Land Use Bylaw 19-02

County of Vermilion River, Alberta · adopted 2019-01-01

This is the exact embedded text of the captured official document. Snapshot ff8f5bd43ef2 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

County of Vermilion River 0 Land Use Bylaw 19-02 BYLAW NO. 19-02 LAND USE BYLAW Consolidated March 2026 County of Vermilion River 1 Land Use Bylaw 19-02 Note: Land Use Bylaw No. 19-02 repeals and replaces Land Use Bylaw No. 13-14, and all amending bylaws thereto, in accordance with Section 1.5 of Land Use Bylaw No. 19-02. Bylaw No. 21-06 April 2021 Bylaw No. 21-13 June 2021 Bylaw No. 21-15 December 2021 Bylaw No. 22-03 April 2022 Bylaw No. 22-05 May 2022 Bylaw No. 22-15 August 2023 Bylaw No. 20-10 September 2020 Bylaw No. 20-11 May 2020 Bylaw No. 20-21 September 2020 Bylaw No. 20-22 September 2020 THIS CONSOLIDATED COPY INCLUDES: Bylaw No. 23-11 August 2023 Bylaw No. 23-19 January 2024 Bylaw 24-09 May 2024 Bylaw 25-20 October 2025 Bylaw 25-25 December 2025 Bylaw 26-01 March 2026 County of Vermilion River 2 Land Use Bylaw 19-02 TABLE OF CONTENTS LIST OF FIGURES .................................................................................................................................................. 8 LIST OF TABLES .................................................................................................................................................... 8 GUIDE TO USING THE COUNTY OF VERMILION RIVER LAND USE BYLAW ............................................................. 10 PART 1.0 ADMINISTRATIVE PROCEDURES .......................................................................................................... 12 SCOPE ..................................................................................................................................................... 14 COMPLIANCE WITH OTHER LEGISLATION ......................................................................................................... 14 PURPOSE ................................................................................................................................................. 15 REPEAL .................................................................................................................................................... 15 TRANSITIONAL PROVISIONS.......................................................................................................................... 16 SEVERABILITY............................................................................................................................................ 16 RULES OF INTERPRETATION .......................................................................................................................... 16 ILLUSTRATIONS .......................................................................................................................................... 18 METRIC AND IMPERIAL MEASUREMENTS........................................................................................................ 18 DECISION AUTHORITIES .............................................................................................................................. 18 DEVELOPMENT AND SUBDIVISION APPEALS .................................................................................................... 19 ENFORCEMENT, PENALTIES, AND FINES .......................................................................................................... 26 LAND USE BYLAW AMENDMENT .................................................................................................................. 29 PART 2.0 DEVELOPMENT: PERMITS, RULES, AND PROCEDURES .......................................................................... 34 CONTROL OF DEVELOPMENT ....................................................................................................................... 36 DEVELOPER RESPONSIBILITIES ...................................................................................................................... 37 DEVELOPMENT COMMENCEMENT AND COMPLETION ....................................................................................... 38 DEVELOPMENT NOT REQUIRING A PERMIT ..................................................................................................... 39 DEVELOPMENT PERMIT APPLICATIONS DECISIONS ............................................................................................ 42 DEVELOPMENT PERMIT APPLICATIONS NOTICE OF DECISION.............................................................................. 48 DEVELOPMENT PERMIT APPLICATIONS REQUIREMENTS ..................................................................................... 49 Industrial Development Permit Application Requirements ..................................................... 52 Commercial & Recreation Development Permit Application Requirements ........................... 54 Resource Extraction Development Permit Application Requirements .................................... 55 Excavation and Stripping of Land and/or Stockpiling of Materials Development Permit Application Requirements ...................................................................................................... 58 Alternative Energy Systems Development Permit Application Requirements ........................ 60 DEVELOPMENT PERMIT EXPIRED AND DISCONTINUED USES ............................................................................... 62 DEVELOPMENT PERMITS VALIDITY ................................................................................................................ 63 DWELLING UNITS AND MAIN BUILDINGS ON A LOT OR PARCEL ........................................................................... 64 EXISTING SUBSTANDARD LOTS ...................................................................................................................... 65 NON-CONFORMING BUILDINGS AND USES ..................................................................................................... 66 POWERS OF VARIANCE ............................................................................................................................... 67 County of Vermilion River 3 Land Use Bylaw 19-02 PUBLIC PARTICIPATION REQUIREMENTS ......................................................................................................... 70 REFERRAL OF APPLICATION .......................................................................................................................... 71 TWO OR MORE LAND USE DISTRICTS ON A LOT OR PARCEL ............................................................................... 72 USE AND OCCUPANCY PERMIT REQUIREMENTS ............................................................................................... 73 PART 3.0 SUBDIVISION: STANDARDS, RULES, AND PROCEDURES ........................................................................ 76 GENERAL SUBDIVISION REGULATIONS ............................................................................................................ 78 SUBDIVISION APPLICATIONS DECISIONS .......................................................................................................... 79 SUBDIVISION APPLICATIONS REQUIREMENTS ................................................................................................... 83 SUBDIVISION BARE LAND CONDOMINIUMS .................................................................................................... 88 SUBDIVISION DESIGN STANDARDS ................................................................................................................. 89 SUBDIVISION STRATA SPACE PLANS ............................................................................................................... 93 PART 4.0 GENERAL PROVISIONS ........................................................................................................................ 94 APPLICABILITY ........................................................................................................................................... 96 ACCESSORY AND MAIN BUILDINGS SITING AND SETBACKS IN NON-RESIDENTIAL DISTRICTS REGULATIONS................... 97 ACCESSORY AND MAIN BUILDINGS SITING AND SETBACKS IN RESIDENTIAL DISTRICTS REGULATIONS ......................... 103 CORNER AND DOUBLE FRONTING LOTS OR PARCELS ....................................................................................... 110 DESIGN, CHARACTER AND APPEARANCE OF DEVELOPMENTS STANDARDS AND REGULATIONS ................................. 112 DEVELOPMENT ADJACENT TO ROADWAYS REGULATIONS .................................................................................. 120 GENERAL DEVELOPMENT REGULATIONS ....................................................................................................... 122 GENERAL SERVICING REQUIREMENTS .......................................................................................................... 127 GENERAL SITE DEVELOPMENT CONDITIONS AND BUFFERING REQUIREMENTS ...................................................... 128 Development in Riparian Lands ............................................................................................ 130 Development in Wetlands .................................................................................................... 131 Development in Flood Risk & Flood Fringe Areas ................................................................. 132 Development in Slopes ......................................................................................................... 133 LANDSCAPING ......................................................................................................................................... 135 OBJECTS PROHIBITED OR RESTRICTED IN YARDS ............................................................................................. 136 OTHER USES WITHIN THE AGRICULTURAL (A) DISTRICT REGULATIONS ................................................................ 138 OTHER USES IN NON-RESIDENTIAL DISTRICTS REGULATIONS ............................................................................ 140 OTHER USES IN RESIDENTIAL DISTRICTS REGULATIONS .................................................................................... 144 PARKING AND LOADING REGULATIONS ......................................................................................................... 152 Off-Street Loading Facilities ................................................................................................. 158 Shared Parking Facilities ....................................................................................................... 159 PROJECTIONS INTO YARDS......................................................................................................................... 160 PROTECTION FROM HAZARD EXPOSURE REGULATIONS .................................................................................... 161 RESIDENTIAL CONSERVATION AND NON-RESIDENTIAL CLUSTER DEVELOPMENT REQUIREMENTS AND REGULATIONS .... 162 RESIDENTIAL USE MULTI-UNIT DEVELOPMENTS ............................................................................................ 173 SECONDARY SUITES AND SECONDARY DWELLING UNITS .................................................................................. 176 SIGN REGULATIONS .................................................................................................................................. 181 PART 5.0 SPECIAL PROVISIONS ........................................................................................................................ 196 APPLICABILITY ......................................................................................................................................... 198 County of Vermilion River 4 Land Use Bylaw 19-02 ABATTOIRS ............................................................................................................................................. 199 ALTERNATIVE ENERGY SYSTEMS .................................................................................................................. 200 Geothermal systems ............................................................................................................. 202 Wind Conversion Systems (WECS), Large ............................................................................. 203 Wind Conversion Systems (WECS), Micro ............................................................................. 206 Wind Conversion Systems (WECS), Small ............................................................................. 206 AUTO WRECKERS AND SALVAGE YARDS ........................................................................................................ 209 CAMPGROUNDS AND CAMPSITES ................................................................................................................ 210 CONFINED FEEDING OPERATIONS AND MANURE STORAGE FACILITIES ................................................................ 214 COMPOST FACILITIES AND LANDFILLS........................................................................................................... 215 DAY USE AND PICNIC AREAS ...................................................................................................................... 216 DWELLING AND BUILDING CONVERSION STANDARDS ...................................................................................... 217 HOME OCCUPATIONS ............................................................................................................................... 218 INCLUSIONARY HOUSING REQUIREMENTS..................................................................................................... 222 LICENSED CANNABIS PRODUCTION AND/OR PROCESSING, STORAGE, OR DISTRIBUTION FACILITY AND/OR PREMISES ... 224 LICENSED CANNABIS RETAIL SALES ESTABLISHMENTS AND/OR PREMISES ............................................................ 232 LICENSED INDUSTRIAL HEMP PRODUCTION AND/OR PROCCESSING, STORAGE, OR DISTRIBUTION FACILITY AND/OR PREMISES .............................................................................................................................................. 240 LIQUOR SALES, STORAGE, AND CONSUMPTION ESTABLISHMENTS ...................................................................... 248 MOTELS ................................................................................................................................................ 252 NATURAL RESOURCE EXTRACTION AND GROUND DISTURBANCE OPERATIONS ...................................................... 253 PET KEEPING AND ANIMAL BREEDING AND/OR BOARDING FACILITIES ................................................................ 255 RECREATIONAL VEHICLES .......................................................................................................................... 256 RECREATIONAL VEHICLE CAMPGROUNDS ...................................................................................................... 257 RECREATIONAL VEHICLE WORK CAMPS ........................................................................................................ 260 REHABILITATION AND ADAPTIVE REUSE STANDARDS ....................................................................................... 263 RELOCATION OF BUILDINGS ....................................................................................................................... 266 SEA CANS AND SHIPPING CONTAINERS ......................................................................................................... 267 SERVICE STATIONS ................................................................................................................................... 268 SHOOTING RANGES .................................................................................................................................. 270 TELECOMMUNICATION FACILITIES ............................................................................................................... 273 TOWER/ANTENNA FACILITIES .................................................................................................................... 274 VEHICLE WASHING ESTABLISHMENTS .......................................................................................................... 276 WIRELESS COMMUNICATION FACILITIES....................................................................................................... 277 PART 6.0 LAND USE DISTRICTS REGULATIONS .................................................................................................. 280 ESTABLISHMENT OF LAND USE DISTRICTS ..................................................................................................... 282 NON-RESIDENTIAL DISTRICTS ..................................................................................................................... 284 Agricultural (A) District ......................................................................................................... 284 Business and Services (B) District ......................................................................................... 290 Commercial (C1) District ....................................................................................................... 294 Commercial - General (CG) District ....................................................................................... 300 Commercial - Limited (C2) District ........................................................................................ 306 Industrial - Heavy (MH) District ............................................................................................ 310 County of Vermilion River 5 Land Use Bylaw 19-02 Industrial - Light (M1) District .............................................................................................. 316 Industrial - Medium (M) District ........................................................................................... 322 Industrial - Rural (RM) District .............................................................................................. 328 Landfill, Composting, and Waste (LC-W) District .................................................................. 334 Reserves and Utility (RU) District .......................................................................................... 338 Parks and Recreation (PR) District ........................................................................................ 344 RESIDENTIAL DISTRICTS ............................................................................................................................ 348 Country Residential - Agriculture (CR-A) District .................................................................. 348 Country Residential - Multi-Lot (CR-M) District .................................................................... 352 Country Residential - Single-Lot (CR-S) District ..................................................................... 356 Residential - Low Density (R) District .................................................................................... 360 Residential - Medium Density (R1) District ........................................................................... 366 Residential - High Density (R2) District ................................................................................. 372 Residential - Multi-Family/Multi-Unit (R3) District............................................................... 378 CONTROL DISTRICTS................................................................................................................................. 384 Crossroads Direct Control (CDC) District ............................................................................... 384 PART 7.0 OVERLAY DISTRICTS REGULATIONS .................................................................................................... 384 North Gateway Direct Control (NGDC) District ..................................................................... 392 Highway Development (HD) District ..................................................................................... 400 Highway Development Special Purpose (HDS) District ......................................................... 406 Urban Growth (UB) District .................................................................................................. 412 PART 7.0 OVERLAY DISTRICTS REGULATIONS .................................................................................................... 418 ESTABLISHMENT OF OVERLAY DISTRICTS ....................................................................................................... 420 OVERLAY DISTRICTS REGULATIONS .............................................................................................................. 422 Airport Vicinity Area (AVA) Overlay ...................................................................................... 422 Environmentally Sensitive Area (ESA) Overlay ...................................................................... 432 PART 8.0 DEFINITIONS ..................................................................................................................................... 436 A ..................................................................................................................................................................... 436 B ..................................................................................................................................................................... 441 C ..................................................................................................................................................................... 444 D .................................................................................................................................................................... 449 E ..................................................................................................................................................................... 457 F ..................................................................................................................................................................... 459 G ....................................................................................................................................................................461 H .................................................................................................................................................................... 462 I ...................................................................................................................................................................... 466 K ..................................................................................................................................................................... 468 L ..................................................................................................................................................................... 468 M .................................................................................................................................................................... 474 N .................................................................................................................................................................... 475 O .................................................................................................................................................................... 476 Amended by Bylaw 22-05 Amended by Bylaw 22-05 County of Vermilion River 6 Land Use Bylaw 19-02 P ..................................................................................................................................................................... 478 R ..................................................................................................................................................................... 480 S ..................................................................................................................................................................... 484 T ..................................................................................................................................................................... 488 U .................................................................................................................................................................... 489 V ..................................................................................................................................................................... 489 W ................................................................................................................................................................... 490 Y ..................................................................................................................................................................... 492 DEFINITIONS NOT PROVIDED ..................................................................................................................... 494 DISCRETIONARY PROVISIONS ...................................................................................................................... 494 PART 9.0 LAND USE MAPS ............................................................................................................................... 496 LAND USE DISTRICT MAP .......................................................................................................................... 498 INTERMUNICIPAL AREAS ............................................................................................................................ 500 City of Lloydminster.............................................................................................................. 500 Town of Vermilion ................................................................................................................. 500 Village of Kitscoty ................................................................................................................. 500 Village of Marwayne ............................................................................................................ 500 Village of Paradise Valley ..................................................................................................... 500 HAMLETS ............................................................................................................................................... 502 Hamlet of Blackfoot .............................................................................................................. 502 Hamlet of Clandonald ........................................................................................................... 502 Hamlet (Village) of Dewberry ............................................................................................... 502 Hamlet of Islay ..................................................................................................................... 502 Hamlet of Mclaughlin ........................................................................................................... 502 hamlet of Rivercourse ........................................................................................................... 502 Hamlet of Streamstown........................................................................................................ 502 Hamlet of Tulliby lake ........................................................................................................... 502 RESIDENTIAL AREA STRUCTURE PLANS ......................................................................................................... 504 Aberdeen Plains Estates ....................................................................................................... 504 Brennan Acres ...................................................................................................................... 504 Clover View Acres ................................................................................................................. 504 Country Air Estates ............................................................................................................... 504 Creekside Estates .................................................................................................................. 504 Deerfoot estates................................................................................................................... 504 Denwood Acres ..................................................................................................................... 504 Grandview Estates ................................................................................................................ 504 Hawkstone ............................................................................................................................ 504 Horizonview Acres ................................................................................................................ 504 Indian Lake Meadows ........................................................................................................... 504 Lakeview Acres ..................................................................................................................... 504 Morning Gold estates ........................................................................................................... 504 Ravine View .......................................................................................................................... 504 Robinwood Acres .................................................................................................................. 504 County of Vermilion River 7 Land Use Bylaw 19-02 Robinwood Estates ............................................................................................................... 504 Sandpiper Estates ................................................................................................................. 504 Silver willow estates ............................................................................................................. 504 Willow Creek......................................................................................................................... 504 NON-RESIDENTIAL AREA STRUCTURE PLANS ................................................................................................. 506 Corridor Business park .......................................................................................................... 506 County Energy park .............................................................................................................. 506 Devonia Business Park .......................................................................................................... 506 Kam's Industrial Park ............................................................................................................ 506 Reinhart Business Park ......................................................................................................... 506 Reinhart Industrial Park ........................................................................................................ 506 SITE DEVELOPMENT PLANS ........................................................................................................................ 508 Rau Site Development Plan .................................................................................................. 508 RESERVED............................................................................................................................. 508 County of Vermilion River 8 Land Use Bylaw 19-02 LIST OF FIGURES FIGURE 1. SITING AND SETBACKS IN NON-RESIDENTIAL DISTRICTS. ....................................................................................... 101 FIGURE 2. SHELTERBELT SETBACKS. ................................................................................................................................. 101 FIGURE 3. SITING AND SETBACKS IN RESIDENTIAL DISTRICTS. ............................................................................................... 109 FIGURE 4. PERMITTED ENCROACHMENTS WITHIN SIDE YARDS ON A CORNER SITE. ................................................................... 109 FIGURE 5. FENCING REGULATIONS. ................................................................................................................................. 116 FIGURE 6. BUILDING AND ACCESS SETBACKS REQUIREMENTS NEAR ROAD CURVES................................................................... 121 FIGURE 7. PARKING LOT LAYOUT DESIGN AND DIMENSIONS. ............................................................................................... 153 FIGURE 8A-8B. TYPES OF SIGNS..................................................................................................................................... 184 FIGURE 9. TYPICAL CAMPGROUND/CAMPSITE LAYOUT. ...................................................................................................... 213 FIGURE 10. RECREATIONAL VEHICLE CAMPROUND EXAMPLE. .............................................................................................. 259 FIGURE 11. SETBACKS FROM WATERCOURSES AND WATER BODIES. ...................................................................................... 340 FIGURE 12. AIRPORT OBSTACLE LIMITATION SURFACES. ..................................................................................................... 424 FIGURE 13. ADJACENT LAND EXAMPLES IN RURAL AND HAMLET/MULTI-LOT RESIDENTIAL AREAS. ................................................ 437 FIGURE 14. BUILDING HEIGHT. ..................................................................................................................................... 443 FIGURE 15, A-B. EXAMPLES OF COMMERCIAL/INDUSTRIAL CLUSTER DEVELOPMENTS. ............................................................. 446 FIGURE 16, A-B. EXAMPLE OF A RESIDENTIAL CONSERVATION DEVELOPMENT. ....................................................................... 447 FIGURE 17. EXAMPLES OF DWELLING TYPES. .................................................................................................................... 453 FIGURE 18. ESTABLISHED GRADE.................................................................................................................................... 458 FIGURE 19. ILLUSTRATION OF LOT DEFINITIONS: CORNER LOT, DOUBLE FRONTING LOT, AND INTERIOR LOT................................. 472 FIGURE 20. LOCATION OF YARDS. ................................................................................................................................... 493 LIST OF TABLES TABLE 1. DESIGNATED SETBACKS FROM ROADWAYS. .......................................................................................................... 102 TABLE 2. INDUSTRIAL USES SEPARATION .......................................................................................................................... 123 TABLE 3. PARKING AND LOADING REQUIREMENTS ............................................................................................................. 154 TABLE 4. CONTRIBUTION OF AMENITIES EXAMPLES. ........................................................................................................... 168 TABLE 5. AFFORDABILITY LEVEL OF 30% OF MONTHLY INCOME. .......................................................................................... 223 TABLE 6. SUSTAINABLE RESOURCE DEVELOPMENT RECOMMENDED GUIDELINES FOR MINIMUM ENVIRONMENTAL RESERVE/EASEMENT WIDTHS. ..................................................................................................................................................... 343 TABLE 7. WASTE & WASTEWATER FACILITY SETBACKS. ....................................................................................................... 