bylaw the Development Officer shall maintain a record of Council's
decisions with respect to the establishment and revision of land use district boundaries or
portions thereof and text amendments.
91
APPLICATION OF DISTRICTS AND DISTRICT REGULATIONS
91.1
Development permit applications in any land use district may be subject to the provisions
of Section 42 and Section 51 of this Bylaw.
91.2
If a greater distance is required by the Alberta Building Code than any distance shown in
this Bylaw, that Code's requirements shall prevail.
91.3
All railway rights-of-way, roads, alleys and other public thoroughfares are exempted from
the Land Use Districts and the District standards and regulations established under this
Bylaw; however, when a railway right-of-way, road, alley or other public thoroughfare is
closed it shall automatically revert to the Agricultural District or, in the case where its land
title is consolidated with the land title of an adjacent parcel of land, to the District for which
that parcel of land is already designated.
91.4
All regulations stated in this Bylaw relative to distances, sizes, areas, heights, etc. are
minimum standards, unless otherwise noted in the regulation.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
92
AGRICULTURAL DISTRICT (A)
PURPOSE
92.1
To support and promote an evolving agricultural industry as a fundamentally important part
of the County's identity and of its economy and to accommodate associated rural lifestyles
and agriculture related businesses to supplement farm income.
LAND USES
92.2
Permitted Uses
-
Agricultural Operation
-
Ancillary Building or Ancillary Use (Residential) - standard size, subject to Section 43.10
-
Ancillary Building or Ancillary Use (Industrial or non-residential) - size shall be determined at the
discretion of the Development Authority, subject to Sections 92.10 and 92.11
-
Detached Dwelling
-
Garden Suite
-
Government Service
-
Manufactured Home not older than ten years
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
-
Recreational Vehicle or Recreational Vehicle - Park Model Recreational Unit, if the parcel of land
has an area of at least 80 acre (32.38 hectare), and subject to Section 92.22
-
Second Detached Dwelling or Manufactured Home (not older than ten years) if the parcel of land
has an area of at least 80 acre (32.38 hectare)
-
Secondary Suite inside a Detached Dwelling
92.3
Discretionary Uses
-
Agricultural Supply Depot
-
Ancillary Building or Ancillary Use (Residential) - oversized, subject to Section 43.10
-
Assisted Living Facility
-
Auction Mart - Livestock, subject to Section 92.13
-
Bed and Breakfast Establishment
-
Cemetery
-
Clustered Farm Dwellings and Associated Uses
-
Communication Antenna and Structure
-
Community Facility
-
Concert site, subject to Section 53
-
Contractor's Business - Home Based or Not Home Based, subject to Section 92.12
-
Crematorium
-
Data Processing Centre
-
Duplex
-
Farm Stall
-
Guest Ranch - ancillary accommodation is limited to a maximum of 20 units/stalls/sites or an area
of maximum 5 acres, whichever is less
-
Home Business
-
Kennel, subject to Section 64
-
Land Reclamation
-
Manufactured Home older than ten years
-
Oilfield Service or Supply Business - Minor
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
92.3
Discretionary Uses
-
Recreation Facility - Indoor - ancillary accommodation is limited to a maximum of 20
units/stalls/sites or an area of maximum 5 acres, whichever is less
-
Recreation Facility - Outdoor - ancillary accommodation is limited to a maximum of 20
units/stalls/sites or an area of maximum 5 acres, whichever is less
-
Recreational Vehicle or Recreational Vehicle - Park Model Recreational Unit, if the parcel of land
has an area of less than 80 acre (32.38 hectare), and subject to Section 92.22
-
Recreational Vehicle Park and/or Campground - limited to a maximum of 20 units/stalls/sites or
an area of maximum 5 acres, whichever is less, and subject to Section 92.16
-
Rural Convenience Store
-
Rural Restaurant
-
Sand, Gravel and Surface Mineral Extraction for a period of five (5) years or less and has a
disturbance area that is less than five (5) hectares
-
Sand, Gravel and Surface Mineral Processing for a period of five (5) years or less and has a
disturbance area that is less than five (5) hectares
-
Second Detached Dwelling or Manufactured Home if the parcel of land has an area of less than
80 acre (32.38 hectare)
-
Secondary Suite inside a detached Ancillary Building
-
Security/Operator Dwelling Unit, for agricultural purposes only
-
Third or Additional Detached Dwelling or Manufactured Home, subject to Section 69.2(c)
-
Value-added Agricultural Industry
-
Veterinary clinic
-
Warehousing and Storage - limited to the storage of a maximum of 20 Recreational Vehicles and
20 self-storage units
-
Waste Management Facility
-
Work Camp
SITE REGULATIONS
92.4
In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
3.0 acre (1.21 ha)
Lot Width
100 m (328 ft)
Lot Depth
120 m (394 ft)
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building and Farm Building: 25 feet (7.62 meters)
-
Ancillary Building and Farm Building: see Section 43
Side Yard
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements shall be the
minimum yard distance.
Building Height
(maximum)
- Farm Building and Agricultural Supply Depot: 82 ft (25 m)
- Subject to Section 23.7:
-
All other buildings, except Ancillary Building: 32.8 ft (10 m)
-
Ancillary Building: refer to Section 43.9
and further
-
All buildings, except Farm Building:
a. pitched roof - 22 ft (6.7 m) wall height at eaves
b. flat roof - 22 ft (6.7 m) wall height at parapet
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Floor Area
N/A
Site Coverage
(maximum)
N/A
Floor Area Ratio
(maximum)
N/A
92.5
Development standards for uses not specified in Section 92.4 shall be determined by the
Development Authority.
92.6
Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
92.7
The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
92.8
Landowners and residents within this District must be aware that agricultural operations
take precedence in this District. Therefore they should plan and develop their properties
in such a manner and at their own cost that agricultural nuisances are reduced.
Subdivision Density for Private Titles
92.9
In this District the maximum density is three private titles per quarter section; with the
provision that the Subdivision Authority may approve additional private titles as provided
for in the Municipal Development Plan.
Ancillary Building (Industrial or Non-residential)
92.10 The ground floor area of an Ancillary Building that is associated with an industrial or other
non-residential use is subject to Section 43.11.
92.11 The Development Officer shall not issue a Development Permit for an Ancillary Building
(Industrial or Non-residential) unless the Applicant holds a Development Permit for any
one of the following discretionary uses:
a)
Agricultural Supply Depot;
b)
Auction Mart - Livestock;
c)
Contractor's Business - Home Based or Not Home Based;
d)
Oilfield Service or Supply Business - Minor;
e)
Sand, Gravel and Surface Mineral Extraction;
f)
Sand, Gravel and Surface Mineral Processing; or
g)
Value-added Agricultural Industry
and the Development Officer may refer any application under this section to the Municipal
Planning Commission pursuant to Section 11.3(b).
Contractor's Business - Home Based or Not Home Based
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
92.12 The approval of a development permit for a Contractor's Business - Home Based or Not
Home Based is subject to compliance with the conditions listed in Section 55
Auction Mart - Livestock
92.13 Auction Mart - Livestock shall not be permitted within 1,500 feet (457.2 meter) of a
residence unless the residence is associated with the operation.
Confined Feeding Operations
92.14 The County supports the location of Confined Feeding Operations in this District that
comply with the relevant policies identified in the Municipal Development Plan, specifically
relevant to CFO Exclusion Zones identified in inter-municipal development plans and
around approved area structure plans, concept plans and outline plans.
92.15 In approving rezoning and/or subdivision applications for single parcel residential
acreages and multi-lot residential subdivisions in locations that could be incompatible with
an existing CFO in this District, the County will recommend that the applicants familiarize
themselves with existing CFO locations and the applicable minimum separation distances
and consider the potential impact on their proposed subdivision however, the County will
not require reciprocal setback distances. Further, the County will require that an area
structure plan or outline plan for multi-lot residential development must incorporate the
buffering techniques for non-agricultural development in the agricultural fringe as
referenced in the relevant section of the Land Use Bylaw.
Campground and Recreational Vehicle Park
92.16 The design of any Campground or Recreational Vehicle Park is subject to the provisions
of Section 77.
MINIMUM SERVICING REQUIREMENTS
92.17 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
92.18 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
92.19 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
92.20 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
92.21 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
92.22 A development permit for a Recreational Vehicle or a Recreational Vehicle - Park Model
Recreational Unit may be issued subject to Section 69 and shall include a condition that
the dwelling unit is connected to a certified public or private sewage disposal system while
being placed on a site; and further, the use of a Recreational Vehicle as a dwelling unit
shall comply with the regulations in Section 0.
92.23 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
92.24 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
93
AIRPORT DISTRICT (AD)
PURPOSE
93.1
To recognize the importance of the airport as a necessary air transportation and
emergency medical service facility. The District allows for aviation-related uses on the
Town of Stettler and County of Stettler No. 6 Airport.
LAND USES
93.2
Permitted Uses
-
Airport
-
Agricultural Operation
-
Ancillary Building or Ancillary Use
-
Emergency Service
-
Government Service
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
93.3
Discretionary Uses
-
Communication Antenna and Structure
-
Land Reclamation
-
Lease Bay Building
-
Office
-
Outdoor Storage
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Security/Operator Dwelling Unit
-
Warehousing and Storage
SITE REGULATIONS
93.4
In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
N/A
Lot Width
N/A
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building and Farm Building: 25 feet (7.62 meters)
-
Ancillary Building and Farm Building: see Section 43
Side Yard
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements
shall be the minimum yard distance.
Building Height
(maximum)
Any application for the use and development of land within this District shall be
subject to Section 42 of this Bylaw and further, subject to Section 23.7:
- All buildings, except Ancillary Building and Farm Building: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
- Farm Building: 82 ft (25 m)
and further:
- All buildings, except Farm Building:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
whichever is less.
Floor Area
N/A
Site Coverage
(maximum)
N/A
Floor Area Ratio
(maximum)
N/A
93.5
Development standards for uses not specified in Section 93.4 shall be determined by the
Development Authority.
93.6
Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
93.7
The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Restrictions on Approving a Development Permit
93.8
In making a decision on any development permit application within the Airport District, the
Development Authority:
a)
shall not approve any development permit application unless the application is
supported by the Stettler Airport Board. Notwithstanding this, support of an
application by the Board does not guarantee approval by the Development Authority;
b)
except in the case of an Agricultural Operation, shall not approve any development
permit application unless the applicant demonstrates to the satisfaction of the
Development Authority a direct need to locate the proposed development within the
Airport District for airport related uses only;
c)
shall not approve any development permit application that may, in the opinion of the
Development Authority, cause any objectionable or dangerous conditions that would
interfere with the safe and efficient operation of the airport; and
d)
shall consider the safety of flight operations as the highest priority.
MINIMUM SERVICING REQUIREMENTS
93.9
The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
93.10 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
93.11 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
93.12 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
93.13 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
93.14 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
93.15 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
94
COMMERCIAL DISTRICT (C)
PURPOSE
94.1
To provide for a diversity of retail and service commercial uses in typically highly
accessible locations and that display a high standard of appearance within the rural area.
LAND USES
94.2
Permitted Uses
-
Ancillary Building or Ancillary Use
-
Automotive Gas Bar
-
Automotive Repair - Minor
-
Automotive Service Station
-
Financial Institution
-
Food and Beverage Service Facility
-
Funeral Home
-
Government Service
-
Hotel
-
Motel
-
Office
-
Personal Service Facility
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or
adjacent to a hamlet or multi-lot subdivision
-
Recreation Facility - Indoor
-
Retail Store - Minor
94.3
Discretionary Uses
-
Agricultural Supply Depot - limited to sales and service of agricultural machinery and
equipment
-
Automotive and Minor Recreational Vehicle Sales/Rentals
-
Cannabis Retail Sales, subject to Section 48
-
Communication Antenna and Structure
-
Community Facility
-
Data Processing Centre
-
Land Reclamation
-
Lease Bay Building
-
Manufacturing, Processing or Assembly Facility - no nuisance, no outdoor storage, with
a retail outlet
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or
adjacent to a hamlet or multi-lot subdivision
-
Retail Store - Major
-
Security/Operator Dwelling Unit
-
Warehouse Sales
-
Warehousing and Storage - limited to self-storage facility
-
Any other suitable commercial use as determined by the Development Authority
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
SITE REGULATIONS
94.4
In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
5,000 ft2 (464.5 m2)
Lot Width
100 ft (30.48 m)
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 25 ft (7.62 m) except 32.81 ft (10 m) where
abutting a residential district, and the required yard shall be increased by 1.0 m (3 ft)
for each 3.0 metre in commercial building height above the first 3.0 metre.
-
Ancillary Building: see Section 43
Side Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 20 ft (6.10 m) except 27.81 ft (8.5 m) where
abutting a residential district, and the required yard shall be increased by 1.0 m (3 ft)
for each 3.0 metre in commercial building height above the first 3.0 metre.
-
Ancillary Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements
shall be the minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- All buildings, except Ancillary Building: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9
and further:
- All buildings:
- pitched roof - 22 ft (6.7 m) wall height at eaves
- flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
N/A
Site Coverage
(maximum)
N/A
Floor Area Ratio
(maximum)
2.0
94.5
Development standards for uses not specified in Section 94.4 shall be determined by the
Development Authority.
94.6
Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
94.7
The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Awareness of Agriculture
94.8
Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
Design, Character and Appearance of Buildings and Sites
94.9
Buildings shall be of new construction unless otherwise approved by the Municipal
Planning Commission.
94.10 All buildings shall be constructed and finished with durable materials. The Development
Authority may require that the appearance of metal, and/or concrete block be improved
with finishing materials that maintain an appearance which is characteristic of surrounding
development.
94.11 All outside storage and garbage containers shall be screened from roads to the
satisfaction of the Development Authority.
MINIMUM SERVICING REQUIREMENTS
94.12 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
94.13 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
94.14 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
94.15 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
94.16 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
94.17 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
COMPLIANCE WITH RELEVANT LEGISLATION
94.18 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
95
COUNTRY RESIDENCE DISTRICT (CR)
PURPOSE
95.1
To provide for the development of country residences in a rural setting. This District does
not apply to stand-alone parcels and must be developed as a serviced or un-serviced
multi-lot subdivision. The maximum parcel size discourages the keeping of livestock or
other agricultural pursuits, and these are not allowed in this District.
LAND USES
95.2
Permitted Uses
-
Ancillary Building or Ancillary Use - standard size, subject to Section 43.10
-
Detached Dwelling
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
95.3
Discretionary Uses
-
Ancillary Building or Ancillary Use - oversized, subject to Section 43.10
-
Assisted Living Facility
-
Bed and Breakfast Establishment
-
Communication Antenna and Structure
-
Community Facility
-
Duplex
-
Garden Suite
-
Home Business
-
Land Reclamation
-
Manufactured Home
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Secondary Suite
SITE REGULATIONS
95.4
In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
- Minimum: 1.0 acre (0.4047 hectare)
- Maximum: 3.0 acre (1.21 ha)
- Developable land: 1.0 acre (0.4047 ha)
Lot Width
164 ft (50 m)
Lot Depth
266 ft (81 m)
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 25 feet (7.62 meters)
-
Ancillary Building: see Section 43
Side Yard
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements shall be the
minimum yard distance.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Building Height
(maximum)
Subject to Section 23.7:
- All buildings, except Ancillary Building: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9
and further:
- All buildings:
- pitched roof - 22 ft (6.7 m) wall height at eaves
- flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
Detached Dwelling or Manufactured Home: ground floor area of 900 ft² (83.6 m²)
Site Coverage
(maximum)
N/A
Floor Area Ratio
(maximum)
N/A
95.5
Development standards for uses not specified in Section 95.4 shall be determined by the
Development Authority.
95.6
Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
95.7
The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
95.8
Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
Agricultural Operations
95.9
The keeping of livestock and other agricultural pursuits are prohibited in this District.
MINIMUM SERVICING REQUIREMENTS
95.10 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
95.11 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
95.12 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
95.13 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
95.14 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
95.15 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
95.16 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
96
COUNTRY RESIDENCE AGRICULTURAL DISTRICT (CR-A)
PURPOSE
96.1
To provide for the development of country residences in a rural setting either on stand-
alone parcels or in a serviced or un-serviced multi-lot subdivision. The range in parcel size
accommodates the keeping of livestock and other minor agricultural pursuits.