433 County of Vermilion River 9 Land Use Bylaw 19-02 This Page Intentionally Left Blank County of Vermilion River 10 Land Use Bylaw 19-02 GUIDE TO USING THE COUNTY OF VERMILION RIVER LAND USE BYLAW The County of Vermilion River Land Use Bylaw establishes regulations for the Use and Development of land and Buildings within the County. These regulations prescribe the manner in which to carry out Subdivision, Development, and of all land and Buildings, whether the latter are constructed or moved in. Additionally, it regulates the type, location, and intensity of Land Use and Buildings; it outlines the process for rezoning land and applying for permits to develop or subdivide Property; as well as the administrative and enforcement procedures of the regulations. When using the Land Use Bylaw, keep in mind that Regulations vary depending on the location and type of Development and that some Developments or Uses must follow additional County, Province, or Federal Government Bylaws or Regulations. Where possible, the Land Use Bylaw attempts to provide some guidance to these other requirements. This is not to say that the County of Vermilion River Land Use Bylaw contains an exhaustive list; instead, it is up to each individual to ensure the observance of the laws of each level of government regulating the Use of land and Development. STRUCTURE AND USE The Land Use Bylaw divides the County into various Land Use Districts. The user needs to examine all the elements of the Land Use Bylaw to determine applicable regulations to a specific Parcel of Land or Lot. Land Use Bylaw Maps identify the specific location of the various Land Use Districts established in the County. Land Use Districts contain general Subdivision and Development standards for each of the established designations. Overlay Districts contain additional regulations to those contained in a Land Use District for each of the established designations. General Provisions are overall requirements, which apply to some or all Development. Special Provisions outline additional controls for particular Uses that may occur within certain Districts. Definitions may include additional requirements to some Uses. When using the Land Use Bylaw, it is suggested that the user follow these steps: County of Vermilion River 11 Land Use Bylaw 19-02 Locate the subject Property on the Land Use District maps. Each Land Use District has a designation such as "A" for AGRICULTURAL or "C1" for COMMERCIAL. Take note of which Land Use District the subject Property is located in. Also, note if a Site Development Plan or Area Structure Plan affects the subject Property, which may modify some of the Uses and regulations of the Land Use Bylaw or impose additional regulations. Check the table of contents and locate the Land Use District of your interest. The Land Use District list is in alphabetical order starting in Part 6.0. In each Land Use District, you will find a list of Permitted and Discretionary Uses and other applicable regulations. These regulations are used to determine the Use of land and Buildings in each district, the types, and how of what can be developed in any given Land Use District. The Definitions in Part 8.0 should also be consulted to ensure that words and terms used in the Land Use Bylaw are understood. Definitions may include additional requirements to some Uses. Review any additional regulations that may apply to the Development or Use. For example, Part 2.0 Development Permits, Rules, and Procedures describes the rules and procedures applicable to Development Permits; Part 3.0 Subdivision Standards, Rules, and Procedures provides guidance with land Subdivision matters; Part 4.0 General Provisions and Part 5.0 Special Provisions contain additional regulations specific to some types of Development applicable to all Land Use Districts. Part 7.0 Overlay Districts Regulations includes additional regulations that apply to some lands based on a specific Use or location. All the applicable regulations for the lands subject to a Development Permit application within the Land Use Bylaw or other plans must be complied with. Before submitting an application, discuss your proposal/concern with Planning and Development staff. County staff is well trained and eager to assist you with your Development, Subdivision, or general inquiry issues and to explain procedures. They can also assist with other situations, such as enforcement or a Land Use Bylaw amendment. REFERENCING When referencing any part of the County of Vermilion River Land Use Bylaw you can use the following format: 1.0 PART 1.1 Section 1.1.1 Sub-section (a) Paragraph (i) Sub-paragraph 1. Item a. Clause County of Vermilion River 12 Land Use Bylaw 19-02 This Page Intentionally Left Blank PART 1.0 ADMINISTRATIVE PROCEDURES County of Vermilion River 13 Land Use Bylaw 19-02 This Page Intentionally Left Blank 1.0 Administrative Procedures 1.1 Title County of Vermilion River 14 Land Use Bylaw 19-02 TITLE The title of this Bylaw shall be the Land Use Bylaw of the County of Vermilion River. SCOPE No Development shall be permitted within the boundaries of the County of Vermilion River except in conformity with the provisions of this Bylaw. COMPLIANCE WITH OTHER LEGISLATION In addition to the requirements of this Bylaw, an applicant must comply with all Federal, Provincial, and Municipal legislation including requirements contained in a Development Permit or Agreement. This Bylaw is consistent the Municipal Government Act (hereinafter referred to as "the Act"), as amended, repealed or replaced from time to time. Pursuant to Section 632(4), 633(3) statutory plans must be consistent. Hierarchy of Plans Pursuant to Section 638.1 of the Municipal Government Act; RSA 2000 c. M26, as amended or repealed and replaced from time to time, in the event of a conflict or inconsistency between a statutory plan or a Land Use Bylaw, and an Alberta Land Stewardship Act (ALSA) regional plan, the ALSA regional plan prevails to the extent of the conflict or inconsistency. Municipal Government Act Provincial Regional Plans Intermunicipal Collaboration Framework Intermunicipal Development Plan Municipal Development Plan Site Development and/or Plan Area Structure Plan Land Use Bylaw County Policies This Bylaw shall be applied in a manner that supports the implementation of statutory plans and local plans, which have been adopted by the County, and is consistent with the County's Municipal Development Plan, ALSA Regional Plans, and the Municipal Government Act; RSA 2000 c. M26, as amended or repealed and replaced from time to time. 1.0 Administrative Procedures 1.4 Purpose County of Vermilion River 15 Land Use Bylaw 19-02 This Bylaw shall be used in conjunction with County Policies and Procedures, as adopted and amended by County Council. Nothing in this Bylaw exempts a Person from their obligation to comply with: any Federal, Provincial, or Municipal legislation; any relevant caveat, Easement, instrument, agreement, or other legal requirement; or any standards, policies, procedures; or other requirements of the Municipality. The issuance of a Development Permit does not entitle a business to operate, which may require a license under a separate agency or organization, nor does it entitle the Construction of a Building, which may require Safety Codes permits for Development of any structures regulated under the Safety Codes Act. PURPOSE The purpose of this Bylaw is to regulate the Use and Development of land and Buildings within the County of Vermilion River to achieve the orderly, economic, diverse, and sustainable Development of land and for that purpose amongst other things, this Land Use Bylaw sets the following objectives: To divide the land within the boundary of the County of Vermilion River into Districts; To establish the roles of the Approving Authorities; To prescribe and regulate for each District the purposes for which land and Buildings may be respectively subdivided, developed, and used; To establish a method of making decisions on applications for Development Permits and issuing Development Permits for any Development provided for herein; To provide the manner in which notice of the issuance of a Development Permit is to be given; To implement the policies of the statutory plans of the County of Vermilion River; To establish supplementary regulations governing certain specific Land Uses; and To establish the procedures for making amendments to this Bylaw. REPEAL This Bylaw comes into force upon receiving Third and Final reading by Council and repeals Land Use Bylaw No. 13-14 in its entirety and any resolutions made thereunder or amendments thereto, which shall cease to have effect on the day this Bylaw comes into force. 1.0 Administrative Procedures 1.6 Transitional provisions County of Vermilion River 16 Land Use Bylaw 19-02 TRANSITIONAL PROVISIONS An application for Subdivision or a Development Permit, which has been submitted and not yet deemed complete, prior to the effective date of this Bylaw, shall be processed in accordance with this Bylaw. An application for Subdivision or Development Permit, which has been submitted and deemed complete, but has not yet received a decision prior to the effective date of this Bylaw; may be evaluated under the provisions herein, at the discretion of the Development Authority or the Subdivision Authority. An application to amend the Land Use Bylaw that has not been given third reading by Council prior to the coming into force of this Bylaw shall be considered by Council pursuant to this Bylaw and any other relevant Federal, Provincial, or Municipal legislation. SEVERABILITY If any portion of this Bylaw is held to be invalid by a decision of a court of competent jurisdiction, that decision does not affect the validity of the remaining portions of this Bylaw. RULES OF INTERPRETATION Compliance with the policies in this Bylaw shall be interpreted and applied as follows: "SHALL", "MUST", and "IS" are operative words that mean that the action or actions outlined are imperative or mandatory and therefore must be complied with, without discretion, except in cases where a Variance has been granted pursuant to the Municipal Government Act; RSA 2000 c. M26, as amended or repealed and replaced from time to time; "SHOULD" is a directive term, which means that, in order to achieve the established goals, and objectives, it is strongly advised that the action be taken. Exceptions shall be made only under extenuating circumstances. When the regulation is directed to the Developer, the onus to justify is on the applicant; and "MAY" is a discretionary term, meaning a choice is available, with no particular direction or guidance intended, and is usually dependent on the particular circumstances of the specific Parcel of Land or Lot and application that are under consideration at any given moment. "SUCH AS" indicates an idiomatic preposition meaning "for example" or "of a kind that; like" in reference to the condition or conditions following the statement but does not implies an exhaustive list. "SUCH THAT" indicates an idiomatic preposition meaning "to the extent that", "as being what is indicated; in that capacity" in reference to the condition or conditions following the statement as a requirement for its fulfilment, but does not implies an exhaustive list. 1.0 Administrative Procedures 1.8 Rules of interpretation County of Vermilion River 17 Land Use Bylaw 19-02 "PROVIDED THAT" indicates a conjunction meaning "if; only if", in reference to the condition or conditions following the statement as a requirement for its fulfilment but does not implies an exhaustive list. "CONSIDERED" indicates an adjective meaning "to regard as" or "deem to be", in reference to the condition or conditions following the statement. "PERMITTED USE" means the Use of land or a Building for which a Development Permit shall be issued upon application having been made provided that all of the regulations of this Bylaw, and all of the matters left to the discretion or the satisfaction of Approving Authorities, have been fulfilled to the satisfaction of the respective Approving Authority. All Permitted Uses require the issuance of a Development Permit, unless identified as "not requiring a Development Permit" or "exempt" under this Bylaw. "DISCRETIONARY USE" indicates the one (1) or more Uses of land or Buildings that may be permitted in a given District at the discretion of the Approving Authority, with or without conditions, subject to an application having been made. Discretionary Use includes Permitted Uses that submit a Request for a Variance application. "MAIN USE" means a Main Use as defined in this Bylaw. "ACCESSORY USE" means a Subordinate Use as defined in this Bylaw. "MAIN" indicates an adjective meaning first in order of importance or principal. "EXEMPT" means Development that does not require a Development Permit, if it meets all requirements of this Bylaw. Where a regulation involves two (2) or more conditions, provisions, or events connected by a conjunction, the following shall apply: "AND" means all the connected items shall apply in combination; "OR" indicates that the connected items may apply singly or in combination; and "EITHER/OR" indicates the items shall apply singly, but not in combination. Words used in the present tense include the other tenses and derivative forms. Words used in the singular include the plural and vice-versa. When a word is used in the masculine, it will refer to either gender. Examples listed in a Land Use definition are not intended to be exclusive or restrictive. In the case of any conflict between a number written in numerals and a number written in letters, the number written in numerals shall govern. 1.0 Administrative Procedures 1.9 Illustrations County of Vermilion River 18 Land Use Bylaw 19-02 Where reference is made to other legislation or documents, the reference is to the legislation or documents then in effect and shall include all amendments and any successor legislation. ILLUSTRATIONS Drawings and graphic depictions are provided to assist in interpreting and understanding the provisions of this Bylaw. Where any conflict or inconsistency arises between a drawing and the text of the Bylaw, the text shall prevail. METRIC AND IMPERIAL MEASUREMENTS Within this Bylaw, both Metric and Imperial measures are normally provided with the Imperial measures within brackets. However, the Imperial measures are approximate, and are provided only for information. DECISION AUTHORITIES Development Authority For the purposes of this Bylaw: The Development Authority shall be the Person or Persons appointed to be the Development Authority pursuant to the Municipality's Development Authority Bylaw, with their duties and responsibilities that are specified in this Bylaw. The Development Authority shall keep and maintain for the inspection of the public during all reasonable hours, a copy of this Bylaw and all amendments thereto, and keep a register of all applications for Development, including the decisions thereof. For the purposes of Section 542 of the Municipal Government Act; RSA 2000 c. M26, as amended or repealed and replaced from time to time, the Development Authority is hereby declared to be a designated officer. Development Authority Officer The position of designated officer for the limited purpose of exercising the powers, duties, and functions of a Development Authority Officer is hereby established. The Development Authority Officer shall be appointed by resolution of Council. The Development Authority Officer may sign, on behalf of the Development Authority, any order, decision, approval, notice, or other thing made or given by it. The Development Authority Officer shall: 1.0 Administrative Procedures 1.12 Development and Subdivision Appeals County of Vermilion River 19 Land Use Bylaw 19-02 Keep and maintain for the inspection of the public during all reasonable hours, a copy of this Bylaw and all amendments thereto; and Keep a register of all applications for Development, the decisions thereon, and the reasons therefor. Council The Council of the County of Vermilion River shall perform such duties as are specified for it in this Bylaw. Subdivision Authority For the purposes of this Bylaw, the Subdivision Authority shall be the Person or Persons appointed to be the Subdivision Authority pursuant to the Municipality's Subdivision Authority Bylaw, as amended or replaced from time to time, with their duties and responsibilities that are specified in Part 3 of this Bylaw. Municipal Planning Commission For the purposes of this Bylaw, the Municipal Planning Commission shall be the Municipal Planning Commission as established by Bylaw pursuant to Section 626 of the Municipal Government Act. Subdivision and Development Appeal Board The Subdivision and Development Appeal Board established by the Municipality's Subdivision and Development Appeal Board Bylaw shall perform such duties as are specified in Section 1.12 of this Bylaw. Municipal Government Board The Municipal Government Board consists of the Persons appointed by the Lieutenant Governor in Council, on the recommendation of the Minister, pursuant to the Municipal Government Act; RSA 2000 c. M26, as amended or repealed and replaced from time to time, for such duties as are specified under Sections 619 and Section 678 of the Act and for the purposes of Section 1.12 of this Bylaw. DEVELOPMENT AND SUBDIVISION APPEALS Development Appeals and Procedures An appeal on a decision of the Development Authority may be made within twenty-one (21) days after receipt of written notice issued under Section 2.2 of this Bylaw to the Subdivision and Development Appeal Board: where a Development Authority: 1.0 Administrative Procedures 1.12 Development and Subdivision Appeals County of Vermilion River 20 Land Use Bylaw 19-02 refuses or fails to make a decision on a Development Permit application within forty (40) days of receipt of a completed application or prior to the expiry date of an agreement between the applicant(s) and the Development Authority Officer to extend the 40-day period herein described; or issues a Development Permit for a Discretionary Use subject to conditions pursuant to this Bylaw; or issues an order under Section 1.13 of this Bylaw. when the applicant for a Development Permit, or a Person is affected by an order under Section 1.13; or when any other Person affected by an order, decision, or Development Permit made or issued by a Development Authority. Notwithstanding Items 1(a)(i)1 and 1(a)(i)2 above, 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, or the application was deemed to be refused under Section 2.2. Notwithstanding Items 1(a)(i)1 and 1(a)(i)2 above, no appeal lies to the Subdivision and Development Appeal Board in respect of the issuance of a Development Permit by Council in the Direct Control District. If the decision is made by a Development Authority, the appeal is limited to whether the Development Authority followed the directions of Council, and if the Subdivision and Development Appeal Board finds that the Development Authority did not follow the directions it may, in accordance with the directions, substitute their decision for the Development Authority's decision. An appeal shall be made by serving a written notice of appeal to the Secretary of the Subdivision and Development Appeal Board within twenty-one (21) days after: the date of the receipt of written notice issued under Section 2.2 of this Bylaw of the order or decision or the issuance of the Development Permit; or if no decision is made with respect to the application within the 40-day period or within any extension issued under Section 684 of the Act. With respect to an order under section 645 of the Act, within twenty-one (21) days after the date on which the order is made. The date of notification of an order or decision or the issuance of a Development Permit is deemed to be seven (7) days from the date the order or decision or the notice of issuance of the Development Permit is mailed. Each notice of appeal shall be accompanied by a fee as set by Council and shall contain at least one reason for appeal. 1.0 Administrative Procedures 1.12 Development and Subdivision Appeals County of Vermilion River 21 Land Use Bylaw 19-02 Development Appeal Hearing Procedure Within thirty (30) days of receipt of a notice of appeal, the Subdivision and Development Appeal Board shall hold an appeal hearing respecting the appeal. The Subdivision and Development Appeal Board shall give at least five (5) days' notice in writing of the appeal hearing to: the appellant; the Development Authority from whose order, decision or Development Permit the appeal is made; the applicant and/or landowner(s); those adjacent landowners who were notified under this Bylaw and any other Person who, in the opinion of the Subdivision and Development Appeal Board, are affected by the order, decision or permit; and such other Persons as the Subdivision and Development Appeal Board specifies. The Subdivision and Development Appeal Board shall make available for public inspection and before the commencement of the appeal hearing all relevant documents and materials respecting the appeal, including: the application for the Development Permit, the decision, and the notice of appeal; or the order of the Development Authority under Section 1.13 of this Bylaw or Section 645 of the Municipal Government Act, as amended or repealed and replaced from time to time, as the case may be. At the appeal hearing referred to in this Section, the Subdivision and Development Appeal Board shall hear: the appellant or any other Person acting on his/her behalf; the Development Authority from whose order, decision or Development Permit the appeal is made, or if a Person is designated to act on behalf of the Development Authority, that Person; any other Person who was served with notice of the hearing pursuant to paragraph (b) above, and who wishes to be heard or a Person acting on his/her behalf; and any other Person who claims to be affected by the order, decision or permit and that the Subdivision and Development Appeal Board agrees to hear or a Person acting on his/her behalf. Decisions on Development Appeals 1.0 Administrative Procedures 1.12 Development and Subdivision Appeals County of Vermilion River 22 Land Use Bylaw 19-02 In determining an appeal, the Subdivision and Development Appeal Board: shall comply with any applicable Land Use policies, regulations, and applicable statutory plans, and the County's Land Use Bylaw; shall comply with the Province's Land Use Policies and applicable regional plans; must comply with the Inclusionary Housing provisions of the Land Use Bylaw and the Inclusionary Housing Regulation; may confirm, revoke, or vary the order, decision, or Development Permit or any condition attached to any of them or make or substitute an order, decision, or permit of its own; must have regard for, but is not bound by, the Subdivision and Development Regulation; may make an order or decision or issue or confirm the issuance of a Development Permit notwithstanding that the proposed Development does not comply with the Land Use Bylaw, if in the opinion of the Subdivision and Development Appeal Board, the proposed Development would not: unduly interfere with the amenities of the neighbourhood; materially interfere with or affect the Use, enjoyment, or value of neighbouring Lots or Parcels of Land; and the proposed Development conforms with the Use prescribed for that land or Building in this Bylaw. The Subdivision and Development Appeal Board shall give its decision in writing together with reasons for the decision within fifteen (15) days of the conclusion of the appeal hearing. If the decision of the Development Authority to approve a Development Permit application is reversed by the Subdivision and Development Appeal Board, the Development Permit shall be null and void. If the decision of the Development Authority to refuse a Development Permit application is reversed by the Subdivision and Development Appeal Board, the Development Authority shall forthwith approve the Development Permit application in accordance with the decision of the Subdivision and Development Appeal Board. If the decision of the Development Authority to approve a Development Permit is varied by the Development Appeal Board, the Development Authority shall forthwith approve the Development Permit application in accordance with the decision of the Subdivision and Development Appeal Board. 1.0 Administrative Procedures 1.12 Development and Subdivision Appeals County of Vermilion River 23 Land Use Bylaw 19-02 A decision made under this part of the Bylaw is final and binding on all parties and all Persons subject only to an appeal upon a question of jurisdiction or law pursuant to the Act. An application for leave to the Court of Appeal shall be made: to a judge of the Court of Appeal; and within thirty (30) days after the issuance of the order, decision, permit, or approval sought to be appealed. Subdivision Appeals and Procedures A notice of appeal on a decision of the Subdivision Authority may be made within fourteen (14) days after receipt of written notice issued under Section 2.6 of this Bylaw to: the Municipal Government Board if: the land that is the subject of the application is within the Green Area, as classified by the Minister responsible for the Public Lands Act; or the land that is the subject of the application contains, is adjacent to or is within the prescribed distance of a Highway, a water body, a sewage treatment or Waste Management Facility or a historical Site; or in any other circumstances described in the regulations under section 694(1)(h.2) of the Act. the Subdivision and Development Appeal Board: for all other instances; or when a relevant agency or organizations has entered a written agreement to vary the distances in Section 1.12(5) above, under the Subdivision and Development Regulations. For the purpose of Sections 1.12(5) above and 1.12(5)(a)(ii) above, the date of receipt of the decision is deemed to be seven (7) days from the date the decision is mailed. If a notice of appeal is filed with the wrong Appeal Board, the Appeal Board that receives the application must refer the appeal to the appropriate Appeal Board. The appropriate Appeal Board then must hear the appeal as if the notice of appeal had been filed with it, and it is deemed to have received the notice of appeal from the applicant on the date it receives the notice of appeal from the Appeal Board that first received the application. 1.0 Administrative Procedures 1.12 Development and Subdivision Appeals County of Vermilion River 24 Land Use Bylaw 19-02 An appeal shall be made by serving a written notice of appeal to the Secretary of the appropriate Board within fourteen (14) days after: the date of the receipt of written notice issued under Section 2.6 of this Bylaw of the decision of the Subdivision authority; or deemed refusal by the Subdivision Authority, in accordance with Section 681 of the Municipal Government Act; RSA 2000 c. M26, as amended or repealed and replaced from time to time, as amended. if no decision is made with respect to the application within the time prescribed by the Subdivision and Development regulations, or within any extension issued under Section 681 of the Act. Each notice of appeal shall be accompanied by a fee as set by Council and shall contain at least one reason for appeal. Subdivision Appeal Hearing Procedure A Subdivision and Development Appeal Board hearing an appeal under section 678 of the Act must hold the hearing within thirty (30) days after receiving a notice of appeal. The Municipal Government Board hearing an appeal under section 678 of the Act must hold the hearing within sixty (60) days after receiving a notice of appeal. The Appeal Board hearing the appeal shall give at least five (5) days' notice in writing of the appeal hearing to: the applicant for Subdivision approval; the Subdivision Authority that made the decision; the applicant and/or landowner(s); if land that is the subject of the application is adjacent to the boundaries of another Municipality, the adjacent Municipality; any school board to whom the application was referred; every relevant agency or organization that was given a copy of the application pursuant to the Subdivision and Development Regulations; and such other Persons as the Appeal Board specifies. Paragraphs (4), (5) and (6) do not apply to an appeal of the deemed refusal of an application under section 653.1(8) of the MGA. 1.0 Administrative Procedures 1.12 Development and Subdivision Appeals County of Vermilion River 25 Land Use Bylaw 19-02 At the appeal hearing referred to in this Section, the Appeal Board shall hear: a Person or entity that was notified pursuant to Section 1.12(6)(c) above; the Subdivision Authority from whose order, decision, or Development Permit the appeal is made, or if a Person is designated to act on behalf of the Subdivision Authority, such Person; each Owner of Adjacent Land to the land that is the subject of the appeal, or a Person acting on any of those Persons' behalf; and any other Person or entity who claims to be affected by the order, decision, or permit and that the Appeal Board agrees to hear or a Person acting on his/her behalf. Decisions on Subdivision Appeals In determining an appeal, the Board hearing the appeal: must act in accordance with any applicable Regional Plan; must have regard to any statutory plan; must comply with the Inclusionary Housing provisions of the Land Use Bylaw and the Inclusionary Housing Regulation; must conform with the Uses of land referred to in a Land Use Bylaw; must be consistent with the Land Use Policies; must have regard to, but is not bound by, the Subdivision and Development Regulations; may confirm, revoke, or vary the approval or decision or any condition imposed by the Subdivision Authority, or make, or substitute an approval, decision or condition of its own; may, in addition to the other powers it has, exercise the same power as a Subdivision Authority is permitted to exercise pursuant to Part 17 of the Act, or the regulations or bylaws under Part 17 of the Act, as amended or repealed and replaced from time to time. In the case of an appeal of the deemed refusal of an application, in which the Subdivision Authority considered complete, the board must determine whether the documents and information that the applicant provided met the requirements of section 653.1(2) of the Act. Section 1.12(8)(a)(ii) above, does not apply to an appeal of the deemed refusal of an application under section 653.1(8) of the Act, in which an application was considered 1.0 Administrative Procedures 1.13 Enforcement, Penalties, and Fines County of Vermilion River 26 Land Use Bylaw 19-02 incomplete and the applicant failed to submit all the outstanding information and documents required to be considered complete. The Appeal Board shall give its decision in writing together with reasons for the decision within fifteen (15) days of the conclusion of the appeal hearing. When on an appeal the Municipal Government Board or the Subdivision and Development Appeal Board approves an application for Subdivision approval, the applicant must submit the plan of Subdivision or other instrument to the Subdivision Authority from whom the appeal was made for endorsement by it. If a Subdivision Authority fails or refuses to endorse a plan of Subdivision or other instrument submitted to it pursuant to Section 1.12(8)(e) above, the member of the board that heard the appeal who is authorized to endorse the instrument may do so. ENFORCEMENT, PENALTIES, AND FINES Contravention and Stop Orders Every Person or corporation who violates any of the provisions of this Bylaw or who suffers or permits any act or thing to be done in violation of any of the provisions of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this Bylaw, or who does any act which violates any of the provisions of this Bylaw, or fails to comply with any order, notice, or direction given under this Bylaw is in contravention and guilty of an offence against this Bylaw and is liable to the penalties hereby imposed. Where the Development Authority finds that a Development or Use of land or Buildings is not in accordance with: the Municipal Government Act or the regulations; or a Development Permit or Subdivision approval; or any relevant statutory plan, bylaw, or policy; or this Land Use Bylaw; the Development Authority may, in accordance with the Municipal Government Act; RSA 2000 c. M26, as amended or repealed and replaced from time to time, by giving notice in writing to, within the time frame specified by the notice, as the case may be order the registered Owner, the Person in possession of the land or Buildings, or the Person responsible for the contravention, or all or any of them to: stop the Development or Use of the land or Buildings in whole or in part as directed by the notice; and/or 1.0 Administrative Procedures 1.13 Enforcement, Penalties, and Fines County of Vermilion River 27 Land Use Bylaw 19-02 demolish, remove or replace the Development; and/or take such other measures as are specified in the notice so that the Development or Use of the land or Buildings is in accordance with the Act, the regulations, a Development Permit, Subdivision approval or this Bylaw, Where a notice is issued under Section 1.13(1)(b) above, the notice shall state the following and any other information considered necessary by the Development Authority: an explanation of the contravention, and a statement indicating under which provisions of this Bylaw or the Act the order is being cared out; the alternatives and processes which the Person responsible for the contravention may pursue in order to correct the contravention; a time frame in which the contravention must be corrected prior to the County of Vermilion River pursuing action; and advise the Person of his/her right to appeal the notice to the Subdivision and Development Appeal Board. The date on which the order was made; must be given or sent to the Person or Persons referred to in Section 1.13(1)(a) above, on the same day the decision is made. Where a Person fails or refuses to comply with an order directed to him/her pursuant to Section 1.13(1)(a) above, or an order of the Subdivision and Development Appeal Board, the Development Authority may, in accordance with Section 542 of the Act, enter upon the land or Building and take such action as is necessary to carry out the order. Where the Development Authority carries out an order, the County shall, as part of its process, ask the courts to allow it to cause the costs and expenses incurred in carrying out the order to be placed on the tax roll as an additional tax against the Property concerned, and that amount shall be collected in the same manner as taxes on land. The County may register a Caveat under the Land Titles Act pursuant to the Order against the certificate of title that is subject to the Order in accordance with Section 646(2) of the Act. Enforcement This Bylaw may be enforced, and the contravention of any provisions contained herein restrained, by the Court of Queen's Bench of Alberta upon action brought by Council, whether or not any penalty has been imposed for the contravention. A Person who: 1.0 Administrative Procedures 1.13 Enforcement, Penalties, and Fines County of Vermilion River 28 Land Use Bylaw 19-02 contravenes any provision of the Act or the regulations under the Act; contravenes this Bylaw; contravenes an order under this Section and/or Section 645 of the Act; contravenes a Development Permit or Subdivision approval or a condition attached thereto, and/or obstructs or hinders any Person in the exercise or performance of his powers or duties under this Act, the regulations under the Act or this Bylaw is guilty of an offense and is liable to a fine prescribed in Section 566 of the Act. If a Person is found guilty of an offense under Section 1.13 of this Bylaw (Section 557 of the Act), the court may, in addition to any other penalty imposed, order the Person to comply with: the Act and the regulations under the Act; this Bylaw; an order under this Section and/or Section 645 of the Act; and/or a Development Permit or Subdivision approval or a condition attached to a Development Permit or Subdivision approval. Any written notice, or order, or decision that is required under any provision of this Bylaw is deemed to have been served on the Person whom it is addressed when the Order has been: in the case of an individual, delivered personally to the individual, or left for the individual at his or her last known address with a Person on the Premises who appears to be at least eighteen (18) years of age; or in the case of a Person, Partnership, Firm, Company, or Corporation by post mail or personal delivery to either the last known registered office or business address of the Person, Partnership, Firm, Company, or Corporation; or in the event that the County is unsuccessful in its attempts to serve the Order pursuant to Sections 1.131.13(2)(a), (b), or (c) above, a Designated Officer may post a copy of the Order in a conspicuous place on the Property referred to in the Order, where the Designated Officer has reason to believe that the Person to whom the Order is addressed is evading service, and that there is no other reasonable means of service available. Violation Tickets and Fines 1.0 Administrative Procedures 1.14 Land Use Bylaw Amendment County of Vermilion River 29 Land Use Bylaw 19-02 In addition to the process and penalties described above, the Development Authority or any other Person identified as a designated officer by the Council for the purposes of this Section 1.13 shall be authorized to issue violation tickets in respect to any contravention of this Bylaw. The Development Authority or any other Person identified as a designated officer by the Council for the purposes of this Section 1.13 may issue a violation ticket to any Person alleged to have breached any provision of this Bylaw. The violation ticket shall specify the alleged offence committed by the Person to whom the violation ticket is issued and require payment, within twenty-one (21) days from the Date of Issue of the violation ticket, of a fine to the County. Persons contravening any provision of this Bylaw to whom violation tickets are issued shall be liable for a penalty of $150.00 for the first offence and $300.00 for a second or subsequent offence. Each day that a breach of the Bylaw has occurred may be considered to be a separate offence. The violation ticket shall be served upon the alleged offender personally or delivered by regular mail. If payment is made within the time limit, then such payment shall be accepted in lieu of prosecution for the offence. If a Person who has been served with a violation ticket fails to pay the fine specified therein, then the right of the alleged offender to settle the alleged offence without a court appearance shall no longer apply and prosecution for the alleged offence shall proceed. If the Person who was served with the violation ticket is thereafter prosecuted and convicted of the offence specified in the violation ticket, the fine imposed shall not be less than $200.00, plus court costs, for each offence. LAND USE BYLAW AMENDMENT Application for Amendment Subject to the provisions of the Municipal Government Act, as amended or repealed and replaced from time to time, any Section or Part of this Bylaw may be amended. Council may at any time initiate an amendment to this Bylaw, but prior to first reading of any proposed amendment the proposal shall be referred to the Development Authority Officer to prepare an amendment application, reports, and recommendations. Any Person may apply to have this Bylaw amended by applying in writing, by submitting the application form provided by the County of Vermilion River along with applicable fees, and request that the Development Authority present the application to Council. An applicant proposing to amend this Bylaw for a purpose of clarification of an existing provision must provide the following information: 1.0 Administrative Procedures 1.14 Land Use Bylaw Amendment County of Vermilion River 30 Land Use Bylaw 19-02 pay the County of Vermilion River an application and advertising fee as set by Council; undertake in writing on a form provided by the County of Vermilion River to be liable for, and pay on demand, all expenses made necessary by the processing of the proposed amendment which the County may incur, whether it be enacted or not, including but not limited to map printing and reproduction costs, surveys and advertising charges; reasons in support of the application; drawings showing the subject Site, the proposed District and the proposed Use and Development to be proposed on the Site, if applicable; the program of land servicing, if applicable; a recent title search (dated within thirty days of the date the application is received) of the land affected and/or other documents satisfactory to the Development Authority showing the applicant's interest in the said land, if applicable; and where the applicant is an agent acting for the Owner, a letter from the Owner(s) authorizing the agent to make the application. A Person making an application to amend this Bylaw for a purpose other than the clarification of an existing provision of this Bylaw shall: pay the County of Vermilion River an application fee as set by Council; undertake in writing on a form provided by the County of Vermilion River to be liable for, and pay on demand, all expenses made necessary by the processing of the proposed amendment which the County may incur, whether it be enacted or not, including but not limited to map printing and reproduction costs, surveys and advertising charges; reasons in support of the application; drawings showing the subject Site, the proposed District and the proposed Use and Development to be proposed on the Site, if applicable; the program of land servicing, if applicable; information regarding any potential impact of the Development that would be allowed by the proposed amendment on the existing natural or man-made environment; information respecting the suitability of the subject Site for the Development that would be allowed by the proposed amendment; 1.0 Administrative Procedures 1.14 Land Use Bylaw Amendment County of Vermilion River 31 Land Use Bylaw 19-02 a recent title search (dated within thirty days of the date the application is received) of the land affected and/or other documents satisfactory to the Development Authority showing the applicant's interest in the said land, if applicable; sign a statement authorizing the right of entry by the Development Authority to such lands and/or Buildings as may be required for investigation of the proposed amendment; and any other information deemed necessary by the Development Authority or Council. Upon receipt of an application to amend the Land Use Bylaw, the Development Authority shall: initiate or carry out any necessary investigation or analysis of the problems involved in or related to the amendment; and prepare a detailed report including all maps and relevant materials for Council to consider. In order to carry out any necessary investigation or analysis of the problems involved in or related to the amendment, the Development Authority may refer the application to such agencies as they consider necessary for comment. Upon receiving the preliminary advice of the Development Authority, the applicant shall advise the Development Authority if: he/she wishes the Council to proceed with the amendment as submitted by the Person, or an alternative amendment proposed by the Council; or he/she wishes to withdraw the application for an amendment. As soon as reasonably convenient, the Development Authority shall submit the proposed amendment as originally applied for, or as alternatively chosen by the applicant, as the case may be, to the Council, accompanied by the report of the Development Authority and other relevant material, if any, and the Council shall then consider the proposed amendment. During deliberation on the Bylaw amendment application, Council may refer the application to such agencies as it considers necessary for comment. Council may request such information as it deems necessary to reach a decision on the proposed amendment. Notwithstanding anything in this Section, a proposed amendment which has been rejected by Council within the previous twelve (12) months may not be reconsidered unless Council otherwise directs. 1.0 Administrative Procedures 1.14 Land Use Bylaw Amendment County of Vermilion River 32 Land Use Bylaw 19-02 Proposed amendments to this Bylaw are subject to those requirements and procedures set out in the Act regarding the enactment of Bylaws. All amendments to this Bylaw shall be made by Council by Bylaw and in conformity with the requirements of the Act regarding the notification and holding of a public hearing. Public Hearing Process At the discretion of Council, first reading of a proposed amendment may be given before the Public Hearing process, and Council may require that the applicant pay a fee for advertising according to the governing Land Use Bylaw advertising fee schedule as amended from time to time by resolution of County Council. All amendments to this Bylaw shall be made by Council, by Bylaw, and in conformity with the requirements of the Act with regard to the holding of a Public Hearing. Notice shall be provided for proposed bylaws, amendments, resolutions, meetings and public hearings in conformity with the requirements of section 606 and 606.1 of the Act. 1.0 Administrative Procedures 1.14 Land Use Bylaw Amendment County of Vermilion River 33 Land Use Bylaw 19-02 This Page Intentionally Left Blank County of Vermilion River 34 Land Use Bylaw 19-02 PART 2.0 DEVELOPMENT: PERMITS, RULES, AND PROCEDURES County of Vermilion River 35 Land Use Bylaw 19-02 This Page Intentionally Left Blank 2.0 Development: Permits, Rules, and Procedures 2.1 Control of Development County of Vermilion River 36 Land Use Bylaw 19-02 CONTROL OF DEVELOPMENT No Development, other than that designated in Section 2.4, shall commence, or be allowed to commence, or carried on, or caused or allowed to be carried on, within the County unless an application for a Development Permit has been approved and a Development Permit has been issued. Notwithstanding Section 2.1(1) above, where a Variance to any regulation in this Bylaw is required for any Development listed in Section 2.2, in addition to a Development Permit a request for a Variance Permit is also required. No Building or structure shall be used or occupied, and no change in the existing Use or Occupancy of a Building or structure or portion thereof, shall be made until the Development Authority has issued a Use and Occupancy Permit as provided for in Section 2.17 herein. Issuance of a Use and Occupancy Permit shall not be construed as an approval of a violation of the provisions of this Bylaw or of other Provincial or Municipal regulations. Except as otherwise allowed by this Bylaw, Development and Subdivision in each Land Use District shall be in accordance with the Uses listed in the District and all the regulations and guidelines in the Bylaw. Any Person who undertakes, causes, or permits any Development or Occupancy of a Building or on a Lot or Parcel to commence, take place, or continue to take place without a Development Permit being issued, or after a Development Permit has been suspended or revoked; or any Person who undertakes, causes, or permits a Use or Occupancy of a Lot or Parcel or Building before a Use and Occupancy Permit has been issued, or after a Use and Occupancy Permit has been suspended or revoked; shall discontinue such Development and/or Use or Occupancy forthwith upon notice in writing issued under Section 1.13 requiring so, and shall not resume such Development, Use, or Occupancy unless a permit to that effect has been issued or the permit reinstated. Any Person applying for, or in possession of, a Development Permit is not relieved from full responsibility for ascertaining and complying with or carrying out Development in accordance with, but not limited to: The requirements of the Alberta Safety Codes Act; Bylaws of the County; County Policy; General Municipal Servicing Standards, as amended; The requirements of Alberta Agricultural Operation Practices Act; Highway Development Act; and the requirements of any other relevant federal, provincial, or municipal legislation. 2.0 Development: Permits, Rules, and Procedures 2.2 Developer Responsibilities County of Vermilion River 37 Land Use Bylaw 19-02 DEVELOPER RESPONSIBILITIES A Person to whom a Development Permit has been issued shall obtain from the appropriate authority where applicable, permits relating to Building, grades, sewers, sanitary and storm water disposal, water mains, electricity, and all other permits required in connection with the proposed Development. Obtain and maintain in good standing provincial licensing or authorization that may be required, as applicable under the provisions of the New Home Buyer Protection Act. The holder of a valid Development Permit is: responsible for ensuring compliance with any Regulation, Bylaw, Act, or Agreement, which may affect the proposed project. financially responsible during Construction for any damage by the applicant, his/her servants, suppliers, agents, or contractors to any public or private Property. responsible of preventing excess soil or debris from being spilled on public Road allowances, streets, Lanes, sidewalks, and adjacent private properties. responsible to provide for appropriate fire protection measures in an application for Development, Subdivision, a Site Development Plan, or an Area Structure Plan. responsible for ensuring that no Building or Use is used, occupied or continued to be used or occupied; and that no change in the existing Occupancy classification of a Building takes place, continues or is allowed to take place or continue until the Developer, proposed user, or proposed Occupant of said Development, Building is issued a Use and Occupancy Permit. 2.0 Development: Permits, Rules, and Procedures 2.3 Development Commencement and Completion County of Vermilion River 38 Land Use Bylaw 19-02 DEVELOPMENT COMMENCEMENT AND COMPLETION If the Development authorized by a Development Permit is not commenced within twelve (12) months from the date of its issuance and carried out with reasonable diligence within two (2) years of the date of issuance, the permit is deemed null and void, unless an extension to this period has previously been granted by the Development Authority. No Development that has been undertaken in accordance with a Development Permit shall be used until an Occupancy Permit has been obtained, pursuant to the provisions under Section 2.17 of this Bylaw. Upon application to the Development Authority, and prior to the expiry of an approved Development Permit application, the Development Authority may grant an extension for the completion of a Development to the effective period of a Development Permit for a period that shall not exceed twelve (12) months. When a Development Permit expires before the completion of a Development and an extension has not been granted, application for a new Development Permit is required. The new application will be reviewed and a decision issued based on the current merits of the proposed Development in relation to applicable current municipal, provincial, and federal regulations, requirements, policies, and practices. The Development Authority shall not be obliged to approve a Development Permit based on a previous approval. 2.0 Development: Permits, Rules, and Procedures 2.4 Development Not Requiring a Permit County of Vermilion River 39 Land Use Bylaw 19-02 DEVELOPMENT NOT REQUIRING A PERMIT The following Development shall not require a Development Permit: the carrying out of works of Maintenance or repair to any Building, provided that such works do not include Structural Alterations or major works of Renovation that would require a Building permit; the completion of a Building, which was lawfully under Construction at the date of the first publication of the notice required by the Act, provided that the Building is completed in accordance with the terms of any permit granted in respect of it and subject to the conditions to which such permit was granted, and provided also that the Building, whether or not a permit was granted in respect of it, is completed within a period of twelve (12) months from the said date of the first publication of the notice; the Use of any such Buildings as referred to in paragraph (b) above, for the purpose for which Construction was commenced; the erection, Construction, or Maintenance, improvement or alteration of gates, Fences, or walls or other means of enclosure, unless the gate, Fence, wall, or other means of enclosure exceeds the regulations indicated in Section 4.5(12) of this Bylaw. Including the Maintenance, improvement, and other alterations of any gates, Fences, or walls, or other means of enclosure, unless the fencing material is razor wire. An approved Development Permit shall always be necessary before razor wire can be used as a fencing material; a temporary Building or Sign, the sole purpose of which is incidental to the erection or alteration of a Building, for which a permit has been issued under this Bylaw; the Maintenance and repair of public works, services, and utilities carried out by or on behalf of federal, provincial, and municipal public authorities on land which is publicly Owned or controlled; on Parcels of Land exceeding 32 ha (80 ac.) used for Farming and not Intensive Agriculture or a Confined Feeding Operation, the Construction of accessory farm Uses such as corrals and Game Fences, but not including residences, machine Shops, barns, granaries, Dugouts, or similar Developments or any proposed Development within 40 m (134 ft.) of the centre line of a County Road or within the Setbacks established in Section 4.6 of this Bylaw; a Building or structure with a gross Floor Area of under 13.5 square metres (145 sq. ft.) which is not on a permanent foundation. Construction with a total value of under $3,500.00, including the nominal value of labour; a Deck or Patio provided that no Construction occur above 1.0 metre (3.3 ft.) in height above grade; 2.0 Development: Permits, Rules, and Procedures 2.4 Development Not Requiring a Permit County of Vermilion River 40 Land Use Bylaw 19-02 grading and/or Landscaping, not including the removal of top soil, where the proposed grades will not adversely affect the drainage of the subject or adjacent Lots or Parcels of Land, including the hard-surfacing of part of a Lot in a Residential District for the purposes of providing vehicular access from a Road to an attached or detached Garage or Carport, provided that such hard-surfacing does not exceed 7.5 m (24.6 ft.) in width; except on lands affected by an Intermunicipal Development Plan; the erection of campaign Signs for federal, provincial, municipal or school board elections on privately-Owned Lots for no more than thirty (30) days, or such time as regulated under provincial or federal legislation provided that: such Signs are removed within seven (7) days after the election date, such Signs do not obstruct or impair vision or traffic, such Signs are not attached to Fences, trees, or utility poles; and such Signs indicate the name and address of the sponsor and the Person responsible for removal; the placement of one (1) Sign on internal Sites, or two (2) Signs on corner Sites advertising a residential Property for sale or rent displayed on the Property to which it (or they) pertain(s) during the time the Property is being offered for sale or rent, with removal to be within one (1) month after the sale or rental agreement has been entered into, provided that such Signs are a maximum of 0.6 m2 (6.5 sq. ft.) in area and provided further that such Signs are placed or erected no closer than 3.0 m (9.8 ft.) to a Road right-of-way; Development within a Basement which does not change or add to the Uses within a Dwelling; the Development of land for a Confined Feeding Operation or a Manure Storage Facility if the Confined Feeding Operation or Manure Storage Facility is the subject of an approval, registration or authorization under the Agricultural Operation Practices Act; the demolition or removal of any Building or structure for which erection a Development Permit would not be required pursuant to Sections 2.4(1)(d) through(j) above, both inclusive. Notwithstanding any other provision in Section 2.2, the Development Authority may, at its sole discretion, waive the requirement for a Development Permit for: Buildings accessory to Extensive Agriculture less than 600 sq. ft; or Sea Cans within the Agricultural (A) District on Parcels or Lots greater than 2.02 ha (5.0 ac); or if after reviewing the Development Permit application, it is determined by the Development Authority that the proposed Development will not: 2.0 Development: Permits, Rules, and Procedures 2.4 Development Not Requiring a Permit County of Vermilion River 41 Land Use Bylaw 19-02 materially interfere with the amenities of, or change the character of the area; materially interfere with or affect the Use and enjoyment of adjacent properties; adversely impact the environment; result in excessive demand on municipal services, utilities and Road access; and will comply with all regulations in this Land Use Bylaw, including regulations in the applicable District, unless a Variance has been granted by the Development Authority. 2.0 Development: Permits, Rules, and Procedures 2.5 Development Permit Applications Decisions County of Vermilion River 42 Land Use Bylaw 19-02 DEVELOPMENT PERMIT APPLICATIONS DECISIONS The Development Authority shall: receive and review all applications for Development Permits; refer to Council for its consideration and decision all Development Permit applications for significant Discretionary Uses within a Direct Control (DC District); and consider and decide on all other Development Permit applications within a Direct Control (DC District); consider and decide on all other applications for Development Permits; shall issue decisions for Development applications for those Uses listed in Direct Control Districts when directed to do so by Council. The Development Authority, in making a decision on a Development Permit application for: A Permitted Use that conforms to the Land Use Bylaw in force at the time of application, as amended: may approve the application unconditionally, may approve the application subject to those conditions he/she considers appropriate, may approve the application permanently or for a limited amount of time, or shall refuse the application, if the proposed Development does not conform to the Land Use Bylaw in force at the time of application, as amended. A Discretionary Use, as designated in the Land Use Bylaw in force at the time of application, as amended: may approve the application, if it meets the requirements of this Bylaw, with or without conditions, based on the merits of the application including any approved statutory plan or approved policy affecting the Site; may refuse the application even though it meets the requirements of this Bylaw; or shall refuse the application, if the proposed Development does not conform to the Land Use Bylaw in force at the time of application, as amended. shall refuse the application, if the proposed Variance does not conform to the Land Use Bylaw in force at the time of application, as amended 2.0 Development: Permits, Rules, and Procedures 2.5 Development Permit Applications Decisions County of Vermilion River 43 Land Use Bylaw 19-02 The Development Authority may approve an application for a Development Permit even though the proposed Development does not comply with the regulations of this Bylaw, or if the Development is to be a rebuilding, an enlargement, an addition, or a structural alteration of a Non-Conforming Building, if, regarding the circumstances and merits of the application, in the opinion of the Development Authority: the proposed Development would not: unduly interfere or disturb the order and enjoyment of the amenities of the neighbourhood; or materially interfere with or affect the Use, enjoyment, or value of neighbouring Parcels of Land; or the proposed Development is similar to the Uses prescribed for that land or Building in this Bylaw; or the suitability of the design, character, and appearance of the proposed Development is compatible with and complementary to the surrounding properties; or the proposed Development preserves the purpose and intent of any statutory plan adopted by the County; or the proposed Development preserves the purpose and intent of any non-statutory plan and relevant policy adopted by the County that is applicable to that land or Building in this Bylaw. In reviewing a Development Permit application for a Permitted or Discretionary Use, the Development Authority shall consider any technical study as may be required in Section 2.7 and/or as prescribed in the Designated District, or any of provisions made under this Bylaw, or any statutory or non-statutory plan and relevant policy adopted by the County. A Development Permit may be issued on a temporary basis for a period specified by the Development Authority, which shall be specified on the permit. Upon the expiry of such time, the Use allowed shall be Discontinued and any Buildings that were erected because of the Development Permit shall be removed, and the Site restored to its original condition prior to the issuance of the Development Permit. An application to extend the duration of a Temporary Development Permit shall be dealt with as a new Development Permit application. There shall be no obligation to approve a Development Permit on the basis that the previous permit had been issued. Notwithstanding any provisions or requirements of this Bylaw, the Development Authority may establish a more stringent standard for a Discretionary Use when the Development Authority deems it necessary to do so. 2.0 Development: Permits, Rules, and Procedures 2.5 Development Permit Applications Decisions County of Vermilion River 44 Land Use Bylaw 19-02 The Development Authority shall refuse a Development Permit for a Use or Development that is not listed as Permitted or Discretionary within the proposed Land Use District. Notwithstanding Section 2.5(8) above, in the case where a proposed Use or Development is not defined and provided for in any Land Use District in this Bylaw, the Development Authority may allow the Use or Development as a Discretionary Use, if at his/her sole discretion it is determined that the proposed Use or Development is similar in character and purpose to a defined Permitted or Discretionary Use provided for in a particular Land Use District in this Bylaw. An application for a Development Permit shall be deemed to be refused when a decision is not made by the Development Authority within forty (40) days after receipt and acceptance of a complete application by the Development Authority, unless an agreement to extend the forty (40) day period is established between the applicant(s) and the Development Authority. Where the Development of land involves a Subdivision of land, issuance of a Development Permit is subject to the provisions in Part 3 of this Bylaw. Notwithstanding Section 2.5(11) above, the Development Authority may consider a Development Permit application on existing registered Lots. The Development Authority may suspend or revoke a Development Permit: at any time, where the permit was issued on the basis of incorrect or inconsistent information, fraud, non-disclosure, or misrepresentation on the part of the applicant; if the applicant fails to comply with conditions of the approval outlined in a Development Permit; the conditions of approval outlined in a Development cease to be complied with; any Person undertakes, causes, or permits any Use and Occupancy or Development on a Lot or Parcel contrary to the conditions of a permit; the Development does not comply with the Development agreement or Restrictive Covenant; If, in the opinion of the Development Authority, it appears that a Development Permit has been obtained by misrepresentation, the Development Authority may suspend, revoke, or modify the Development Permit. if requested to do so by the applicant; or within 14 days of issue of the permit, where the permit was issued in error. In the case of refusal of an application for a Development Permit, whether refused pursuant to this Part or ultimately after appeal pursuant to Section 1.12 of this Bylaw, the Development Authority may, at his/her sole discretion, either accept or refuse the submission of another application for a 2.0 Development: Permits, Rules, and Procedures 2.5 Development Permit Applications Decisions County of Vermilion River 45 Land Use Bylaw 19-02 permit on the same Lot or Parcel of Land for the same or a Similar Use submitted by the same or any other applicant during the six (6) months following the date of the refusal. All Development in the County, in addition to the requirements of this Bylaw, shall satisfy any other requirements of Provincial or Federal Legislation or Regulations, including, without limiting the foregoing, the Safety Codes Act and Regulations made under the Act, as well as the Water Act and the Provincial Wetland Restoration/Compensation Guide. Conditions of Development Permits The Development Authority may require a Developer to pay an off-Site levy in respect of land that is to be developed or subdivided, in accordance with County Bylaws. The Development Authority shall impose as conditions those mitigation and other necessary measures required by an environmental assessment carried out pursuant to the Canadian Environmental Assessment Act to minimize any potential adverse environmental effects. The Development Authority shall impose as conditions those mitigation and other necessary measures considered necessary to minimize any potential impacts, based on the results technical study as may be required in Section2.7, and/or as prescribed in the Designated District, or any of provisions made under this Bylaw, or any statutory or non-statutory plan and relevant policy adopted by the County. The Development Authority shall impose conditions requiring the applicant to make satisfactory arrangements for the supply of gas, water, electric power, telephone, sewer service, vehicular, and pedestrian access and any other utility, service, or facility, including payment of installation or Construction costs by the applicant. The Development Authority may impose a condition that the applicant enter into an agreement with the County for any of the following: to construct or pay for the Construction or improvement of a public Roadway required to give access to the Development; to construct or pay for the Construction of a pedestrian walkway system to serve the Development; or a pedestrian walkway that will connect the pedestrian walkway system serving the Development with a pedestrian walkway system that serves or is proposed to serve an adjacent Development, or both; to specify the location, standard, and number of vehicular and pedestrian access locations to a Site from public Roadways; to install or pay for the installation of utilities to municipal standards necessary to serve the Development; 2.0 Development: Permits, Rules, and Procedures 2.5 Development Permit Applications Decisions County of Vermilion River 46 Land Use Bylaw 19-02 to construct or pay for utilities, Roadways, and improvements with an excess capacity pursuant to the Act, Section 650; to construct or pay for the Construction of servicing and community facilities, and Garbage, loading and unloading facilities; and to give security to the County to ensure terms of the agreement under Section 2.5(16) above, are carried out. The Development Authority shall impose a condition requiring the applicant to repair or reinstate, or to pay for the repair or reinstatement, to original condition any street furniture, curbing, sidewalk, Boulevard Landscaping, and tree planting which may be damaged, destroyed, or otherwise harmed by the Development. The Development Authority shall impose conditions respecting the paving, fencing, and Landscaping of the Lot and adjacent public Roadways during and after its Development including that the applicant provide security in the amount of 125% of the estimated paving, fencing, and Landscaping cost, the condition of the security being that, if these works are not completed in accordance with this Bylaw and the Landscaping within one (1) year after the completion of the Development, then the amount fixed shall be paid to the County for its use in completing the works. The Development Authority shall impose conditions respecting the time within which a Development or any part of it is to be completed; and The Development Authority shall impose conditions limiting the length of time that a Development Permit may continue in effect. The County Council may impose the following conditions in a Development Permit approved by it: any of the conditions that the Development Authority may impose in a Development Permit; a condition imposing a Development standard that is more restrictive or onerous than the regulations of this Bylaw, having regard to: 1. the nature of the Development, 2. any applicable Federal, Provincial, or Municipal legislation, including the Municipal Development Plan, any applicable statutory plan, and 3. the provisions of this Bylaw; and 2.0 Development: Permits, Rules, and Procedures 2.5 Development Permit Applications Decisions County of Vermilion River 47 Land Use Bylaw 19-02 4. any relevant caveat, Easement, instrument, agreement, or other legal requirement under the Land Titles Act registered against the certificate of title. such other conditions as it considers appropriate to the circumstances. The County may register a caveat in respect of an agreement under this Section against the Lot or Parcel that is subject of the Development Permit. The caveat may be discharged when the agreement has been complied with. 2.0 Development: Permits, Rules, and Procedures 2.6 Development Permit Applications Notice of Decision County of Vermilion River 48 Land Use Bylaw 19-02 DEVELOPMENT PERMIT APPLICATIONS NOTICE OF DECISION Within five (5) working days after a decision on a Development Permit application, the Development Authority Officer shall send a notice by regular mail of the decision to the applicant and post a notice in a place available to public view in the County office, indicating the disposition of the application. Mailing the notice is not required when an applicant picks up a copy of the decision. In addition to Section 2.6(1), within five (5) working days after a decision on a Development Permit application for a Discretionary Use or after a Variance has been granted, the Development Authority Officer shall: mail a notice in writing to all adjacent landowners and any other landowners who, in the sole opinion of the Development Authority, may be affected, to provide notice of the decision and right of appeal; publish a notice of the decision in a newspaper circulating in the Municipality stating the legal description of the Property, municipal address of the application, nature of the approved Development, and right of appeal; and when the Lot on which the approved Development Permit is located within a multi-Lot country residential Subdivision, mail a notice in writing to all Owners of Lots within that multi-Lot country residential Subdivision stating the legal description of the Property, municipal address of the application, nature of the approved Development, and right of appeal. Notice of a decision on a Development Permit application shall be sent by electronic means if: The applicant has consented to receive documents by electronic means and has provided an email address, website or other electronic address in their application for this purpose; and It is possible to make a copy of the document from the electronic transmission. A document sent by electronic means is considered to have been received seven (7) days after it was sent. When the Development Authority refuses an application for a Development Permit, the decision shall contain reasons for the refusal, the period within which an appeal can be made, and to whom the applicant may appeal, if so desired. Development Permit appeals are subject to the provisions under Section 1.12 of this Bylaw. 2.0 Development: Permits, Rules, and Procedures 2.7 Development Permit Applications Requirements County of Vermilion River 49 Land Use Bylaw 19-02 DEVELOPMENT PERMIT APPLICATIONS REQUIREMENTS All applications for a Development Permit shall be submitted to the Development Authority in writing, on the corresponding application form provided by the Municipality and must be fully completed and signed by the applicant and registered Owner(s). A fee as established by Council shall accompany each application for a Development Permit. This fee may vary dependent on whether a Development Permit application has followed an enforcement action pursuant to Section 1.13 of this Bylaw. Development Permit Applications will only be processed when it is completed in its entirety. In order for an application to be considered complete, all required items, AND any applicable additional supportive information either requested when making an application or during the process of reviewing an application, must be submitted to the satisfaction of the Development Authority. The Development Authority must, within twenty (20) days after the receipt of the application for a Development Permit, determine whether the application is complete. This time period may be extended by an agreement in writing between the applicant and the Development Authority. If the Development Authority does not make a determination referred to in Section 2.7(4) above, within the time required, the application is deemed to be complete. A written notice must be issued to the applicant for the following: Acknowledgement that the application is complete. Acknowledgement that the application is incomplete, and request of any outstanding documents and information referred to in the notice must be submitted by the date set out in the notice or a later date agreed on between the applicant and Development Authority, in order for the application to be considered complete. Acknowledgment that the application is complete if the Development Authority determines that the information and documents submitted under Section 2.7(6)(b) above, are completed. Acknowledgement that the application is deemed refused, if the application fails to submit all the outstanding information and documents on or before the date referred to in Section 2.7(6)(b) above. Despite the Development Authority issuing an acknowledgement that an application is complete, during the course of review the Development Authority may request any additional information it considers necessary during the decision-making process. Required items for an application may include: 2.0 Development: Permits, Rules, and Procedures 2.7 Development Permit Applications Requirements County of Vermilion River 50 Land Use Bylaw 19-02 at the discretion of the Development Authority, a public participation summary pursuant to Section 2.14 of this Bylaw. Copy of provincial licensing or authorization, as applicable under the provisions of the New Home Buyer Protection Act. if applicable, a business registration form; a Site plan, to scale, showing the legal description; north arrow; municipal address; location and dimensions of Property Lines; existing utility rights-of-way and Easements; Fences; driveways; paved areas; proposed front, rear, and Side Yards, if any; any provisions for Off-Street loading and Vehicle parking; access and egress points to the Site; and any encumbrance such as rights- of-way; existing and proposed Building dimensions, to scale, including, but not limited to, the house, Garage, Decks and any covered structures such as car ports; the type and location of water supply and sewage and Waste water disposal facilities; a statement of existing and proposed Uses; a statement of Ownership of the land and the interest of the applicant therein; the signatures of at least one of the registered landowners listed on the Certificate of Title; the estimated commencement and completion dates; the estimated cost of the project or contract price; an application fee as established by resolution of Council; written consent from the registered Owner authorizing the right-of-entry by the Development Authority to such lands or Buildings as may be required for investigation of the proposed Development; information on abandoned oil and gas wells as required by the Subdivision and Development Regulation and ERCB Directive 079; floor plans, elevations, and sections of any proposed Buildings; drainage, grading and Landscaping plans which provide pre- and post-Construction Site elevations; a mitigation plan detailing how vegetation, topography disturbance, erosion, or any impacts due to Development are to be minimized; 2.0 Development: Permits, Rules, and Procedures 2.7 Development Permit Applications Requirements County of Vermilion River 51 Land Use Bylaw 19-02 in the case of an application for a Development Permit on Crown Land, Provincial authorization for the Development; and any other information as required by the Development Authority. In consideration of a Site Development Plan, or when required an Area Structure Plan, proposal for commercial or industrial development the Development Authority shall consider whether the proposal: precisely defines the extent boundaries of the proposal; designates suitable building sites; ensures the functional integrity of the adjacent roads is maintained through the use of service roads and limited access points; defines standards of development consistent with this Land Use Bylaw, including architectural, landscaping, and sign controls; identifies methods and facilities for servicing; includes groundwater and soil permeability tests; and any other matters identified by County Policy. The Development Authority may also require additional supportive information in order to assess the conformity of a proposed Development with this Bylaw before consideration of the Development Permit application shall commence. Such information may include: a Real Property Report, or other documentation indicating the exact location of all structures on the Property (prepared within the last five (5) years, in a form that is acceptable to the Development Authority; a storm water management plan approved by Alberta Environment and Sustainable Resource Development (or other appropriate provincial authority); a certified geotechnical report prepared, stamped and signed by a qualified professional registered in the Province of Alberta in potentially hazardous or unstable areas; a certified biophysical assessment prepared, stamped and signed by a professional registered in the Province of Alberta, on the impacts of the proposed Development on wildlife habitat or natural environments; a reclamation plan for aggregate extraction or Site grading and Excavation; an environmental assessment to determine potential contamination and mitigation; 2.0 Development: Permits, Rules, and Procedures 2.7 Development Permit Applications Requirements County of Vermilion River 52 Land Use Bylaw 19-02 in the case of the placement of an already constructed or partially constructed Building on a Lot or Parcel of Land, information relating to the age and condition of the Building and its compatibility with the District in which it is to be located; for Subdivisions adjacent to water bodies and watercourses, an engineering and/or geotechnical study to determine an adequate Setbacks based on soil conditions and slope stability prepared, stamped and signed by a registered professional engineer or hydro-geologist, registered in the Province of Alberta. an environmental impact assessment describing a Development's potential environmental effects; a cumulative effects assessment prepared, stamped and signed by a professional, registered to practice in the Province of Alberta, describing a Development's potential cumulative effects; the identification of all rights-of-way and Easements within or Abutting the subject Property; and/or any additional information as the Development Authority deems necessary. When, in the opinion of the Development Authority, sufficient details of the proposed Development have not been included with the application for a Development Permit, the Development Authority may, at its sole discretion, either return the application to the applicant for further details or make a decision on the application with the information it has available. An incomplete application shall be deemed to not have been submitted until all required details have been provided to the satisfaction of the Development Authority. In the case of an application for a Development Permit on Crown Land, the County will require Provincial authorization prior to the issuance of a Development Permit. The Development Authority may make a decision on an application for a Development Permit notwithstanding that any information required or requested has not been submitted. INDUSTRIAL DEVELOPMENT PERMIT APPLICATION REQUIREMENTS In addition to the application requirements indicated in Sections 2.7(1) through 2.7(13) above, and prior to considering an application complete, each application for industrial development shall be accompanied by the following information and any additional supportive information required by the Development Authority: at the discretion of the Development Authority, a public participation summary pursuant to Section 2.14 of this Bylaw. 1. business registration form; 2.0 Development: Permits, Rules, and Procedures 2.7 Development Permit Applications Requirements County of Vermilion River 53 Land Use Bylaw 19-02 2. type of industry; 3. estimated number of employees; 4. estimated water demand and anticipated source; 5. estimated gas demand and anticipated source; 6. type of effluent and method of treatment; 7. type of air emissions and method of abatement; 8. estimated noise generated by the Development and method of abatement; 9. estimated light generated by the Development and (if necessary) method of abatement; 10. transportation routes to be used and estimated traffic impact, 11. reason for specific location; 12. means of solid Waste disposal; 13. any accessory works required (pipeline, railway spurs, power lines, etc.); 14. anticipated residence location of employees; 15. municipal servicing costs associated with the Development; 16. physical suitability of Site with respect to soils, slopes and drainage; 17. if a Subdivision is involved, the size and number of Lots and proposed phasing of Development (if any); 18. servicing requirements and provisions for meeting them; 19. costs associated with providing new or upgraded municipal services associated with the Development, and/or 20. any other information as may be reasonably required by the Development Authority. 