LAND USES
96.2
Permitted Uses
-
Agricultural Operation , subject to Section 96.8
-
Ancillary Building or Ancillary Use - standard size, subject to Section 43.10
-
Detached Dwelling
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
96.3
Discretionary Uses
-
Agricultural Operation, subject to Section 96.9
-
Ancillary Building or Ancillary Use - oversized, subject to Section 43.10
-
Assisted Living Facility
-
Bed and Breakfast Establishment
-
Communication Antenna and Structure
-
Community Facility
-
Contractor's Business - Home Based
-
Duplex
-
Garden Suite
-
Home Business
-
Land Reclamation
-
Manufactured Home
-
Recreational Vehicle or Recreational Vehicle - Park Model Recreational Unit, if the parcel of land
has an area of less than 80 acre (32.38 hectare), and subject to Section 96.18
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Second Detached Dwelling or Manufactured Home, except in a multi-lot subdivision
-
Secondary Suite
-
Value Added Agricultural Operation
SITE REGULATIONS
96.4
In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
- Minimum: 3 acre (1.21 ha)
- Maximum: 10 acre (4.05 ha)
- Developable land: 1.0 acre (0.4047 ha)
Lot Width
122 m (397 ft)
Lot Depth
100 m (328 ft)
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Side Yard
- Internal lot:
-
All buildings except Ancillary Building and Farm Building: 25 feet (7.62 meters)
-
Ancillary Building and Farm Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements
shall be the minimum yard distance.
Building Height
(maximum)
- Farm Building: 35 ft (10.7 m)
- Subject to Section 23.7:
-
All other buildings, except Ancillary Building: 32.8 ft (10 m)
-
Ancillary Building: refer to Section 43.9
and further
-
All buildings, except Farm Building:
a. pitched roof - 22 ft (6.7 m) wall height at eaves
b. flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
Detached Dwelling or Manufactured Home: ground floor area of 700 ft² (65 m²)
Site Coverage
(maximum)
50%
Floor Area Ratio
(maximum)
N/A
96.5
Development standards for uses not specified in Section 96.4 shall be determined by the
Development Authority.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
96.6
The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
96.7
Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
Agricultural Operation
96.8
Agricultural Operation as a permitted use in this District is limited to a livestock operation
subject to Section 96.10 and the growing and harvesting of crops and hay.
96.9
Agricultural Operation as a discretionary use in this District is limited to a livestock
operation subject to Section 96.12, a greenhouse, a nursery, a market garden, a fish farm,
a sod farm, bee keeping (apiary), a tree farm, a horse holding area including an associated
riding arena directly related and specifically devoted to the raising and breeding of horses,
and a fur farm.
96.10 The keeping of livestock pursuant to Section 96.8 and within the meaning of Section 96.11
is restricted as follows:
(a)
livestock is prohibited on a parcel of land less than 3.0 acre;
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(b)
the maximum allowable animal density is one livestock unit per usable acre of land
that is fenced and dedicated to the keeping of livestock; and
(c)
any shelter, other containment, feeding, handling and associated facilities shall be
set back a minimum of 75 m (246 feet) away from any residence, unless the
residence is associated with the operation.
96.11 For the purposes of Section 96.10, one (1) livestock unit shall mean:
(a)
One horse, pony, donkey, mule, ass, llama, alpaca, guanaco or cow; or
(b)
Seven sheep or goats; or
(c)
Two swine (excluding wild boar); or
(d)
Twenty chickens; or
(e)
Ten ducks, turkeys, pheasants, geese or similar fowl: or
(f)
Twenty rabbits or similar species;
and livestock under six months of age, being the offspring of animals kept on the subject
property pursuant to the regulations of Section 96, shall not be counted toward the
allowable livestock limit; and further the Development Authority shall determine the
number of animals that constitute one (1) livestock unit for any other types of animals not
mentioned above.
96.12 Notwithstanding the restrictions stipulated in Sections 96.10 and 96.11, the Development
Authority may approve a discretionary use development permit application for the keeping
of livestock with lesser restrictions if it is of the opinion that:
a)
the parcel size and location is suitable for the proposed use or development; and
b)
the proposed use or development will not detrimentally affect the amenities of
neighboring properties.
MINIMUM SERVICING REQUIREMENTS
96.13 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
96.14 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
96.15 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
96.16 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
96.17 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
96.18 A development permit for a Recreational Vehicle or a Recreational Vehicle - Park Model
Recreational Unit may be issued subject to Section 69 and shall include a condition that
the dwelling unit is connected to a certified public or private sewage disposal system while
being placed on a site; and further, the use of a Recreational Vehicle as a dwelling unit
shall comply with the regulations in Section 0.
96.19 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
96.20 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
97
COUNTRY RESIDENCE EQUESTRIAN DISTRICT (CR-E)
PURPOSE
97.1
To accommodate a multi-lot Country Residential development on the N ½ 35-38-20-W4
that reflects the unique characteristics of the site and provides for the restricted keeping
of horses pursuant to the policies in the Fix (Carlisle Estates) Area Structure Plan.
LAND USES
97.2
Permitted Uses
-
Agricultural Operation, subject to Section 97.9
-
Ancillary Building or Ancillary Use - maximum size of 1500 ft² (223.5 m²)
-
Detached Dwelling
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
97.3
Discretionary Uses
-
Ancillary Building or Ancillary Use - maximum size of 3000 ft² (278.70m²)
-
Communication Antenna and Structure
-
Garden Suite
-
Home Business
-
Land Reclamation
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
SITE REGULATIONS
97.4
In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
- Minimum: 0.61 ha (1.5 acre)
- Maximum: 2.0 ha (5 acre)
Lot Width
N/A
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 25 feet (7.62 meters)
-
Ancillary Building: see Section 43
Side Yard
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements
shall be the minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7, the lesser of:
A. Height limitations of Figure 1:
(i) Any application for the use and development of land within this District shall
be subject to the height limitations as indicated on Figure 1 forming part of
this District.
(ii) The height limitation indicated on Figure 1 and the height of a proposed use
will both be measured from the elevation of 2,686 ft (819.17 m) above sea
level which is deemed to be the airport's elevation.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(iii) A development permit shall not be issued for any use which exceeds the
height limitations shown on Figure 1.
or
B. General height limitations:
(i) All buildings, except Ancillary Building: 32.8 ft (10 m)
(ii) Ancillary Building: refer to Section 43.9
and further:
(iii) All buildings:
a. pitched roof - 22 ft (6.7 m) wall height at eaves
b. flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
Detached Dwelling: ground floor area of 1,100 ft² (102.2 m2)
Site Coverage
(maximum)
N/A
Floor Area
Ratio
(maximum)
N/A
97.5
Development standards for uses not specified in Section 97.4 shall be determined by the
Development Authority.
97.6
Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
97.7
The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
97.8
Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
Agricultural Operation
97.9
Each 3.0 acre (1.22 ha) or larger parcel in this District is permitted to keep a total of two
(2) horses. No other livestock, poultry or other Agricultural Operation shall be permitted in
this District.
MINIMUM SERVICING REQUIREMENTS
97.10 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
97.11 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
97.12 Where a municipal sewage disposal system is not available, it is the landowner or
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
97.13 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
97.14 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
97.15 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
97.16 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
FIGURE 1
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
98
COUNTRY RESIDENCE RECREATIONAL DISTRICT (CRR)
PURPOSE
98.1
To provide for the development of country residences in the vicinity of recreational
amenities. This District does not apply to stand-alone parcels and must be developed as
a serviced or un-serviced multi-lot subdivision. The maximum parcel size discourages the
keeping of livestock or other agricultural pursuits, and these are not allowed in this District.
LAND USES
98.2
Permitted Uses
-
Ancillary Building or Ancillary Use - standard size, subject to Section 43.10
-
Detached Dwelling
-
Recreational Vehicle, subject to Section 98.14
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
98.3
Discretionary Uses
-
Ancillary Building or Ancillary Use - oversized, subject to Section 43.10
-
Communication Antenna and Structure
-
Garden Suite
-
Home Business
-
Land Reclamation
-
Manufactured Home
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Recreational Vehicle - Park Model Recreational Unit subject to Section 98.14
SITE REGULATIONS
98.4
In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
- Minimum: 1 acre (0.4047 ha)
- Maximum: 3.0 acre (1.21 ha)
- Developable land: 1.0 acre (0.4047 ha)
Lot Width
N/A
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 25 feet (7.62 meters)
-
Ancillary Building: see Section 43
Side Yard
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements
shall be the minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- All buildings, except Ancillary Building: 26.25 ft (8 m)
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
- Ancillary Building: refer to Section 43.9
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
Detached Dwelling or Manufactured Home: ground floor area of 900 ft² (83.6 m2)
Site Coverage
(maximum)
30%
Floor Area Ratio
(maximum)
N/A
98.5
Development standards for uses not specified in Section 98.4 shall be determined by the
Development Authority.
98.6
Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
98.7
The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
98.8
Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
MINIMUM SERVICING REQUIREMENTS
98.9
The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
98.10 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
98.11 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
98.12 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
98.13 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
98.14 A development permit for a Recreational Vehicle or a Recreational Vehicle - Park Model
Recreational Unit may be issued subject to Section 69 and shall include a condition that
the dwelling unit is connected to a certified public or private sewage disposal system while
being placed on a site; and further, the use of a Recreational Vehicle as a dwelling unit
shall comply with the regulations in Section 0.
98.15 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
98.16 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
99
COUNTRY RESIDENCE - SMALL LOT DISTRICT (CR-SL)
PURPOSE
99.1
To provide for small lot residential development outside of hamlets, for example on land
adjacent to a Village.
LAND USES
99.2
Permitted Uses
-
Ancillary Building or Ancillary Use - standard size, subject to Section 43.10
-
Detached Dwelling
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
99.3
Discretionary Uses
-
Ancillary Building or Ancillary Use - oversized, subject to Section 43.10
-
Bed and Breakfast Establishment
-
Boarding house
-
Community Facility
-
Duplex
-
Garden Suite
-
Home Business
-
Land Reclamation
-
Manufactured Home
-
Multi-attached Dwelling
-
Multiple Family Dwelling
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Secondary Suite
SITE REGULATIONS
99.4
In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
5,000 ft2 (464.5 m2)
Lot Width
50 ft (15.24 m)
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 25 ft (7.62 m)
-
Ancillary Building: see Section 43
Side Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 5 ft (1.52 m)
-
Ancillary Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements
shall be the minimum yard distance.
Building Height
Subject to Section 23.7
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(maximum)
- All buildings, except Ancillary Building: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
-
Detached Dwelling or Manufactured Home: ground floor area of 700 ft² (65 m²)
Site Coverage
(maximum)
N/A
Floor Area Ratio
(maximum)
N/A
99.5
Development standards for uses not specified in Section 99.4 shall be determined by the
Development Authority.
99.6
Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to
Section 24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
99.7
The permitted and discretionary uses and the standards and regulations of this District
are subject to the relevant provisions of the Municipal Development Plan and any
applicable inter-municipal development plan or area structure plan.
Awareness of Agriculture
99.8
Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
MINIMUM SERVICING REQUIREMENTS
99.9
The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
99.10 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private
utilities shall not be allowed.
99.11 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems
Regulation (Alberta Regulations 229/1997) and the Alberta Private Sewage Systems
Standard of Practice under the Safety Codes Act relative to the servicing of any
development in this District by means of a private sewage disposal system.
99.12 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
99.13 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
99.14 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
99.15 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
100
HAMLET COMMERCIAL DISTRICT (HC)
PURPOSE
100.1 To allow for commercial development within hamlets and for discretionary residential
development where considered appropriate.
LAND USES
100.2 Permitted Uses
-
Ancillary Building or Ancillary Use
-
Automotive Gas Bar
-
Financial Institution
-
Food and Beverage Service Facility
-
Funeral Home
-
Government Service
-
Hotel
-
Motel
-
Office
-
Personal Service Facility
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
-
Recreation Facility - Indoor
-
Repair Services [1631-20]
-
Retail Store - Minor
100.3 Discretionary Uses
-
Agricultural Supply Depot - limited to sales and service of agricultural machinery and equipment
-
Assisted Living Facility
-
Automotive and Minor Recreational Vehicle Sales/Rentals
-
Automotive Repair - Minor
-
Automotive Service Station
-
Campground
-
Cannabis Retail Sales, subject to Section 48
-
Communication Antenna and Structure
-
Community Facility
-
Day Care Facility [1631-20]
-
Land Reclamation
-
Lease Bay Building
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Retail Store - Major
-
Any other suitable commercial use as determined by the Development Authority
-
Any suitable dwelling unit as determined by the Development Authority, provided that such use is
listed as a permitted use or a discretionary use in the Hamlet Residential District, and subject to
Section 100.9.
SITE REGULATIONS
100.4 In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
5,000 ft2 (464.5 m2)
Lot Width
50 ft (15.24 m), except in the Hamlet of Gadsby, minimum lot width: 25 ft. (7.62 m)
Lot Depth
N/A
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - Dwelling Unit: 25 ft (7.62 m)
- All other buildings: zero
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 10 ft (3.05 m), except 25 ft (7.62 m) where
abutting a residential district
-
Ancillary Building: see Section 43
Side Yard
- Road frontage: See Front Yard, except in the Hamlet of Botha and the Hamlet of Gadsby
where the minimum side yard requirement where it abuts a road or street shall be NIL,
unless otherwise required by the Alberta Building Code
[1631-20]
- Internal lot:
-
Dwelling Unit: 5 ft (1.52 m)
-
All other buildings except Ancillary Building: zero, except 10 ft (3.05 m) where abutting a
residential district, and the required yard shall be increased by 1.0 m in depth for each
3.0 metre of commercial building height above the first 3.0 metre.
-
Ancillary Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements shall be the
minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- All buildings, except Ancillary Building: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9, notwithstanding Section 43.9(a) and the
definition of height in Section 9, the maximum height of an ancillary building in
the Hamlet of Botha shall be 7.5 m (24.6 ft.) or the height of the principal
building, whichever is less, and height shall be measured to the highest peak of
the roof [1631-20]
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
N/A
Site Coverage
(maximum)
N/A
Floor Area Ratio
(maximum)
2.0
100.5 Development standards for uses not specified in Section 100.4 shall be determined by the
Development Authority.
100.6 Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
100.7 The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
100.8 Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
Residential Development
100.9 Residential development in this District shall follow the site regulations, development
standards and additional regulations for the corresponding type of residential development
in the Hamlet Residential District.
Design, Character and Appearance of Buildings and Sites
100.10 Buildings shall be of new construction unless otherwise approved by the Municipal
Planning Commission.
100.11 All buildings shall be constructed and finished with durable materials. The Development
Authority may require that the appearance of metal, and/or concrete block be improved
with finishing materials that maintain an appearance which is characteristic of surrounding
development.
MINIMUM SERVICING REQUIREMENTS
100.12 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
100.13 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
100.14 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
100.15 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
100.16 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
100.17 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
100.18
It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
101
HAMLET INDUSTRIAL DISTRICT (HI)
PURPOSE
101.1 To allow for light industrial development within hamlets that may carry out a portion of their
operation outdoors but generally are required to screen such areas. Any nuisance
associated with such uses should generally not extend outside an enclosed building.
LAND USES
101.2 Permitted Uses
-
Agricultural Supply Depot limited to farm equipment sales and services
-
Ancillary Building or Ancillary Use
-
Auction Mart - No Livestock
-
Automotive and Minor Recreational Vehicle Sales/Rentals
-
Contractor's Business
-
Government Service
-
Industrial/Commercial Training Facility
-
Office
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
-
Repair Services
-
Veterinary Clinic
-
Warehousing and Storage - excluding trucking and freight terminal
101.3 Discretionary Uses
-
Agricultural Operation
-
Agricultural Supply Depot
-
Automotive Repair - Minor
-
Automotive Repair - Major
-
Automotive Service Station
-
Cannabis Retail Sales, subject to Section 48
-
Communication Antenna and Structure
-
Crematorium
-
Food and Beverage Service Facility
-
Heavy Equipment Sales/Rental
-
Heavy Equipment Service and Repair
-
Kennel
-
Land Reclamation
-
Lease Bay Building
-
Manufacturing, Processing or Assembly Facility
-
Oilfield Service or Supply Business - Minor
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Recreation Facility - Indoor
-
Recreation Facility - Outdoor
-
Retail Store - Minor
-
Security/Operator Residential Unit
-
Truck and Manufactured Home Sales/Rentals
-
Warehouse Sales
-
Warehousing and Storage
-
Waste Management Facility
-
Any other suitable industrial use as determined by the Development Authority
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
SITE REGULATIONS
101.4 In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
1.0 acre (0.4047 ha), except in the Hamlet of Gadsby: minimum parcel area: 4.843
ft2 (450 m2), parcel frontage: 49.2 ft. (15.0 m)
Lot Width
98.4 ft (30 m)
Lot Depth
114.8 ft (35 m)
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
- Not withstanding the above, in the Hamlet of Gadsby front yard: 21.3 ft (6.5 m)
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 10 ft. (3.05 m), except 25 ft (7.62 m) where
abutting a residential district
-
Ancillary Building: see Section 43
-
Notwithstanding the above, in the Hamlet of Gadsby rear yard: Nil except for 19.7 ft.
)6.0 m) where adjacent to a residential district or abutting a public road other than a
lane or abutting railway right of way
Side Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: zero, except 10 ft (3.05 m) where abutting a
residential district, and the required yard shall be increased by 1.0 m in depth for each
3.0 metre of commercial building height above the first 3.0 metre.
-
Ancillary Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements
shall be the minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- All buildings, except Ancillary Building: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
-
Notwithstanding the above, in the Hamlet of Gadsby all buildings 32.8 ft. (10 m)
Floor Area
N/A
Site Coverage
(maximum)
40%
Floor Area Ratio
(maximum)
N/A
101.5 Development standards for uses not specified in Section 101.4 shall be determined by the
Development Authority.
101.6 Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
101.7 The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Design, Character and Appearance of Buildings and Sites
101.8 Buildings shall be of new construction unless otherwise approved by the Municipal
Planning Commission.
101.9 All buildings shall be constructed and finished with durable materials. The Development
Authority may require that the appearance of metal, and/or concrete block be improved
with finishing materials that maintain an appearance which is characteristic of surrounding
development.
101.10 No operation or activity associated with any use in this District shall be permitted which
would create a nuisance effect from noise, odour, earthborne vibrations, heat, intense light
sources or dust, outside an enclosed building.
101.11 All loading, service, garbage collection and outdoor storage areas (where permitted), shall
be located to the rear and sides of the principal building and shall be screened from view
from any public roadway other than an alley, and from adjacent sites by a wall, landscape
materials, berms, fences, or a combination of these features, to the satisfaction of the
Development Authority.
Safety and Environmental Impact
101.12 Safety and environmental assessment are integral components of the industrial
development review process. Where there are potential effects associated with a
proposed development, a Development Authority may require an applicant to retain a
qualified professional acceptable to the Development Authority to provide an
environmental impact assessment report of the proposed development, in determining
whether the proposed development is to be approved, approved with conditions, or
refused.
MINIMUM SERVICING REQUIREMENTS
101.13 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
101.14 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
101.15 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
101.16 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
101.17 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
101.18 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
101.19 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
101.20 A license, permit approval or other authorization granted by a Federal or Provincial agency
or Crown-controlled organization may prevail over this bylaw or a development decision
by a development officer, and/or Subdivision and Development Appeal board pursuant to
Federal or Provincial Legislation. When an application is received by the County for a Land
Use Bylaw amendment or development permit and the application is consistent with a
license, permit, approval or other authorization granted by a Federal or Provincial agency
or Crown-controlled organization, the County must approve the application to the extent
that it complies with the license, permit, approval or other authorization granted.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
102
HAMLET RESIDENTIAL DISTRICT (HR)
PURPOSE
102.1 To provide for residential development within hamlets.
LAND USES
102.2 Permitted Uses
-
Ancillary Building or Ancillary Use - standard size, subject to Section 43.10
-
Detached Dwelling
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
102.3 Discretionary Uses
-
Assisted Living Facility
-
Ancillary Building or Ancillary Use - oversized, subject to Section 43.10
-
Bed and Breakfast Establishment
-
Boarding house
-
Community Facility
-
Duplex
-
Garden Suite
-
Home Business
-
Land Reclamation
-
Manufactured Home; subject to Section 102.9
-
Multi-attached Dwelling
-
Multiple Family Dwelling
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Secondary Suite
-
Special Dwelling Unit Type as defined in Section 9
SITE REGULATIONS
102.4 In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
5,000 ft2 (464.5 m2)
Notwithstanding the above, in the Hamlet of Botha the following minimum lot areas
shall also apply:
- Duplex 280 m2 (3552 ft2) per unit
- Multi-attached Dwelling 185 m2 (1991 ft2) per unit
In the Hamlet of Gadsby the following minimum lot area shall also apply
- Duplex & Multi Family 250 m2 (2690 ft2)
Lot Width
50 ft. (15.24 m)
Notwithstanding the above, in the Hamlet of Botha and the Hamlet of Gadsby the
following minimum lot widths shall apply:
- Detached dwelling, manufactured/modular homes 12.8 m (42.0 ft.)
- Duplex 7.5 m (24.6 ft.) per unit for interior lots, and 10.5 m (34.5 ft.) per unit for
corner lots
- Multi-Attached: Fourplex 15.25 m (50 ft.) for interior lots, and 18.25 m (60 ft.) for
corner lots
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
- Multi-Attached: Row housing 6.0 m (19.7 ft.) per unit for interior units, 7.5 m (24.6
ft.) per unit for end units, and 9.0m (29.5 ft.) per unit for corner lots
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft. (7.62
m), except in the Hamlet of Botha and the Hamlet of Gadsby where the minimum front
yard requirement is 6.0 m (19.7 ft.)
[1631-20]
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 25 ft. (7.62 m)
-
Ancillary Building: see Section 43
-
Notwithstanding the above, in the Hamlet of Gadsby the following minimum rear yard
setback shall apply: All buildings except Ancillary Buildings: 24 ft. (7.5 m)
Side Yard
- Road frontage: see Front Yard, except in the Hamlet of Botha where the minimum side
yard requirement where it abuts a road or street is 3.0m (9.8ft.) or 6.0m (19.7 ft.) for
Multiple Family Dwellings [1631-20]
- Internal lot:
-
All buildings except Ancillary Building: 5 ft (1.52 m), except in the Hamlet of Botha
where the minimum side yard requirement for Multiple Family Dwellings shall be 3.0 m
(9.8 ft.) [1631-20]
-
Ancillary Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements
shall be the minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7, notwithstanding Section 43.9(a) and the definition of height in
Section 9, height shall be measured to the highest peak of the roof within the
Hamlet Residential District: [1631-20]
- All buildings, except Ancillary Building: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9, notwithstanding Section 43.9(a), the
maximum height of an ancillary building in the Hamlet of Botha shall be 7.5 m
(24.6 ft.) or the height of the principal building, whichever is less. [1631-20]
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
-
Detached Dwelling or Manufactured Home: ground floor area of 700 ft² (65 m²)
Site Coverage
(maximum)
N/A, except in the Hamlet of Botha and the Hamlet of Gadsby where maximum site
coverage is 55% and the calculation excludes patios and decks.
Floor Area Ratio
(maximum)
N/A
102.5 Development standards for uses not specified in Section 102.4 shall be determined by the
Development Authority.
102.6 Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
102.7 The permitted and discretionary uses and the standards and regulations of this District are
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
102.8 Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
Manufactured Home Prohibited
102.9
The development of a Manufactured Home is prohibited on the following properties
in the Hamlet of Erskine: Lots 1 to 6, Block 2, Plan 1623372 and Lots 1 to 5, Block 3, Plan
1623372.
MINIMUM SERVICING REQUIREMENTS
102.10 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
102.11 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
102.12 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
102.13 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
102.14 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
102.15 For any development in this District, except those developments that are deemed
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
102.16 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
103
HIGHWAY COMMERCIAL DISTRICT (HWY-C)
PURPOSE
103.1 To provide for a diversity of commercial, recreational and tourist type activities which
require large areas for display, client parking or both in prominent highway locations and
uses that may be required by the public traveling on adjacent highways.
LAND USES
103.2 Permitted Uses
-
Ancillary Building or Ancillary Use
-
Automotive Gas Bar
-
Automotive Repair - Minor
-
Automotive Service Station
-
Food and Beverage Service Facility
-
Government Service
-
Hotel
-
Motel
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
-
Retail Store - Minor
103.3 Discretionary Uses
-
Agricultural Supply Depot
-
Automotive and Minor Recreational Vehicle Sales/Rentals
-
Cannabis Retail Sales, subject to Section 48
-
Communication Antenna and Structure
-
Heavy Equipment Sales/Rentals
-
Land Reclamation
-
Lease Bay Building
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Recreation Facility - Indoor
-
Recreational Vehicle Park, subject to Section 103.12
-
Retail Store - Major
-
Security/Operator Dwelling Unit
-
Truck and Manufactured Home Sales/Rentals
-
Warehousing and Storage - limited to self-storage
-
Any other suitable commercial use as determined by the Development Authority
SITE REGULATIONS
103.4 In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
5,000 ft2 (464.5 m2)
Lot Width
- 100 ft (30.48 m) adjacent to a service or local road
- 147.6 ft (45 m) adjacent to a highway without a service or local road
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
-
All buildings except Ancillary Building: 10 ft (3.05 m), except 25 ft (7.62 m) where
abutting a residential district
-
Ancillary Building: see Section 43
Side Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 10 ft (3.05 m) on one side and zero on the
other, except 10 ft (3.05 m) where abutting a residential district, and the required yard
shall be increased by 1.0 m in depth for each 3.0 metre of commercial building height
above the first 3.0 metre.
-
Ancillary Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements
shall be the minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- All buildings, except Ancillary Building: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
N/A
Site Coverage
(maximum)
N/A
Floor Area Ratio
(maximum)
2.0
103.5 Development standards for uses not specified in Section 103.4 shall be determined by the
Development Authority.
103.6 Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
103.7 The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
103.8 Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
Design, Character and Appearance of Buildings and Sites
103.9 Buildings shall be of new construction unless otherwise approved by the Municipal
Planning Commission.
103.10 All buildings shall be constructed and finished with durable materials. The Development
Authority may require that the appearance of metal, and/or concrete block be improved
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
with finishing materials that maintain an appearance which is characteristic of surrounding
development.
103.11 All outside storage and garbage containers shall be screened from roads to the
satisfaction of the Development Authority.
Recreational Vehicle Park
103.12 The design of any Recreational Vehicle Park shall comply with the provisions of Section 77.
MINIMUM SERVICING REQUIREMENTS
103.13 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
103.14 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
103.15 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
103.16 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
103.17 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
103.18 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
103.19 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
104
HIGHWAY MIXED USE DISTRICT (HWY-MU)
PURPOSE
104.1 The purpose of this district is to provide a regulatory framework to control industrial,
commercial and other development on the following properties:
1) Lot 1A, Block 1, Plan 1621077
2) Lot 2A, Block 1, Plan 1621077
3) Lot 4A and Lot 5A, Block 1, Plan 1621077
4) Lot 1 Block 1 Plan 0621945
5) Lot 2 Block 1 Plan 1324821
6) Remainder Lot 3 Block 1 Plan 1124110
7) Lot C Plan 6011NY
8) Lot R and Lots 1 - 6 Plan 3966MC
9) Lot 9, Block 1, Plan 1423672, Lots 11, 12, 13, 14, 15 and 16, Block 1, Plan 1525245
and Lots 1 to 5, Block 2, Plan 1420412 (Heartland Business Park)
10) Lot 1, Block 1, Plan 1622546 (NW-30-38-16-W4M).
The intent is to allow existing development to continue, to facilitate the development of
new mixed use developments that comply with the Commercial and Industrial Design
Guidelines and to control, buffer and screen potentially noxious industrial activities.
LAND USES
104.2 Permitted Uses
-
Agricultural Operation, subject to Section 104.9
-
Ancillary Building or Ancillary Use (Residential) - standard size, subject to Section 43.10
-
Detached Dwelling, subject to Section 104.10
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
104.3 Discretionary Uses, subject to Section 104.11
-
Agricultural Supply Depot
-
Ancillary Building or Ancillary Use (Industrial or non-residential) - size shall be determined at the
discretion of the Development Authority
-
Ancillary Building or Ancillary Use (Residential) - oversized, subject to Section 43.10
-
Communication Antenna and Structure
-
Contractor's Business
-
Contractor's Business - Home Based, subject to Section 104.12
-
Land Reclamation
-
Lease Bay Building
-
Manufacturing, Processing or Assembly Facility
-
Office
-
Oilfield Service or Supply Business - Minor
-
Oilfield Service or Supply Business - Major
-
Outdoor Storage, subject to Section 104.14(d)
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Security/Operator Dwelling Unit
104.4 Discretionary Uses for Highway Commercial, subject to Section 104.13
-
Automotive and Minor Recreational Vehicle Sales/Rentals
-
Automotive Gas Bar
-
Automotive Repair - Major
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
104.4 Discretionary Uses for Highway Commercial, subject to Section 104.13
-
Automotive Repair - Minor
-
Automotive Service Station
-
Cannabis Retail Sales, subject to Section 48
-
Food and Beverage Service Facility
-
Heavy Equipment Sales/Rentals
-
Hotel
-
Land Reclamation
-
Motel
-
Personal Service Facility on Lot 1, Block 2, Plan 142 0412
-
Personal Service Facility on Lot 2, Block 2, Plan 062 0139
-
Recreation Facility - Indoor
-
Retail Store - Major
-
Retail Store - Minor
-
Truck & Manufactured Home Sales/Rentals
-
Warehousing and Storage - limited to self-storage
-
Any other suitable commercial use as determined by the Development Authority
SITE REGULATIONS
104.5 In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
1 acre (0.4047 ha)
Lot Width
98.4 ft (30 m)
Lot Depth
114.8 ft (35 m)
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building and Farm Building: 10 ft (3.05 m), except 25 ft
(7.62 m) where abutting a residential district
-
Ancillary Building and Farm Building: see Section 43
Side Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building and Farm Building: 10 ft (3.05 m), except 25 ft
(7.62 m) where abutting a residential district, and the required yard shall be increased
by 1.0 m in depth for each 3.0 metre of commercial building height above the first 3.0
metre.
-
Ancillary Building and Farm Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements shall be the
minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- All buildings, except Ancillary Building: 32.8 ft (10 m)
- Ancillary Building: 25 feet (7.62 m)
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
N/A
Site Coverage
(maximum)
50%
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Floor Area Ratio
(maximum)
N/A
104.6 Development standards for uses not specified in Section 104.5 shall be determined by the
Development Authority.
104.7 Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
104.8 The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Agricultural Operation
104.9 Agricultural Operation in this District is allowed on Lots 1 to 6 Plan 3966MC, Lot C Plan
6011NY, Lot 5A, Block 1, Plan 1621077 and Lot 1, Block 1, Plan 1622546 (NW 30-38-16-
W4M) only. On Lots 1 to 6 Plan 3966MC Agricultural Operation shall comply with the
regulations for Agricultural Operation as prescribed for permitted and discretionary uses
under the Country Residence - Agricultural District. On Lot C Plan 6011NY, Lot 5A, Block
1, Plan 1621077 and Lot 1, Block 1, Plan 1622546 (NW 30-38-16-W4M) Agricultural
Operation shall have the same meaning as and shall comply with the regulations for
Agricultural Operation under the Agricultural District.
Detached Dwelling
104.10 Detached Dwelling in this District is allowed on Lots 1-6 Plan 3966MC, Lot C Plan 6011NY,
Lot 5A, Block 1, Plan 1621077 and Lot 1, Block 1, Plan 1622546 (NW 30-38-16-W4M)
only.
Discretionary Uses On Lots 1 - 6 Plan 3966MC, Lot C Plan 6011NY and Lot 5A, Block 1, Plan
1621077
104.11 Discretionary uses on Lots 1 to 6 Plan 3966MC, Lot C Plan 6011NY and Lot 5A, Block 1,
Plan 1621077 are limited to 'Ancillary Building or Ancillary Use (Residential) - oversized,
subject to Section 43.10', 'Contractor's Business - Home Based' subject to Section 55,
'Ancillary Building or Ancillary Use (Industrial or Non-residential) only if a Contractor's
Business - Home Based is in operation and 'Public or Private Road and Utility, windmill
and stand-alone solar panel only'.
Contractor's Business - Home Based
104.12 Contractor's Business - Home Based is allowed on Lots 1 to 6 Plan 3966MC, Lot C Plan
6011NY and Lot 5A, Block 1, Plan 1621077 only, subject to Section 55. The floor area
and height restrictions of a building containing a Contractor's Business - Home Based
and of an associated 'Ancillary Building or Ancillary Use (Industrial or Non-residential) shall
be subject to Section 43.10.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Highway Commercial Uses
104.13 In addition to those discretionary uses listed under Section 104.3, the discretionary uses
listed in Section 104.4 shall apply only to Lot 2 Block 1 Plan 1324821, Remainder Lot 3
Block 1 Plan 1124110 as well as Lot 9, Block 1, Plan 1423672, Lots 11, 12, 13, 14, 15 and
16, Block 1, Plan 1525245 and Lots 1 to 5, Block 2, Plan 1420412 (Heartland Business Park).
Design, Character and Appearance of Buildings and Sites
104.14 Existing development will be permitted to continue unchanged by the Development
Authority issuing a new development permit to each existing use immediately upon the
adoption of this bylaw. Subsequent to the adoption of this bylaw and the issuing of the
new development permits, any new or additional industrial or commercial type
development for which a development permit is required shall be required to comply with
the following regulations:
(a)
New buildings shall be of new construction unless otherwise approved by the
Municipal Planning Commission. All new buildings shall be constructed and finished
with durable materials and shall comply with Section 51 - Commercial & Industrial
Guidelines. The Development Authority may require that the appearance of metal,
and/or concrete block is improved with finishing materials that maintain an
appearance which is characteristic of surrounding development.
(b)
All development shall be undertaken in accordance with the plans and specifications
submitted with and approved pursuant to a development permit and any other
approvals pertaining to the Lands, to the satisfaction of the Development Authority.