2.0 Development: Permits, Rules, and Procedures 2.7 Development Permit Applications Requirements County of Vermilion River 54 Land Use Bylaw 19-02 COMMERCIAL & RECREATION DEVELOPMENT PERMIT APPLICATION REQUIREMENTS In addition to the application requirements indicated Sections 2.7(1) through 2.7(13) above, each application for a commercial or recreation Developments shall be accompanied by the following information and any additional supportive information required by the Development Authority: at the discretion of the Development Authority, a public participation summary pursuant to Section 2.14 of this Bylaw. business registration form; physical suitability of Site with respect to soils, slopes and drainage; the size and number of Lots and proposed phasing of Development (if any); servicing requirements and provisions for meeting them; estimated water demand and anticipated source; estimated gas demand and anticipated source; type of effluent and method of treatment; type of air emissions and method of abatement; estimated noise generated by the Development and method of abatement; estimated light generated by the Development and (if necessary) method of abatement; costs associated with providing new or upgraded municipal services associated with the Development; the requirements and provisions for employee and customer parking and for Site access; a Landscaping plan; cross-sections and elevations for each Building; a list of proposed Uses; transportation routes and estimated traffic impact; and/or 2.0 Development: Permits, Rules, and Procedures 2.7 Development Permit Applications Requirements County of Vermilion River 55 Land Use Bylaw 19-02 any other information as may be reasonably required by the Development Authority. All commercial developments shall obtain the approvals and permits required by provincial legislation and a development permit from the County. Commercial development proposals are required to identify all municipal servicing costs associated with the development. The assignment of these costs between the County and the developer will be the basis of a development agreement to be entered into prior to a subdivision approval or upon the issuance of a development permit. However, all development servicing costs associated with the development, including the provision of internal roadway systems to meet the County's Municipal Servicing Standards and the upgrading of other County roads leading to the site in order to provide good access to the development site will be the responsibility of the developer. The Development Authority may request a commercial development proposal to submit an assessment of the proposal, which: precisely defines the boundaries of the proposal; designates suitable building sites; ensures the functional integrity of the adjacent roads is maintained through the use of service roads and limited access points; defines standards of development consistent with the County's Land Use Bylaw, including architectural, landscaping, and sign controls; identifies methods and facilities for servicing; includes groundwater and soil permeability tests; and any other matters identified by County Policy. RESOURCE EXTRACTION DEVELOPMENT PERMIT APPLICATION REQUIREMENTS In addition to the application requirements indicated in Sections 2.7(1) through 2.7(13) above, the Development Authority shall require, where not required to do so by the Province, that each application for a Development Permit for resource extraction Development be accompanied by the following information and any additional supportive information deemed necessary by the Development Authority: at the discretion of the Development Authority, a public participation summary pursuant to Section 2.14 of this Bylaw. 2.0 Development: Permits, Rules, and Procedures 2.7 Development Permit Applications Requirements County of Vermilion River 56 Land Use Bylaw 19-02 if applicable, a business registration form; a reclamation plan and a statement indicating the projected final Use of the Site. In those cases where the proponent is required to do so by the Province, the proponent shall submit a copy of the reclamation plan to the County; for Class I Pits on Private Land under 5 ha. (12.5 ac.) in area: proof of approval from Alberta Environment and Sustainable Resource Development; for Class II Pits on Private Land under 5 ha. (12.5 ac.) in area: a reclamation deposit in the amount of $2,000 per acre for each acre of working pit; statement indicating the number of years the pit is proposed to be in operation; anticipated generation of motor Vehicle traffic estimated on a daily, weekly or monthly basis; number of Vehicles that will be used in the hauling of materials and the proposed hauling route to and from the Site; type and number of equipment to be used for each activity to be carried out on the Site; access locations to and from the Site, including Roads and Highways, and anticipated traffic generation on each of the Roads and Highways resulting from the Development; dust control measures to be implemented, including the suppressant materials or methods to be used either on the pit floor and on stockpiles as well as the proposed frequency of application; projected impacts of dust or emissions (asphalt, gravel crushing, concrete or other) and the methods to be used for controlling such dust or emission; proposed frequency for cleaning settled dust from, in and around gravel crushing plants; provisions for loading and parking; descriptions of any noxious, toxic, radioactive, flammable or explosive materials to be stored or used on the Site; location of Garbage and storage areas and proposed fencing and Screening for the same, as well as the proposed method for disposing of Garbage; 2.0 Development: Permits, Rules, and Procedures 2.7 Development Permit Applications Requirements County of Vermilion River 57 Land Use Bylaw 19-02 provision of a written security plan that identifies potential dangerous situations, area and typical procedures to be used for monitoring the Site during periods of activity and also when activity on the Site is suspended; proposed methods to be used to restrict public access, protect wildlife, neighbouring Livestock and domestic animals; quality and quantity of well water and soil tests for the water systems that may be used in conjunction with the proposed Development; amount of water required for the proposed Development on a daily, weekly or monthly basis and the proposed water source; engineering studies which demonstrate the suitability of the proposed method of water supply; engineering studies which demonstrate the suitability of the proposed method of effluent disposal; engineering studies which demonstrate the suitability of the proposed method of surface water management; method proposed for controlling noise, dust and drainage from the Site both during and after completion of the operation; profiles and cross sections showing the original ground level, the proposed depth of any Excavation, the finished grade elevation, the depth of the over-burden and water table elevations; the method intended to be used for Excavation of the materials contained within the land, backfilling, terracing, compacting, leveling, reclaiming the Site and equipment to be used in connection therewith; the method to be used for supporting pit walls; size, number and location of stockpiles of topsoil, overburden and gravel; proposed days and hours of operation for each activity and any known or regularly anticipated periods of inactivity; and if the proposal is located within the Historic Resources Area (HRA) Overlay, then a Historic Resource Impact Assessment and/or clearance from Alberta Culture and Tourism in a Historic Resources Application submitted through the Online Permitting and Clearance (OPAC) system for approval. 2.0 Development: Permits, Rules, and Procedures 2.7 Development Permit Applications Requirements County of Vermilion River 58 Land Use Bylaw 19-02 Without limiting the requirements of the Development Authority, the proponent will also be required to enter into: a haul Road agreement with the County; and a Development agreement with the County. Resource industries that utilize County infrastructure shall be required to participate in the maintenance and upgrading of that infrastructure if the need arises, as determined by the County. a development permit application or approach permit for resource extraction will not be approved until the developer enters into a haul road agreement with The County. The developer of a natural gas or oil well site shall be required to obtain approval from the County regarding the construction, upgrading and maintenance of access roads. Development agreements in connection with sand, gravel and other mineral extraction operations may be required and should make provisions for the: reclamation of the land that was disturbed to its former agricultural capability or to a post-extractive use whichever Council feels is more beneficial; control of on-site noise, dust and weeds; storage of topsoil; separation of the resource extractive operation from any multi-lot residential subdivision, hamlet, or urban municipality with a suitable open space buffer; designation of all aggregate haul roads to reduce noise, excessive maintenance costs, and dust problems; and if required by the County, the provision of security such as an irrevocable letter of credit to ensure reclamation will be completed. EXCAVATION AND STRIPPING OF LAND AND/OR STOCKPILING OF MATERIALS DEVELOPMENT PERMIT APPLICATION REQUIREMENTS In addition to the application requirements indicated in Sections 2.7(1) through 2.7(13) above, the Development Authority shall require each application for the Excavation, stripping or grading of land proposed without any other Development on the same land, to be accompanied by the following information and any additional supportive information deemed necessary by the Development Authority: 2.0 Development: Permits, Rules, and Procedures 2.7 Development Permit Applications Requirements County of Vermilion River 59 Land Use Bylaw 19-02 at the discretion of the Development Authority, a public participation summary pursuant to Section 2.14 of this Bylaw. if applicable, a business registration form; location and area of the Site where the Excavation is to take place; the type and dimensions including average depth of the Excavation to be done, and the potential, if any, to affect existing drainage patterns on and off the Site; the depth and variation in depth of groundwater encountered in test holes, if required at the discretion of the Development Authority; identification of potential for outdoor noise and the discharge of substances into the air; a reclamation plan including information regarding the condition in which the Site is to be left when the operation is complete, the action which is to be taken for restoring the condition of the surface of the land to be affected, and for preventing, controlling or lessening erosion or dust from the Site; and potential long-term costs of new or upgraded municipal services associated with the Development. In addition to the information requirements indicated in this Section, the Development Authority shall require each application for the stockpiling of any material proposed, with or without any other Development on the same land, to be accompanied by the following information and any additional supportive information deemed necessary by the Development Authority, as applicable: at the discretion of the Development Authority, a public participation summary pursuant to Section 2.14 of this Bylaw. if applicable, a business registration form; location and area of the Site where the stockpiling of material is to take place; the type of materials to be stockpiled on the Site; the anticipated height of all stockpiles; statement indicating the number of years the pit is proposed to be in operation; anticipated generation of motor Vehicle traffic estimated on a daily, weekly or monthly basis; 2.0 Development: Permits, Rules, and Procedures 2.7 Development Permit Applications Requirements County of Vermilion River 60 Land Use Bylaw 19-02 number of Vehicles that will be used in the hauling of materials and the proposed hauling route to and from the Site; type and number of equipment to be used for each activity to be carried out on the Site; access locations to and from the Site, including Roads and Highways, and anticipated traffic generation on each of the Roads and Highways resulting from the Development; provisions for loading and parking; descriptions of any noxious, toxic, radioactive, flammable or explosive materials to be stored or used on the Site; engineering studies which demonstrate the suitability of the proposed method of surface water management for the stockpiling of snow; method proposed for controlling noise, dust and drainage from the Site both during and after completion of the operation; a reclamation plan including information regarding the condition in which the Site is to be left when the operation is complete, the action which is to be taken for restoring the condition of the surface of the land to be affected, and for preventing, controlling or lessening erosion or dust from the Site; and potential long-term costs of new or upgraded municipal services associated with the Development. ALTERNATIVE ENERGY SYSTEMS DEVELOPMENT PERMIT APPLICATION REQUIREMENTS In addition to the application requirements indicated in Sections 2.7(1) through 2.7(13) above, and Section 5.30 applicable regulations regarding towers, the Development Authority shall require each application for a Wind Energy Conversion System to be accompanied by the following information and any additional supportive information deemed necessary by the Development Authority: at the discretion of the Development Authority, a public participation summary pursuant to Section 2.14 of this Bylaw. if applicable, a business registration form; 2.0 Development: Permits, Rules, and Procedures 2.7 Development Permit Applications Requirements County of Vermilion River 61 Land Use Bylaw 19-02 a fully dimensioned and scaled Site plan showing and labeling information including the location of overhead utilities on or Abutting the subject Site, contours of the land and access Roads; a visual representation including scale elevations, photographs and/or digital information of the proposed alternative energy system showing Total Height, components height, diameter, colour, and the landscape; any impacts to the local Road system including required Approaches from public Roads having regard to County standards; a preliminary reclamation/decommissioning plan; and appropriate reports and/or approvals from relevant agencies and organizations, including: 1. Safety Codes Council 2. Alberta Utilities Commission 3. Transport Canada 4. NavCanada 5. Alberta Energy 6. Alberta Environment and Parks 7. Alberta Tourism and Culture 2.0 Development: Permits, Rules, and Procedures 2.8 Development Permit Expired and Discontinued Uses County of Vermilion River 62 Land Use Bylaw 19-02 DEVELOPMENT PERMIT EXPIRED AND DISCONTINUED USES When a Development Permit expires, a new application is required. The new application will be reviewed and a decision issued based on the current merits of the proposed Development in relation to current municipal, provincial, and federal regulations, requirements, policies, and practices. The Development Authority shall not be obliged to approve a Development Permit based on a previous approval. In cases where a Use or Occupancy is Discontinued, or intended to be Discontinued for a period of six (6) months or more, any subsequent Use or Occupancy of the land or Building shall comply with this Bylaw and shall require a new Development Permit and a new Use and Occupancy Permit to be issued. 2.0 Development: Permits, Rules, and Procedures 2.9 Development Permits Validity County of Vermilion River 63 Land Use Bylaw 19-02 DEVELOPMENT PERMITS VALIDITY When a Development Permit has been granted by the Development Authority, it shall not be valid unless and until the conditions of the permit, save those of a continuing nature, have been fulfilled and no notice of appeal has been served on the Subdivision and Development Appeal Board within the appeal period. When the Subdivision and Development Appeal Board has approved a Development Permit, the permit shall not be valid until the decision of the Board is issued in writing. If the Subdivision and Development Appeal Board is served with notice of an application for leave to appeal its decision, such notice shall suspend the Development Permit, except where approval has been granted for a Permitted Use or, where a license, permit, approval, or other authorization is granted by the Natural Resource Conservation Board, Energy Resources Conservation Board, or Alberta Utilities Commission to the extent that the application complies with the license, permit, approval, or other authorization granted. The final determination of an appeal, except for those applications approved as a Permitted Use and/or, by the Natural Resource Conservation Board, Energy Resources Conservation Board, or Alberta Utilities Commission, shall validate, amend, or revoke, as the case may be, a suspended Development Permit. 2.0 Development: Permits, Rules, and Procedures 2.10 Dwelling Units and Main Buildings on a Lot or Parcel County of Vermilion River 64 Land Use Bylaw 19-02 DWELLING UNITS AND MAIN BUILDINGS ON A LOT OR PARCEL The number of Dwelling Units or Main Buildings permitted on a single title within any Land Use District shall not exceed one (1), including Agricultural Lots or Parcels. Notwithstanding the provisions of Section 2.10(1) above, the Development Authority may issue a Development Permit for the Construction or location of more than one (1) Dwelling Unit or Main Building on a Lot or Parcel: if additional Dwelling Units or Main Buildings are a Permitted or Discretionary Use within the applicable Land Use District and the second or additional Dwelling Unit or Main Building: is placed in a way that conforms to the historically precedent religious and/or cultural practices and/or settlement pattern of the applicant(s); or is a Building as defined in the Condominium Property Act that is the subject of an approved Condominium plan registered in the Land Titles Office; or is contained in a Building that, or in Buildings each of which, are designed for or divided into two (2) or more Dwelling Units, subject to an approved strata plan registered in the Land Titles Office; or is a Surveillance Suite as defined in this Bylaw; or is a temporary Building or Use as defined in this Bylaw; or is a Secondary Dwelling or Secondary Suite as defined in this Bylaw and meets the requirements for such Developments within the Designated District, in accordance with the provisions of Section 4.20 of this Bylaw; or is a Manufactured Home located within a Manufactured Home Community, in accordance with the provisions of Sub-section 6.3.7 of This Bylaw. Notwithstanding the provisions of Sections 2.10(1) and 2.10(2) above, where provided for in this Land Use Bylaw, the location of a second or additional Detached Single Dwelling or Main Building shall be in a manner such that the additional Detached Dwelling or Main Building could be subdivided from the balance of the Lot or Parcel in the future with each Dwelling being on a separate Lot or Parcel, having its own yards and access, or joint access agreement, or parking agreement, all in compliance with this Bylaw. 2.0 Development: Permits, Rules, and Procedures 2.11 Existing Substandard Lots County of Vermilion River 65 Land Use Bylaw 19-02 EXISTING SUBSTANDARD LOTS The Development Authority may consider Development to take place on existing Substandard Lots. When the Development Authority deems the Development of a Substandard Lot feasible, the Development will be required to comply with the Alberta Safety Codes Act and any other Provincial legislation or regulations. 2.0 Development: Permits, Rules, and Procedures 2.12 Non-Conforming Buildings and Uses County of Vermilion River 66 Land Use Bylaw 19-02 NON-CONFORMING BUILDINGS AND USES A Non-Conforming Use of land or a Building may be continued, but if that Use is discontinued for a period of six (6) consecutive months or more, any future Use of the land or Building must conform with this Bylaw. A Non-Conforming Use of part of a Lot may not be exceeded or transferred in whole or in part to any other part of the Lot, and no additional Buildings may be constructed upon the Lot while the Non-Conforming Use continues. A Non-Conforming Use of part of a Building may be extended throughout an existing Building while the Building, whether or not it is a Non-Conforming Building, may not be enlarged or added to, and no Structural Alterations may be made thereto or therein to accommodate a Non-Conforming Use. Notwithstanding Section (3) above, a Non-Conforming Building may be enlarged, added to, rebuilt or structurally altered solely for the purpose of: making it a conforming Building, the routine Maintenance of the Building, if the Development Authority considers such measures necessary, or in accordance with the powers possessed by the Development Authority pursuant to the Act and Section 1.11 of this Bylaw to approve a Development Permit notwithstanding any non- compliance with the regulations of this Bylaw. Pursuant to the Act, a Development Permit continues in effect, when: on or before the day on which this Bylaw or any Bylaw for the amendment thereof comes into force, a Development Permit has been issued; and the enactment of the Bylaw would render the Development in respect of which the permit was issued a Non-Conforming Use or Non-Conforming Building; If a Non-Conforming Building is damaged or destroyed to the extent of more than seventy-five (75%) percent of the value of the Building above its foundation, the Building may not be repaired or rebuilt except in accordance with this Bylaw. The Use of land or the Use of a Building is not affected by a change of Ownership, tenancy, or Occupancy of the land or Building. 2.0 Development: Permits, Rules, and Procedures 2.13 Powers of Variance County of Vermilion River 67 Land Use Bylaw 19-02 POWERS OF VARIANCE In addition to the requirements of Section 2.7, when an application for a Development Permit is submitted for a Permitted or Discretionary Use which does not comply with the provisions of this Land Use Bylaw, the Development Authority may request a statement from the applicant identifying the following: (a) That the applicant is aware that the proposed Development requires a variance of this Bylaw; and (b) Why the proposed Development cannot satisfy the provisions of this Bylaw and therefore, requires the proposed Variance. Bylaw 25-25 (2) The Development Authority may approve or conditionally approve a Variance to any Permitted or Discretionary Use that does not conform to this Land USe Bylaw if, in the opinion of the Development Authority: (a) The proposed Development does not undly interfere with the amenities of the Neighborhood; (b) The proposed Development does not materially interfere with or affect the use or enjoyment of neighboring Parcels of Land; (c) The proposed Development conforms to the Use prescribed for that Land or Building in this Bylaw; and (d) The proposed Variance aligns with all applicable regulations regarding Variance approval as described in this Bylaw. (3) A Variance shall be considered only where warranted by the merits of the proposed Development or in response to irregular Parcel lines, Parcel shape or SIte characteristics which create difficulties in siting structures within the required Setback or in meeting the usual Bylaw requirements. (4) Where a Variance is granted, the nature of the approved Variance shall be specifically described in the Development approval. (5) The Development Authority may approve a Variance of up to ten (10%) per cent for Lot Coverage, Building Height, Setbacks, Landscaping, and Parking requirements without notification to adjacent or affected landowners. (a) Variances exceeding ten (10%) per cent shall require notification to adjacent or affected landowners and a minimum fourteen (14) day comment period prior to a decision being issued by the Development Authority. (6) Where a Variance exceeds fifty (50%) per cent, the Development Authority may refer the application to Council for decision. Council may require circulation to adjacent landowners and may hold a Public Hearing prior to a decision being issued by the Development Authority. 2.0 Development: Permits, Rules, and Procedures 2.14 Public Participation Requirements PUBLIC PARTICIPATION REQUIREMENTS Applicants for a Development Permit are encouraged to apply suitable methods to ensure that citizens and the parties or organizations that could be affected by a decision on their Development are provided with the opportunity to express their concerns and provide comments. The methods used will vary depending on the specific Development, and may include but are not limited to public notices, comment periods, workshops, charrettes, public hearings, newsletters, surveys and media releases, or any other mechanism for public participation currently provided for in County bylaws or policies and the Municipal Government Act and Regulations, as amended. In addition to the application requirements indicated in Section 2.14(1) above, each application for Discretionary Use is encouraged to seek public input through appropriate techniques as outlined in County Policy. Where, in the opinion of the Development Authority, a proposed Development will have a Significant Impact on surrounding properties, the Development Authority may require the applicant to hold a public open house to inform affected residents and landowners of the proposed Development. In addition to the requirements in Sections 2.14(1), 2.14(2), and 2.14(3) above, and prior to considering an application complete, when required to do so, the applicant shall provide a written summary, prepared to the Development Authority's satisfaction. The summary shall indicate the type of public participation process utilized and contain copies of all the materials distributed along with any comments received during the process, and how the public input has been incorporated, or not, into the Development proposal and the reasons for it. County of Vermilion River 69 Land Use Bylaw 19-02 2.0 Development: Permits, Rules, and Procedures 2.15 Referral of Application REFERRAL OF APPLICATION An application for a Development Permit within the County that may, in the opinion of the Development Authority, impact on or is proposed to be located in any Historic Resource Value Site, will require that project details be provided to Alberta Culture and Tourism in a Historic Resources Application submitted through the Online Permitting and Clearance (OPAC) system for approval. A permit from Alberta Transportation is required for new or changes to roadside developments within the development control zone, which is: 300 m from a provincial right-of-way 800 m of the centerline of a highway and public road intersection Development proposals may be circulated to adjacent municipalities and/or federal and provincial agencies for comment prior to any consideration for approval. The comments from adjacent municipalities will be carefully considered by the Development Authority; however, the Development Authority will not be bound by the Municipality's comments or recommendations. All Subdivision proposals and all Development Permit applications for significant Discretionary Uses within 3.2 km (2.0 miles) of adjacent municipalities shall be referred to the adjacent Municipality for comment prior to a Development Permit being issued or a Subdivision being approved. Development Permit applications for Uses within 3.2 km (2.0 miles) of a Confined Feeding Operation may be referred to the County Agricultural Fieldman for comments and for assistance in calculating any necessary Development Setback distance. The Development Authority may refer any application for a Development Permit prior to making a decision on the application to any other Person, agency, or organization as deemed necessary or suitable by the Development Authority. Subdivision and/or Development proposals and applications may be circulated to adjacent municipalities and/or federal and provincial agencies for comment prior to any consideration for approval. The comments from adjacent municipalities will be carefully considered by the Development Authority; however, the Development Authority will not be bound by the Municipality's comments or recommendations. County of Vermilion River 70 Land Use Bylaw 19-02 2.0 Development: Permits, Rules, and Procedures 2.16 Two or More Land Use Districts on a Lot or Parcel TWO OR MORE LAND USE DISTRICTS ON A LOT OR PARCEL Where a Lot or a Parcel of Land contains more than one Land Use District, each Land Use area shall be treated as a separate entity in determining compliance with the provisions of the Land Use District. Where designation does not follow a Property Line, the applicant shall provide the dimensions of each Land Use area on a Site plan. Where a Land Use District boundary is uncertain, it shall be located based on the following: the municipal boundaries; or the edge of a Property Line or Parcel boundary; or the edge, shoreline, or high-water mark of a river, lake, or other water body, or a topographic contour line, or a top of bank line. In the event of change in a line, the Land Use District boundary shall continue to align with the edge or shoreline; or the centre line of a Road, Lane, railway, pipeline, power line, utility Right-Of-Way, or Easement. Where a Land Use District boundary is shown to be generally parallel to or, as an extension to any of the features listed above, it shall be considered as such. Where the Land Use District boundary is in dispute, its location shall be determined by the Development Authority on the basis of the scale of the Land Use Maps. Where the Development Authority is unable to determine a Land Use District boundary or overlay boundary by applying the above provisions, they shall fix the boundary in doubt or dispute in a manner otherwise consistent with the provisions of this Bylaw and with the degree of detail as to measurements and directions as circumstances require. The decision of the Development Authority may be appealed to the Subdivision and Development Appeal Board. County of Vermilion River 71 Land Use Bylaw 19-02 2.0 Development: Permits, Rules, and Procedures 2.17 Use and Occupancy Permit Requirements USE AND OCCUPANCY PERMIT REQUIREMENTS No Development, Building, or Use, in addition to complying with a Development Permit, shall be used or occupied and no change in the existing Occupancy classification of a Building shall be made until a Use and Occupancy Permit has been issued in accordance with the Occupancy or Use stated on the permit application. Failure to obtain a Use and Occupancy Permit prior to Occupancy will constitute a contravention of this Land Use Bylaw and may result in penalties being imposed pursuant to Section 1.13 herein and/or issuance of an order to vacate. The landowner, Developer, and/or applicant shall submit a complete application for a Use and Occupancy Permit to the Development Authority. To be deemed complete, Use and Occupancy Permit Applications must be accompanied by the following: A copy of a Final Building Inspection Report, issued by a Safety Codes Officer, not more than six (6) months before the date on the permit application. Copies of Permit Services Reports indicating that all disciplines are compliant, issued by a Safety Codes Officer. The Development Authority shall issue an Occupancy Permit on the prescribed form, if satisfied that: The Development has been completed in accordance with the approved plans and Development Permit, The Development will, subject to such conditions as may be appropriate in the circumstances, be completed in accordance with the approved plans and Development Permit. An incomplete Use and Occupancy Permit application shall be deemed to not have been submitted until all required details have been provided to the satisfaction of the Development Authority. A Use and Occupancy Permit application shall not be issued until all required inspections are completed and acceptable to the Safety Codes Officers involved. After the Safety Codes Officer inspects the Building or structure and finds no violations of the provisions of Alberta Building Code, the Safety Codes Act, and all applicable Provincial and County regulations, upon an application being submitted, the Development Authority should issue a Use and Occupancy Permit within ten (10) working days that contains the following: Development Permit number. address of the structure. County of Vermilion River 72 Land Use Bylaw 19-02 2.0 Development: Permits, Rules, and Procedures 2.17 Use and Occupancy Permit Requirements name and address of the Owner. type of Use and/or Occupancy the permit is issued for. description of that portion of the structure for which the permit is issued. a statement that the described portion of the structure has been inspected for compliance with the requirements of the Alberta Building Code, the Safety Codes Act, and all applicable Provincial and County regulations for the Occupancy and division of Occupancy and the Use for the proposed Occupancy. name of the Safety Codes Officer contained in the Final Building Inspection Report and report number. Land Use Bylaw number and District under which the permit was issued. Use and Occupancy, in accordance with the provisions of the Alberta Building Code, the Safety Codes Act, and the Land Use District contained in the Final Building Inspection Report. type of Construction as defined in Final Building Inspection Report. any special inspections and conditions of the Development Permit. The Development Authority shall not issue a Use and Occupancy Permit for any Use or Development on any Lot within any Land Use District until the requirements of this Bylaw pertaining to the Use or Development have been met. County of Vermilion River 73 Land Use Bylaw 19-02 2.0 Development: Permits, Rules, and Procedures 2.17 Use and Occupancy Permit Requirements This Page Intentionally Left Blank County of Vermilion River 74 Land Use Bylaw 19-02 County of Vermilion River 76 Land Use Bylaw 19-02 PART 3.0 SUBDIVISION: STANDARDS, RULES, AND PROCEDURES This Page Intentionally Left Blank County of Vermilion River 76 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.1 General Subdivision Regulations GENERAL SUBDIVISION REGULATIONS Subdivision approvals must be consistent with the County of Vermilion River Municipal Development Plan (MDP) and this Land Use Bylaw as well as the provisions of any Growth Plans and Statutory Plans that affect the land proposed to be subdivided. The Subdivision Authority will not approve subdivisions where Development resulting from Subdivision of land, which affects the land proposed to be subdivided, does not conform to the MDP, Growth Plans, Statutory Plans and the provisions of this Land Use Bylaw. Where a Development involves a Subdivision of land, no Development Permit shall be issued until the Development Authority has received written evidence that the necessary Subdivision application has been submitted and has the approval of the Subdivision Authority. The Subdivision Authority of the County shall abide by the requirements of and consider the matters indicated in Sections 652 to 670 of the Act. Subdivision approvals must comply with part 17 and 17.1 of the Municipal Government Act and the regulations therein, as applicable. Environmental reserve taken at time of Subdivision must remain in its natural state except as permitted in accordance with Part 17, Division 9 of the Municipal Government Act. In some instances, conservation Easements may be considered in place of environmental reserves, as provided for in the Section 22 of the Environmental Enhancement and Protection Act. Environmental reserves will be taken according to Section 664 of the Municipal Government Act; either in the form of a Lot (Ownership transferred to the Municipality) or as an environmental reserve Easement (private Ownership is retained). The County may require any Owner or Developer to provide Hazard Land as environmental reserve as part of a Subdivision application. Property taxes must be up to date prior to final endorsement of any Subdivision within the County. The Developer may be required to provide for Inclusionary Housing in accordance with provincial regulation, where applicable. The County shall generally take the full amount (10%) of Municipal Reserves owing as a result of Subdivision, in accordance with provincial legislation and County Policy. Subdivisions shall not be approved where access to existing graded and graveled or paved Roads does not exist, or where Construction of Roadway and access to the Site, which are required to meet County standards, is not undertaken by the landowner/Developer. County of Vermilion River 77 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.2 Subdivision Applications Decisions SUBDIVISION APPLICATIONS DECISIONS Completeness of Application A Subdivision Authority must, within twenty (20) days after the receipt of the application for a Subdivision approval, determine whether the application is complete. This time period may be extended by an agreement in writing between the applicant and the Subdivision Authority. If the Subdivision Authority does not make a determination referred to in Section 3.2(1)(c) below, within the time required, the application is deemed to be complete. A written notice must be issued to the applicant for the following: Acknowledgement that the application is complete. Acknowledgement that the application is incomplete and request any outstanding documents and information referred to in the notice, which must be submitted by the date set out in the notice or a later date agreed on between the applicant and Development Authority, in order for the application to be considered complete. Acknowledgment that the application is complete if the Subdivision Authority determines that the information and documents submitted under Section 3.3 are complete. Acknowledgement that the application is deemed refused and the reason for refusal, if the application fails to submit all the outstanding information and documents on or before the date referred to in Section 3.2(1)(a) above. On issuance of acknowledgement under Section 3.2(1) above, that the application for Subdivision approval is complete, the Subdivision Authority shall: Give a copy of the application to the Government departments, Persons and local authorities required by the Subdivision and Development regulations, and Give notice of the application to Owners of the land that is adjacent to the land that is subject of the application. Conditions