(c)
The keeping of any object or chattel in a location that is visible to the travelling public
and which in the opinion of the Development Authority is unsightly or adversely
affects the amenities of the area, is prohibited.
(d)
When issuing a Development Permit for new development that occurs after the
adoption this bylaw or when the boundaries of a parcel are adjusted, the
Development Authority may, as a condition of the new Development Permit or as an
amendment to a previously issued Development Permit, prohibit outdoor storage in
the front yard and/or require that the premises shall be fenced along any and all
property boundaries where outdoor storage is visible from any highway or public
road and/or that landscaping shall be provided and maintained, to the satisfaction of
the Development Authority, which may include considerations for the screening
fence to be of a durable finish that incorporates and complements any buildings and
shall include architectural design in the form of colour variation or other method of
accentuation to break up monotony and size/height/length of the fence.
(e)
Prior to approving a development permit the Development Authority shall be
satisfied that the design, finish and maintenance/upkeep of a development including
advertising signs, throughout the lifetime of the facility, are compatible with the
amenities and character of existing development in the surrounding area, specifically
considering the fact that this facility is located in a prominent location.
(f)
New development has to comply with Section 51 Commercial and Industrial Design
Guidelines.
Industrial Safety and Environmental Impact
104.15 Safety and environmental assessment are integral components of the industrial
development review process. Where there are potential effects associated with a
proposed development, a Development Authority may require an applicant to retain a
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
qualified professional acceptable to the Development Authority to provide an
environmental impact assessment report of the proposed development, in determining
whether the proposed development is to be approved, approved with conditions, or
refused.
104.16 No operation or activity with any use in this District shall be permitted which would create
a nuisance effect from noise, odour, earthborne vibrations, heat, intense light sources or
dust beyond the boundaries of the site.
Time Limitation
104.17 All existing industrial developments and Contractor's Businesses - Home Based will be
issued a new development permit at the time of adoption of this Bylaw. Any industrial or
Contractor's Business - Home Based development permit issued in this District following
the adoption of this Bylaw shall be a time limited permit and the period of time for which
the permit remains valid shall coincide with the period of time for which the development
permit owner is the occupant or operator of the buildings or use approved under that
development permit.
MINIMUM SERVICING REQUIREMENTS
104.18 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
104.19 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
104.20 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
104.21 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
104.22 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
available at the following website: http://environment.alberta.ca/01326.html.
104.23 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
104.24 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act, the Water Act, the Environmental
Protection and Enhancement Act and/or the Public Highways Development Act.
104.25 A license, permit approval or other authorization granted by a Federal or Provincial agency
or Crown-controlled organization may prevail over this bylaw or a development decision
by a development officer, and/or Subdivision and Development Appeal board pursuant to
Federal or Provincial Legislation. When an application is received by the County for a Land
Use Bylaw amendment or development permit and the application is consistent with a
license, permit, approval or other authorization granted by a Federal or Provincial agency
or Crown-controlled organization, the County must approve the application to the extent
that it complies with the license, permit, approval or other authorization granted.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
105
INDUSTRIAL DISTRICT (IND)
PURPOSE
105.1 To permit a range of industrial uses that may carry out a portion of their operation outdoors
or require outdoor storage areas. Any nuisance associated with such uses should
generally not extend beyond the boundaries of the site.
LAND USES
105.2 Permitted Uses
-
Agricultural Operation
-
Agricultural Supply Depot - limited to farm equipment sales and service
-
Ancillary Building or Ancillary Use
-
Auction Mart - No Livestock
-
Auction Mart - Livestock
-
Automotive and Minor Recreational Vehicle Sales/Rentals
-
Contractor's Business
-
Crematorium
-
Government Service
-
Industrial/Commercial Training Facility
-
Office
-
Oilfield Service or Supply Business - Minor
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
-
Truck and Manufactured Home Sales/Rentals
-
Veterinary Clinic
-
Warehousing and Storage
105.3 Discretionary Uses
-
Agricultural Supply Depot
-
Automotive Service Station
-
Automotive Repair - Major
-
Automotive Repair - Minor
-
Cannabis Retail Sales, subject to Section 48
-
Communication Antenna and Structure
-
Data Processing Centre
-
Heavy Equipment Sales/Rentals
-
Heavy Equipment Service and Repair
-
Kennel
-
Land Reclamation
-
Lease Bay Building
-
Manufacturing, Processing or Assembly Facility
-
Oilfield Service or Supply Business - Major
-
Outdoor Storage
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Salvage and Recycling Facility
-
Sand, Gravel and Surface Mineral Extraction for a period of five (5) years or less and has a
disturbance area that is less than five (5) hectares
-
Sand, Gravel and Surface Mineral Processing for a period of five (5) years or less and has a
disturbance area that is less than five (5) hectares
-
Security/Operator Dwelling Unit
-
Value-added Agricultural Industry
-
Waste Management Facility
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
105.3 Discretionary Uses
-
Work Camp
SITE REGULATIONS
105.4 In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
1 acre (0.4047 ha)
Lot Width
98.4 ft (30 m)
Lot Depth
114.8 ft (35 m)
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building and Farm Building: 10 ft (3.05 m), except 25 ft
(7.62 m) where abutting a residential district
-
Ancillary Building and Farm Building: see Section 43
Side Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building and Farm Building: 10 ft (3.05 m), except 25 ft
(7.62 m) where abutting a residential district, and the required yard shall be increased
by 1.0 m in depth for each 3.0 metre of commercial building height above the first 3.0
metre.
-
Ancillary Building and Farm Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements shall be the
minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- All buildings, except Ancillary Building: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
N/A
Site Coverage
(maximum)
50%
Floor Area Ratio
(maximum)
N/A
105.5 Development standards for uses not specified in Section 105.4 shall be determined by the
Development Authority.
105.6 Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
105.7 The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Design, Character and Appearance of Buildings and Sites
105.8 Buildings shall be of new construction unless otherwise approved by the Municipal
Planning Commission.
105.9 All buildings shall be constructed and finished with durable materials. The Development
Authority may require that the appearance of metal, and/or concrete block be improved
with finishing materials that maintain an appearance which is characteristic of surrounding
development.
105.10 No operation or activity associated with any use in this District shall be permitted which
would create a nuisance effect from noise, odour, earthborne vibrations, heat, intense light
sources or dust beyond the boundaries of the site.
Safety and Environmental Impact
105.11 Safety and environmental assessment are integral components of the industrial
development review process. Where there are potential effects associated with a
proposed development, a Development Authority may require an applicant to retain a
qualified professional acceptable to the Development Authority to provide an
environmental impact assessment report of the proposed development, in determining
whether the proposed development is to be approved, approved with conditions, or
refused.
MINIMUM SERVICING REQUIREMENTS
105.12 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
105.13 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
105.14 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
105.15 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
available at the following website: http://environment.alberta.ca/01326.html.
105.16 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
105.17 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
105.18 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
105.19 A license, permit approval or other authorization granted by a Federal or Provincial agency
or Crown-controlled organization may prevail over this bylaw or a development decision
by a development officer, and/or Subdivision and Development Appeal board pursuant to
Federal or Provincial Legislation. When an application is received by the County for a Land
Use Bylaw amendment or development permit and the application is consistent with a
license, permit, approval or other authorization granted by a Federal or Provincial agency
or Crown-controlled organization, the County must approve the application to the extent
that it complies with the license, permit, approval or other authorization granted.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
106
MANUFACTURED HOME PARK DISTRICT (MHP)
PURPOSE
106.1 To provide for a comprehensively designed manufactured home park that may include
recreation facilities for the use and enjoyment of park residents.
LAND USES
106.2 Permitted Uses
-
Ancillary Building or Ancillary Use
-
Home Business - Minor
-
Manufactured Home
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
106.3 Discretionary Uses
-
Land Reclamation
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Recreation Facility - Indoor (private only)
-
Recreation Facility - Outdoor (private only)
SITE REGULATIONS
106.4 In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Density
(maximum)
20 dwelling units per hectare (8 dwelling units per acre)
Park Area
(minimum)
0.50 ha (1.3 ac)
Lot Area
360 m² (3,875 ft²) per manufactured home stall
Lot Width
12 m (39 ft) per manufactured home stall
Lot Depth
30 m (98 ft) per manufactured home stall
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
- Private road or parking area internal to the manufactured home park - all
buildings 12 ft (3.66 m) from the manufactured home stall boundaries.
Rear Yard
and
Side Yard
For the manufactured home park:
- Road frontage: see Front Yard
- Internal lot: the minimum side yard or rear yard setback for all buildings from the
manufactured home park boundaries is 25 feet (7.62 meters).
For each individual manufactured home stall within the park, subject to Section 106.9(d):
- Internal manufactured home stall with a detached garage or with a minimum of two front
yard parking stalls or with rear lanes:
-
All buildings except Ancillary Building, Recreation Facility - Indoor and
Security/Operator Office: 5 feet (1.5 meters) from the manufactured home stall
boundaries.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Continue - Rear
Yard and Side
Yard
-
Ancillary Building: 3 feet (0.91 meters) from the manufactured home stall boundaries.
-
Recreation Facility - Indoor and Security/Operator Office: 25 ft (7.62 m) measured
from the manufactured home park boundaries.
- Internal manufactured home stall without a detached garage or with less than two front
yard parking stalls or in a laneless manufactured home park:
-
All buildings except Ancillary Building, Recreation Facility - Indoor and
Security/Operator Office: 5 feet (1.5 meters) rear yard and one side yard in each
manufactured home stall shall be 10 feet (3.05 meters) wide measured from the
manufactured home stall boundaries, to provide vehicle access to the rear yard, while
the other side yard may be a zero meter setback, i.e. minimum 0.5 feet (0.15 meters)
wide measured from the manufactured home stall boundaries.
-
Ancillary Building: 3 feet (0.91 meters) from the manufactured home stall boundaries.
-
Recreation Facility - Indoor and Security/Operator Office: 25 ft (7.62 m) measured
from the manufactured home park boundaries.
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements
shall be the minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- All buildings, except Ancillary Building and Recreation Facility - Indoor: standard
manufactured home height when placed on blocks.
- Ancillary Building: refer to Section 43.9
- Recreation Facility - Indoor: 32.8 ft (10 m)
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
N/A
Site Coverage
(maximum)
N/A
Floor Area Ratio
(maximum)
N/A
106.5 Development standards for uses not specified in Section 107.4 shall be determined by the
Development Authority.
106.6 Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
106.7 The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
106.8 Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
Comprehensive Siting Plan
106.9 A comprehensive siting plan approved by the Development Authority is required prior to
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
the issuance of a development permit for the development of land located in this district,
and all development shall conform to the comprehensive siting plan. Compliance with the
site plan will be a continuing condition of the development permit when it is issued and
may be enforced by a stop order. The proposed plan must include the following information
to the satisfaction of the Development Authority:
(a) access, road system, walkway system and site pattern showing dimensions and
structures;
(b) provision for on-site containerized garbage collection facilities;
(c) open space, to a maximum of 10% of the park, designated for recreational and
playground use, and shall not include any required buffer strip;
(d) provision of a landscaped buffer of 4.6 m (15 ft) or greater between any
manufactured home wall and the lot line bounding the manufactured home park;
(e) provisions for outdoor lighting;
(f) identification and directional signs;
(g) location of parking aprons (prepared gravel pad or hard surfaced) for every
proposed manufactured home stall and visitor parking;
(h) proposed location of a manufactured home for every stall, showing the required yard
setbacks pursuant to Section 106.4;
(i) proposed landscaping of the individual manufactured home stalls and throughout
the park pursuant to Section 65 of this Bylaw;
(j) screened storage compound for trucks, trailers, campers, snowmobiles, boats, etc.;
(k) guidelines and standards satisfactory to the Development Authority governing
design and materials of carports, patios, storage buildings, skirting, fences, supply
facilities and other attached or detached structures; and
(l) such other information as deemed necessary by the Development Authority.
106.10 Standard manufactured home placements and zero lot line placements pursuant to the
rear yard and side yard setback requirements under Section 106.4 shall not be allowed in
the same block of stalls.
106.11 Within the manufactured home park no manufactured homes, including attached
structures, shall be within 13 m (44 ft) from any manufactured home, including any
attached structures or permanent park structures that are located directly on the opposite
side of a park street.
106.12 All manufactured homes shall have CSA and Alberta Building Standards (ABS) label
numbers.
106.13 The manufactured homes shall be finished from the floor level to the ground level (i.e.
skirted) within 30 days of being placed on a stall in the park. All finish materials shall either
be parging, factory fabricated or, of equivalent quality, and be pre-finished or painted so
that the design and construction complements the manufactured home, to the satisfaction
of the Development Authority.
106.14 Equipment used for transportation of a manufactured home shall be removed from the
stall and the park and finishing shall be installed and completed within 30 days of placing
the manufactured home on the stall in the park.
106.15 All manufactured homes shall be placed on a CSA Z240.10.1 standard foundation, an
engineer approved foundation, or a basement.
106.16 All attached or detached Ancillary Buildings, such as a garage or garden shed, and all
additions to a manufactured home, such as room additions, porches or sun rooms, shall
be factory pre-fabricated units or of an equivalent quality and shall be pre-finished or pre-
painted so that the design and construction complements the manufactured home.
106.17 The roof line of any addition shall not exceed the height of the dwelling.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
106.18 A stall within a manufactured home park may be used for the siting of only one
manufactured home.
106.19 All roads in a manufactured home park shall be of sufficient width to accommodate the
passage of emergency vehicles and shall be hard-surfaced where deemed necessary by
the County, to the satisfaction of the Development Authority. If roads are less than 7.6 m
(25 ft) in width, on-street parking shall not be permitted.
106.20 Designated visitor parking areas shall be evenly distributed throughout the park, and each
visitor parking shall include a minimum of three parking stalls.
106.21 A second access from a public road shall be provided into the manufactured home park
for emergency vehicle access if the park consists of more than 70 manufactured homes.
106.22 Internal pedestrian walkways, where provided, shall have a minimum hard-surfaced width
of 1.2 m (4 ft) and be constructed to the satisfaction of the Development Authority.
106.23 Pursuant to the Municipal Government Act, the owner or agent of a manufactured home
community in the County shall notify the assessor of the County in writing of:
(a) Any manufactured homes locating in the park, or moving to a different site within the
park, within 10 days of the changes with the following information:
(i) name and address of the owner of the manufactured home;
(ii) make and serial number of the manufactured home, and
(iii) site location of the unit within the park;
and
(b) Any change of ownership or any removal of a manufactured home from the park 10
days prior to change or removal.
106.24 The outdoor storage of vehicles, motorcycles, recreational vehicles, water craft, all-terrain
vehicles, snowmobiles, materials, products, equipment or machinery that cannot be
accommodated on a manufactured home stall to the satisfaction of the Development
Officer shall not be permitted in this district except in a designated and enclosed or
screened communal storage area, and such storage area shall be provided at a minimum
ratio of 19 m² (204 ft²) of storage area per manufactured home stall in the park.
106.25 The communal storage area shall be enclosed or screened by trees, landscape features
or fences or a combination thereof to the satisfaction of the Development Authority.
106.26 No vehicle over 4,536 kilograms (10,000 pounds) shall be parked on a manufactured
home stall or manufactured home park street for longer than is reasonably required to load
or unload such vehicle.
106.27 No vehicle greater than 7.6 m (25 ft) in length may be parked on a manufactured home
stall within a manufactured home park.
MINIMUM SERVICING REQUIREMENTS
106.28 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
106.29 Manufactured home parks shall be fully serviced with an approved communal water
distribution system and an approved communal sewage collection system.
106.30 All utility lines shall be placed underground or as may be stipulated in a development
agreement.
106.31 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
shall not be allowed.
106.32 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
106.33 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
106.34 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
106.35 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
106.36 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
106.37 A license, permit approval or other authorization granted by a Federal or Provincial agency
or Crown-controlled organization may prevail over this bylaw or a development decision
by a development officer, and/or Subdivision and Development Appeal board pursuant to
Federal or Provincial Legislation. When an application is received by the County for a Land
Use Bylaw amendment or development permit and the application is consistent with a
license, permit, approval or other authorization granted by a Federal or Provincial agency
or Crown-controlled organization, the County must approve the application to the extent
that it complies with the license, permit, approval or other authorization granted.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
107
PUBLIC SERVICES DISTRICT (PS)
PURPOSE
107.1 To provide for uses and facilities on land owned by a federal, provincial or municipal
government and by a quasi-government or semi-public not-for-profit organization (e.g. a
cemetery association or a recreation society or agricultural society) that are used, subject
to the Municipal Government Act, by the general public for public or semi-public purposes,
including parks, recreation, education, health, government, and other institutional facilities
and services, including public utility services.
LAND USES
107.2 Permitted Uses
-
Ancillary Building or Ancillary Use
-
Community Facility
-
Emergency Service
-
Government Service
-
Park [1631-
20]
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
-
Recreation Facility - Indoor
-
Recreation Facility - Outdoor
107.3 Discretionary Uses
-
Cemetery
-
Communication Antenna and Structure
-
Concert site, subject to Section 53
-
Land Reclamation
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Recreational Vehicle Park and/or Campground, subject to Section 107.12
-
Private Storage of Boat Lifts and Docks, subject to Section 107.15
-
Waste Management Facility
SITE REGULATIONS
107.4 In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
N/A
Lot Width
N/A
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62
m), except in the Hamlet of Botha where the minimum front yard shall be Nil [1631-20]
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard, except in the Hamlet of Botha where the minimum rear
yard and side yard shall be Nil [1631-20]
- Internal lot:
Side Yard
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
-
All buildings except Ancillary Building: 25 feet (7.62 meters), except in the Hamlet of
Botha where the minimum side yard shall be Nil, unless otherwise required by the
Alberta Building Code [1631-20]
-
Ancillary Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements
shall be the minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- All buildings, except Ancillary Building: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9, notwithstanding Section 43.9(a) and the
definition of height in Section 9, the maximum height of a detached ancillary
building in the Hamlet of Botha shall be 7.5 m (24.6 ft.) or the height of the
principal building, whichever is less, and height shall be measured to the highest
peak of the roof [1631-20]
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
N/A
Site Coverage
(maximum)
N/A
Floor Area Ratio
(maximum)
N/A
107.5 Development standards for uses not specified in Section 107.4 shall be determined by the
Development Authority.
107.6 Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
107.7 The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
107.8 Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
Use of Reserve Land
107.9 Notwithstanding the list of permitted and discretionary uses in Sections 107.2 and 107.3,
any parcel with an 'R', 'MR' or 'ER' contained in its legal description shall be used only for
those purposes provided for in the Municipal Government Act.
107.10 The private development or use of municipal and environmental reserve land is strictly
prohibited, unless prior approval is received from the Development Authority.
107.11 No alterations, including the removal or clearing of vegetation, or other changes to
municipal and environmental reserve land may be made without prior written consent from
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
the Development Authority, which may approve alterations and changes only if satisfied
the changes will not detrimentally impact the environment or restrict public access to
reserve land and the use by the public of the reserve land.
Campground and Recreational Vehicle Park
107.12 The design of any Campground or Recreational Vehicle Park is subject to the provisions
of Section 77.
Removal of Trees and/or Shrubs
107.13 The removal of trees and/or shrubs on any parcel of land without a development permit is
prohibited.
107.14 The Development Authority may prohibit the removal of trees and/or shrubs adjacent to
an environmentally sensitive area.
107.15 A development permit for the private storage of boat lifts and docks shall be restricted to
a specific site and shall be subject to a license agreement being entered into and kept in
good standing that shall include an indemnification clause in favour of the County and
shall require the written proof from the applicant of comprehensive third-party liability
insurance coverage of the applicant and the County in a minimum amount of $2,000,000.
The license agreement shall be for an initial term of no longer than three years. The
development permit shall be a temporary development permit pursuant to Section 25, and
the duration of the temporary development permit shall coincide with the initial term of the
license agreement and thereafter with any extension or renewal thereof.
MINIMUM SERVICING REQUIREMENTS
107.16 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
107.17 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
107.18 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
107.19 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
107.20 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
107.21 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
107.22 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
107.23 A license, permit approval or other authorization granted by a Federal or Provincial agency
or Crown-controlled organization may prevail over this bylaw or a development decision
by a development officer, and/or Subdivision and Development Appeal board pursuant to
Federal or Provincial Legislation. When an application is received by the County for a Land
Use Bylaw amendment or development permit and the application is consistent with a
license, permit, approval or other authorization granted by a Federal or Provincial agency
or Crown-controlled organization, the County must approve the application to the extent
that it complies with the license, permit, approval or other authorization granted.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
108
RECREATIONAL FACILITY DISTRICT (RF)
PURPOSE
108.1 To provide for a range of recreational activities and developments which are compatible
with the natural environment and surrounding land use.
LAND USES
108.2 Permitted Uses
-
Government Service
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
108.3 Discretionary Uses
-
Ancillary buildings and uses
-
Communication Antenna and Structure
-
Concert site, subject to Section 53
-
Detached Dwelling
-
Duplex
-
Food and Beverage Service Facility
-
Guest ranch
-
Hotel
-
Land Reclamation
-
Motel
-
Multi-attached Dwelling
-
Multiple Family Dwelling
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Recreation Facility - Indoor
-
Recreation Facility - Outdoor
-
Recreational Vehicle Park and/or Campground, subject to Section 108.10
-
Retail Store - Minor
-
Rural Convenience Store
-
Rural Restaurant
-
Security/Operator Dwelling Unit
-
Special Dwelling Unit Type
SITE REGULATIONS
108.4 In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
0.8 ha (2.0 ac) except that the lot area for Detached Dwelling, Duplex, Multi-attached
Dwelling and Multiple Family Dwelling shall comply with the standards set out for these uses
in the Hamlet Residential District
Lot Width
30 m (100 ft) except that the lot width for Detached Dwelling, Duplex, Multi-attached Dwelling
and Multiple Family Dwelling shall comply with the standards set out for these uses in the
Hamlet Residential District
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 25 feet (7.62 meters)
-
Ancillary Building: see Section 43
Side Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 20 feet (6.10 meters)
-
Ancillary Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements shall be the
minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- All buildings, except Ancillary Building: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
The ground floor area for Detached Dwelling, Duplex, Multi-attached Dwelling and Multiple
Family Dwelling shall comply with the standards set out for these uses in the Hamlet
Residential District
Site Coverage
(maximum)
45%
Floor Area Ratio
(maximum)
1.0, except that the maximum FAR for Detached Dwelling, Duplex, Multi-attached Dwelling
and Multiple Family Dwelling shall comply with the standards set out for these uses in the
Hamlet Residential District
108.5 Development standards for uses not specified in Section 108.4 shall be determined by the
Development Authority.
108.6 Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
108.7 The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
108.8 Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
Plans Required
108.9 Detailed plans must be submitted for any recreational development, which shall be
compatible with the environment and the surrounding land uses.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Campground and Recreational Vehicle Park
108.10 The design of any Campground or Recreational Vehicle Park is subject to the provisions
of Section 77.
Removal of Trees and/or Shrubs
108.11 The removal of trees and/or shrubs on any parcel of land without a development permit is
prohibited.
108.12 The Development Authority may prohibit the removal of trees and/or shrubs adjacent to
an environmentally sensitive area.
MINIMUM SERVICING REQUIREMENTS
108.13 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
108.14 Where a municipal water supply and/or sewage disposal system is available to service a
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
108.15 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
108.16 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
108.17 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
108.18 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
COMPLIANCE WITH RELEVANT LEGISLATION
108.19 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
109
RESORT RESIDENTIAL DISTRICT (RR)
PURPOSE
109.1 To provide for the development of residences in the vicinity of recreational amenities; the
keeping of livestock is not permitted in this District.
LAND USES
109.2 Permitted Uses
-
Ancillary Building or Ancillary Use - standard size, subject to Section 43.10 and Section 109.14(a)
-
Detached Dwelling
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
109.3 Discretionary Uses
-
Ancillary Building or Ancillary Use - oversized, subject to Section 43.10 and Section 109.14(a)
-
Community Facility
-
Home Business
-
Land Reclamation
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a hamlet
or multi-lot subdivision
-
Recreational Vehicle for use as a dwelling unit, subject to Sections 109.15 and 109.23
SITE REGULATIONS
109.4 In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
1.0 acre
Developable land: 0.5 acre (0.2024 ha)
Lot Width
N/A
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 25 feet (7.62 meters), subject to Section 109.13(d)
-
Ancillary Building: see Section 43
Side Yard
Scenic Sands (Plan 8222364 and Plan 8922504):
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 10% of the width of the lot
-
Ancillary Building: see Section 43
All other subdivisions in this District:
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 10 feet (3.05 meters)
-
Ancillary Building: see Section 43
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements shall be the
minimum yard distance.
Building
Height
(maximum)
Subject to Section 23.7:
- In Scenic Sands Plan 8222364 and Plan 8922504:
- Detached Dwelling: maximum 25 ft (7.62 m)
- Ancillary Building: refer to Section 43.9
- In all other subdivisions in this District:
- Lake front lot: All buildings, except Ancillary Building and Recreational Vehicle: 26.25 ft (8 m)
- Back lot: All buildings, except Ancillary Building and Recreational Vehicle: 32.8 ft (10 m)
- All lots: Ancillary Building: refer to Section 43.9
- All lots: Recreational Vehicle: 16.5 ft (5 m) measured from the highest level of finished ground
elevation adjoining the building at any exterior wall, and any attachment or add-on shall not be
higher than the Recreational Vehicle.
and further:
- All buildings on all lots in all subdivisions:
- pitched roof - 22 ft (6.7 m) wall height at eaves
- flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
- Buffalo Lake Meadows (Plan 052 1511 and Plan 0620721) - Detached Dwelling: ground floor
area: 900 ft² (83.6 m²)
- Scenic Sands (Plan 8222364 and Plan 8922504) - Detached Dwelling: ground floor area: 750 ft²
(69.67 m²)
Site
Coverage
(maximum)
N/A
Floor Area
Ratio
(maximum)
N/A
109.5 Development standards for uses not specified in Section 109.4 shall be determined by the
Development Authority.
109.6 Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
109.7 All development standards in this District may be subject to a restrictive covenant on the
land title.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
109.8 The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
109.9 Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
Removal of Trees and/or Shrubs
109.10 The removal of live trees and/or shrubs on any parcel of land without a development permit
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
is prohibited.
109.11 The Development Authority may prohibit the removal of live trees and/or shrubs adjacent
to an environmentally sensitive area.
109.12 In Scenic Sands (Plan 8222364 and Plan 8922504) the Development Authority shall not
approve a development permit that proposes to remove more than 50% of the existing live
tree and/or shrub coverage on any lot.
Design, Character and Appearance of Buildings and Sites
109.13 In Buffalo Lake Meadows (Plan 0521511 and Plan 0620721):
(a)
Buildings shall be of new construction unless otherwise approved by the Municipal
Planning Commission.
(b)
No sign, or advertising matter of any kind, except the ordinary signs offering the land
or buildings on them for sale or rent, shall be placed on the lands, or on the buildings,
fences or trees on the lands.
(c)
No industrial or agricultural equipment shall be parked or placed on the lands, except
for the equipment reasonably necessary to maintain the said lands and provided any
such equipment so required shall be parked or placed in a garage erected on the
lands when not in use.
(d)
No residence, garage or other accessory building (excluding moveable sheds
without foundations) whatsoever shall be permitted within 10.0 metre of the rear lot
line of any and all lots created adjacent to any environmental reserve parcel adjacent
to Buffalo Lake, and no development upon such lots shall be permitted to proceed
beyond the foundation stage unless and until a survey certificate evidencing the 10.0
metre setback has been submitted to and approved by the Development Authority.
(e)
All additional regulations in this District may be subject to a restrictive covenant on
the land title, which shall be the responsibility of the developer/landowners to
enforce.
109.14 In Scenic Sands (Plan 8222364 and Plan 8922504):
(a)
Any detached ancillary building, other than one ancillary building that is used for a
garage, shall not exceed 400 ft².
(b)
No excavations, other than for the purpose of erecting a structure or installing a
private sewage disposal system, water well or swimming pool shall be made on any
lot.
(c)
No soil, sand or gravel shall be removed from any lot, except as part of excavation
pursuant to Section109.14(b), and such soil, sand or gravel shall not be placed on
any land other than the subject lot.
(d)
No advertising sign of a business or commercial nature shall be erected. A sign may
be erected to identify a property.
(e)
Buildings shall be of new construction unless otherwise approved by the Municipal
Planning Commission.
(f)
All additional regulations in this District may be subject to a restrictive covenant on
the land title, which shall be the responsibility of the developer/landowners to
enforce.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Recreational Vehicles
109.15 The following regulations apply to Recreational Vehicles in this District:
(a)
On any lot in this District a Recreational Vehicle may be stored or parked only
pursuant and subject to Section 76.1, and may be used as a temporary dwelling unit
subject to Sections 76.1 and 76.2.
(b)
In Buffalo Lake Meadows (Plan 0521511 and Plan 0620721):
(i)
A discretionary use development permit to use a Recreational Vehicle as a
dwelling unit pursuant to Section 76.2 may be issued only as a time limited
permit, subject to Section 25, for a period not exceeding five (5) years. The
development permit may continue to be re-applied for and re-issued upon its
expiry indefinitely, each time as a time limited permit for not longer than a five
year period; and
(ii)
The use of a Recreational Vehicle as a dwelling unit shall comply with the
regulations in Section 76.4
(c)
In Scenic Sands (Plan 8222364 and Plan 8922504):
(i)
Subject to Section 109.15(c)(ii) a discretionary use development permit to use
a Recreational Vehicle as a dwelling unit pursuant to Section 76.2 may be
issued only as a time limited permit, subject to Section 25, and the period of
time for which the permit remains valid shall coincide with the period of time
required to construct a Detached Dwelling, at the end of which the
development permit to use the Recreational Vehicle as a dwelling unit shall
expire.
(ii)
Notwithstanding Section 109.15(c) (i) and only until December 31. 2022 on
Lots 39 and 59, Block 1 Plan 8222364 and Lots 11 and 14, Block 3, Plan
8222364 a discretionary use development permit to use a Recreational Vehicle
as a dwelling unit pursuant to Section 76.2 may be issued only as a time limited
permit, subject to Section 25, for a period not exceeding three (3) years, without
the requirement of Section 109.15(c)(i). The exemption applies to the
Recreational Vehicle Identification Numbers (VIN) provided with the application
only. The "grandfathering" clause is valid until the sale/transfer of land at which
time the lots will revert to the discretionary use of a Recreational Vehicle as a
dwelling unit only during construction of a permanent dwelling. For those lots
where a development permit has not been applied for by December 31, 2019
or at the expiry of the three year period (for those listed lots where a
development permit has been applied for and obtained by December 31, 2019
or if the property title is transferred to a new owner, the use of a Recreational
Vehicle shall be restricted to what is provided for in Section 109.15(a);and
(iii)
The use of a Recreational Vehicle as a dwelling unit shall comply with the
regulations in Section 76.4
MINIMUM SERVICING REQUIREMENTS
109.16 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
109.17 Where a municipal water supply and/or sewage disposal system is available to service a
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
property located within a hamlet or multi-lot subdivision in this District, new private utilities
shall not be allowed.
109.18 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
109.19 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
109.20 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
109.21 Notwithstanding Sections 109.18, 109.19 and 109.20, in Buffalo Lake Meadows (Plan 052
1511 and Plan 0620721) the drilling, use and operation of a private well is prohibited. A
communal water system or individual cisterns must service all lots and every lot must
contain its own sewage and use a self-contained sewage holding tank for this purpose.
109.22 In Scenic Sands (Plan 8222364 and Plan 8922504) and Buffalo Lake Meadows (Plan
0521511 and Plan 0620721) approval shall be obtained from all regulating authorities prior
to the construction of a private sewage disposal system or water well, as may be
applicable.
109.23 In both Buffalo Lake Meadows (Plan 052 1511 and Plan 0620721) and Scenic Sands (Plan
8222364 and Plan 8922504) a development permit issued for the use of a Recreational
Vehicle as a dwelling unit shall include a condition that the dwelling unit is connected to a
certified private sewage disposal system for the duration that it is used as such, except
when the development permit is issued pursuant to Section 76 of this Land Use Bylaw.
109.24 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
109.25 It is the landowner or applicant's responsibility to comply with any other relevant federal
and provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
110
RESORT RESIDENTIAL - COMMUNALLY SERVICED DISTRICT (RR-CS)
PURPOSE
110.1 To provide for the development of Detached Dwellings and Recreational Vehicles on
smaller lots that are communally serviced with a water distribution system and a sewage
collection system, in the vicinity of lakes and other recreation amenities.