of Subdivision Development agreements, performance bonds, caveats, Easements, covenants and restrictions agreements, and/or restrictive covenants, as applicable, shall be required as a condition of approval for Subdivision of land within the County. The County shall generally take the full amount (10%) of Municipal Reserves owing as a result of Subdivision, in accordance with Provincial legislation and County Policy. County of Vermilion River 78 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.2 Subdivision Applications Decisions Where the County wishes to ensure public access to a water body, environmental reserve in the form of a Lot or Parcel or Public Utility Lot will be taken. An environmental reserve or Easement of not less than 30 m (98 ft.) in width from the high- water mark of water bodies and/or the top of bank of lakes and rivers shall be required as a condition of Subdivision approval. The Use of Conservation Easements may be considered as an alternative to traditional environmental reserve during the Subdivision process. A Private Sewage Inspection will be required, at no cost to the County, prior to endorsement of all Subdivisions within the County where the Site is affected by a private sewage disposal system. School Reserves shall be provided at the time of Subdivision in accordance with agreements between the County and the relevant School Divisions. Decisions on Applications In making a decision as to whether to approve an application for Subdivision, the Subdivision Authority must consider, with respect to the land that is the subject of the application, the following: the Municipal Government Act: Regional Plans under the Alberta Land Stewardship Act (ALSA); the Subdivision and Development Regulation; the applicable policies in the County's Municipal Development Plan; other statutory plans and bylaws; its topography; its soil characteristics; storm water collection and disposal; any potential for the flooding, subsidence, or erosion of the land; its accessibility to a Road; the availability and adequacy of a water supply, sewage disposal system, and solid Waste disposal; in the case of land not serviced by a licensed water distribution and Wastewater collection system, whether the proposed Subdivision boundaries, Lot sizes and Building Sites comply with the requirements of the Alberta Private Sewage Disposal County of Vermilion River 79 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.2 Subdivision Applications Decisions Systems Regulation, as amended or repealed or replaced from time to time, in respect of Lot or Parcel sizes and distances between Property Lines, Buildings, water sources, and private sewage disposal systems; the Use of land in the vicinity of the land that is the subject of the application; any other matters referred to it by the County and relevant Provincial Agencies Authority consider necessary to determine whether the land that is the subject of the application is suitable for the purpose for which the Subdivision is intended; and any other matters that it considers necessary to determine whether the land that is the subject of the application is suitable for the purpose for which the Subdivision is intended. When reviewing applications to redesignate land for Subdivisions, Council shall have regard, among other matters, to Sections 3.1 and 3.2 of this Bylaw and applicable County Standards. The written decision of the Subdivision Authority provided under Section 656 of the Act must include the reasons for the decision, including an indication of how the Subdivision Authority has considered: any submissions made to it by the adjacent landowners, and the matters listed in Sections 3.1 and 3.2, pursuant to Section 7 of the Subdivision and Development Regulation. Notice of Decision A decision of a Subdivision Authority must be given in writing to the applicant and to the relevant agencies and organizations, Persons and local authorities to which the Subdivision Authority is required by the Subdivision and Development regulations to give a copy of the application. A decision of a Subdivision Authority shall be sent by electronic means if: The applicant has consented to receive documents from the Subdivision Authority by electronic means and has provided an email address, website or other electronic address to the Subdivision Authority for this purpose and It is possible to make a copy of the document from the electronic transmission. A document sent by electronic means is considered to have been received seven (7) days after it was sent. A decision of a Subdivision Authority must state: County of Vermilion River 80 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.2 Subdivision Applications Decisions whether an appeal lies to a Subdivision and Development Appeal Board or to the Municipal Government Board, and if an application for Subdivision approval is refused, the reasons for the refusal. If an application for Subdivision approval is refused, the may refuse to accept for consideration, with respect to the same land or part of the same land, a further application for Subdivision approval submitted to it within the 6-month period after the date of the Subdivision Authority's decision to refuse the application. Endorsement and Conditions Met An applicant for Subdivision approval must submit to the Subdivision Authority the plan of survey or other instrument that effects the Subdivision within one (1) year of either: the date of Subdivision approval; the date of an appeal board's decision; or the date the judgment is entered, or the appeal is Discontinued by the Court of Appeal. On being satisfied that a plan of survey or other instrument complies with a Subdivision approval and that any conditions imposed have been met, the Subdivision Authority must endorse the plan or other instrument in accordance with the Subdivision and Development Regulation, as amended. The Subdivision Authority may provide up to a one (1) year time extension to the applicant for Subdivision in order to meet conditions of Subdivision approval to a maximum of three (3) extensions per application. If the plan of survey or other instrument is not submitted within the time prescribed or further authorized by a time extension, the Subdivision approval is void and a new application must be made to the Subdivision Authority. Registration If the plan of survey or other instrument is not registered in a land titles office within one (1) year after the date on which it is endorsed, the Subdivision approval of the plan or instrument and the endorsement are void and the plan or instrument may not be accepted by a Registrar for registration. The Subdivision Authority may provide a one (1) year time extension to the applicant for Subdivision in order to register the plan or instrument to a maximum of three (3) extensions per application. County of Vermilion River 81 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.3 Subdivision Applications Requirements SUBDIVISION APPLICATIONS REQUIREMENTS All Subdivision applications for lands within the County shall comply with the provisions under this Section. All Subdivision applications that will create more than four (4) titles per quarter section, meaning the title for the quarter + 3 new titles, require the approval of a Site Development Plan, or at the request of the Development Authority an Area Structure Plan, prepared by a Registered Professional Planner (RPP) prior to submitting an application for Subdivision to the Subdivision Authority. The Development Authority, at their sole discretion, may require additional supporting information depending on the potential impacts, magnitude, and complexity of the Development proposal. in preparing a Site Development Plan or Area Structure Plan, the proponent shall consider: the impact on adjacent land uses; transportation and access; provision of water and sewer services; storm drainage; the provision for municipal reserve; the impact on community services, such as safety & fire protection; the municipal servicing costs associated with the development; landscaping and buffering; risk assessment; and any other matters identified by County Policy. a Site Development Plan or, when required, an Area Structure Plan shall: be accompanied by an identification of all municipal costs associated with the proposal; meet all provincial requirements and obtain a development permit from the County prior to construction; be encouraged to locate near or adjacent to provincial highways. not result in any additional costs to the County, unless the County has entered into an agreement to share costs. County of Vermilion River 82 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.3 Subdivision Applications Requirements All industrial developments shall obtain the approvals and permits required by provincial legislation and a development permit from the County. Industrial development shall be encouraged to locate on land that is physically suited for the proposed use, considering factors such as soil, drainage, slopes and the availability of necessary services. Industrial development shall not be located in areas where the use is likely to subject residences, hospitals, schools, or other sensitive land uses, as defined in the County's Land Use Bylaw, to high levels of noise. In consideration of a proposal for commercial or industrial subdivision, a Site Development Plan, or when required an Area Structure Plan, the Subdivision Authority shall consider whether the proposal: precisely defines the extent boundaries of the proposal; designates suitable building sites; ensures the functional integrity of the adjacent roads is maintained through the use of service roads and limited access points; defines standards of development consistent with this Land Use Bylaw, including architectural, landscaping, and sign controls; identifies methods and facilities for servicing; includes groundwater and soil permeability tests; and any other matters identified by County Policy. All drawings and plans submitted in respect to Development involving a Subdivision of land shall comply with the Drawing Submissions Standards set forth in the County of Vermilion River General Municipal Servicing Standards (County Policy PD-014, Schedule A). A Subdivision application may be submitted by: the registered Owner of the land to be subdivided; or a Person with written authorization to act on behalf of the registered Owner. If the proposed Subdivision requires an environmental assessment under the Canadian Environmental Assessment Act, the applicant shall file an environmental assessment in accordance with the Canadian Environmental Assessment Act. A copy of the environmental assessment shall be submitted with the Subdivision application. If the proposed Subdivision is required to obtain assessments and/or approvals from relevant federal or provincial agencies and organizations, the applicant shall file and obtain the appropriate County of Vermilion River 83 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.3 Subdivision Applications Requirements reports and/or approvals with relevant agencies and organizations. A copy of the required reports and/or approvals or licenses shall be submitted with the Subdivision application. A map indicating the current Land Use District designation for the Adjacent Lands within 800 m (0.5 mile) of the land proposed to be subdivided shall be submitted with the Subdivision application. Information on abandoned oil and gas wells as required by the Subdivision and Development Regulation and Alberta Energy Regulator Directive 079. Abandoned/reclaimed wells will not be allowed in Vacant Lots or Parcels less than 10 ac. The tentative plan of Subdivision shall: clearly outline the location, dimensions, and boundaries of the land which the applicant wishes to register in a Land Titles Office; show the location, dimensions and boundaries of: each new title to be created; the reserve land, if any; the rights-of-way of each Public Utility; and other rights-of-way. show the Use, location, and dimensions of existing Buildings on the land that is the subject of the application, if any, and specify whether the Buildings are proposed to be demolished or moved; show the location of any river, stream, watercourse, lake, or other body of water (natural or man-made) that is contained within the bounds of the proposed Parcel of Land; identify the location of any existing or proposed wells, the locations and type of any private sewage disposal systems, and the distance from these to existing or proposed Buildings and Property Lines; and information provided by the Alberta Energy Regulator identifying the location of any active wells, batteries, processing plants or pipelines within the proposed Subdivision; the existing and proposed access to the proposed Parcels and the remainder of the titled area. The County may also require an applicant to submit to the Subdivision Authority any or all of the following: a map of the land that is to be subdivided and shows topographic contours at not greater than 1.5 m (4.9 ft) intervals related to the geodetic data; County of Vermilion River 84 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.3 Subdivision Applications Requirements if the proposed Subdivision is not to be served by a water distribution system, information supported by the report of a qualified professional, registered in the province of Alberta, respecting the provision, availability, and suitability of potable water on or to the land to be subdivided; an assessment of subsurface characteristics of the land that is to be subdivided including, but not limited to, susceptibility to slumping or subsidence, depth to water table, and suitability for any proposed on-site sewage disposal system, prepared and signed by a qualified professional registered in the Province of Alberta; a storm water management plan, to be prepared at the discretion of the Development Authority, which must be approved by Alberta Environment and Parks including: topography; location of associated watershed and of the Development in relation to it; proposed minor drainage system (ditches/pipes/catch basin locations/flow rate); proposed major drainage systems (direction of surface drainage/flow rate); proposed on-site detention/retention facility (location/size/capacity); location of outflow/outfall Structures; and any related modeling and calculation information. if the land that is the subject of an application is located in a potential Flood Plain, a figure showing the 1:100-year Flood Plain or highest and most frequent rain event series relevant to flooding of the land; information supported by the report of a qualified professional, registered in the Province of Alberta, respecting the intended method of providing sewage disposal facilities to each Lot in the proposed Subdivision; information respecting the land surface characteristics of land within 800 m (0.5 mile) of the land proposed to be subdivided; if any portion of the Parcel of Land affected by the proposed Subdivision is situated within 1.5 km (0.93 mile) of a sour gas facility, a map showing the location of the sour gas facility; and an approved Site Development Plan, or at the discretion of the Development Authority an Area Structure Plan, which relates the application to future Subdivision and Development of adjacent areas. All proposed titles being created shall not, in the opinion of the Subdivision Authority, prejudice the future efficient Development of the remaining land. County of Vermilion River 85 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.3 Subdivision Applications Requirements The Development Authority may require the applicant for a proposed multi-Lot Subdivision to provide the Subdivision Authority a public participation summary pursuant to Section 2.14 of this Bylaw. County of Vermilion River 86 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.4 Subdivision Bare Land Condominiums SUBDIVISION BARE LAND CONDOMINIUMS A Bare Land Condominium Development Subdivision must comply with the provisions of this Section along with any applicable regulations of this Bylaw, including the regulations of the designated Land Use District, any relevant caveat, Easement, instrument, agreement, or other legal requirement, and any applicable standards, policies, procedures. An application for a Bare Land Condominium Subdivision shall comply with Sections 3.2 and 3.4 of this Bylaw and applicable County Standards. The Development Authority, at their sole discretion, may relax some Bylaw standards or regulations, including site coverage and Yard or Setback requirements, beyond the maximum relaxation requirements in this Bylaw where the relaxations only affect internal Bare Land Condominium boundaries and properties. No relaxations to the Land Use District minimum and maximum requirements shall be permitted at the outer boundaries of a Bare Land Condominium Development and/or adjacent to properties not associated with the project. Internal Roads that serve Bare Land Condominium Subdivisions are contributed assets and shall meet the County's General Municipal Servicing Standards requirements and must allow for safe and efficient movement of emergency Vehicles. Where a Subdivision for Bare Land Condominium Development is proposed, the Developer shall be required to enter into a Development agreement with the County wherein the Developer agrees to be responsible for all the costs associated with the Subdivision and Development. County of Vermilion River 87 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.5 Subdivision Design Standards SUBDIVISION DESIGN STANDARDS Single-Lot Subdivision Standards Residential Single-Lot Subdivisions for Residential Uses are subject to the policies in the Municipal Development Plan and the provisions of Land Use District designated at time of Subdivision, which shall guide the Subdivision Authority. Single-Lot or Parcel Subdivisions for Country Residential Use, Country Residence, Farmstead, or Farm Residence, at the discretion of the Subdivision Authority, may also include undeveloped lands such as sloughs; bush and even low quality pasture, or land that because of natural topography such as sloughs, ravines, or water bodies, would otherwise be cut off from the remainder of the Parcel. If the Farmland assessment of the land is below 41%, such additions may also increase the size of the vacant Country Residential Parcel beyond the 2.0 ha (5 ac.) to a maximum of 4 ha (10 ac.), subject to the policies in the Municipal Development Plan. In determining, the suitability of an application for single-Lot or Parcel Subdivision for Country Residential Use, Country Residence, Farmstead, or Farm Residence, adequate year-round access by an all-weather Road must be available. Notwithstanding the above-noted criteria, the Development Authority may consider a Development Permit application for Country Residential Use, Country Residence, Farmstead, or Farm Residence on existing registered Lots. Clustering, Development, arrangement, location, and orientation of Buildings, Main and Accessory, shall be encouraged and subject to the provisions of this Bylaw, as applicable. Country Residential Subdivisions shall be located in proximity to gas, electrical, and telephone lines, which have existing capacity to sustain the additional usage, wherever possible. Subdivisions shall have direct access to Roads. Approach and/or access to a Country Residential Subdivision shall meet the County's General Municipal Servicing Standards requirements. Where a Subdivision for Country Residential Use is proposed, the Developer may be required to enter into a Development agreement with the County wherein the Developer agrees to be responsible for all the costs associated with the Subdivision and Development. County of Vermilion River 88 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.5 Subdivision Design Standards Non-Residential Single-Lot Subdivisions for non-Residential Uses are subject to the policies in the Municipal Development Plan and the provisions of Land Use District designated at time of Subdivision, which shall guide the Subdivision Authority. Non-Residential Uses shall be encouraged to locate in designated areas with capacity to accommodate additional Development. Non-Residential Uses shall be encouraged to locate on Lower Capability Agricultural Land, in proximity to paved County Roads or provincial Highways, and in areas with access to existing water and power services, wherever possible. Clustering, Development, arrangement, location, and orientation of Buildings, main and accessory, shall be encouraged and subject to the provisions of this Bylaw, as applicable. The County may refer Subdivision applications to the relevant Provincial Agencies Authority as considered necessary to determine whether the land that is the subject of the application is suitable for the purpose for which the Subdivision is intended. Approach and/or access to a non- residential Subdivision shall meet the County's General Municipal Servicing Standards requirements. Where a Subdivision for Non-Residential Use is proposed, the Developer may be required to enter into a Development agreement with the County wherein the Developer agrees to be responsible for all the costs associated with the Subdivision and Development. Multi-Lot Subdivisions Residential Multi-Lot Subdivisions for Residential Uses are subject to the policies in the Municipal Development Plan and the provisions of Land Use District designated at time of Subdivision, which shall guide the Subdivision Authority. Multi-Lot Residential Use Subdivisions shall be encouraged to locate in within or adjacent to existing hamlets and existing multi-Lot Development areas that have the capacity to support additional Development. Multi-Lot Residential Use Subdivisions will be required to provide multi-modal trail networks to the satisfaction of the Subdivision Authority at time of Subdivision, as applicable. Multi-Lot Residential Use Subdivisions shall be clustered or grouped to reduce potential Land Use conflicts and minimize servicing costs. To that end, the County County of Vermilion River 89 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.5 Subdivision Design Standards encourages innovative design, such as Low-Impact Development, in the Development of Multi-Lot Country Residential Developments to reduce as much as possible Development costs and minimizing the conversion of agricultural land into non- agricultural Uses. Multi-Lot Residential Use Subdivisions shall ensure that necessary public facilities and services to support new Development are available and adequate, based on adopted level of service standards, at the time that the impacts of new Development occur. Clustering, Development, arrangement, location, and orientation of Buildings, main and accessory, shall be encouraged and subject to the provisions of this Bylaw, as applicable. Approach and/or access to Multi-Lot Residential Use Subdivisions shall meet the County's General Municipal Servicing Standards requirements. Multi-Lot Residential Use Subdivisions shall ensure that necessary public facilities and services to support new Development are available and adequate, based on adopted level of service standards, at the time that the impacts of new Development occur. Where a Subdivision for Multi-Lot Residential Use is proposed, the Developer shall be required to enter into a Development agreement with the County wherein the Developer agrees to be responsible for all the costs associated with the Subdivision and Development. Non-Residential Multi-Lot Subdivisions for non-Residential Uses are subject to the policies in the Municipal Development Plan and the provisions of Land Use District designated at time of Subdivision, which shall guide the Subdivision Authority. Multi-Lot Non-Residential Use Subdivisions shall be encouraged to locate within or adjacent to existing multi-Lot Development areas that have the capacity to support additional Development. Compatible non-residential uses within commercial, rural/agricultural, or Industrial Parks shall be clustered together to reduce potential Land Use conflicts and minimize servicing costs. To that end, the County encourages innovative design in the Development of multi-Lot commercial, rural/agricultural, or Industrial Parks such as Low-Impact Development and eco-parks, or similar as to reduce as much as possible Development costs and minimizing the conversion of agricultural land into non- agricultural Uses. Clustering, Development, arrangement, location, and orientation of Buildings, main and accessory, shall be encouraged and subject to the provisions of this Bylaw, as applicable. County of Vermilion River 90 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.5 Subdivision Design Standards Approach and/or access to Multi-Lot Non-Residential Use Subdivisions shall meet the County's General Municipal Servicing Standards requirements. Multi-Lot Non-Residential Use Subdivisions shall ensure that necessary public facilities and services to support new Development are available and adequate, based on adopted level of service standards, at the time that the impacts of new Development occur. Where a Subdivision for Multi-Lot Non-Residential Use is proposed, the Developer shall be required to enter into a Development agreement with the County wherein the Developer agrees to be responsible for all the costs associated with the Subdivision and Development. County of Vermilion River 91 Land Use Bylaw 19-02 3.0 Subdivision: Standards, Rules, and Procedures 3.6 Subdivision Strata Space Plans SUBDIVISION STRATA SPACE PLANS An application for a Strata Space Plan Subdivision shall comply with the provisions under Sections 3.2 and 3.4 of this Bylaw and County Standards, as applicable. A Strata Space Plan Subdivision pursuant to Section 86 of the Land Titles Act, t, R.S.A. 2000, c. L-4, must comply with the applicable Alberta Building Code (ABC) regulations, as amended; along with any applicable regulations of this Bylaw, including the regulations of the designated Land Use District, any relevant caveat, Easement, instrument, agreement, or other legal requirement, and any applicable standards, policies, procedures. The boundaries in a Strata Space Plan must conform to or lie within the boundaries of a single Parcel on a plan of survey registered under the Land Titles Act. Strata Spaces in a Strata Space Plan of Subdivision shall be designated by means of a strata descriptive plan of survey prepared by professional surveyor registered to practice in the Province of Alberta. Descriptive plans, which may inform the tentative Subdivision plan, are solely for informational purposes; only tentative plans approved by the Subdivision Authority may be registered. An application for Subdivision by Strata Plan shall require an approved Site Development Plan, or at the request of the Development Authority an Area Structure Plan, prepared by a Registered Professional Planner (RPP) before the Building code implications of a Development with strata can be considered. The relevant Plan must explain what alternative measures will be put in place to offset any hazards associated with Variances from the Code requirements or implementation of alternative or mitigation measures, as applicable. A Strata Space Plan must execute and register, against each of the affected titles, a Shared Easements, Covenants, and Restrictions (SECR) Agreement concurrently with the registration of the final instrument. The SECR Agreement must identify all Building services and systems that are shared among strata Owners, including locations where it is necessary for Occupants to cross over another strata or fee simple Lot in order to reach a public Road or sidewalk. The Subdivision Authority must submit a draft of the SECR to the Development Authority for approval prior to final endorsement of the Plan. Secondary or Accessory Dwelling Units cannot be strata Units. Where a Subdivision by Strata Plan is proposed, the Developer shall be required to enter into a Development agreement with the County wherein the Developer agrees to be responsible for all the costs associated with the Subdivision and Development. County of Vermilion River 92 Land Use Bylaw 19-02 4.0 General Provisions County of Vermilion River 94 Land Use Bylaw 19-02 PART 4.0 GENERAL PROVISIONS This Page Intentionally Left Blank 4.0 General Provisions 4.1 Applicability APPLICABILITY The provisions under this Part apply to all Land Use Districts except where directed otherwise in this Bylaw. County of Vermilion River 95 Land Use Bylaw 19-02 4.0 General Provisions 4.2 Accessory and Main Buildings Siting and Setbacks in Non-Residential Districts Regulations County of Vermilion River 97 Land Use Bylaw 19-02 ACCESSORY AND MAIN BUILDINGS SITING AND SETBACKS IN NON-RESIDENTIAL DISTRICTS REGULATIONS (1) An Accessory Building shall not be used as a Dwelling unless a Development Permit has been issued allowing the Use of the Accessory Building as a Secondary Dwelling or Secondary Suite, and the Secondary Dwelling or Secondary Suite meets the provisions of Section 4.20 and all other applicable provisions of this Bylaw and the Building meets the requirements of the Alberta Safety Codes Act. (2) Sea Cans shall comply with the provisions of Section 5.24 of this Bylaw and all other provisions of this Bylaw. Accessory Buildings shall be located such that the minimum distances shown on Figure 1 are provided (3) Accessory Buildings shall be located as follows: (a) Minimum Front Yard: Shall be no closer than the Front Line of the Main Building, unless the structure and Lot meet the criteria in Subsection 4.2(4). (b) Minimum Side and Rear Yard Setbacks: Shall be the same as prescribed for the Main Building in the District. (c) In no case shall an Accessory Building or structure be located within any Setbacks as shown in Figure 1, on an easement, or a utility right-of-way (ROW). (4) Notwithstanding 4.2(3)(a), Accessory Buildings may be located in a Yard other than the Side or Rear Yards at the discretion of the Development Authority if: (a) The Site is designed to incorporate Crime Prevention Through Environmental Design (CPTED) principles to reduce the risk of theft and increase security. These CPTED principles may include: (i) The provision of lighting to minimize unlit areas; and (ii) Limiting access with barriers such as Fencing and gates (iii) Siting Accessory Buildings so that they are visible from the Rural Residence, where applicable. (b) The siting of an Accessory Building is restricted by topographic constraints of the Lot, such that the Building cannot feasibly be located in the rear or Side Yards of the Lot. (c) The siting of an Accessory Building is restricted by a lot that is, in the opinion of the Development Authority, irregularly shaped. (5) Regulations: (a) Minimum Lot Area: as required by the designated Land Use District. (b) The Maximum Height of a detached Accessory Building should not exceed 10.5 m (34.5 ft.) (c) Notwithstanding 4.2(5)(b) above, the Maximum Height of an agricultural Building such as a silo, grain bin, or terminal shall be at the discretion of the Development Authority, who shall have regard for Airport height restrictions. (d) Minimum Shelterbelt and Planting Setback - as required by the designated Setbacks shown in Figure 2 excluding Provincial highways, which are subject to Alberta Transportation and Economic Corridors regulations. Setbacks from roadways are measured from the ROW centerline. (e) Minimum Sight Distance - as required by the designated Setbacks in County Policy or as required by Alberta Transportation Highway Design Guide, Chapter G.4, where applicable. (f) Minimum Recommended FireSmart Setback - as shown in the designated Setbacks in Figure 1. Bylaw 25-25 4.0 General Provisions 4.2 Accessory and Main Buildings Siting and Setbacks in Non-Residential Districts Regulations County of Vermilion River 97 Land Use Bylaw 19-02 ACCESSORY AND MAIN BUILDINGS SITING AND SETBACKS IN NON-RESIDENTIAL DISTRICTS REGULATIONS (6) Where a structure is attached to the Main Building on a Lot by a Roof, an open or enclosed structure, a floor, or a foundation, it is to be considered a part of the Main Building and is not an Accessory Building. (7) Notwithstanding any provisions contrary in this Bylaw, the designated Setbacks from roadways in FIgure 1 apply to all Accessory Buildings, in addition to the applicalbe District regulations, at the discretion of the Development Authority. (8) Exceptions: (a) At the discretion of the Development Authority, the height provisions may be waived for church steeples, belfries, towers, cupolas, and similar architectural features: flagstaffs, chimneys, elevator mechanisms and housings, water tanks, standpipes, and similar utility structures, and radio and television towers and Antennas, and similar telecommunications structures. (b) Radio and television towers and Antennas, and similar telecommunication structures are subject to specific District Requirements as established in Section 2.13 of this Bylaw. (9) Non-Conforming Use: (a) The provisions of Section 2.12 will apply to those Accessory Use Buildings, which are already in existence at the time these regulations come into effect, and do not meet the requirements established wihtin these regulations at the discretion of the Development Authority. (b) Non-Conforming Accessory Use Buildings may be allowed to encroach into the Setbacks established within these regulations at the discretion of the Development Authority. Bylaw 25-25 4.0 General Provisions 4.2 Accessory and Main Buildings Siting and Setbacks in Non-Residential Districts Regulations Figure 1. Siting and Setbacks in Agriculture (A), Country Residential - Agriculture (CR-A) and Country Residential - Single-lot (CR-S) Districts Regulations County of Vermilion River 98 Land Use Bylaw 19-02 Bylaw 25-25 4.0 General Provisions 4.2 Accessory and Main Buildings Siting and Setbacks in Non-Residential Districts Regulations Table 1: Designated Setbacks from Roadways County of Vermilion River 99 Land Use Bylaw 19-02 Bylaw 25-25 4.0 General Provisions 4.3 Accessory and Main Buildings Siting and Setbacks in Residential Districts Regulations ACCESSORY AND MAIN BUILDINGS SITING AND SETBACKS IN THE COUNTRY RESIDENTIAL - MULTI-LOT (CR-M), RESIDENTIAL - LOW DENSITY (R), RESIDENTIAL - MEDIUM DENSITY (R1), RESIDENTIAL - HIGH DENSITY (R2) AND RESIDENTIAL - MULTI-FAMILY/MULTI-UNIT (R3) DISTRICTS The intent and purpose of the Development regulations is to encourage smart growth and sustainable Development within the County. To preserve and enhance the rural character of the landscape and support the goals and objectives established in the County's plans, policies, and regulations. Accessory Buildings include storage Sheds, Garages and Carports, Greenhouses, Sea Cans, or other Similar Uses or Buildings. An Accessory Building shall not be used as a Dwelling unless a Development Permit has been issued allowing the Use of the Accessory Building as a Secondary Suite or Secondary Dwelling, and Secondary Dwelling or Secondary Suite meets the provisions of Section 4.20 and all other applicable provisions of this Bylaw and the Building meets the requirements of the Alberta Safety Codes Act. Sea Cans shall comply with the provisions of Section 5.24 and all applicable District Regulations. Accessory Buildings shall be located such that the minimum distances shown on Figure 3 are provided. Accessory Buildings shall be located as follows: No closer to the front Property Line than the Main Building. In no case shall an Accessory Building or structure be located within any Setbacks as shown in Figure 3, on an Easement, or a utility Right-Of-Way. The siting of a Development or an Accessory Building on a Lot with Development Constraints, such that the Building cannot feasibly be located in the Rear or Side Yards of the Lot, shall be as required by the Development Authority and may require a request for a Variance subject to the provisions of Section 2.13 of this Bylaw. The siting of a Development or an Accessory Building on an irregularly shaped Lot shall be as required by the Development Authority. Additional Buildings No additional or accessory Buildings shall be constructed on a Property unless: It is in compliance with the Land Use Bylaw of the County of Vermilion River in force at the time; the additional or accessory Building is constructed and pre-finished or painted so that the design and Construction compliments and is compatible with the principal Building; County of Vermilion River 100 Land Use Bylaw 19-02 Bylaw 25-25 4.0 General Provisions 4.3 Accessory and Main Buildings Siting and Setbacks in Residential Districts Regulations the roofline of any additional or accessory Building does not exceed the height of the principal Building; no additional or accessory Building Setbacks exceed those of the principal Building. No custom, manufactured, or Modular Home of any type or kind shall be placed on a Property unless the custom, manufactured, or Modular Home meets the following requirements: Any custom, manufactured, or Modular Home shall meet all CSA and Alberta Building Standards (ABS) standards and requirements, and contain and have affixed CSA and ABS label numbers; Roof types shall be limited to Roofs of a peak design with a suitable material that meets all Alberta Building Code standards and requirements; Dwellings shall be placed on a CSA Z240. 10.l standard foundation, an engineer approved foundation, or a Basement which meets Alberta Safety Codes standards. Accessory Buildings Development Regulations ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Maximum Lot Coverage Area As required under the Designated Land Use District. Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. Accessory Buildings Size CR-A, CR-S, and CR-M Districts: Maximum 3,000 square feet. R, R1, R2, and R3 Districts: Maximum 60% of the floor area of the Main Building. Where there is an approved Site Development Plan or Area Structure Plan, requirements and/or regulations in that Plan will apply. County of Vermilion River 101 Land Use Bylaw 19-02 4.0 General Provisions 4.3 Accessory and Main Buildings Siting and Setbacks in Residential Districts Regulations ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Number of Accessory Buildings Within Districts other than CR-A limited to: 2 accessory buildings + 1 Garage. Within CR-A District: at the discretion of the Development Authority. Minimum Front Yard Minimum 7.6 m (25ft) from Lot Line as shown in Figure 3. Maximum shall be no closer than the front line of the Main Building, unless the Lot or Parcel meets the criteria in Section 4.3(7) above. Except for provincial Highways, which are subject to Alberta Transportation regulations. Minimum Side Yard 0.9 m (3 ft.) from Lot Line, provided that overhanging eaves shall not be less than 0.6 m (2 ft.) from any Lot Line, or as provided for within the Designated District. At the discretion of the Development Authority, structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. Minimum Rear Yard 1.5 m (5 ft.) from Lot Line, provided that overhanging eaves shall not be less than 0.6 m (2 ft.) from any Lot Line, or as provided for within the Designated District. Minimum Sight Distance 6 m (19.6 ft), as shown in Figure 3, or as required by Alberta Transportation Highway Design Guide, where applicable. County of Vermilion River 102 Land Use Bylaw 19-02 4.0 General Provisions 4.3 Accessory and Main Buildings Siting and Setbacks in Residential Districts Regulations ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Maximum Height Accessory Buildings Shall not exceed the height of the Main Building, except that a Variance has been granted in connection with a valid Development Permit at the discretion of the Development Authority. Except where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance is granted, pursuant to Section 2.13 of this Bylaw. Where a structure is attached to the Main Building on a Lot or Parcel by a Roof, an open or enclosed structure, a floor, or a foundation it is to be considered a part of the Main Building and is not an Accessory Building, and is subject to the same minimum Yard requirements as the Main Building. Secondary Suites In such cases where it can reasonably be determined by the Development Authority that the additional height will not impact the quality of life or enjoyment of adjacent properties, the height of the Accessory Building containing the Secondary Suite shall not exceed the height of the Main Building. Secondary Suites are subject to additional applicable provisions under this Section and the provisions under Section 4.20. Minimum Shelterbelt and Planting Setback 0.9 m (3 ft.) from Lot Line, as shown in Figure 3, excluding provincial Highways, which are subject to Alberta Transportation regulations. Setbacks from Roadways must be measured from Right-Of-Way centerline. Notwithstanding any provisions to the contrary in this Bylaw, the designated Setbacks from Roadways in Table 1 applies to all Accessory Buildings in all Districts, in addition to the applicable regulations in the Designated District, except that a Variance has been granted at the discretion of the Development Authority in connection with a valid Development Permit. Notwithstanding any provisions to the contrary in this Bylaw, the designated Setbacks in Figure 3 apply to all Accessory Buildings, along with the applicable regulations for the Designated District, except at the discretion of the Development Authority or where a Variance has been granted in connection with a valid Development Permit. County of Vermilion River 103 Land Use Bylaw 19-02 4.0 General Provisions 4.3 Accessory and Main Buildings Siting and Setbacks in Residential Districts Regulations ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Design and Appearance The exterior treatment of the Accessory Building shall be consistent and complement with that of the Main Building. Vegetation All Landscaping, Screening, Buffering, and planting shall meet County Standards and all other provisions of this Bylaw and must be carried out to the satisfaction of the Development Authority. In addition: Landscaping adjacent to structures should incorporate FireSmart Vegetation Management Strategies. Shelterbelts and Buffers should follow Agriculture and Agri-Food Canada Design Guidelines. (See Figure 2. Shelterbelt Setbacks.) Application Referral In accordance with the provisions of Section 2.15 of this Bylaw. Exceptions At the discretion of the Development Authority, the height provisions of these regulations may be waived for church steeples, belfries, towers, cupolas, and similar architectural features; flagstaffs, chimneys, elevator mechanisms and housings, water tanks, stand pipes, and similar utility structures; and radio and television towers and Antennas, and similar telecommunication structures, and may require a request for a Variance subject to the provisions of Section 2.13 of this Bylaw. Notwithstanding any regulation in this Section to the contrary, all Garages and Carports shall be located a minimum of 6 m (20 ft.) from any Lot Line where the Garage doors that provide Vehicle access face that Lot Line. The distance from the doors of an attached Garage that provide Vehicle access or the entrance of an attached Carport to the Lot Line shall not be less than the required Yard Setback within the Designated District. Notwithstanding any regulation in this Section to the contrary, a Fence or hedge may be constructed along a boundary line of a Lot or Parcel or immediately adjacent to a Main Building, subject to the provisions in Section 4.5(12) of this Bylaw. Radio and television towers and Antennas, and similar telecommunication structures are subject to specific District requirements as established in Section 5.28 of this Bylaw. The FireSmart Setback provisions of these regulations may be modified at the discretion of the Development Authority, and may require a request for a Variance subject to the provisions of Section 2.13 of this Bylaw. Non-Conforming Uses Non-Conforming Use status will apply to those Accessory Buildings, which are already in existence at the time these regulations come into effect and do not meet the requirements established within these regulations, pursuant to Section 2.12 of this Bylaw. County of Vermilion River 104 Land Use Bylaw 19-02 4.0 General Provisions 4.3 Accessory and Main Buildings Siting and Setbacks in Residential Districts Regulations ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Non-Conforming Accessory Buildings already in existence, may be allowed to encroach into the Setbacks established within these regulations at the discretion of the Development Authority. Notwithstanding any other provision of this Bylaw to the contrary, Non- Conforming Uses existing as of the date of the approval of this Bylaw may be entirely restored and/or replaced, whether or not they have been damaged by fire or other incident, and whether or not the landowner/Developer merely wishes to replace the Building. Restricted Uses Uses that may produce, directly or indirectly, noise, odour, fumes, dust, smoke, unsightly appearance, or other effects that may be detrimental to Uses within a Residential District shall not be allowed within a Residential District. Swimming Pools The minimum Front and Side Yards of a swimming pool shall be the same as for the Main Building, and the minimum Rear Yard for a swimming pool shall be 1.5 m (5 ft.). All swimming pools must be enclosed by a non-climbable Fence not less than 1.8 m (5.9 ft.) in height either around the pool area or around the perimeter of the Lot or Parcel and shall include a security gate. All swimming pools shall meet the minimum standards of any applicable Provincial regulations regarding swimming pools. There shall be no mechanical or electrical equipment used, which would interfere with the enjoyment of adjacent properties. Temporary Uses Development Permits for non-permanent structures, including but not limited to portable Garage shelters, may be issued on a temporary basis for a period not to exceed three (3) years. County of Vermilion River 105 Land Use Bylaw 19-02 4.0 General Provisions 4.3 Accessory and Main Buildings Siting and Setbacks in Residential Districts Regulations Figure 3. Siting and Setbacks in Residential Districts. Figure 4. Permitted Encroachments within Side Yards on a Corner Site. County of Vermilion River 106 Land Use Bylaw 19-02 4.0 General Provisions 4.4 Corner and Double Fronting Lots or Parcels CORNER AND DOUBLE FRONTING LOTS OR PARCELS Within all Districts, the following regulations shall apply: In the case of Double Fronting Lots, the Front Yard shall be that portion of the Lot Abutting the Road on which the Front Yards of adjacent Lots face. If adjacent Lots have Front Yards facing both Roads, Front Yards shall be considered to be on both Roads and the Lot may thus have no Rear Yard. Notwithstanding any other provision of this Bylaw to the contrary, the Development Authority may require that a Development on a Corner Lot or on a Double Fronting Lot provide two minimum required Front Yards, after having regard to the orientation of adjacent Lots and to the location of accesses to the Development. Notwithstanding any other provision of this Bylaw to the contrary, where a second minimum Front Yard is not required on a Corner Lot, the minimum required Side Yard on the side adjacent to the Road shall not be less than the minimum Side Yard for the Designated District. Except as provided in Section 4.16, where a second minimum Front Yard is not required on a Corner Lot, no feature, structure, or portion of a Building more than 0.5 m (1.6 ft) in height shall be located or project into a required Yard. (See Section 4.5) In all Districts, the following regulations shall apply regarding Site line protection on Corner Lots or Parcels: On corner Sites within all Districts, at the intersection of Roads, Lanes, and at intersections of driveways and Roads, no feature, structure, or portion of a Building more than 1.0 m (3.2 ft.) in height shall be erected, placed or maintained within the Corner Site Line Protection areas or its Setbacks, as shown in Figure 1 and Figure 3, as applicable. Notwithstanding any other provision of this Bylaw to the contrary, no Sign shall be located within the Corner Site Line Protection areas or its Setbacks, as shown in In all Districts, the following regulations shall apply regarding Lots or Parcels adjacent to a water body: Lots or Parcels of Land adjacent to a water body shall be considered double-fronting Lots or Parcels and are subject to the provisions in this Section, in addition to all other provisions of this Bylaw for the Designated District for each Lot or Parcel. The Front Lot Line for Lots or Parcels of Land adjacent to a water body, whether there is or not Separation by means of an environmental reserve or conservation Buffer or Easement shall be located along the Lot or Parcel Property or boundary line Abutting the main access Road to the subject Lot or Parcel. County of Vermilion River 107 Land Use Bylaw 19-02 4.0 General Provisions 4.4 Corner and Double Fronting Lots or Parcels Location of Accessory Buildings on Lots or Parcels of Land adjacent to a water body shall conform to the regulations established in Section 4.2 or Section 4.3 of this Bylaw, subject to the designated Land Use District for each Lot or Parcel. County of Vermilion River 108 Land Use Bylaw 19-02 4.0 General Provisions 4.5 Design, Character and Appearance of Developments Standards and Regulations DESIGN, CHARACTER AND APPEARANCE OF DEVELOPMENTS STANDARDS AND REGULATIONS The purpose of this Section is to provide the County with controls to ensure higher quality performance of Site Development, Building, and systems as well as good and compatible design, character, and appearance of Buildings located in Lots and Parcels of Land throughout the County. The provisions of this Section apply to the Development of all Buildings within the County of Vermilion River. The County will encourage high-quality, sustainable Development in design, Construction, and systems, which incorporate environmental considerations. Development proposals within the County shall be designed in a pattern of interconnecting streets, defined by Buildings, street furniture, Landscaping, pedestrian ways and sidewalks, as applicable. The layout should be suited to existing topography and other natural features of the area to minimize cut-and-fill and grading throughout the Site. The following design guidelines and architectural controls apply to Development proposals for lands located within County boundaries. The Development Authority, at its sole discretion, may require that design guidelines be registered on the title for each Lot or Parcel through an instrument, such as a restrictive covenant. Appearance The exterior finish on all Buildings shall be of a permanent material and be of a character and quality satisfactory to the Development Authority. In this regard, the siding, shingling, painting, etc. of a Building shall be completed within two (2) years of Development Permit approval. Building massing and siting Building massing and siting should reflect careful consideration of the Lot or Parcel characteristics, relationship, and orientation. Building mass, siting and style may be modified on a case-by-case basis to enhance the streetscape. Setbacks may be adjusted accordingly. There is intent to provide an overall Site composition of sloped Roofs, which allow for an expression of uniqueness for individual residences and the internal functions of each house. Houses within the same street or cul-de-sac are to have a consistency of apparent volume. The siting of Dwelling Units shall reflect the attributes of topography, views, exposures, and the need for privacy. House siting should be examined to ensure proper drainage and compatibility with siting on adjacent Lots or Parcels. Setbacks and Separation Space County of Vermilion River 109 Land Use Bylaw 19-02 4.0 General Provisions 4.5 Design, Character and Appearance of Developments Standards and Regulations Maximum Setbacks for Front Yards on all other Lots or Parcels may be imposed to ensure compatibility with siting on adjacent Lots or Parcels. Elevations Front elevation and high-visibility rear elevation treatments should avoid large expanses of flat, vertical wall through the use of such architectural elements as trim boards on window frames, arched elements, decorative panels, balconies, bay windows, projections, etc. A maximum of two feet (2) of parged concrete will be permitted on all elevations of the home. Variation in grade and Basement design may require the exterior cladding material be lowered or extended to within 2' of ground level. Grading The Development Authority, at its sole discretion, may require that the Applicant or Developer obtain a grading certificate from the County for each Lot or Parcel as a condition of Development or Subdivision. Grade variations should be absorbed within the Building mass, to minimize steeper slopes and contrast between Lots or Parcels. Front entry steps are to be a maximum of three risers per set. Where the grade elevation calls for more than three risers, the run must be split. Exceptions to this requirement may be granted in consideration of the unique design and/or topography. Any gap between the ground level and the floor level of any Development shall be finished with high-quality skirting within 30 days of placement on a Property. All finished materials shall either be parged, factory fabricated, or of equivalent quality and be pre-finished or painted so that the design and Construction compliments and is compatible with the Dwelling; All Property shall provide for a maximum of two (2) Off-Street Parking Spaces and shall ensure that sufficient Setbacks are provided for the Parking Area to park Vehicles entirely on Site, without overhanging any Property Lines. Driveways and Garages Driveways and front walks are to be one of the following: 1.cast in place concrete, including plain and stamped, or colored concrete; 2.paver stones; or 3.field stones. County of Vermilion River 110 Land Use Bylaw 19-02 4.0 General Provisions 4.5 Design, Character and Appearance of Developments Standards and Regulations 4.asphalt driveways and sidewalks are not allowed. 5.Garages shall be constructed in a style that complements the house. 6.unless otherwise approved by the Development Authority, Garages are to be located on the Property in conformity with the Land Use Bylaw of the County of Vermilion River. Colours exterior colours shall all be in keeping with the image and character of the neighbourhood. The Development Authority may consider the following when reviewing Development proposals in all districts: the design, character, and appearance of a proposed Building or Building(s) must be compatible with Buildings on the subject Lot or Parcel and other Buildings existing in the vicinity, unless the Building is setting an improved standard of design and character for the Land Use District or a particular location therein. the design of the Building must be consistent with the purpose of the Land Use District in which it is located; and/or the Building shall comply with any provisions of any statutory plan, which sets out specific guidelines as to the design, character, appearance, or Building Materials to be used within a District or area; The arrangement, location, and orientation of all Buildings, main and accessory, in all districts shall be as required by the Development Authority. The Development Authority shall encourage Buildings to be Sited and constructed following best practices to maximize passive solar energy gain. The Subdivision Authority or the Development Authority, where it desires to achieve a higher standard of design and appearance in a specific Site Development Plan, Area Structure Plan, Subdivision, or Development, may require the Developer to provide detailed architectural control guidelines and to register said guidelines in the form of a restrictive covenant (RC) in title for each individual Lot or Parcel as a condition of Subdivision or Development approval in order to ensure ongoing conformance with the established architectural control guidelines. Specifically with respect to Non-Residential or Direct Control Districts, other than a Direct Control District within the boundary of an Intermunicipal Development Plan, the Development Authority or Council, as the case may be, may impose conditions in relation to Property appearance if, in the opinion of the Development Authority or Council: County of Vermilion River 111 Land Use Bylaw 19-02 4.0 General Provisions 4.5 Design, Character and Appearance of Developments Standards and Regulations there is a likelihood that the proposed Development will generate undesirable impacts on surrounding Sites, such as poor appearance, excessive noise, light, odours, traffic, litter, or dust; and/or there is a likelihood that undesirable impacts may be generated on the Site, and cause conflicts with other Lots or businesses within or adjacent to the Development. In determining the conditions to be imposed pursuant to Section 4.5(9) above, the Development Authority or Council, as the case may be, may consider, but will not be limited to considering the following: Additional Separation space may be required between incompatible Uses. Trees, shrubs, opaque Fences, walls, and Berms can be used to Buffer or screen uses having negative impact. Architectural elements such as arches, columns, or gables along with appropriate exterior finishing materials and colours can reduce the perceived mass and impact of rooflines and facades of large Buildings where walls are in excess of 33.0 m (100 ft) in length. Waste collection areas may need to be screened using Berms, Landscaping, or solid fencing or any combination of the foregoing. Similarly, mechanical equipment (including rooftop mechanical equipment) shall be screened from view. Alternative access locations. Applying dust control methods to the subject Property and/or adjacent Roads. Any additional measures that at their discretion are considered relevant to mitigate impacts on adjacent or sensitive Uses in proximity to the proposed Development. Fences, Walls, and Hedges Notwithstanding any regulation respecting required Yards to the contrary in this Bylaw, a Fence or hedge may be constructed along a boundary line of a Lot or Parcel, except as established for the Corner Site Line Protection areas or its Setbacks, as shown in Figure 1 and Figure 3, as applicable. No Fence, wall, hedge or any combination thereof located within any Residential District shall be constructed higher than listed below, when measured from the average ground level at 0.3 m (1 ft.) back from the Lot Line, on whichever side of the Fence the ground level is lower than: 2.0 m (6.6 ft.) for the portion of the Fence, wall, or hedge that extends from the foremost portion of the Main Building into the Rear Yard Setback, as depicted in Figure 5; County of Vermilion River 112 Land Use Bylaw 19-02 4.0 General Provisions 4.5 Design, Character and Appearance of Developments Standards and Regulations 1 m (3.3 ft.) for the portion of the Fence, wall, or hedge that extends from the foremost portion of the Main Building into the Front Yard Setback, as depicted in Figure 5; 1 m (3.3 ft.) for that portion of the Fence, wall, or hedge that extends into an 8 m (26.25 ft.) sight triangle on a Corner Lot or Parcel with two or more intersecting Roads, as depicted in Figure 5. Figure 5. Fencing Regulations. All Apartment or row housing Developments shall provide, to the satisfaction of the Development Authority, a wall, hedge or wooden Fence of not less than 1.22 m (4.0 ft.) nor more than 2.0 m (6.6 ft.) in height, along any side or rear lines adjacent to any Residential Use. All Drive-In Businesses, car washing establishments, Service Stations and gas bars shall provide, to the satisfaction of the Development Authority, solid Fences of not less than 1.22 m (4.0 ft.) in height nor more than 2.0 m (6.6 ft.) in height, along any side or rear Property Lines adjacent to any Residential District. All other commercial Developments shall provide, to the satisfaction of the Development Authority, a wooden Fence of not more 2.0 m (6.6 ft.) in height along any side or rear lines adjacent to any Residential District. County of Vermilion River 113 Land Use Bylaw 19-02 4.0 General Provisions 4.5 Design, Character and Appearance of Developments Standards and Regulations Neither razor wire nor barbed wire shall be allowed within Residential Districts. Razor wire shall not be used in the Municipality without a Development Permit having been issued to allow its Use. Other than in the Agricultural (A) and Controlled Urban Development (CUD) Districts, barbed wire shall be used as a fencing material only if a Development Permit has been issued to allow its Use. In all Districts outside of the Hamlets, all Fences, walls and hedges, other than game fencing and corrals on Parcels over 32 ha (80 ac.), shall be not less than 15.24 m (50.0 ft.) from the centre line of adjacent Roads. Crime Prevention Through Environmental Design During the review of a Development Permit application, the Development Authority may consider the following Crime Prevention Through Environmental Design (CPTED) principles, and make recommendations for the proposed Development: the reduction of concealment opportunities; the provision of lighting to minimize unlit areas; the placement of house and/or windows to maximize informal surveillance; easily-identified street addresses; the placing of Landscaping elements to provide sufficient sightlines; designing the layout in a manner that encourages safe and accessible pedestrian movement; and clearly defining entrance and exit routes. Dark Skies All exterior lighting and all fixtures shall be shielded and oriented as to direct ALL light below the horizon. All residential, commercial, industrial, recreational, and Institutional users of exterior Night- Time illumination are encouraged to extinguish luminaires when not required. Further to the regulations set out in the Land Use Bylaw, ALL new signage within the County requiring Night-Time illumination shall be illuminated only from the top of the Sign, and only with full cut-off fixtures, oriented such that ALL light will be directed downward and below the horizon. County of Vermilion River 114 Land Use Bylaw 19-02 4.0 General Provisions 4.5 Design, Character and Appearance of Developments Standards and Regulations Illumination of existing non-compliant outdoor signage after approved business hours is prohibited unless the luminaire is retrofitted to be fully shielded and oriented as to direct ALL light below the horizon. Curfews all existing sources of exterior illumination, including but not limited to residential, commercial, industrial, recreational, institutional, and signage for the purposes of advertising/entertainment that do NOT comply with pertinent sections of this bylaw shall be turned off by: 1. 11:00 pm between April 1st and September 30th. 2. 9:00 pm between October 1st and March 31st. when enforcing sub-paragraph (i) above, the Municipality may take into account any practical considerations, including business hours of operation seasonal nighttime differences, and so on. unless approved business hours surpass the prescribed curfew times, existing signage installed prior to the passing of this Bylaw that is used for advertising/entertainment purposes and that does NOT comply with the above regulation shall be required to extinguish artificial illumination by: 1. 11:00 pm between April 1st and September 30th. 2. 9:00 pm between October 1st and March 31st. The Use of laser light sources for outdoor advertising and/or entertainment purposes is prohibited. The operation of searchlights for advertising and/or entertainment purposes is prohibited. The Use of drop lens cobra head light fixtures for street lighting purposes is prohibited. Only flat lens streetlight fixtures are permitted. No luminaire in a Residential District shall be oriented such that the light it emits trespasses beyond the Property Line on which the luminaire is located. Where commercial or industrial properties border residential properties, the amount of light that falls off the Property does not exceed 0.5 foot-candle (lm/ft2) at the commercial or industrial Property Line. No luminaire that produces glare due to its bulb type, power, and/or orientation, shall be permitted. Non-Conforming Luminaires County of Vermilion River 115 Land Use Bylaw 19-02 4.0 General Provisions 4.5 Design, Character and Appearance of Developments Standards and Regulations all luminaires and illuminated Signs lawfully in place prior to the date of the adoption of this bylaw shall be grandfathered. Until said luminaries are to be moved, repaired, or replaced for any reason, at that time the grandfathered luminaire shall be required to meet the provisions set out in this bylaw. should grandfathered luminaires currently in place cause glare and/or light trespass, the Owner is to rectify the situation at their earliest convenience. Should the Owner choose not to do so, a remedial order may be issued. the County is committed to developing a program that will provide orientation to Property Owners with retrofitting their existing non-compliant luminaires. County of Vermilion River 116 Land Use Bylaw 19-02 4.0 General Provisions 4.6 Development adjacent to Roadways regulations DEVELOPMENT ADJACENT TO ROADWAYS REGULATIONS Development Permit applications for lands within 800 m (0.5 mile) of the centerline of a provincial Highway or a provincial Highway and a public Road intersection shall be issued subject to approval by Alberta Transportation, as required pursuant to Provincial legislation and regulation. Site Development Plan or Area Structure Plans applications for lands within 1.6 km (1 mile) of a provincial Highway or a provincial Highway and a public Road intersection are subject to approval by Alberta Transportation, as required pursuant to Provincial legislation and regulation. On a Lot or Parcel located at the intersection of County Roadways, no Development shall be permitted within the areas illustrated in Figure 1 and Figure 3, as applicable. On a Lot or Parcel located in the inside of a Road curve, no Development shall be permitted within the areas illustrated in Error! Reference source not found.. Development shall be located so that access or egress to a Roadway is beyond 150 m (492 ft.) of the beginning or end of a Road curve with greater than twenty (20) degrees curvature, as illustrated in Figure 6; or, at the intersection of two (2) Roads, such that the minimum distances shown on Figure 1 and Table 1, as applicable, are provided. Ingress to or egress from County Roadways shall not be permitted where it would be: less than 150 m (492 ft.) from an existing Approach on the same side of the Road; less than 150 m (492 ft.) from a bridge; less than 150 m (492 ft.) from an at-grade railway crossing; at a point where the gradient of the Road is in excess of three percent (3%), when the existing surveyed Road has been constructed to Collector Road standards; and in the case of an existing surveyed Road not constructed to Collector Road standards, ingress to or egress will be permitted only if Construction to Collector Road standards is expected within two (2) years and the grade will be less than three percent (3%). exceeding the maximum number of ingress/egress points along a County Roadway established in the County Standards for the proposed location. The planting of trees adjacent to collector and rural Roads shall be in accordance with the requirements of Figure 1, and Table 1. Where a County Roadway intersects a provincial Highway, Provincial regulations shall apply to Development adjacent to the County Roadway, where it intersects. County of Vermilion River 117 Land Use Bylaw 19-02 4.0 General Provisions 4.6 Development adjacent to Roadways regulations Figure 6. Building and Access Setbacks Requirements near Road Curves. Notwithstanding any other provision of this Bylaw to the contrary, Permitted or Discretionary Uses for lands adjacent to Roadways such as Gravel Pits and storage-type businesses, or Uses that would normally include extensive Outdoor Storage areas of material and equipment, garbage, and waste material shall screen such areas from adjacent sites and public thoroughfares, excluding lanes.. Land adjacent to Highways shall not only be developed and maintained in an aesthetically pleasing and safe manner but also Buildings rather than storage areas or Yards shall Occupy the Roadway frontage areas on such land. In addition, the land shall meet the Buffering and Landscaping requirements established in the County Standards and this Bylaw by means of Berming or solid fencing, so as to screen the visibility of the Use from the Roadway. To that end, and provided that all other provisions of this Bylaw are satisfied, Developments adjacent to Highways consisting of Buildings and storage areas to the rear, away from the Arterial Road, will generally be acceptable and, subject to the discretion of the Development Authority, may be approved. However, the Development Authority will generally not approve Developments with pits or storage areas adjacent to or visible from Highways. County of Vermilion River 118 Land Use Bylaw 19-02 4.0 General Provisions 4.7 General Development Regulations GENERAL DEVELOPMENT REGULATIONS Highway Access In the consideration of any Development proposal for Main or Accessory Uses within any District along transportation network corridors, adequate access to Highways or freeways will be an issue. Any Development approval may be conditional upon the Developer providing or agreeing to being responsible for the provision of whatever access or access improvements Alberta Transportation or the County may require to any Road. Reserves Municipal, School, Municipal and School, Environmental, and Conservation reserves shall be taken at time of Subdivision pursuant to County Policy, to accommodate those Uses provided for in Provincial legislation that are compatible with Adjacent Land Uses. Restricted Uses The Development Authority may restrict, or may subject to special regulations or conditions of approval, Uses that may produce, directly or indirectly, noise, odour, fumes, dust, smoke, unsightly appearance, or other effects that may be detrimental to other Land Uses adjacent or nearby a Designated Non-Residential District. No fur-bearing animals, fowl, or Livestock other than Domestic Pets and horses other than as provided for in the Designated District may be kept on a Lot or Parcel within a Residential District, unless a Permit for a Home Occupation consistent with the provisions of this Bylaw has been issued. Approvals Approval of Development within some District may be required by Provincial Regulation and, if that is the case, issuance of such permit will be a requirement for any Development Permit issued in this District. Sensitive Uses Notwithstanding any other provision of this Bylaw to the contrary, no Dwelling, nor any institutional, public or health service Use, nor any other Use which includes human habitation, either on a temporary or a permanent basis, shall be allowed within 800 m (2625 ft.) of any Landfill, Composting, and Waste (LC-W) District. The Development Authority may require the submission of a storm water management plan acceptable to the County prior to considering any approval of any Development. The Development Authority may require as a condition of the approval of any Development that the Developer provide or agree to being responsible for the provision of whatever storm water management facilities the storm water management plan may recommend. The distances in Table 2 between Industrial Uses and Sensitive Land Uses shall apply. County of Vermilion River 119 Land Use Bylaw 19-02 4.0 General Provisions 4.7 General Development Regulations Table 2. Industrial Uses Separation CATEGORY EFFECTS SCALE PROCESS INTENSITY SEPARATION Industrial, Light Noise: Sound not audible off Property Dust and/or Odour: Infrequent and not intense Vibration: No ground borne vibration on plant Property No outside storage Small scale plant or scale is irrelevant in relation to all other criteria for this Category Self- contained plant or Building that produces and / or stores a packaged product. Low probability of fugitive emissions. Daytime operations only. Infrequent movement of products and/or heavy Trucks Minimum 20 m (66 ft) Industrial, Medium Noise: Sound occasionally audible off Property Dust and/or Odour: Frequent and occasionally intense Vibration: Possible ground- borne vibration, but cannot be perceived off Property Outside storage may be permitted Medium level of production allowed Open process Periodic outputs of minor annoyance Low probability of fugitive emissions Shift operations permitted. Frequent movement of products and/or heavy Trucks with the majority of movements during daytime hours Minimum 70 m (230 ft) Industrial, Heavy Noise: sound frequently audible off Property Dust and/or Odour: Persistent and/or intense Vibration: Ground-borne vibration can frequently be perceived off Property Outside storage of raw and finished products Large production levels Open process Frequent outputs of major annoyance High probability of fugitive emissions Continuous movement of products and employees. Daily shift operations permitted Minimum 300 m (984 ft) County of Vermilion River 120 Land Use Bylaw 19-02 4.0 General Provisions 4.7 General Development Regulations Exceptions Notwithstanding any other provision of this Bylaw to the contrary, Dwellings within non- residential Districts existing as of the date of the approval of this Bylaw may be entirely restored and/or replaced, whether or not they have been damaged by fire or other incident, and whether or not the landowner/Developer merely wishes to replace the Building. Notwithstanding any other provision of this Bylaw to the contrary, no more than 3 Lots for Residential Uses may be allowed on that portion of NW 17-50-2-W4 lying to the south of Highway #16. At the discretion of the Development Authority, the height provisions of these regulations may be waived for church steeples, belfries, towers, cupolas, and similar architectural features; flagstaffs, chimneys, elevator mechanisms and housings, water tanks, stand pipes, and similar utility structures; and radio and television towers and Antennas, and similar telecommunication structures. Residential Development Multi-Lot Development for Country Residential Use shall be prohibited: on Sites where adequate year-round access is not available by either a paved or graveled all-weather Road that meets County Standards. on Sites where necessary services are not provided. Services are to be provided at the sole expense of the Developer. within 30.5 m (100.0 ft.) of a lake, the North Saskatchewan River, or the Battle River. If the Developer disputes the required Setback, the Developer shall provide the Development Authority with a biophysical study, which indicates that an alternative Setback area is appropriate for the subject Site. The Development Authority will then carefully consider the additional information and make a determination regarding the most appropriate Setback area for the Site. In all Residential Districts, residential Development shall not be allowed on land having significant Development Constraints. The following list of Development criteria shall be used in determining the suitability of land for seasonal and permanent residential Development: groundwater of sufficient quantity and quality shall be available to support the proposed Development. No Development shall be permitted in areas where, in the opinion of the Development Authority, reserves of potable water are inadequate. Development shall be prohibited on slopes in excess of 15%, unless a geotechnical report providing assurance of slope stability that was prepared by an engineer registered to practice in the province of Alberta is submitted. County of Vermilion River 121 Land Use Bylaw 19-02 4.0 General Provisions 4.7 General Development Regulations All Development shall be located on Lots or Parcels large enough to support on-site water supply and sewage disposal systems. All Development shall be required to install sewage disposal systems, which have been approved by the authority having jurisdiction. Any proposed facilities, such as change houses, sewage disposal, Garbage disposal, and on-site water supply, shall be required to have approval from authorities having jurisdiction, and shall be sufficient size and quality to handle anticipated Use. The clearing of vegetation shall be minimized and occur only after obtaining a Development Permit. Any Person who proposes to alter the bed or shoreline of a lake must first receive appropriate approvals from provincial authorities. Under provincial law, most Development on the bed or shoreline of a lake (up to the high- water mark) is required to obtain a License of Occupation from provincial authorities prior to Construction. Improvements not requiring a license include minor bank stabilization, erection of a small, removable, seasonal, domestic pier, or placement of a removable boatlift on the lakebed during the summer months. Shoreline alterations involving such things as depositing soil materials within the high-water level of a lake will generally not be permitted. Further information may be obtained from appropriate provincial government agencies. Where there is an approved Site Development Plan or Area Structure Plan, requirements and/or regulations in that Plan will apply. Recreational Development Recreational Development shall be required to: Maintain an Open Space Buffer of sufficient size and composition to act as a visual and noise barrier from adjacent Uses which may be incompatible; and Install, when necessary, adequate on-site water supply and sewage disposal systems which have been approved by the authority having jurisdiction. Additional Information The relevant Authority may require that any proposal for subdivision or development within a Regional Planning Area be accompanied by additional supportive information, prepared by a registered or licensed professional, in order to assess the conformity of a proposed subdivision or development with the appropriate plan before consideration of the subdivision or development shall commence. Further, if a subdivision or development is approved after such supportive information is provided, the relevant Authority shall require that any recommendations of the supportive information be implemented by the landowner/developer and registered against the title of the subject lands, in order to inform future landowners of the engineering requirements for development. Such information may include: either, or both, a flood susceptibility analysis or a bank stability analysis prepared by a registered engineer that assess the suitability of the subject site and the proposed development from the points of view of flood