LAND USES
110.2 Permitted Uses
-
Ancillary Building or Ancillary Use - standard size, subject to Section 43.10
-
Detached Dwelling
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
-
Recreational Vehicle for use as a dwelling unit, subject to Sections 110.14 (b) and 110.18
110.3 Discretionary Uses
-
Ancillary Building or Ancillary Use - oversized, subject to Section 43.10
-
Community Facility
-
Home Business
-
Land Reclamation
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Recreational Vehicle for use as a dwelling unit, subject to Section 110.14 (c) and 110.18
SITE REGULATIONS
110.4 In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
Lot Area
-
Rochon Sands Heights: Detached Dwelling: 8,723 ft² (810.31 m²)
-
Buffalo Sands:
- minimum 5,000 ft² (464.5 m²)
- maximum 10,765 ft² (1,000 m²)
Lot Width
N/A
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 25 feet (7.62 meters)
-
Ancillary Building: see Section 43
Side Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 10 feet (3.05 meters)
-
Ancillary Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements shall be the
minimum yard distance.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Building
Height
(maximum)
Subject to Section 23.7:
- Lake front lot: All buildings, except Recreational Vehicle and Ancillary Building: 26.25 ft (8 m)
- Back lot: All buildings, except Recreational Vehicle and Ancillary Building: 32.8 ft (10 m)
- All lots:
- Recreational Vehicle: 16.5 ft (5 m) measured from the highest level of finished
ground elevation adjoining the building at any exterior wall, and any attachment or add-on
shall not be higher than the Recreational Vehicle
- Ancillary Building: refer to Section 43.9
and further:
- All buildings on all lots:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
Detached Dwelling: Rochon Sands Heights - ground floor area of 640 ft² (59.45 m²)
Buffalo Sands - ground floor area of 800 ft² (74.35 m²)
Site Coverage
(maximum)
Detached Dwelling: 30%
Floor Area
Ratio
(maximum)
N/A
110.5 Development standards for uses not specified in Section 110.4 shall be determined by the
Development Authority.
110.6 Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
110.7 The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
110.8 Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
Design, Character and Appearance of Buildings and Sites
110.9 Buildings shall be of new construction unless otherwise approved by the Municipal
Planning Commission.
110.10 The Development Authority shall be satisfied that the design, finish and appearance of a
building, including a Recreational Vehicle, are compatible with the amenities and character
of existing development in the surrounding area.
110.11 No person shall keep in their yard:
(a)
any dismantled, wrecked or derelict/dilapidated motor vehicle, unless it is suitably
housed or screened from view to the satisfaction of the Development Authority.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
(b)
any object or chattel which, in the opinion of the Development Authority, is unsightly
or tends to adversely affect the amenities of the area; or
(c)
building materials or supplies other than what the Development Authority considers
is necessary for the completion of construction work on the site.
Removal of Trees and/or Shrubs
110.12 The removal of live trees and/or shrubs on any parcel of land without a development permit
is prohibited.
110.13 The Development Authority may prohibit the removal of live trees and/or shrubs adjacent
to an environmentally sensitive area.
Recreational Vehicles
110.14 The following regulations apply to Recreational Vehicles in this District:
(a)
On any lot in this District a Recreational Vehicle may be stored or parked only
pursuant and subject to Section 76.1, and may be used as a temporary dwelling unit
subject to Sections 76.1 and 76.2.
(b)
In Buffalo Sands (Plan 052 2242, Plan 062 5288 and Plan 062 5289):
(i)
A permitted use development permit to use a Recreational Vehicle as a
dwelling unit pursuant to Section 76.3. may be issued only on those lots
identified for this purpose in Figure 1 which forms part of this District. Once a
development permit has been issued for a Recreational Vehicle it is not
necessary to apply for its renewal.
(ii)
A development permit for using a Recreational Vehicle as a dwelling unit
pursuant to Section 76.3 shall be a time limited permit and the period of time
for which the permit remains valid shall coincide with the year in which the
Recreational Vehicle turns fifteen years old, at which time and subject to a
complaint being received from the community about the condition of the
Recreational Vehicle, the Development Officer may require the placement of
a newer model Recreational Vehicle and if the landowner does not comply with
the request, the Development Officer may revoke the development permit; and
(iii)
The use of a Recreational Vehicle as a dwelling unit shall comply with the
regulations in Section 76.4.
(c)
In Rochon Sands Heights (Plan 0620307 and Plan 0720960):
(i)
A discretionary use development permit to use a Recreational Vehicle as a
dwelling unit pursuant to Section 76.3 may be issued only as a time limited
permit, subject to Section 25, for a period not exceeding two (2) years. The
development permit may continue to be re-applied for and re-issued upon its
expiry indefinitely, each time as a time limited permit for not longer than a two
year period; and
(ii)
The use of a Recreational Vehicle as a dwelling unit shall comply with the
regulations in Section 76.4.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
MINIMUM SERVICING REQUIREMENTS
110.15 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
110.16 The Development shall be serviced by a communal water distribution system, designed
and built in accordance with Provincial standards and licensed by the Province, and
designed to connect to a regional water distribution system upon availability.
110.17 The Development shall be serviced by a communal sewage collection system, designed
and built in accordance with Provincial standards and licensed by the Province, and
designed to connect to a regional sewage collection system upon availability.
110.18 A development permit for a Recreational Vehicle may be issued subject to Section 69 and
shall include a condition that the dwelling unit is connected to the communal water
distribution and sewage disposal systems.
110.19 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
110.20 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
111
RESORT RESIDENTIAL - RECREATIONAL DISTRICT (RR-REC)
PURPOSE
111.1 To provide for a communally serviced multi-lot/multi-unit resort residential/recreational
development on part of the NE 36-39-20-W4M pursuant to the Pheasantback Estates
Area Structure Plan, having a specific combination of residential and recreational land
uses and development regulations.
LAND USES
111.2 Permitted Uses
CELL A
-
Ancillary Building or Ancillary Use, subject to Section 111.4
-
Public or Private Road and Utility, except windmill and stand-alone solar panel
-
Recreational Vehicle from May 1 to October 31 only (has to be moved off-site outside of this period)
-
Recreational Vehicle - Park Model Recreational Unit
CELL B
-
Ancillary Building or Ancillary Use, subject to Section 111.4
-
Detached Dwelling
-
Public or Private Road and Utility, except windmill and stand-alone solar panel
CELL C
-
Public or Private Road and Utility, except windmill and stand-alone solar panel
CELL D
-
Ancillary Building or Ancillary Use, subject to Section 111.4
-
Detached Dwelling
-
Duplex
-
Public or Private Road and Utility, except windmill and stand-alone solar panel
111.3 Discretionary Uses
CELL A
-
Community Facility
-
Home Business
-
Land Reclamation
-
Public or Private Road and Utility, windmill and stand-alone solar panel only
-
Recreation Facility - Indoor
-
Recreation Facility - Outdoor
CELL B
-
Community Facility
-
Home Business
-
Land Reclamation
-
Public or Private Road and Utility, windmill and stand-alone solar panel only
-
Recreation Facility - Indoor
-
Recreation Facility - Outdoor
CELL C
-
Ancillary Building or Ancillary Use, subject to Section 111.4
-
Duplex
-
Land Reclamation
-
Multi-attached Dwelling
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
111.3 Discretionary Uses
-
Multiple Family Dwelling
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
CELL D
-
Home Business
-
Land Reclamation
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
SITE REGULATIONS
111.4 In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District:
CELL A
Lot Area
- Minimum: 2,691 ft² (250 m²)
- Maximum: 3,229 ft² (300 m2)
Lot Width
N/A
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 12 ft (3.66 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 5 ft (1.5 m)
-
Ancillary Building: see Section 43
Side Yard
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements shall be the
minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- Recreational Vehicle or Recreational Vehicle - Park Model Recreational Unit: 16.5 ft (5 m)
measured from the highest level of finished ground elevation adjoining the building at any
exterior wall.
- Ancillary Building: refer to Section 43.9
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
Ancillary buildings: maximum 100 ft² (9.0 m²)
Site Coverage
(maximum)
50%, including all tip-outs, push-outs, pull-outs, structurally attached additions, covered and
enclosed decks, patios, porches, verandas and ancillary buildings
Floor Area Ratio
(maximum)
N/A
CELL B
Lot Area
- Minimum: 6,300 ft² (585 m²)
- Maximum: 16,147 ft² (1,500 m2)
Lot Width
N/A
Lot Depth
N/A
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 25 feet (7.62 meters)
-
Ancillary Building: see Section 43
Side Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 10 feet (3.05 meters)
-
Ancillary Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements shall be the
minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- Detached Dwelling: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
- Detached Dwelling: ground floor area of 1,200 ft² (111.5 m²)
- Ancillary Building or Ancillary Use: 1,200 ft² (111.5 m²) maximum
Site Coverage
(maximum)
50%
Floor Area Ratio
(maximum)
N/A
CELL C
Lot Area
Maximum: 1.0 acre (4,047 m2)
Lot Width
N/A
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 10 feet (3.05 meters)
-
Ancillary Building: see Section 43
Side Yard
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements shall be the
minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- Duplex: 32.8 ft (10 m)
- Multi-attached Dwelling: 32.8 ft (10 m)
- Multiple Family Dwelling: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
N/A
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Site Coverage
(maximum)
50%
Floor Area Ratio
(maximum)
N/A
CELL D
Lot Area
Maximum: 10,765 ft² (1,000 m2)
Lot Width
N/A
Lot Depth
N/A
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all buildings 25 ft (7.62 m)
- County road outside of a hamlet or multi-lot subdivision boundary - see Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 25 feet (7.62 meters)
-
Ancillary Building: see Section 43
Side Yard
- Road frontage: see Front Yard
- Internal lot:
-
All buildings except Ancillary Building: 10 feet (3.05 meters)
-
Ancillary Building: see Section 43
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements shall be the
minimum yard distance.
Building Height
(maximum)
Subject to Section 23.7:
- All buildings, except Ancillary Building: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9
and further:
- All buildings:
-
pitched roof - 22 ft (6.7 m) wall height at eaves
-
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
Ancillary Building or Ancillary Use: maximum 1,200 ft² (111.5 m²)
Site Coverage
(maximum)
50%
Floor Area Ratio
(maximum)
N/A
111.5 Development standards for uses not specified in Section 111.4 shall be determined by the
Development Authority.
111.6 Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
ADDITIONAL REGULATIONS
CELL A
Restriction on the Issuance of a Development Permit
111.7 A development permit may be issued for either a Recreational Vehicle or a Recreational
Vehicle - Park Model Recreational Unit on a condominium unit (i.e. lot), but not for both.
Restrictive Covenant
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
111.8 A Restrictive Covenant prohibiting the storage, parking (other than on its trailer) or
operation of any off-road vehicle (e.g. a quad, snowmobile, dirt bike or any other ATV),
with the exception of a golf cart, in Cell A shall be registered against the land by way of a
Caveat in favour of the County of Stettler No. 6 pursuant to the Municipal Government Act.
The Restrictive Covenant shall be registered at the time of subdivision and would then be
carried forward to each unit title of the bareland condominium development.
Design, Character and Appearance of Buildings and Sites
111.9 The addition of a basement to a Recreational Vehicle - Park Model Recreational Unit is
not permitted.
111.10 No enclosed structural additions to a Recreational Vehicle or a Recreational Vehicle - Park
Model Recreational Unit are permitted.
111.11 Decks may be open or covered with a roof. No enclosures higher than 3.0 ft. (1.0 m)
around any part of the structure is permitted.
111.12 The Development Authority shall be satisfied that the condition, design, finish and
character of a Recreational Vehicle and Recreational Vehicle - Park Model Recreational
Unit are compatible with the amenities and character of existing development in the
surrounding area.
CELL D
Restriction on the Issuance of a Development Permit
111.13 A development permit may be issued for either a Detached Dwelling or a Duplex on a
condominium unit (i.e. lot), but not for both.
ALL CELLS
Statutory Plans Take Precedence
111.14 The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
111.15 This land use district is subject to the Pheasantback Estates Area Structure Plan and
specifically Figure 7 of that plan, the latter which is attached to and forms a part of this
land use district.
Awareness of Agriculture
111.16 Landowners and residents within this District must be aware that the Agricultural District
is often adjacent to this District, and that agricultural operations take precedence.
Therefore they should plan and develop their lots in such a manner and at their own cost
that agricultural nuisances are reduced.
General
111.17 For the purpose of this Bylaw and Land Use District, the boundaries of the Lands and the
Development Cells shall be more or less as indicated on the map attached to this District
(Figure 7) and forming part hereof, except as otherwise approved by Council.
111.18 The final shape of the Development Cells will be determined at the Subdivision stage, to
the satisfaction of the municipality.
111.19 All development upon the Lands shall be in accordance with all plans and specifications
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
submitted pursuant to this Bylaw and all licenses, permits and approvals pertaining to the
Lands.
Design, Character and Appearance of Buildings and Sites
111.20 Landscaping shall be to the satisfaction of the Development Authority.
111.21 No person shall keep in their yard:
(a)
any dismantled, wrecked or derelict/dilapidated motor vehicle, unless it is suitably
housed or screened from view to the satisfaction of the Development Authority;
(b)
any object or chattel which, in the opinion of the Development Authority, is unsightly
or tends to adversely affect the amenities of the area; or
(c)
building and landscaping materials or supplies other than what the Development
Authority considers is necessary for the completion of construction work on the site.
Additional Recreational Vehicles (Guests)
111.22 A maximum of one additional Recreational Vehicle occupied by guests may be temporarily
located on any individual lot in Cells B, C or D. Additional Recreational Vehicles for guests
are not permitted in Cell A. For the purpose of this regulation 'Temporarily' means such a
time period as would normally be considered reasonable for the purpose of visiting family
or friends.
Moved-in Buildings
111.23 Moved-in buildings shall not be permitted in this district, unless approved by the
Condominium Association.
MINIMUM SERVICING REQUIREMENTS
ALL CELLS
111.24 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
111.25 The Development shall be serviced by a communal water distribution system, designed
and built in accordance with Provincial standards and licensed by the Province, and
designed to connect to a regional water distribution system upon availability.
111.26 The Development shall be serviced by a communal sewage collection system, designed
and built in accordance with Provincial standards and licensed by the Province, and
designed to connect to a regional sewage collection system upon availability.
111.27 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
111.28 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
112
DIRECT CONTROL - SAND, GRAVEL AND SURFACE MINERAL DISTRICT
(DC - SGSM)
PURPOSE
112.1 To enable Council to regulate and control the use and development of land and buildings
for sand, gravel and surface mineral extraction and/or processing in any such manner as
Council may consider necessary.
LAND USES
112.2 Uses Decided by Council
-
Sand, Gravel and Surface Mineral Extraction
-
Sand, Gravel and Surface Mineral Processing
-
Temporary Asphalt Plant
112.3 Uses Decided by Development Officer (Permitted Uses)
-
Agricultural Operation
-
Ancillary Building or Ancillary Use (Residential) - standard size, subject to Section 43.10
-
Ancillary Building or Ancillary Use (Industrial or non-residential) - size shall be determined at the
discretion of the Development Authority, subject to Sections 112.19 and 112.20
-
Detached Dwelling
-
Garden Suite
-
Manufactured Home not older than ten years
-
Public or Private Road and Utility, except windmill and stand-alone solar panel in or adjacent to a
hamlet or multi-lot subdivision
-
Recreational Vehicle or Recreational Vehicle - Park Model Recreational Unit, if the parcel of land
has an area of at least 80 acre (32.38 hectare), and subject to Section 112.28
-
Second Detached Dwelling or Manufactured Home (not older than ten years) if the parcel of land
has an area of at least 80 acre (32.38 hectare)
-
Secondary Suite inside a Detached Dwelling
112.4 Uses Decided by Municipal Planning Commission (Discretionary Uses)
-
Ancillary Building or Ancillary Use (Residential) - oversized, subject to Section 43.10
-
Communication Antenna and Structure
-
Contractor's Business - Home Based or Not Home Based, subject to Section 112.21
-
Data Processing Centre
-
Duplex
-
Farm Stall
-
Home Business
-
Kennel, subject to Section 64
-
Land Reclamation
-
Manufactured Home older than ten years
-
Public or Private Road and Utility, windmill and stand-alone solar panel only in or adjacent to a
hamlet or multi-lot subdivision
-
Recreational Vehicle or Recreational Vehicle - Park Model Recreational Unit, if the parcel of land
has an area of less than 80 acre (32.38 hectare), and subject to Section 112.28
-
Second Detached Dwelling or Manufactured Home if the parcel of land has an area of less than 80
acre (32.38 hectare)
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
112.4 Uses Decided by Municipal Planning Commission (Discretionary Uses)
-
Secondary Suite inside a detached Ancillary Building
-
Security/Operator Dwelling Unit
-
Third or Additional Detached Dwelling or Manufactured Home, subject to Section 69.2(c)
DECISION MAKING AUTHORITY
112.5 Council shall decide on applications for all uses listed as "Uses Decided by Council" in
Section 112.2.
112.6 The Development Officer may decide on applications for any uses listed as "Uses Decided
by the Development Officer" in Section 112.3. These applications shall be processed as a
Permitted Use under this Bylaw.
112.7 The Municipal Planning Commission may decide on applications for any uses listed as
"Uses Decided by the Municipal Planning Commission" in Section 112.4 and applications
for any use listed in Section 112.3 that are referred to the Municipal Planning Commission
by the Development Officer. These applications shall be processed as a Discretionary Use
under this Bylaw.
112.8 All subdivision applications in this District for any use shall be decided by the Subdivision
Authority.
DEVELOPMENT PERMIT CONDITIONS
112.9 Council or the Development Authority may impose any conditions it considers appropriate
to a development permit in accordance with Section 24 and any other relevant section of
this Bylaw.
112.10 Council shall set the duration or expiry of a development permit for a Sand, Gravel and
Surface Mineral Extraction or a Sand, Gravel and Surface Mineral Processing use for the
length of time deemed appropriate by Council.
REDISTRICTING TO DIRECT CONTROL
112.11 An application to redistrict a parcel of land to this Direct Control District shall be
accompanied by all the information required under Section 60.8.
SITE REGULATIONS
112.12 In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
following regulations apply to every development in this District that is decided by the
Development Officer or the Municipal Planning Commission:
Lot Area
3.0 acre (1.21 ha)
Lot Width
100 m (328 ft)
Lot Depth
120 m (394 ft)
Front Yard
- County road inside a hamlet or multi-lot subdivision boundary - all
buildings 25 ft (7.62 m)
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
- County road outside of a hamlet or multi-lot subdivision boundary - see
Section 58.25
- Highways and Secondary Roads - see Section 58.25
Rear Yard
- Road frontage: see Front Yard
- Internal lot:
- All buildings except Ancillary Building and Farm Building: 25 feet (7.62
meters)
- Ancillary Building and Farm Building: see Section 43
Side Yard
If a greater yard setback distance is required by the Alberta Building Code, that Code's requirements
shall be the minimum yard distance.
Building Height
(maximum)
- Farm Building and Agricultural Supply Depot: 82 ft (25 m)
- Subject to Section23.7:
- All other buildings, except Ancillary Building: 32.8 ft (10 m)
- Ancillary Building: refer to Section 43.9
and further
- All buildings, except Farm Building:
c.
pitched roof - 22 ft (6.7 m) wall height at eaves
d.
flat roof - 22 ft (6.7 m) wall height at parapet
Floor Area
N/A
Site
Coverage
(maximum)
N/A
Floor Area Ratio
(maximum)
N/A
112.13 Development standards for uses not specified in Section 112.12 shall be determined by
the Development Authority.
112.14 Any site development standard or additional regulation may be increased by the
Development Authority as a condition of development permit approval, pursuant to Section
24.2.
112.15 Development standards for "Uses Decided by Council" shall be determined by Council.
ADDITIONAL REGULATIONS
Statutory Plans Take Precedence
112.16 The permitted and discretionary uses and the standards and regulations of this District are
subject to the relevant provisions of the Municipal Development Plan and any applicable
inter-municipal development plan or area structure plan.
Awareness of Agriculture
112.17 Landowners and residents within this District must be aware that agricultural operations
take precedence in this District. Therefore, they should plan and develop their properties
in such a manner and at their own cost that agricultural nuisances are reduced.
Subdivision Density for Private Titles
112.18 In this District the maximum density is three private titles per quarter section.
Ancillary Building (Industrial or Non-residential)
112.19 The ground floor area of an Ancillary Building that is associated with an industrial or other
non-residential use is subject to Section 43.11.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
112.20 The Development Officer shall not issue a Development Permit for an Ancillary Building
(Industrial or Non-residential) unless the Applicant holds a Development Permit for any
one of the following uses:
a) Contractor's Business - Home Based or Not Home Based;
b) Sand, Gravel and Surface Mineral Extraction; or
c) Sand, Gravel and Surface Mineral Processing.
Contractor's Business - Home Based or Not Home Based
112.21 The approval of a development permit for a Contractor's Business - Home Based or Not
Home Based is subject to compliance with the conditions listed in Section 55.
Confined Feeding Operations
112.22 The County supports the location of Confined Feeding Operations in this District that
comply with the relevant policies identified in the Municipal Development Plan, specifically
relevant to CFO Exclusion Zones identified in inter-municipal development plans and
around approved area structure plans, concept plans and outline plans.
112.23 In approving rezoning and/or subdivision applications for single parcel residential
acreages and multi-lot residential subdivisions in locations that could be incompatible with
an existing CFO in this District, the County will recommend that the applicants familiarize
themselves with existing CFO locations and the applicable minimum separation distances
and consider the potential impact on their proposed subdivision however, the County will
not require reciprocal setback distances. Further, the County will require that an area
structure plan or outline plan for multi-lot residential development must incorporate the
buffering techniques for non-agricultural development in the agricultural fringe as
referenced in the relevant section of the Land Use Bylaw.
MINIMUM SERVICING REQUIREMENTS
112.24 The minimum servicing requirements of this District are subject to the relevant provisions
of the Municipal Development Plan and any applicable inter-municipal development plan
or area structure plan.
112.25 Where a municipal sewage disposal system is not available, it is the landowner or
applicant's responsibility to comply with the Private Sewage Disposal Systems Regulation
(Alberta Regulations 229/1997) and the Alberta Private Sewage Systems Standard of
Practice under the Safety Codes Act relative to the servicing of any development in this
District by means of a private sewage disposal system.
112.26 The applicant for a subdivision in this District shall comply with the Water Act [Section
23(3) and related Water (Ministerial) Regulation (Section 9(1)] relative to the servicing of
lots in the proposed subdivision by means of any private water source, namely to submit
a professional groundwater or surface water assessment report as part of the application
for subdivision [WA (Sec 23(3)(a)]. Where the Subdivision Authority has determined
through the assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
subdivision by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
112.27 Where a hamlet or multi-lot subdivision of six or more lots per quarter section existed prior
to January 1, 1999 without a groundwater or surface water assessment, the applicant for
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
a development permit in this District shall demonstrate to the Development Authority's
satisfaction the sufficiency of a private water supply source for the proposed development.
Where the Development Authority has determined through a professional groundwater or
surface water assessment report that the water source may be insufficient to support
additional water use from the source, it may prohibit the servicing of the proposed
development by means of that water source. The professional assessment for any
groundwater source shall follow Alberta Environment's Groundwater Evaluation Guideline
available at the following website: http://environment.alberta.ca/01326.html.
112.28 A development permit for a Recreational Vehicle or a Recreational Vehicle - Park Model
Recreational Unit may be issued subject to Section 69 and shall include a condition that
the dwelling unit is connected to a certified public or private sewage disposal system while
being placed on a site; and further, the use of a Recreational Vehicle as a dwelling unit
shall comply with the regulations in Section 76.
112.29 For any development in this District, except those developments that are deemed
approved pursuant to Section 16, storm water management facilities may be required to
the satisfaction of the Development Authority.
COMPLIANCE WITH RELEVANT LEGISLATION
112.30 It is the landowner or applicant's responsibility to comply with relevant federal and
provincial legislation such as the Safety Codes Act and/or the Public Highways
Development Act.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
SCHEDULE 'A': TOWN AND COUNTY OF STETTLER
AIRPORT VICINITY OVERLAY DISTRICT (AVO)
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Schedule 'A'
TOWN AND COUNTY OF STETTLER AIRPORT VICINITY OVERLAY DISTRICT (AVO)
PURPOSE
1.
To maintain the safety and effectiveness of the Town of Stettler and County of Stettler No.
6 Airport by imposing controls over adjacent lands in addition to the controls and standards
already in place in the underlying land use districts of these adjacent lands. The Overlay
District applies to those lands shown within the airport noise contours in Figures 1 and 2.
It applies to any land use district underlying the lands that are subject to the Airport Overlay
District, and allows for agricultural and non-agricultural uses within these areas at locations
and design criteria which do not interfere with airport operations.
LAND USES
2.
Permitted Uses
Those listed in the underlying land use district, subject to Section 4 of this Schedule
3.
Discretionary Uses
Those listed in the underlying land use district, subject to Section 4 of this Schedule
4.
The following list of land uses takes precedence over the list of permitted and/or
discretionary land uses in any underlying district (refer to the explanation of symbols in
Section 5 of this Schedule):
DEVELOPMENT OR USE
NOISE EXPOSURE PROJECTION AREAS
Less
than 25
Between
25-30
Between
30-35
Between
35-40
Over 40
Agricultural Supply Depot
A
A
B2
NA
NA
Salvage and Recycling Facility
A
A
A
A
A
Agricultural Operation (bee keeping)
A
A
A
A
A
Confined Feeding Operation
A
NA
NA
NA
NA
Community Facility
A
B2
NA
NA
NA
Contractor's Business
A
A
B2
B2
NA
Recreation Facility - Outdoor
A
A
NA
NA
NA
Agricultural Operation (extensive)
A
A
A
A
A
Home Business
A
B2
B2
B2
NA
Kennel
A
A
B2/B3
NA
NA
Auction mart - Livestock
A
NA
NA
NA
NA
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
DEVELOPMENT OR USE
NOISE EXPOSURE PROJECTION AREAS
Less
than 25
Between
25-30
Between
30-35
Between
35-40
Over 40
Manufacturing, Processing or Assembly
Facility
A
A
B2
B2
NA
Agricultural Operation (Market Garden,
Greenhouse and/or Plant Nursery)
A
A
A
A
NA
Oilfield Service or Supply Business
A
A
A
NA
NA
Detached Dwelling
A
B1
NA
NA
NA
Recreation Facility - Outdoor
A
A
A
NA
NA
Confined Feeding Operation (Poultry)
A
B3
B3
B3
NA
Community Facility
A
B2
NA
NA
NA
Public or Private Road and Utility
(Communications Tower)
A
A
A
NA
NA
Recreation Facility - Outdoor
A
A
A
NA
NA
Agricultural Operation (Sod Farm)
A
A
A
A
NA
Veterinary Clinic
A
A
B2/B3
NA
NA
5.
Explanation to the land use table in Section 4 of this Schedule:
(a)
In the case of a development permit application for a use listed in an underlying land
use district that is not listed in the land use table in Section 4 of this Schedule, the
Development Authority shall determine the land use category into which the use falls,
pursuant to Section 23.2 of the Land Use Bylaw.
(b)
Symbols in the land use table in Section 4 of this Schedule have the following
meaning:
A
means the use may be approved with or without conditions.
B1
means the use may be approved with or without conditions; however, it is
recommended that construction of the building conform to Canada Mortgage
and Housing Corporation standards for sound insulation as detailed in the
CMHC publication New Housing and Airport Noise - N.H.A. 5185, as may be
amended or replaced hereafter as revised from time to time.
B2
means the use may be approved with or without conditions; however, it is
recommended that the building's construction in office areas, reception areas,
conference rooms, and general work areas conforms to Canada Mortgage and
Housing Corporation standards for sound insulation, unless the building area
experiences noise levels equal to or greater than the exterior noise levels
created by aircraft, or the building is non-winterized.
B3
means the use may be approved with or without conditions providing the use
is completely enclosed.
NA means the use is not allowed and shall not be issued a Development Permit.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
SITE REGULATIONS
6.
In addition to the General Land Use Regulations contained in Part Six of this Bylaw, the
site regulations listed in the applicable underlying land use district apply to every
development in this Overlay District.
7.
The following specific height limitations take precedence over any height restrictions
stated in any land use district:
(a)
Any development permit application on land within the Airport Vicinity Overlay District
shall be subject to the height limitations indicated on Figure 2 forming part of this
District.
(b)
The Development Authority shall not approve a development permit application for
any development which exceeds the height limitations shown on Figure 2.
(c)
The height limitations indicated on Figure 2, and the height of a proposed use will
both be measured from the elevation 2,673.7 feet (818 meter) above sea level which
is deemed to be the airport's elevation.
(d)
The height of all railway development shall be considered 19.7 feet (6.00 meter)
higher than the actual elevation of the rails, and the height of all roadway
development shall be considered 13.1 feet (4.00 meter) higher than the elevation of
the highest point of the travelled portion of the roadway.
ADDITIONALREGULATIONS
8.
Any additional regulations listed in the applicable underlying land use district apply to
every development in this Overlay District.
9.
The Development Authority shall not approve a development permit application on lands
within the Airport Vicinity Overlay District which would adversely affect the safe and
efficient operation of the Airport.
10.
In considering a development permit application for any of the following land uses:
(a)
a plant for the manufacturing of products from petroleum, natural gas or
hydrocarbons derived from oil sands, chemical or allied products, pulp or paper
products, stone, clay or glass products, cement or lime products, fertilizers or animal
by-products;
(b)
a plant for primary metal production, metal processing, the processing of wood or
wood products, the processing of coal, the processing of natural gas or its
derivatives, the manufacturing of asphalt or ready-mixed concrete, gravel crushing,
or meat packing;
(c)
a public incinerator;
(d)
a sewage treatment plant or feed mill plant, sewage disposal plant, sewage lagoon,
or water reservoir;
(e)
seed cleaning plant or feed mill;
(f)
a thermal electric power generating plant or a steam generating plant;
(g)
anything that includes an electronic device, apparatus, equipment or other thing that:
(i)
is operated for industrial, scientific, medical or similar purposes, or
(ii)
produces and utilizes radio frequency energy in its operations but is not used
for radio communication;
or
(h)
anything that will or will likely result in:
(i)
emissions of steam or smoke or other particles which may impair vision;
(ii)
outdoor storage of large quantities of any material or waste, edible or attractive
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
to birds, or
(iii)
the use of extensive exterior lighting;
the Development Authority shall consult with Transport Canada as to whether the proposal
would jeopardize the safe and efficient operation of the airport. If the Development
Authority is satisfied that the proposal will not have any adverse effects, the application
may be approved with or without conditions.
FIGURE MEASUREMENTS
11.
Measurements on Figures 1 and 2 in the Airport Vicinity District are shown in meter. A
conversion table for imperial measurements is included with each Figure.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
FIGURE 1
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
FIGURE 2
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
SCHEDULE 'B': GATEWAY COMMERCIAL AND
INDUSTRIAL DESIGN GUIDELINES
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
Schedule 'B'
Gateway Commercial and Industrial Design Guidelines
1.0
Definition of Terms
1) Building Mass means the appearance of heaviness of a building.
2) Crenellations
Crenellations is the name for the
distinctive pattern that frames the tops of
the walls. Crenellation most commonly
takes the form of multiple, regular,
rectangular spaces cut out of the top of
the wall.
3) Floating Hard Materials means products which are not visually anchored to the ground.
Brick, stone and hard materials must be grounded
4) Glazing
Glazing is a transparent part of a wall, usually made of glass or plastic (acrylic and
polycarbonate). Common types of glazing used in architectural applications include
clear and tinted float glass, tempered glass, and laminated glass as well as a variety
of coated glasses, all of which can be glazed singly or as double, or even triple, glazing
units.
5) Human Scale
Human scale means that buildings have been designed explicitly with the needs,
constraints and perceptive ability of humans in mind; humans are typically between
three and seven feet tall and will climb a few sets of stairs at a time, etc. In the physical
construction of human scale architecture it is possible to build buildings that are more
desirable to be lived/worked in, which are more maintainable, can be evolved and
turned into different uses over time.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
6) Major Cladding Materials
Major cladding materials can be Stone, Brick, Stucco, Pre-finished metal sheets
which can be used to differentiate as two major cladding materials.
7) Mono slope roof truss
Steel framed mono-slope
buildings are used either as
a lean to on an existing
building; or for very small
buildings (less than 15m
span) or for locations where
wide openings are needed
in the side of a long, but thin
building. A steel spine truss
will go the length of the opening, and the roof will slope up to this spine. Aircraft
hangars, port buildings and warehouses are often built as mono-slopes.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
8) Parapet
A building parapet consists of a dwarf wall along the edge of a roof, or around a lead
flat, terrace walk, etc., to prevent people from falling over the edge. Parapets are either
plain, embattled, perforated or panelled. The last two are found in all styles except the
Romanesque. Plain parapets are simply portions of the wall generally overhanging a
little, with a coping at the top and corbel table below. Embattled parapets are
sometimes panelled, but more often pierced. Perforated parapets are pierced in
various devices as circles, trefoils, quatrefoils and other designs so that the light is
seen through. Panelled parapets are those ornamented by a series of panels, either
oblong or square and more or less enriched, but not perforated. These are common
in the Decorated and Perpendicular periods.
9) Primary Colours
Primary colors are sets of colors that can be combined to make a useful range
(gamut) of colors. For human applications, three are often used; for additive
combination of colors, as in overlapping projected lights or in CRT displays, the
primary colors normally used are red, yellow, and blue.
10) Secondary Colours
A secondary color is a color made by mixing two primary colors in a given color
space, the secondary colors normally used are orange, green, and purple.
2.0
Introduction
The County of Stettler No. 6 and the Town of Stettler Inter-municipal Development Plan identifies
designated growth areas for each municipality, and requires that the two municipalities develop
and apply a joint design guideline for development of land in the mixed business areas at the
gateway locations. The site and building design guidelines set out in this Guidelines document
describe the exterior design requirements for commercial and industrial buildings within the
designated gateways as identified in the Inter-municipal Development Plan.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
The Guidelines must be read in conjunction with the approving municipality's Land Use Bylaw,
which deals with land use and site development regulations such as setbacks, signage and
landscaping. The intent of these Guidelines is to provide landowners, developers, designers and
potential investors with the direction of design approach that is intended for various developments.