susceptibility and/or bank stability. County of Vermilion River 122 Land Use Bylaw 19-02 4.0 General Provisions 4.7 General Development Regulations a Real Property Report, or other documentation indicating the exact location of all structures on the property (prepared within the last five (5) years, in a form that is acceptable to the Development Authority; a storm water management plan approved by Alberta Environment and Parks, or other appropriate authority; a certified geotechnical report prepared, stamped and signed by a qualified professional registered in the Province of Alberta in potentially hazardous or unstable areas; a certified biophysical assessment prepared, stamped and signed by a professional registered in the Province of Alberta, on the impacts of the proposed development on wildlife habitat or natural environments; a reclamation plan for aggregate extraction or site grading and excavation; an environmental assessment to determine potential contamination and mitigation; in the case of the placement of an already constructed or partially constructed building on a Lot or Parcel of land, information relating to the age and condition of the building and its compatibility with the Designated District in which it is to be located; for subdivisions adjacent to water bodies and watercourses, an engineering and/or geotechnical study to determine an adequate setback based on soil conditions and slope stability prepared, stamped and signed by a registered professional engineer or hydro-geologist, registered in the Province of Alberta. an environmental impact assessment describing a development's potential environmental effects; a cumulative effects assessment prepared, stamped and signed by a professional, registered to practice in the Province of Alberta, describing a development's potential cumulative effects; the identification of all rights-of-way and easements within or abutting the subject property; and/or any additional information as the relevant Authority deems necessary. County of Vermilion River 123 Land Use Bylaw 19-02 4.0 General Provisions 4.8 General Servicing Requirements GENERAL SERVICING REQUIREMENTS All Development within the County shall be provided, at no cost to the County, with sanitary facilities to the satisfaction of all Provincial legislation or regulations. Where any on-site services or improvements, or any off-site local improvements are required to service a proposed Development, a Developer shall not begin the work nor commence the Development until the Development Authority is satisfied that such services or improvements will be undertaken according to the standards and specifications of the County. In order to satisfy the Development Authority, the Developer will be required to enter into a Development agreement with the County as a condition of Development Permit approval. A Development Permit shall not be issued for residential, commercial, industrial or recreational Uses unless the Development Authority is satisfied that water supplies of sufficient quality and quantity are or will be made available to support the proposed Development. No Development Permit shall be considered valid for a Development to be serviced by private sewer and water systems until the systems have been approved by the appropriate agency. All future Development areas must be serviced to the satisfaction of the Development Authority. All infrastructure improvement costs associated with the Development will be borne by the proponent of the Development. When feasible, the County may support the use of reclaimed water to the maximum extent possible in order to supplement existing surface and ground water supplies to help meet water needs. The primary condition on the use of reclaimed water is protection of public health. Reclaimed water systems will constitute a Variance and shall comply with the requirements in Section 2.13 of this Bylaw. In order to apply for a Variance, an alternative solution proposal shall demonstrate an equivalent or greater level of performance as required by the most current Provincial Standards adopted or as amended. Reclaimed Water Systems shall be designed, constructed, and installed in accordance with the most current Provincial Standards adopted or as amended. County of Vermilion River 124 Land Use Bylaw 19-02 4.0 General Provisions 4.9 General Site Development Conditions and Buffering Requirements GENERAL SITE DEVELOPMENT CONDITIONS AND BUFFERING REQUIREMENTS Grading and Drainage At the discretion of the Development Authority, the proponent for a Development may be required to submit a Site drainage plan and/or elevation plan indicating pre- and post- Development flows to ensure that finished grades on the Site prevent drainage from Development to adjacent Sites, except where drainage conforms to a storm water management plan in an approved Site Development Plan or Area Structure Plan. At the discretion of the Development Authority a Storm Water Management Plan must be prepared by a qualified storm water management professional and provided to Development Authority at the time of application for Redesignation, Subdivision, or Development. If a Storm Water Management Plan is not available for an existing Development, it shall be prepared by a qualified storm water management professional on behalf of the Developer, to the satisfaction of the Development Authority and all relevant provincial and federal approving agencies. A Storm Water Management Plan shall include best management practices and may include low impact development strategies and technologies for: retaining storm water on-site on developed lots or within the subdivision, both during and post-construction; treating storm water prior to discharge into water bodies, watercourses, drainage courses, or riparian lands; preventing pollution of water bodies, watercourses, or riparian lands; minimizing or mitigating impacts of storm water runoff on adjacent environmentally sensitive lands and hazardous lands, and which shall be adhered to in all development plans, construction management plans and post-development maintenance plans. In addition to general requirements provided in paragraph 4.9(d) above, a Storm Water Management Plan must include, but is not limited to, the following: a geotechnical investigation to determine soil characteristics and the potential for erosion and bank instability of any receiving water body or watercourse; hydrogeological investigations to determine the recharge/discharge characteristics of groundwater and general flow patterns; inventory of existing natural drainage courses, any overland flow routes and other water bodies; County of Vermilion River 125 Land Use Bylaw 19-02 4.0 General Provisions 4.9 General Site Development Conditions and Buffering Requirements recommendations of best management practices and low impact development initiatives, an implementation plan, and post-development monitoring plan for erosion and sediment control; recommendations and an implementation plan to achieve 25% pervious surfaces in developed areas for each lot and for total subdivision area; recommendations and an implementation plan of naturescaping component for a minimum 25% of all required landscaped areas post development; recommendation of most appropriate streetscapes, storm water retention ponds and landscapes to achieve a no-net increase in volume and rate of flow off-site; recommendations to minimize soil compaction during stripping, grading, servicing and during development; and post-development maintenance plans, including but not limited to action plans, goals and strategies for monitoring, maintaining and funding storm water management facilities and structures, best management practices and low impact development initiatives for post-development conditions. If any Development is damaged or threatened with damage from flooding from a water body, a river, creek or watercourse, the landowner will be entirely responsible for any damage and for any works necessary for protecting the Development from damage. If any Development is damaged or threatened with damage from erosion or the effects of erosion, or from flooding or the effects of flooding, whether or not a Development Permit has been issued in respect of the Development, the landowner will be entirely responsible for any damage and for any works necessary for protecting the Development from damage. The Development Authority will not approve a Development Permit application for the Development or placement of permanent Buildings within the 1:100-year Floodway of any lake, river, creek, watercourse, or water body. Development shall not be permitted on steep slopes (in excess of 15%), on unstable slopes or land characterized by soil instability, or on lands exhibiting evidence of poor drainage or flooding unless it can be demonstrated to the satisfaction of the Development Authority that unique Site requirements warrant otherwise by providing a geotechnical report prepared by a professional engineer registered in the Province of Alberta. Buffering and Setbacks Accessory Buildings for non-Residential Uses in residential areas must be screened by a solid or opaque Fence of not less than 1.8 m (6.0 ft.) in height adjacent to residential Property, or otherwise screened by Landscaping or other architectural features, to the satisfaction of the Development Authority. County of Vermilion River 126 Land Use Bylaw 19-02 4.0 General Provisions 4.9 General Site Development Conditions and Buffering Requirements The Development Authority may prescribe Setback and/or Buffering requirements for Uses, which may be physically or visually incompatible with nearby Land Uses. At the sole discretion of the Development Authority, Buffering in the form of additional Setback, fencing, Berming, Landscaping or the like shall be required as a condition of any non-residential Development in proximity to Residential Uses. The Development Authority, at his sole discretion, shall require provision of Screening for Uses, which involve the Outdoor Storage of goods, machinery, Vehicles, Building Materials, Waste materials, and other similar materials or Uses, as deemed necessary to mitigate potential impacts to adjacent Development or sensitive Uses. In considering the approval of an application, the Development Authority may require the retention of trees or additional planting of such type and extent as considered necessary for the purpose of ensuring Buffering, erosion and/or dust control. The Development Authority shall determine the location of any shelterbelts. No stripping, grading, placing or removal of fill of any kind, whether originating on the site or elsewhere, shall be permitted on or within natural environment features or water resources, or on or within 100 metres of natural environment features and water resources unless authorized or permitted by federal or provincial law. Storage of any deleterious substance as defined in the Fisheries Act (Canada) and the Environmental Protection and Enhancement Act or any substance that may cause pollution as defined is prohibited on or within natural environment features or water resources, or on or within 100 m (328 ft.) of natural environment features, or water resources unless authorized or permitted by federal or provincial law. No outside storage is permitted on or within natural environment features or water resources, or on or within 100 m (328 ft.) of natural environment features or water resources. DEVELOPMENT IN RIPARIAN LANDS Except for maintenance to buildings and structures listed as Permitted Uses within the Designated District, no new development shall be permitted in riparian lands. If development occurs in riparian lands in accordance with the provisions of this Bylaw, the developer shall be required to avoid riparian lands wherever possible, to mitigate the extent of the disturbance on riparian lands when avoidance is not possible, and when avoidance and mitigation are not possible to construct an equivalent riparian facility to replace the riparian land that was destroyed through development. The Development Authority will ensure that the policy of "no net loss" is adhered to for all developments occurring in riparian lands. Restrictions on use County of Vermilion River 127 Land Use Bylaw 19-02 4.0 General Provisions 4.9 General Site Development Conditions and Buffering Requirements Other than uses authorized or permitted by federal or provincial laws, only the following are Permitted Uses in riparian lands: existing uses, buildings, and structures; existing extensive agriculture; existing parks and playgrounds; existing recreational facilities and associated surface parking; areas; existing public and quasi-public utility installations and facilities; existing roads; natural areas; and pathways. DEVELOPMENT IN WETLANDS Restrictions on use Other than uses authorized or permitted by provincial or federal laws, only the following are Permitted Uses in wetlands: 1. existing uses, buildings, and structures; 2. existing extensive agriculture; 3. existing parks and playgrounds; 4. existing public and quasi-public utility installations and facilities; 5. existing roads and pathways; and 6. natural areas. Except for maintenance to buildings and structures listed as Permitted Uses within the Designated District, no new development shall be permitted in wetlands. Notwithstanding, Development in wetlands may be allowed subject to an Environmental Impact Assessment and approval from Alberta Environment and Parks. If development occurs in a wetland in accordance with the provisions of this Bylaw, the developer shall be required to avoid wetlands wherever possible, to mitigate the extent of the disturbance on wetlands when avoidance is not possible, and when County of Vermilion River 128 Land Use Bylaw 19-02 4.0 General Provisions 4.9 General Site Development Conditions and Buffering Requirements avoidance and mitigation are not possible to construct an equivalent wetland facility to replace the wetland that was destroyed through development. The Development Authority will ensure that the policy of "no net loss" is adhered to for all developments occurring in wetlands. DEVELOPMENT IN FLOOD RISK & FLOOD FRINGE AREAS No stripping, grading, placing or removal of fill of any kind, whether originating on the site or elsewhere, shall be permitted within 100 m (328 ft.) of flood risk & flood fringe areas. Storage of any deleterious substance as defined in the Fisheries Act (Canada) and the Environmental Protection and Enhancement Act or any substance that may cause pollution as defined is prohibited within 60 m (197 ft.) of flood risk & flood fringe areas. No development, including but not limited to roads, pathways, or other similar structures and hedging and other similar landscape elements shall be permitted in the flood risk & flood fringe area unless the proposed Development meets the criteria established in an approved Site Development Plan or, at the request of the Development Authority, an Area Structure Plan. The Subdivision Authority may request that an environmental impact assessment and a Flood Risk Management Plan be prepared as a condition of Subdivision. No development will be permitted in the flood risk & flood fringe area if it is determined by a hydraulic engineering study that such development will adversely affect the hydraulic efficiency or capacity of the floodway, or adversely affect existing drainage courses in the flood fringe. No outside storage is permitted in a flood risk & flood fringe area. Restrictions on Use: The following uses are permitted in the floodway: 1. existing uses, buildings, and structures; 2. existing extensive agricultural operations; 3. existing parks and playgrounds; 4. existing recreational facilities and associated surface parking; 5. existing public and quasi-public utility installations and facilities; 6. existing roads and pathways; and 7. natural areas. County of Vermilion River 129 Land Use Bylaw 19-02 4.0 General Provisions 4.9 General Site Development Conditions and Buffering Requirements DEVELOPMENT IN SLOPES The applicant shall submit a topographic and feature survey of the site as part of an application for Redesignation, Subdivision, or Development of lands that contain slopes greater than 15%. The survey shall include: slope analysis with contour intervals of 1 metre; property lines; easements; water bodies or watercourses; ravines, gullies and coulees ; bedrock outcrops; wildlife and feature trees and shrubs; cliffs; and ridgelines. In areas with slopes over 15%, the Development Authority shall establish top of slope bank and toe of slope area in accordance a geotechnical assessment, completed by a qualified geotechnical professional. This information shall be included and mapped on the plan of Subdivision and Development site plans, which includes: an area between the top of the slope bank and the slope stability line or 15 m, whichever is greater; an area between the toe of the slope and the slope stability line or 15 m, whichever is greater; and areas of geotechnical risk, as identified in the geotechnical assessment completed by a qualified geotechnical professional, which require a suitable setback or suitable treatment prior to development. Except as determined by the Development Authority, no development, except for park benches, storm drainage facilities, swales, connective work required for municipal purposes or remedial or restorative work, shall be permitted within a geotechnical risk area. A geotechnical risk area identifies an area that will require a geotechnical assessment prior to consideration of Redesignation, Subdivision, or Development permit applications for lands within 30 m (98 ft.) of the top of slope bank. A detailed County of Vermilion River 130 Land Use Bylaw 19-02 4.0 General Provisions 4.9 General Site Development Conditions and Buffering Requirements geotechnical assessment prepared by a qualified geotechnical professional shall be required in order to: determine slopes in excess of 15%grade. This slope analysis should be provided in increments of 0-5%, greater than 5-10%, greater than 10-15%, greater than 15- 20%, and greater than 20%; demonstrate that the entire slope is stable to a factor of safety (FS) of 1.5 or greater (FS>1.5); identify subsurface soil conditions; identify the slope stability line; identify mitigative measures; and map the top of slope bank and toe of slope as established by the Development Authority. The following minimum setbacks shall be established from the top of the slope bank: Development setback of 30 m (98 ft.); Subdivision property line setback of 24 m (79 ft.); a geotechnical investigation, approved by the Development Authority, is required, if the applicant proposes to vary the established Development and property line setbacks, as outlined in clause 1 and clause 2 above; notwithstanding clause (v) above, Subdivision property lines and developments, including swimming pools, shall not be located within 15 m (49 ft) of the top of the slope bank. The following minimum setbacks shall be established from the toe of slope: a. Development shall be setback 24 m (79 ft.); b. Subdivision property lines shall be setback 15 m (49 ft.); c. a geotechnical investigation, approved by the Development Authority, is required, if the applicant proposes to vary the established development and property line setbacks, as outlined in item 5 above. d. Where a previous developer has submitted a geotechnical assessment, the Development Authority may require the new developer to submit additional geotechnical assessments based upon technical requirements or site conditions. County of Vermilion River 131 Land Use Bylaw 19-02 4.0 General Provisions 4.10 Landscaping LANDSCAPING In all Land Use Districts, except for the purpose of and in connection with Agricultural Operations within the Agriculture (A) District, no Person shall commence or continue the removal of topsoil without first obtaining an approved Development Permit. Development Permit applications for Landscaping shall be accompanied by a Lot or Parcel grading plan, drainage plan and, if applicable, indicate any existing or proposed retaining wall Construction. The Developer shall provide upon Occupancy of the Development, a minimum topsoil coverage of 15.2 cm (6 in.) and the affected area shall be landscaped to meet County Standards, to the satisfaction of the Development Authority. In all districts, 90% of all areas of a Parcel not covered by Buildings, parking or vehicular maneuvering areas shall be landscaped to the satisfaction of the Development Authority. In the case of car washing establishments, Service Stations and gas bars, Landscaping shall be provided and maintained to the satisfaction of the Development Authority. Solid Fences shall be provided at least 1.5 m (4.9 ft.) in height and no higher than 2.1 m (6.9ft.) adjacent to residential areas. In all residential areas, all Off-Street parking shall include a landscaped area. A wall, hedge, or wooden Fence of not less than 1.2 m (3.9 ft.) in height and not more than 2.1 m (6.9 ft.) in height, shall be provided along the side Property Lines and pursuant to the provisions under Section 4.9, all to the satisfaction of the Development Authority. In any residential Land Use District, acceptable Landscaping for the Front Yard shall include manicured lawns, rock gardens, xeriscapes, vegetable gardens and ornamental plants, or a combination thereof, pursuant to County Standards. In any Non-Residential Land Use District, Off-Street parking Lanes shall be landscaped by the planting of trees and/or shrubs in the amount of at least one tree and/or shrub for every 185.8 sq. m (2000 sq. ft.) of Parking Space area. The trees and/or shrubbery shall be of a type and size approved by the Development Authority. Trees/shrubbery required shall be located within the Parking Area in locations where visibility for the safe movement of Persons and traffic is not impaired. All required Landscaping and planting must be carried out to the satisfaction of the Development Authority and within 1 year (weather permitting) of Occupancy or commencement of operation of the proposed Development. As a condition of a Development Permit, the Development Authority may require that the Developer provide a financial guarantee, in a form acceptable to the County of Vermilion River, up to the value of the estimated cost of the proposed Landscaping/planting to ensure that such Landscaping/planting is carried out with reasonable diligence. One of the responsibilities of landowners and/or Occupants in the County of Vermilion River, including Hamlets, is the Landscaping of all Boulevards, Buffer strips, utility Lots, walkways, medians, and public service land from the Property Line to the curb. County of Vermilion River 132 Land Use Bylaw 19-02 4.0 General Provisions 4.11 Objects Prohibited or Restricted in Yards OBJECTS PROHIBITED OR RESTRICTED IN YARDS No Person shall keep or permit to be kept in any part of any Yard located within a Residential District: any dismantled or wrecked Vehicle for more than fourteen (14) consecutive days; any objects or belongings that, in the opinion of the Development Authority, are unsightly or detrimentally may affect the health, safety, repose, amenities, Use, value, or enjoyment of the surrounding lands, in reasonable proximity to the Property or Premises, or is otherwise detrimental to the surrounding area, or presents an 'unsightly condition' as defined by the Municipal Government Act. any Refuse, Excavation, storage, or piling up of materials resulting from the Development of a Property, other than that reasonably necessary to complete the Development, and when applicable in connection with a valid Development Permit issued under this Bylaw and subject to the conditions outlined therein. No surplus Building Materials, Garbage, or Refuse of any kind shall be dumped or stored on any Property except for clay and top soil for the purpose of completing the rough grading and Landscaping of the Property, and when applicable in connection with a valid Development Permit issued under this Bylaw and subject to the conditions outlined therein. No Person shall keep or maintain a Recreational Vehicle in a Front Yard except that a Recreational Vehicle may be maintained in a Front Yard on a hard surfaced (concrete, gravel, or asphalt) driveway or concrete pad. No Person shall keep or permit to be kept in any part of any Yard in a Residential District any more than one (1) Vehicle, loaded or unloaded, of a gross Vehicle weight in excess of 4,800.0 kg (10,560 lbs) for longer than is reasonably necessary to load or unload the Vehicle. Except within CR-A and CR-S Districts, no Person shall keep or permit to be kept in a Yard adjacent to a Dwelling in a Residential District, either: a propane tank that is larger than 68.2 kg (150 lbs.); more than four (4) propane tanks; or any number of propane tanks with a total capacity, which may exceed 68.2 kg (150 lbs.); without first obtaining a Development Permit. Notwithstanding Section 4.11(5) above, on Lots in a Residential District, which are: greater than 1.2 ha (3 ac.) in area; and where the proponent can prove to the satisfaction of the Development Authority that the location and use of the propane tanks meets acceptable fire code and safety standards; County of Vermilion River 133 Land Use Bylaw 19-02 4.0 General Provisions 4.11 Objects Prohibited or Restricted in Yards the Development Authority may, at its sole discretion, allow more than four (4) propane tanks or any number of propane tanks with a capacity, which may exceed 68.2 kg (150 lbs.) to be located on a Lot. Notwithstanding Section 4.11(5) above, in Non-Residential Districts, where the applicant for a Development Permit can prove to the satisfaction of the Development Authority that the location and use of the proposed propane tanks meets acceptable fire code and safety standards as well as emergency response requirements, the Development Authority may, at its sole discretion, allow more than four (4) propane tanks or any number of propane tanks with a total capacity, which may exceed 68.2 kg (150 lbs.) to be located either: within an individual Lot; or within each Recreational Vehicle Stall located in an approved Campground, Recreational Vehicle Park, or Recreational Vehicle Campground whether Seasonal or a Work Camp. All Development Permit applications to allow more than four (4) propane tanks, or any number of propane tanks with a total capacity, which may exceed 68.2 kg (150 lbs.), to be located within individual Stalls, in approved Campground, Recreational Vehicle Park, or Recreational Vehicle Campground whether Seasonal or a Work Camp, will be required to include an Emergency Response Plan, prepared by the Developer, at no cost to the Municipality. The Emergency Response Plan will be circulated to the Municipality's Fire Department for approval prior to issuance of a Development Permit. Development Permits issued for more than four (4) propane tanks or any number of propane tanks with a total capacity, which may exceed 68.2 kg (150 lbs.) will only be granted for a period of one (1) year. If the proponent wishes to extend the Development period, a new Development Permit application must be submitted annually, at least thirty (30) days before the expiration date of the Development Permit for the current period. County of Vermilion River 134 Land Use Bylaw 19-02 4.0 General Provisions 4.12 Other Uses within the Agricultural (A) District Regulations OTHER USES WITHIN THE AGRICULTURAL (A) DISTRICT REGULATIONS Commercial A Development Permit for a Commercial Use within the Agricultural (A) District may be issued if, in the opinion of the Development Authority: it directly serves the agricultural community; and/or it will not conflict with surrounding Land Uses. All Site regulations and Development requirements, including any requirement for Buffers, shall meet the regulations of the Designated District and be based upon the type of Use(s) within the Development proposed at the discretion of the Development Authority. At the time of the Development Permit application, the proponent of a commercial Development shall identify all municipal servicing costs associated with the proposed Development. Industrial The Development Authority may request advisory comment from various departments within the Provincial and Federal Government and/or from the Health Authority, when considering an application for the establishment of a Rural Industrial Use or an Industrial Use in the Agricultural (A) District. All Site regulations and Development requirements, including any requirement for Buffers, shall meet the regulations of the Designated District and be based upon the type of Use(s) within the Development proposed at the discretion of the Development Authority. A Development Permit for an Industrial Use in the Agricultural (A) District may only be issued if, in the opinion of the Development Authority, the applicant can satisfy the Development Authority with respect to any concerns about: the type and level of emissions that may be emitted into the atmosphere by the proposed Development; servicing requirements and provisions for meeting them; and any costs associated with providing new or upgraded municipal services associated with the proposed Development. Residential The Development Authority may request advisory comment from various departments within the Provincial and Federal Government and/or from the Health Authority, when considering an application for the establishment of a Discretionary Residential Use in the Agricultural (A) District. County of Vermilion River 135 Land Use Bylaw 19-02 4.0 General Provisions 4.12 Other Uses within the Agricultural (A) District Regulations All Site regulations and Development requirements, including any requirement for Buffers, shall meet the regulations of the Designated District and be based upon the type of Use(s) within the Development proposed at the discretion of the Development Authority. County of Vermilion River 136 Land Use Bylaw 19-02 4.0 General Provisions 4.13 Other Uses in Non-Residential Districts Regulations OTHER USES IN NON-RESIDENTIAL DISTRICTS REGULATIONS In addition to other applicable provisions in this Bylaw, the standards, requirements, and prohibitions contained in this part shall apply to Property and Development located within areas designated as Non-Residential Districts under this Bylaw; including Overlay Districts. Residential Parcels and Residential Uses within Non-Residential Districts designated under this Bylaw, are subject to the Standards outlined in Section 4.13 of this Bylaw. Exceptions This Section shall not apply to: any Person performing work of an emergency nature for the preservation or protection of life, health or Property, but the onus shall be on the Person performing the work to show that that the work was of an emergency nature; any act of Maintenance or repair being carried out by employees or contractors of or on behalf of the County. any act of emergency Maintenance or repair being carried out by employees or contractors of a private utility; the operation of emergency equipment for any emergency Vehicle; a Peace Officer engaged in performing his duty; the use of Motorized Garden Tools in Residential Districts where the tool is used during the Day-Time; work on a Road, Roadway, or on a Public Utility carried out by the Owner or operator of the Public Utility, or its contractors; Agricultural Operations within the County; or any activity within the sole purview of the Government of Canada or the Province of Alberta. The provisions in this Section shall not be interpreted to prevent legitimate work diligently carried out in accordance with a Development Permit issued by the Development Authority such as: commercial, industrial, Construction, demolition, Renovation, Landscaping, clean-up, storage, or other related activities from being carried out on, or in relation to a Property. The standards, requirements, and prohibitions contained in this Section shall apply to: Non-residential Premises; Vacant Lots; County of Vermilion River 137 Land Use Bylaw 19-02 4.0 General Provisions 4.13 Other Uses in Non-Residential Districts Regulations Buildings, structures, and improvements; and activities. No Person, Partnership, Firm, Company, or Corporation Owner or Occupant of a Property located in a Non-Residential District shall allow a Building, Structure, or Development Owned or occupied by him to become a safety hazard through the presence of Excavations, structures, materials, or any other hazard or condition posing a risk to public safety. No Person, Partnership, Firm, Company, or Corporation Owner or Occupant of a Property located in a Non-Residential District shall allow an Excavation, drain, ditches, or other depression in the ground to become or remain a danger to public safety. Every Partnership, Firm, Company, or Corporation Owner or Occupant of a Property shall ensure the following are maintained in Reasonable State of Repair: foundations; Exterior Walls; Roofs, and eaves; windows, including frames, shutters, and awnings; doors, including frames and awnings; steps and sidewalks; Fences; all fixtures, improvements, Renovations, or additions to any Building, Structure, or Development on the Property or Premises, including, but not limited to: exterior stairs; Parking Areas; signage; lighting; docks; or other similar structures or features. Noise In the operation of or carrying on of an industrial or Construction activity, which is adjacent to a Residential District no Person, Owner, Occupant, Firm, Company, or Corporation shall use, operate or allow to be used or operate any tools, machinery, or equipment so as to create noise or a disturbance, which may be heard in a Residential District during those hours designated as Night-Time hours. County of Vermilion River 138 Land Use Bylaw 19-02 4.0 General Provisions 4.13 Other Uses in Non-Residential Districts Regulations No Liquor or Gambling Establishment shall permit any noise to emanate from the Premises of such Drinking Establishment that disturbs the order and enjoyment of the community outside the Premises of the Drinking Establishment. No Person shall load or unload a Truck or Concrete Mixer within one-hundred and fifty (150) meters (492 ft.) of a Residential District during the Night-Time. Notwithstanding Subsection (c) above, a Person may, at any time, unload a Motor Vehicle containing: fresh fruit, produce, and perishable merchandise including milk, milk products, and baked goods; or daily or weekly newspapers being delivered. Nothing in this Section shall prevent the continual operation or carrying on of an Industrial Activity where the activity is one which: is a Permitted Use; or is an approved Discretionary Use. In the operation or carrying on of an Industrial Activity, the Person operating or carrying on that activity shall make no more noise than is necessary in the normal method of performing or carrying on that activity. Fowl, Rabbits, and Racing or Homing or Fancy Pigeons Keeping or maintaining fowl, rabbits, racing, homing or fancy pigeons on Property or Premises within a Non-Residential District is subject to the requirements outlined herein, and a Development Permit being issued under the Land Use Bylaw in force at the time. No Owner or Occupant of a Property in a Non-Residential District shall, at any given time, keep or maintain more than the number of fowl, rabbits, or racing or homing or fancy pigeons than that approved for in a Development Permit issued. No fowl or rabbits shall be kept or maintained within fifteen (15) meters (50 ft.) of any Building Used for Residential Uses, unless it is indicated otherwise on a Development Permit being issued under the Land Use Bylaw in force at the time. The Owner or Occupant of a Residential Parcel in a Non-Residential District may bring any chickens in temporarily for the purpose of mob grazing. The Owner or Occupant of a Residential Parcel in a Non-Residential District may bring any number of chickens in temporarily on Premises where the fowl, rabbits, or racing, homing, or fancy pigeons are sold in the ordinary and customary course of business, and are not raised, bred, or grown on such Premises. County of Vermilion River 139 Land Use Bylaw 19-02 4.0 General Provisions 4.13 Other Uses in Non-Residential Districts Regulations Beekeeping Keeping or maintaining bees on Property Premises within a Non-Residential District is subject to a Development Permit being issued under the Land Use Bylaw in force at the time and the Bee Act. Beekeepers must register with the Provincial Apiculturist in accordance with the Bee Regulation. County of Vermilion River 140 Land Use Bylaw 19-02 4.0 General Provisions 4.14 Other Uses in Residential Districts Regulations OTHER USES IN RESIDENTIAL DISTRICTS REGULATIONS Parking of Commercial or Heavy Vehicles No Person shall Park or permit any Commercial Vehicle and/or Heavy Vehicle to be Parked, with or without a Trailer attached thereon, on any Highway, Road, or Roadway. Notwithstanding Subsection (a) above, a Person may park or permit a Commercial Vehicle and/or Heavy Vehicle to park, with or without a Trailer attached thereon, upon any Highway, Road, or Roadway for the purpose of delivery or pickup of goods, merchandise, or a commodity during the Day-Time. Residential/Urban Agriculture Provisions under this Section shall be in accordance with federal and provincial legislation provisions, where applicable. Should any provision under this Section is found to conflict with provisions under federal or provincial legislation, the provisions under highest level of regulation shall apply. Urban Agriculture activities within a designated Residential District, where permitted, are subject to a Development Permit being issued under the Land Use Bylaw in force at the time. Horses The provisions under this Section do not apply to Lots or Parcels of more than five (5) acres within areas designated as Non-Residential Districts under the Land Use Bylaw in force at the time. Keeping or maintaining horses on Property or Premises is permitted on a Lot or Parcel provided the Lot or Parcel is no less than two (2) acres. Keeping or maintaining horses on Property or Premises on Lots or Parcels within a Designated Residential District shall be in accordance with the provisions in Section 6.3 of this Bylaw and all Provincial Manure Management Guidelines and Legislation. The Owner or Occupant of a Property in a Country Residential District where horses are permitted under the Land Use Bylaw in force at the time, shall keep them adequately Fenced so as to prevent them from escaping into neighbouring Property or Public Places. The Owner, Rider, or Person responsible for any horse that defecates in a Public Place within a Residential District; or upon Property or upon Premises other than that Owned or occupied by the Owner, Rider, or Person responsible for the horse, shall be subject to the provisions under Section 1.13 of this Bylaw; such action does not constitutes an offence PROVIDED THAT the Owner, Rider, or Person having control of the horse removes the droppings as soon as possible. County of Vermilion River 141 Land Use Bylaw 19-02 4.0 General Provisions 4.14 Other Uses in Residential Districts Regulations No Person shall tether or otherwise leave out any horse for the purpose of depasturing or grazing on a Public Place. Community Gardens Keeping or maintaining a Community Garden on Property Premises within a Residential District is the requirements outlined herein and a Development Permit being issued under the Land Use Bylaw in force at the time. On-site sales may be permitted in Residential Districts one day a week subject to a Development Permit being issued. Where a Development Permit has been issued, on-site sales are subject to the following: 1. On-site sales are limited to the sale of unprocessed, non-value-added products grown on Site; and 2. All sales must be conducted in compliance with laws regulating on-site sales of products grown in the Community Garden. The Community Garden Site shall be designed and maintained to effectively handle all drainage on Site. A minimum one (1) meter (3.5 ft.), clearly marked entrance path shall be provided from the public right-of-way to the garden. A permanent Sign including, but not limited to, the name and contact information of the Person responsible for the garden shall be posted at the primary entry path adjacent to the public right-of-way. The Sign shall comply with the requirements of the Land Use Bylaw in force at the time. Refuse storage areas shall be provided and screened to enclose all Refuse generated from the garden. Refuse areas shall be located as close as practicable to the center of the Property. Refuse shall be removed from the Site at least once a week. Storage areas for tools, fertilizers, equipment, and other material shall be enclosed and located as close as possible to the center of the Property. The following best practice standards shall be used for garden operations: 1. Composting: May be performed on Site. Composting materials shall only be those materials generated on Site. Composting areas shall be located as close as possible to the center of the Property. 