These design Guidelines concern the position of buildings and utility areas on sites, the
proportion, scale and massing of building forms, the application of materials and colours to
exterior walls and roofs, the choice and location of windows and doors and the role of landscaping
in all of these considerations.
3.0
Application of the Guidelines
These Guidelines apply to any commercial or industrial type development permit application in
any land use district that allows these types of developments on land that is located within a
designated County growth area in the County of Stettler No. 6 and Town of Stettler Inter-municipal
Development Plan.
All commercial and industrial development projects located as described above must comply with
these Guidelines. More specifically, those developments located adjacent to or prominently visible
from a highway, as determined by the approving municipality's Development Authority, must meet
all the listed requirements. Those developments not adjacent to or prominently visible from a
highway may have the guidelines reduced as per discussions with the Development Authority.
The approving municipality's Development Authority will review development permit applications
for compliance with these Guidelines and may approve a development permit with variances from
these Guidelines, subject to the referral policies of the Inter-municipal Development Plan.
The design Guidelines for commercial buildings apply to the use of the building, not the land use
district, and therefore may apply to projects in industrial land use districts, for example an office
building, a food and beverage service facility or a commercial recreation building that is located
on industrial premises. Prior to designing the project the developer must determine from the
approving municipality whether the proposed development is deemed to be a commercial or
industrial building.
The approving municipality's Land Use Bylaw prescribes the format and content of the
development permit application and the landscaping plan.
It is highly recommended that all new projects are reviewed with the principles of CPTED (Crime
Prevention Through Environmental Design) in mind, to ensure that all new projects are developed
in a safe and respectful manner. The approving municipality's Development Authority will review
project designs for CPTED compliance.
It is further required that all developments that are subject to these Guidelines comply with the
latest edition of the Alberta or National Building Code for site accessibility standards, as well as
the latest edition of The Canadian Standards Association "Accessible design for the built
environment".
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
4.0
Commercial Site and Building Design Guidelines
4.1
Site planning
Intent: To ensure that any development is located on a site in such a manner as
to enhance the overall development and provide a unified connection to the
surrounding buildings.
4.1.1 Except when a development along Highway 12 or Highway 56 backs onto the
highway, the main entry of the building must face the main access road and be
prominently visible upon entering the site. The main entry is not permitted to be
visually blocked by the storage or display of sale products.
4.1.2 When a development along Highway 12 or Highway 56 backs onto the highway,
the main entry of the building must face the highway and be prominently visible to
the public travelling along the highway. The main entry is not permitted to be
visually blocked by the storage or display of sale products.
4.1.3 Buildings must be sited in such a location to provide open space between the
building and adjacent streets and/or on-site parking lots for the purpose of
landscaping. This open space area is to be equal to or exceeding the minimum
required setback for the development as prescribed in the approving municipality's
Land Use Bylaw. This landscaped area is not to be used for the display of sale
products or for waste disposal or other utility areas, unless these are screened
pursuant to Section 4.1.5.
Example of
good siting
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
4.1.4 Provision for on-site parking and loading must meet the requirements of the
approving municipality's Land Use Bylaw.
4.1.4.1
On-site parking lots and loading areas when visible from an adjacent
street or when used by clients should be effectively landscaped or
strategically screened to break up the view and mass of them.
4.1.4.2
Curbing should be used to separate all on-site parking lots and loading
areas from landscaped areas.
4.1.5 All utility areas (e.g. outdoor storage, waste disposal, building equipment such as
heating and cooling, etc.) visible from an adjacent street or an on-site client parking
lot must be enclosed with screening, or be otherwise designed or treated to the
satisfaction of the approving municipality's Development Authority, to match the
overall design of the development.
4.1.6 All on-site lighting, including those in on-site parking lots, must be down lighting;
the use of fixtures projecting light upwards is not permitted.
4.2
Site Landscaping and Fencing
Intent: To ensure that any development provides landscaping compliant with the
approving municipality's Land Use Bylaw in a manner that enhances the overall
appearance of a project.
4.2.1 All landscaping must comply with the approving municipality's Land Use Bylaw.
4.2.2 Landscaping must be used to contribute to the overall theme of a project, provide
interest and ensure a pleasant inviting atmosphere is obtained.
4.2.3 Landscaping must play a prominent role in the site design on all sides adjacent to
a street or an on-site client parking lot.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
4.2.4 Where existing natural landscaping is present every effort must be made to
preserve it and incorporate it into the overall landscaping plan.
4.2.5 Dry landscaping (e.g. mulch and/or washed rock) instead of grass, and the use of
native plant species that can withstand drought are encouraged.
4.2.6 In order to address the issues related to potential wildland fires and their interface
with development, any development proposal adjacent to a naturally vegetated
area or agricultural lands shall incorporate the FireSmart guidelines advocated by
Alberta Sustainable Resource Development to the satisfaction of the approving
municipality's Development Authority.
(http://www.srd.gov.ab.ca/wildfires/firesmart/)
4.2.7 Where landscaping is proposed within a utility right-of-way the agencies that have
permission to provide services within the utility right-of-way must endorse the
proposed landscaping plan prior to it being submitted to the approving municipality
for review.
4.2.8 Landscaping along any street frontage must be provided outside of the perimeter
fence.
4.2.9 Chain link fencing shall not be visible from an adjacent street or on-site client
parking lot. Landscaping may be used to screen a chain link fence.
4.2.10 Fencing of any nature shall not extend beyond the front façade of the principal
building.
4.2.11 A landscaped buffer zone of at least 0.91 metres (3'-0") between the building and
an on-site parking lot or sidewalks must be provided along the base of all buildings
where public access is permitted.
Good use of
landscaping
Landscape buffer
against building wall
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
4.2.12 Landscaping areas should not be used for the display of sale products, unless their
display has been properly integrated into the landscaping design and approved by
the approving municipality's Development Authority.
4.3
Building Design
Intent: To provide guidelines that enhance project developments and promote the
use of materials that complement adjacent buildings to create a unified
development. A variety of materials and colours are always encouraged.
4.3.1 The proportion, scale and mass of the building must incorporate design elements
that break the overall scale of building and create a human scale around all entries
to the building and elevations that are visible from an adjacent street or on-site
client parking lot. This can be accomplished by varying materials, colours,
elevation heights, or architectural accents.
4.3.2 Each building elevation facing an adjacent street or an on-site client parking lot
shall be finished to the same level of architectural treatment.
4.3.2.1
A minimum of two major exterior cladding materials are required for any
elevation of a principal or an accessory building facing an adjacent
street or an on-site client parking lot, the proportions of which must be
sensitively designed. Major exterior cladding materials must be
perceived as occupying a significant proportion of any wall.
Not permitted as a commercial
building at all
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
4.3.3 A variety of exterior materials and/or colours is encouraged to prevent the creation
of monotonous streetscapes.
4.3.3.1
Each occupant's bay must be clearly defined with either architectural
features or colour. Finishes must be visible from a street to qualify.
4.3.4 The main entry of the building must be prominent and clearly visible upon entering
the site.
4.3.4.1
Entrance protection is required above all public entry doors. This can
be accomplished through using entry canopies integral to the building
design, recessed entries with roof overhangs or surface mounted
canopies. All entry features must be designed to fit in the balance of
the architectural treatment.
4.3.5 Windows shall be architecturally designed to form part of the overall building
façade. The use of full front glazing is not recommended.
Recommended
Not Recommended
Good use of exterior
cladding materials to
create variety
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
4.3.6 Whenever possible the design of the building should reflect the intended interior
usage.
4.3.7 The base of all buildings on sides requiring architectural treatment pursuant to
these Guidelines must be clearly defined and provide a visual anchor to the
building.
4.3.7.1
Permitted ways to define the base include but are not limited to the
following; block, stone, brick, a change in exterior material or a change
in exterior colour or a change in the direction of exterior material. The
painting of the exterior material is not permitted.
4.3.7.2
The ideal ratio for defining the base height is 4:1. For example, if the
building height is 12'-0" the base should be 3'-0".
4.3.7.3
All base definition must return around the corners a minimum of 18"
(450mm), except along any building elevation that is visible from an
Good cladding finish at
the roofline
Good base definition
Good use of cladding
materials to define the
base and the roofline
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
adjacent street or an on-site client parking lot, in which case the base
definition shall follow along the entire length of the elevation.
4.3.8 Building rooflines must be clearly defined through a change in material, colour, or
elevation change.
4.3.8.1
Permitted ways to create this definition include creating a distinct wall
colour band, a change in the direction of exterior siding, the addition of
crenellations to break up a single level roof line, or variations in the
building parapet elevation.
4.3.8.2
The ideal ratio for defining the roofline is 8:1. For example, if the
building height is 12'-0" the roofline should be 1'-6".
4.3.8.3
The painting of the exterior siding is not permitted to define the roofline.
4.3.8.4
Mono slope roof trusses are not permitted.
4.3.9 All exterior columns must be properly proportioned and have a defined base,
middle and capital.
4.3.9.1
The height of a column is measured in terms of a ratio between the
diameter of the shaft at its base compared to the height of the column.
4.3.9.2
All round columns must be a minimum of eleven diameters; therefore,
a round column must be equal to at least 1" (25mm) minimum in
diameter for every 11" (280mm) in height. [Example; a round column
that is 22' (6.705m) in height must be a minimum of 2' (610mm) in
diameter].
4.3.9.3
All square columns must be equal to at least 1" (25mm) minimum in
width for every 12" (305mm) in height. [Example; a square column that
is 22' (6.705m) in height must be a minimum of 22" (559mm) in width].
4.3.10 Floating brick, stone or hard materials are not permitted on any project. All accent
materials must be continued to the ground.
Required grounding of brick, stone & hard material
Not permitted
4.3.11 Building signage and other on-site signage must comply with the approving
municipality's Land Use Bylaw. Building signage (including business signs, usage
signs and directional signs) must be integrated with the building façade.
4.3.11.1
The use of surface mounted back lit signage boxes are discouraged.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
4.3.11.2
Signage painted directly onto the building is not permitted, except as
may be allowed in the approving municipality's Land Use Bylaw.
4.3.12 The use of true primary and secondary colours is not permitted as the main field
colour or roofing colour and must only be used as accent colouring.
4.3.12.1
All colours are to be approved by the approving municipality's
Development Authority. It is recommended to submit true colour
samples for approval to the Development Authority.
5.0
Industrial Site and Building Design Guidelines
5.1
Site planning
Intent: To ensure that any development is located on a site in such a manner as
to enhance the overall development and provide a unified connection to the
surrounding buildings.
5.1.1 The main entry of the building must face the main access road and be prominently
visible upon entering the site. The main entry is not permitted to be visually
blocked by the storage or display of sale products.
5.1.2 Buildings must be sited in such a location to provide open space between the
building and adjacent streets and/or on-site parking lots for the purpose of
landscaping. This open space area is to be equal to or exceeding the minimum
required setback for the development as prescribed in the approving municipality's
Land Use Bylaw. This landscaped area is not to be used for the display of sale
products or for waste disposal or other utility areas, unless these are screened
pursuant to Section 5.1.4.
5.1.3 Provision for on-site parking and loading must meet the requirements of the
approving municipality's Land Use Bylaw.
5.1.3.1
On-site parking lots and loading areas when visible from an adjacent
street or when used by clients should be effectively landscaped or
strategically screened to break up the view and mass of them.
5.1.4 All utility areas (e.g. outdoor storage, waste disposal, building equipment such as
heating and cooling, etc.) visible from an adjacent street or an on-site client parking
lot must be enclosed with screening or be otherwise designed or treated to the
satisfaction of the approving municipality's Development Authority, to match the
overall design of the development.
5.1.5 All on-site lighting, including those in on-site parking lots, must be down lighting;
the use of fixtures projecting light upwards is not permitted.
5.2
Site Landscaping and Fencing
Intent: To ensure that any development provides landscaping compliant with the
approving municipality's Land Use Bylaw in a manner that enhances the overall
appearance of a project.
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
5.2.1 All landscaping must comply with the approving municipality's Land Use Bylaw.
5.2.2 Landscaping must be used to contribute to the overall theme of a project, provide
interest and ensure a pleasant inviting atmosphere is obtained.
5.2.3 Landscaping must play a prominent role in the site design on all sides adjacent to
a street or an on-site client parking lot.
5.2.4 Where existing natural landscaping is present every effort must be made to
preserve it and incorporate it into the overall landscaping plan.
5.2.5 Dry landscaping (e.g. mulch and/or washed rock) instead of grass, and the use of
native plant species that can withstand drought are encouraged.
5.2.6 In order to address the issues related to potential wildland fires and their interface
with development, any development proposal adjacent to a naturally vegetated
area or agricultural lands shall incorporate the FireSmart guidelines advocated by
Alberta Sustainable Resource Development to the satisfaction of the approving
municipality's Development Authority.
(http://www.srd.gov.ab.ca/wildfires/firesmart/)
5.2.7 Where landscaping is proposed within a utility right-of-way the agencies that have
permission to provide services within the utility right-of-way must endorse the
proposed landscaping plan prior to it being submitted to the approving municipality
for review.
5.2.8 Landscaping along any street frontage must be provided outside of the perimeter
fence.
5.2.9 Landscaping areas should not be used for the storage of equipment or materials
or for the display of sale products, unless their storage and/or display has been
properly integrated into the landscaping design and approved by the approving
municipality's Development Authority.
5.3
Building Design
Intent: To provide guidelines that enhance project developments and promote the
use of materials that complement adjacent buildings to create a unified
development. A variety of materials and colours are always encouraged.
5.3.1 The proportion, scale and mass of the building must incorporate design elements
that break the overall scale of building and create a human scale around all entries
to the building and elevations that are visible from an adjacent street or on-site
client parking lot. This can be accomplished by varying materials, colours,
elevation heights, or architectural accents.
(see picture below or on next page)
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
5.3.2 Each building elevation facing an adjacent street or an on-site client parking lot
shall be finished to the same level of architectural treatment.
5.3.3 A variety of exterior materials and/or colours is encouraged to prevent the creation
of monotonous streetscapes.
5.3.4 The main entry of the building must be prominent and clearly visible upon entering
the site.
5.3.5 The base of all buildings on sides requiring architectural treatment pursuant to
these Guidelines must be clearly defined and provide a visual anchor to the
building.
5.3.5.1
Permitted ways to define the base include but are not limited to the
following; block, stone, brick, a change in exterior material or a change
in exterior colour or a change in the direction of exterior material. The
painting of the exterior material is not permitted.
5.3.5.2
The ideal ratio for defining the base height is 4:1. For example, if the
building height is 12'-0" the base should be 3'-0".
5.3.6 Building rooflines must be clearly defined through a change in material, colour, or
elevation change.
5.3.6.1
Permitted ways to create this definition include creating a distinct colour
band, a change in the direction of exterior siding, the addition of
crenellations to break up a single level roof line, or variations in the
building parapet elevation.
5.3.6.2
The ideal ratio for defining the roofline is 8:1. For example, if the
building height is 12'-0" the roofline should be 1'-6".
5.3.6.3
The painting of the exterior siding is not permitted to define the roofline.
5.3.6.4
Mono slope roof trusses are discouraged.
An industrial entry with
human scale and mass
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
5.3.7 Floating brick, stone or hard materials are not permitted on any project. All accent
materials must be continued to the ground (see Section 4.3.10 for diagrams).
5.3.8 All exterior columns must be properly proportioned and have a defined base,
middle and capital.
5.3.8.1
The height of a column is measured in terms of a ratio between the
diameter of the shaft at its base compared to the height of the column.
5.3.8.2
All round columns must be a minimum of eleven diameters; therefore,
a round column must be equal to at least 1" (25mm) minimum in
diameter for every 11" (280mm) in height. [Example; a round column
that is 22' (6.705m) in height must be a minimum of 2' (610mm) in
diameter].
5.3.8.3
All square columns must be equal to at least 1" (25mm) minimum in
width for every 12" (305mm) in height. [Example; a square column that
is 22' (6.705m) in height must be a minimum of 22" (559mm) in width].
5.3.9 Building signage and other on-site signage must comply with the approving
municipality's Land Use Bylaw. Building signage (including business signs, usage
signs and directional signs) must be integrated with the building façade.
5.3.10 The use of true primary and secondary colours is not permitted as the main field
colour or roofing colour and must only be used as accent colouring.
5.3.10.1
All colours are to be approved by the approving municipality's
Development Authority. It is recommended to submit true colour
samples for approval to the Development Authority.
Good use of cladding
materials and double
sloped roof to define the
roofline
County of Stettler No. 6 LAND USE BYLAW No. 1443-10, as amended
SCHEDULE 'C': ZONING MAP AND RECORD OF
DECISIONS PURSUANT TO SECTION 90.5
The Zoning Map book and record of decisions pursuant to Section 90.5 are
maintained by the Development Officer and kept separately from this document.