2. Water use: Water rates shall apply to Community Gardens. Mulch shall be applied to exposed soils in planting areas. Soil amendments shall include County of Vermilion River 142 Land Use Bylaw 19-02 4.0 General Provisions 4.14 Other Uses in Residential Districts Regulations water retaining matter. Water shall be applied only to the base of plants. All hoses shall be equipped with a trigger nozzle. Watering of plants shall comply with the watering schedule for the community where the Community Garden is located. Hours of operation shall be limited to the hours between sunrise and sunset as set forth by the National Research Council Canada. Fowl, Rabbits, and Racing or Homing or Fancy Pigeons Keeping or maintaining fowl, rabbits, racing, homing or fancy pigeons on Property or Premises within a Residential District, with or without a Community Garden in accordance with paragraph (d) above, is subject to the requirements outlined herein, including sub-paragraph (iii) below, and a Development Permit being issued under the Land Use Bylaw in force at the time. No Owner or Occupant of a Property in a Country Residential District shall, at any given time, keep or maintain more than: 1. Twenty-five fowl and rabbits; or 2. 100 pigeons; or 3. Any combination of 1 and 2 above that exceeds 100. No Owner or Occupant of a Property in a Residential District shall keep Fowl that by noise, odour, flies, insects, or vermin causes or is likely to cause a Nuisance or create a danger to public health. No Owner or Occupant of a Property in a Residential District shall keep or allow to be kept or to remain on any Premises any Fowl except in a coop or otherwise confined within the Property. All Fowl must have access to a properly constructed aviary or coop covered with a rainproof Roof and provided with a floor of concrete, wood, or earth. All food for fowl, rabbits, or racing, homing, or fancy pigeons shall be stored in containers, which offer protection against rodents. All fowl, rabbit, or racing, homing, or fancy pigeon droppings and food scraps shall be properly disposed of at least once a week or more frequently if, in the opinion of the Designated Officer, it is necessary to prevent an unsanitary condition. Any Person who keeps pigeons shall be is a member in good standing of either the Canadian Racing Pigeon Club or the Canadian Pigeon Fanciers Association and shall have his birds banded with a seamless Club or Association band placed on their leg. County of Vermilion River 143 Land Use Bylaw 19-02 4.0 General Provisions 4.14 Other Uses in Residential Districts Regulations The Owner or Occupant of a Property in a Country Residential District may bring any number of chickens in temporarily for the purpose of mob grazing. Keeping or maintaining chickens on Property or Premises designated Parks and Recreation (PR) within a Residential District, with or without a Community Garden in accordance with paragraph (d) above of this bylaw, is subject to a Development Permit being issued under the Land Use Bylaw in force at the time and the following requirements : 1. No rooster shall be permitted on Property or Premises within a Residential District. 2. The number of chickens permitted, and the location of the chicken coop are as follows: a. up to five (5) chickens may be kept on a Premises, provided that the coop is located outside of all required Setbacks as established by the Land Use Bylaw in force at the time; b. up to fifteen (15) chickens may be kept on a Premises, provided that the coop is located outside of all required Setbacks, as established by Land Use Bylaw in force at the time, or 5 meters (15 ft.) from the Property Line, whichever is greater; and c. up to twenty-five (25) chickens may be kept on a Premises, provided that the coop and the enclosure are a minimum of 15 meters (50 ft.) from any structure Used for residential purposes. 3. All chickens shall be housed in coop that is designed to be: a. predator proof; b. thoroughly ventilated; c. watertight; d. easily accessed and cleaned; and e. a minimum of six square feet (6 sq. ft.) of area per chicken. Direct access from the coop to an outdoor enclosure shall be provided with the outdoor enclosure designed to be: a. predator proof; b. easily accessed and cleaned; c. Fenced to contain the chickens; and County of Vermilion River 144 Land Use Bylaw 19-02 4.0 General Provisions 4.14 Other Uses in Residential Districts Regulations d. a minimum of ten square feet (10 sq. ft.) of ground area per chicken. Nothing contained in this section shall be deemed or construed to prohibit the keeping of fowl, rabbits, or racing or homing or fancy pigeons: a. in a coop, box, or run located and kept within a schoolhouse, museum, or zoo for the purpose of study or observation; or b. in a coop, box, or run located and kept within a physician's office or laboratory, for medical research, medical treatment, or scientific purposes. The Owner or Occupant of a Property in a Residential District may sell eggs laid by the chickens permitted under this Section from the residence for which the permit has been issued, provided the permittee complies with all other applicable laws. The sale of such eggs is not considered a Commercial Use or a Home Occupation. Chickens in Residential Districts may not be kept for any type of commercial purposes, including sale or breeding. Hogs, Pigs, and Swine No Person shall bring or maintain any hogs, pigs, or other swine within a Residential District designated under the Land Use Bylaw in force at the time. Micro (Teacup) and potbellied pigs may be permitted in Residential Districts, provided that the animal is appropriately cared for, and that keeping the animal does not pose any environmental concerns or Nuisances in the neighbourhood. No Owner or Occupant of a Property in a Residential District shall, at any given time, keep or maintain more than: Two (2) micro (Teacup) pigs. One (1) potbellied pig. Goats and Sheep Keeping or maintaining goats and sheep on Property Premises within a Residential District, with or without a Community Garden in accordance with Subsection 4.13(2)(d), is subject to a Development Permit being issued under the Land Use Bylaw in force at the time and the requirements outlined herein. The Owner or Occupant of a Property in a Country Residential District may bring any number of goats in temporarily for the purpose of performing brush management. The keeping of miniature goats or sheep on Property Premises within a Residential District, with or without a Community Garden in accordance with Subsection 4.13(2)(d) of this bylaw, is subject to a Development Permit being issued under the County of Vermilion River 145 Land Use Bylaw 19-02 4.0 General Provisions 4.14 Other Uses in Residential Districts Regulations Land Use Bylaw in force at the time and shall be consistent with the following requirements: Miniature goats are those goats commonly known as Pygmy, Dwarf, and Miniature Goats. All miniature goats shall be dehorned. Male miniature goats shall be neutered. The Owner or Occupant of a Property in a Country Residential District shall keep no more than two (2) miniature goats on the Premises, except that offspring may be kept on Site for up to twelve (12) weeks from birth. Miniature goats shall be housed in a Shed designed to be: a. predator proof; b. thoroughly ventilated; c. easily accessed and cleaned; d. watertight and draft free; e. a minimum of ten (10) square feet of interior space; and f. located outside of all required Setbacks as established by the Land Use Bylaw in force at the time. The Owner or Occupant of a Property in a Country Residential District shall keep no more than two (2) sheep on the Premises, except that offspring may be kept on Site for up to twelve (12) weeks from birth. Direct access from the Shed to an outdoor enclosure shall be provided with the outdoor enclosure designed to be: a. secured with a minimum 1.5 meter (5 ft.) tall Fence; b. a minimum area of thirty seven (37) square meters (400 sq. ft.); c. secured from the outside in a manner that prevents the miniature goats from escaping; d. free of objects that would enable the goats to climb out of the enclosure; and e. easily accessed and cleaned. County of Vermilion River 146 Land Use Bylaw 19-02 4.0 General Provisions 4.14 Other Uses in Residential Districts Regulations Goat's or sheep's milk, goat's or sheep's cheese, and other goat or sheep related food products shall be for personal consumption only; sale of such products is prohibited. Beekeeping Keeping or maintaining bees on Property Premises within a Residential District, with or without a Community Garden in accordance with Subsection 9.15.2(a), is subject to a Development Permit being issued under the Land Use Bylaw in force at the time, the requirements outlined herein, and the Bee Act. Beekeepers must register with the Provincial Apiculturist in accordance with the Bee Regulation. In all areas within the District, any Person keeping bees or permitting bees to be kept on their Premises shall ensure that no Nuisance is caused to other Persons by those bees. The Owner or Occupant of a Property with an apiary located on Premises other than where he resides, shall identify such apiary by a Sign prominently displayed on the entrance side of the apiary stating, in black letters not less than one inch in height on a background of contrasting color, the name of the Owner or Person in possession of the apiary, his address and telephone number, or, if he has no telephone, a statement to that effect. An apiary consisting of three or more beehives shall be located no closer than forty (40) meters (131 ft.) from any boundary, roadside, Public Place, or right-of-way. An apiary consisting of two or fewer beehives may be maintained in accordance with the following: 1. the apiary shall be located outside of all required Setbacks as established by Chapter 13, Article 1 of this Code, or fifteen feet from the Property Line and 20 feet from all public rights-of-way, whichever is greater; 2. a minimum 1.8 meters (6 ft.) tall barrier shall surround the beehive leaving sufficient space to properly maintain the beehive except that the barrier shall not be required when the beehive is elevated at least eight feet above grade; 3. the beehive is not visible from the public right-of-way; 4. the beehive is in a location that is secured from unauthorized access; 5. the opening of the beehive faces the most distant Property Line; County of Vermilion River 147 Land Use Bylaw 19-02 4.0 General Provisions 4.14 Other Uses in Residential Districts Regulations 6. the opening of the beehive faces away from entrances and walkways on the Premises to the extent possible while ensuring that the entrance faces the most distant Property Line; 7. the beehive structure is a pale color; and 8. the beehive is re-queened at least once every two years. Location of apiaries within a Residential District area of less than two-thousand (2,000) square meters (21,528 sq. ft.) must comply with the following: 1. hives that are shielded by a Fence or suitably dense vegetation not less than 1.8 meters (6 ft.) high may be located no closer than 3 meters (10 ft.) from a sidewalk, trail, or path; 2. hives that are shielded by a Building, or a Fence or suitably dense vegetation not less than 1.8 meters (6 ft.) high may be located no closer than 10 meters (31 ft.) from a neighbour's principal Building; 3. a shielding plan shall be provided to ensure that the bees' flight path is made to go a minimum of 1.8 meters (6 ft.) high over the adjacent Property, sidewalk, trail, path, or Road. Location of apiaries within a Residential District area of two-thousand (2,000) square meters (21,528 sq. ft.) or greater may be subject to suitable shielding to cause the bees to fly over a Building, or Fence, or suitably dense vegetation, or a combination thereof, not less than 1.8 meters (6 ft.) high across other Residential Parcel adjacent to the hive Site. Non-Residential Uses In all Residential Districts, The Development Authority may request advisory comment from various departments within the Provincial and Federal Government and/or from the Health Authority, when considering an application for the establishment of a non-Residential Use in a Residential District. All Site regulations and Development requirements, including any requirement for Buffers, shall meet the regulations of the Designated District and be based upon the type of Use(s) within the Development proposed at the discretion of the Development Authority. Where there is an approved Site Development Plan or Area Structure Plan, requirements and/or regulations in that Plan will apply. County of Vermilion River 148 Land Use Bylaw 19-02 4.0 General Provisions 4.15 Parking and Loading Regulations PARKING AND LOADING REGULATIONS All Parking Areas shall conform to the minimum parking standards set out in this Section and County Standards. Impact Mitigation In all Districts, all Parking Areas shall provide storm water treatment for Parking Lot runoff using bioretention areas, filter strips, and/or other practices that can be integrated into required Landscaping areas and traffic islands. In all Districts, all Parking Areas shall provide adequate Landscaping and Buffering, pursuant to Sections 4.7, Section 4.9, and Section 4.10 of this Bylaw, to the satisfaction of the Development Authority. Access and Approaches In all Districts, vehicular entrances and exits onto Roads shall only be permitted at locations approved by the Development Authority and in conformity with all relevant County specifications or policies. Permits shall be obtained from Alberta Transportation for all Approaches onto Highways. Sight line calculations shall be in accordance with the Roads and Transportation Association of Canada methods for determining crossing sight distances for Roadways. Sight line protection distances and Setbacks shall meet the minimum requirements, as applicable within this Bylaw. All Off-Street Parking Areas: shall be designed to the satisfaction of the Development Authority with regard to the dimensions, and layout of parking Stalls and maneuvering aisles taking into consideration the specifications contained in this Section and Figure 7; and shall have adequate street access, curbs, and curb cuts (where required) located according to County Standards to the satisfaction of the Development Authority. The use of enclosed drainage curb and gutter systems is discouraged in favor of vegetated swales, where feasible. shall be graded, drained, compacted, and surfaced according to County Standards to the satisfaction of the Development Authority. In all Districts, an Off-Street Parking Space shall be provided in accordance with the minimum requirements of each Use as determined by the Development Authority. In all Districts, dumpsters within multi-lot subdivisions shall be setback 8 meters (25 ft) from the curb and screened in accordance with the provisions of Section 4.9(2)(d). County of Vermilion River 149 Land Use Bylaw 19-02 4.0 General Provisions 4.15 Parking and Loading Regulations Figure 7. Parking Lot Layout Design and Dimensions. County of Vermilion River 150 Land Use Bylaw 19-02 4.0 General Provisions 4.15 Parking and Loading Regulations Required Number of Off-Street Parking Spaces All developed Lots or Parcels are required to provide a minimum number of parking Stalls based on the Use of the Lot or Parcel. In determining the parking requirement for a Lot or Parcel, the Development Authority may consider: if a specific Use is not mentioned below, the requirement shall be the same as for a Similar Use, at the discretion of the Development Authority; and if a Parcel consists of multiple Uses, the required parking shall be the sum of the requirements for each Use, unless it is demonstrated to the satisfaction of the Development Authority that a shared parking facility with a reduced number of spaces will be sufficient. parking requirements may be reduced at the discretion of the Development Authority by providing for combined or shared parking provided that a legal agreement is entered into between the users or Land Owners, and further that the parking arrangements are acceptable to the Development Authority. Other than as noted below, no Parking Space may be located within a required Front Yard. The minimum number of parking Stalls for any Development shall be as follows: Table 3. Parking and Loading Requirements EXISTING OR PROPOSED USE REQUIRED PARKING ADDITIONAL REQUIREMENTS Residential Uses Single-Family Detached (Single-Unit Custom Or Move-In, Manufactured Home Community) 2 spaces per Unit Single-Family Attached (Row Housing, Duplex, Fourplex) 1.5 spaces per Unit Single-Family Semi-Detached (Secondary & Accessory Dwellings, Stacked Housing) Multi-Family (Apartment, Cohousing, Multi-Unit, or Similar) 1 space per Unit 2 spaces per 3 Units County of Vermilion River 151 Land Use Bylaw 19-02 4.0 General Provisions 4.15 Parking and Loading Regulations EXISTING OR PROPOSED USE REQUIRED PARKING ADDITIONAL REQUIREMENTS Special Residential Uses 0.3 Parking Spaces per sleeping room, plus 1 Parking Space per employee on largest shift. Visitors 1 space per 7 Units Hotel or Motel 1.0 Parking Space for each sleeping room up to 250 rooms; 0.75 Parking Spaces for each sleeping room from 251 rooms to 500 rooms; 0.50 Parking Spaces for each sleeping room in excess of 500 rooms. Non-Residential Uses Off-Loading Required Industrial 1.0 space per under five thousand square feet. 2.0 spaces per over five thousand square feet up to twenty-five thousand square feet. 1.0 additional space per each twenty-five thousand square feet or fraction thereof. Multi-tenant or multi-Building 2.5 spaces per one thousand square feet of GFA* of office space; and 1.0 space per five thousand square feet of GFA of warehouse space. Mini-Warehouse Facilities 1.0 space for every 40 storage Units or bays. Commercial 1.0 space per up to thirty thousand square feet. County of Vermilion River 152 Land Use Bylaw 19-02 4.0 General Provisions 4.15 Parking and Loading Regulations EXISTING OR PROPOSED USE REQUIRED PARKING ADDITIONAL REQUIREMENTS 1.0 additional space per each thirty thousand square feet or fraction thereof. Office (Professional & Business Services) 2.5 spaces for every one thousand square feet of GFA or 2.75 for every one thousand square feet of UFA**. Retail Store (Free Standing) (Supermarket, Home Goods, Discount Store, Auto Parts, Building Materials, Office Supplies, Electronics) 4.0 spaces for every one thousand square feet of GFA. Shopping Centre (Neighbourhood) (25,001-100,000 GFA) 4.0 spaces for every one thousand square feet of GFA. Shopping Centre (Community) (100,001-399,999 GFA) 4.0 spaces for every one thousand square feet of GFA. Shopping Centre (Regional) (400,000-1,000,000 GFA) 5.0 spaces for every one thousand square feet of GFA. Restaurant (including outdoor Decks, Patio and/or seating areas, Drive-in) 8.0 spaces for every one thousand square feet of GFA. Bar, Club or Lounge (including outdoor Decks, Patio and/or seating areas) 10.0 spaces for every one thousand square feet of GFA. Auto Sales & Repair 5.0 spaces for every one thousand square feet of GFA. Car Wash (automated) 2.5 spaces for each bay or Stall for stacking space. Car Wash Others: 1.0 space per Stall. County of Vermilion River 153 Land Use Bylaw 19-02 4.0 General Provisions 4.15 Parking and Loading Regulations EXISTING OR PROPOSED USE REQUIRED PARKING ADDITIONAL REQUIREMENTS Service Station 3.0 spaces for each service Stall and 1.0 space for each employee on duty during largest shift. Services Hospital 2.2 spaces for each bed proposed to be constructed. Clinic (Medical Complex) 2.7 spaces for every one thousand square feet of GFA. Funeral Home or Mortuary 0.5 spaces for every chapel. Veterinary Clinic 5.0 spaces for every one thousand square feet of UFA. Nursery School or Day Care Centre 1.0 space for every employee on duty during the largest shift plus 1.0 space for every 10 children in attendance when the facility is operating at maximum capacity. Elementary School 1.5 spaces per 30-Person classroom. Junior High School 3.5 spaces per 30-Person classroom. Senior High School 9.5 spaces per 30-Person classroom. College or University or Trade School 1.0 space for every three employees plus 1.0 space for every 10 students residing on campus and 1.0 space for County of Vermilion River 154 Land Use Bylaw 19-02 4.0 General Provisions 4.15 Parking and Loading Regulations EXISTING OR PROPOSED USE REQUIRED PARKING ADDITIONAL REQUIREMENTS every 5 students not residing on campus. Public Assembly (Theatre, Auditorium, Hall, Sports Complex, Church, Cultural or Recreational) 1.0 space for every five fixed seats in auditorium or sanctuary or, if there are no fixed seats, 1.0 space for every 40 square feet of GFA in the main auditorium or sanctuary. Library 1.2 spaces for every one thousand square feet of GFA. Special Uses Home Occupation Major, Minor At the discretion of the Development Authority Other Uses Not Listed At the discretion of the Development Authority *GFA=gross Floor Area **UFA=usable Floor Area OFF-STREET LOADING FACILITIES Off-Street loading spaces shall be required for all non-residential Developments and Apartments. A loading space shall be designed and located so Vehicles using it can park and maneuver within the Parcel. A loading space shall be at least 4.0 m (13.12 ft.) wide, 8.0 m (26.24 ft.) long, and 4.3 m (14.10 ft.) high. A loading area shall be graded, drained, compacted, and surfaced to the satisfaction of the Development Authority. Loading spaces shall be provided in accordance with the requirements in 4.15(d). County of Vermilion River 155 Land Use Bylaw 19-02 4.0 General Provisions 4.15 Parking and Loading Regulations SHARED PARKING FACILITIES In Districts other than a Residential District, and subject to approval by the Development Authority, required parking for any Development(s) may be provided on a Lot or Parcel other than the Development(s) Site in accordance with the following: the parking, in the opinion of the Development Authority, must be suitable, easily accessible and within a reasonable distance of the associated Development(s). future Use of the Lot or Parcel must be ensured to the satisfaction of the Development Authority. This may be done by a restrictive covenant registered on the title, a suitable bond posted by the Developer(s), or by any other legal method. at the option of the Development Authority, in lieu of Off-Street parking, a Developer shall pay the County to provide equivalent public parking. The Development Authority shall determine the amount of money in lieu of parking, based on current market values, and the money shall be used to provide Off-Street public parking. County of Vermilion River 156 Land Use Bylaw 19-02 4.0 General Provisions 4.16 Projections into Yards PROJECTIONS INTO YARDS Except as provided in this Section, and except for Fences as noted in Section 4.5(12) of this Bylaw, no feature, structure, or portion of a Building shall be located or project into a required Yard. The following features may project into a required Front Yard: eaves, gutters, sills, bay windows, canopies, chimneys, and fire escapes may project a maximum of 0.6 m (2 ft.); steps, unenclosed Decks, and balconies may project a maximum of 2 m (6.6 ft.). The following features may project into a required Side Yard: eaves, gutters, and sills may project a maximum of 0.6 m (2 ft.); in Side Yards not required for vehicular access, bay windows, chimneys, Decks, fire escapes, and steps may project a maximum of 0.6 m (2 ft.). The following features may project into a required Rear Yard: eaves, gutters, sills, bay windows, fire escapes, unenclosed balconies, and chimneys may project a maximum of 1.5 m (5 ft.). Notwithstanding any provision of this Section, no projections shall be permitted into a Yard required to be used as a Parking Space, Vehicle loading and unloading space, driveway, or any maneuvering space for a Vehicle. Notwithstanding any provision of this Section, exterior finishes such as siding, brick, stone, and parging may project a maximum of 150 mm (6 in.) into a required Yard. County of Vermilion River 157 Land Use Bylaw 19-02 4.0 General Provisions 4.17 Protection from Hazard Exposure Regulations PROTECTION FROM HAZARD EXPOSURE REGULATIONS The location of any anhydrous ammonia (AA) or liquefied petroleum gas (LPG) tank with a water capacity exceeding 9082 l (2000 gal.) shall be in accordance with the requirements of the Development Authority, but in no case, be less than a minimum distance of 122 m (400 ft.) from assembly, institutional, commercial or residential Buildings. AA or LPG containers with a water capacity of less than 9082 l (2000 gal.) shall be located in accordance with regulations under the Safety Codes Act. Flammable liquids tanks at bulk plants or Service Stations shall be located in accordance with regulations under the Safety Codes Act. Setbacks from pipelines and other utility corridors shall be at the discretion of the Development Authority and be in accordance with the appropriate Provincial legislation or regulations. Setbacks from the Landfill and Composting (LC) District Notwithstanding any other regulation in this Bylaw to the contrary, no school, hospital, food establishment or residence shall be located within 800 m (2625 ft.) of land within the Landfill and Composting (LC) District. Sour Gas Facilities No Development shall be allowed within 100 m (328 ft.) of a Level 1 sour gas facility (consisting of a well) as determined by Alberta Energy Resources Conservation Board (ERCB). In the case of a Level 2 sour gas facility as determined by the ERCB: no permanent Dwelling shall be allowed within 100 m (328 ft.) of the sour gas facility; and no Institutional Use shall be allowed within 500 m (1640 ft.) of the sour gas facility. In the case of Level 3 sour gas facility as determined by the ERCB: no permanent Dwelling shall be allowed within 100 m (328 ft.) of the sour gas facility; no residential Development with a Density of more than eight (8) Dwelling Units per quarter section shall be allowed within 500 m (1640 ft.) of the sour gas facility; and no Institutional Use shall be allowed within 1500 m (4921 ft.) of the sour gas facility. Pipeline and Utilities Corridor Setbacks Any Development involving pipeline and/or power line rights-of-way shall be sited to comply with all relevant Federal and Provincial legislation and regulations. Setbacks from pipelines and other utility corridors shall be in accordance with appropriate Provincial legislation and regulations and any regulations established by the Alberta Energy Regulator and Alberta Utilities Commission. County of Vermilion River 158 Land Use Bylaw 19-02 4.0 General Provisions 4.18 Residential Conservation and Non-Residential Cluster Development Requirements and Regulations RESIDENTIAL CONSERVATION AND NON- RESIDENTIAL CLUSTER DEVELOPMENT REQUIREMENTS AND REGULATIONS The application requirements in this Section apply to all Residential Conservation or Non-Residential Cluster Developments within all Designated Districts. Residential Conservation or Non-Residential Cluster Development applications that will create more than four (4) titles per quarter section, meaning the title for the quarter + 3 new titles, require the approval of a Site Development Plan, or at the request of the Development Authority an Area Structure Plan, prepared by a Registered Professional Planner (RPP). The Development Authority, at their sole discretion, may require additional supporting information depending on the potential impacts, magnitude, and complexity of the Development proposal. where there is an approved Plan, an amendment of the existing Plan prepared by an RPP shall be required, including designation or redesignation of lands to a Designated District, if applicable. Residential Conservation and Non-Residential Cluster Developments will require preparing a Land Suitability Analysis (LSA), which provides information about the environmental features of the Site both in map form and with some text, describing the features of the map (or maps). The Site design of the Residential Conservation or Non-Residential Cluster Development must reflect the findings of the LSA and be designed to ensure that the Development has a Low Net Environmental Impact and meets the Open Space requirements as defined in this Bylaw. The LSA shall illustrate: Primary Conservation areas; Secondary Conservation areas; Low priority Conservation areas; and Open Space areas; The Land Suitability Analysis may be used to determine primary, secondary, and low priority conservation areas if the Developer applies for Density Bonus. To determine Primary, Secondary and Low Priority Conservation areas, the LSA shall include, at a minimum, the following information: Site and Property boundaries, including the location and percentage of Open Space in the Development; all streams, rivers, lakes, wetlands and other hydrogeological features (including seasonal water flows and ponding areas) within and adjacent to the Site; topographic contours of no less than 3.0 m (9.8 ft.) intervals; County of Vermilion River 159 Land Use Bylaw 19-02 4.0 General Provisions 4.18 Residential Conservation and Non-Residential Cluster Development Requirements and Regulations all environmentally sensitive areas identified by Alberta Environment and Sustainable Resource Development; general vegetation characteristics; soil drainage; soils information including Farmland assessment information and soil suitability for private sewage disposal; existing Roads and Road structures; and potential connections of Open Space, green spaces, and trails. The following are considered Primary Conservation areas, and must be included within Open Space areas: the 1:100-year floodplain; water features and Buffer zones that meet the minimum ER width requirements identified in the Sustainable Resource Development Guidelines for Minimum Environmental Reserve/Easement Width (see Table 6); slopes greater than 15%; populations of endangered or threatened species, or habitat for such species; Hazard Lands and the environmental reserve modifier areas identified in the Sustainable Resource Development Guidelines for Minimum Environmental Reserve/Easement Width (see Table 6); Environmentally Sensitive Areas (ESAs), as identified by Albert Environment and Sustainable Resource Development; and Heritage resources such as municipally, provincially, and nationally identified heritage Sites as well as archaeological Sites, cemeteries, burial grounds and other historically significant Sites. The following are considered Secondary Conservation areas, and may be included within Open Space areas: existing healthy, native forests of at least 0.4 ha (10.0 ac) contiguous area; other significant natural features and scenic view Sheds such as water bodies, ridge lines, peaks and rock outcroppings, particularly those that can be seen from public Roads or public properties; agricultural lands with a Farmland assessment ration of 41% or great of at least 2.0 ha (5.0 ac) contiguous area; and County of Vermilion River 160 Land Use Bylaw 19-02 4.0 General Provisions 4.18 Residential Conservation and Non-Residential Cluster Development Requirements and Regulations existing trails that connect neighbouring areas. All remaining lands will be considered Low Priority Conservation areas. These areas are not required to be included within the Open Space areas. At least 80% of the gross developable area shall be left as Open Space in Residential Conservation Developments and 40% for Non-Residential Cluster Developments. at the discretion of the Development Authority and the Subdivision Authority, this percentage may be reduced based on the results of the biophysical analysis submitted with the application, and may require a request for a Variance subject to the provisions of Section 2.13 of this Bylaw. the Open Space requirement cannot be reduced for applications that do not submit a biophysical analysis for consideration by the Development Authority and the Subdivision Authority. Fulfillment of the biophysical analysis requirement does not guarantee a granting of the reduction in the Open Space requirements for an application. The following Uses are suitable for Open Space areas: conservation of natural, archaeological, or historical resources; conservation of meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented Uses; walking or bicycle trails, provided they are constructed of porous paving and pervious materials; Passive Recreation such as open fields; active recreation; agriculture, horticulture or pasture Uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within Primary Conservation areas; Low-Impact Development infrastructure (structural and non-structural) that allows for filtered groundwater; sewage disposal fields comprised of single or multiple septic tanks; enclosed sewage treatment facilities; and Easements for drainage, access, and underground utility lines. Private recreation facilities shall be encouraged within the Residential Conservation Development area. County of Vermilion River 161 Land Use Bylaw 19-02 4.0 General Provisions 4.18 Residential Conservation and Non-Residential Cluster Development Requirements and Regulations Public recreation facilities (facilities open to the public), which are compatible with the environment and with nearby Uses and Developments, shall be encouraged to develop within Open Space areas. The value of not developable Open Space areas will be reduced for assessment and municipal taxation purposes. Though the form of Ownership of the individual Units may be the normal fee simple Ownership, other forms, including such as co-operatives, Bare Land Condominiums, rental accommodation, societies, joint Ownerships, shall be considered. The form of Ownership, and the implications of the form of Ownership for the management and Maintenance of any services and utilities, shall be identified in the Site Development Plan (SDP) or Area Structure Plan (ASP) for a particular Development. A Site Development Plan (SDP) or an Area Structure Plan (ASP) for Residential Conservation Development shall include an Open Space Management Plan. The Open Space can be managed in a number of ways, including, but not limited to: municipal Ownership (in Municipal and/or Environmental Reserve Parcels); as common Unit (or Units) within a Bare Land Condominium plan; or as a commonly Owned Unit, provided that a conservation Easement is placed on the lands. The Open Space Management Plan will: clearly indicate that the responsibility for maintaining the Open Space and any facilities (e. g., water treatment facilities, recreation facilities and trail networks) located thereon shall be borne by the Owner, including provisions for ongoing Maintenance and contributions to long-term capital improvements. provide a strategy for the enforcement of the Plan. The Plan will also indicate: 1. how funding for the Maintenance and management shall be collected, including any legal instrumentation of such responsibilities and funding. 2. how, if the Maintenance and/or management of the Open Space areas become neglected and/or, if funding provisions cannot be enforced, the County shall assume responsibility for Maintenance and management of the Open Space areas. 3. how the County will invoice the landowners within the Development County for the costs of such Maintenance and management, including administrative costs, interest, and penalties. County of Vermilion River 162 Land Use Bylaw 19-02 4.0 General Provisions 4.18 Residential Conservation and Non-Residential Cluster Development Requirements and Regulations 4. how the landowners within the Development will reimburse the County for the costs of such Maintenance and management, including administrative costs, interest, and penalties. Notwithstanding Section 4.18(14) above, in the event that the party responsible for Maintenance of the Open Space fails to maintain all or any portion in reasonable order and condition, the County may assume the responsibility for Maintenance, enter into the Premises to take corrective action, and invoice the cost to the previously responsible party. The County may also invoice for administrative costs and penalties associated with the Maintenance. The Development Authority may require the Open Space be protected or preserved by having a legally binding instrument, such as a Conservation or Environmental Easement, recorded with the deed. The form of protection and the organization or entity to which the instrument will be registered shall be identified in the Site Development Plan (SDP) or Area Structure Plan (ASP) for a particular Development. The instrument will be registered to one of the following: a land trust or conservation oriented non-profit organization with the legal authority to accept such Easements. The organization shall be bona fide in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer to the County in the event that the organization becomes unable to carry out its functions; or a government entity with an interest in pursuing goals compatible with the purposes of this Section. If the entity accepting the Easements is not the County of Vermilion River, then a third right of enforcement favouring the County shall be included in the Easement. The instrument for permanent protection shall include clear restriction on the Use of Open Space. These restrictions shall include all restrictions included in this Section as well as any further restrictions the applicant chooses to place on the Use of the Open Space. Regarding Residential Conservation Developments The following list of Development criteria shall be used in determining the suitability of land for seasonal or permanent Residential Conservation Development: Groundwater of sufficient quantity and quality shall be available to support the proposed Development. No Development shall be permitted in areas where, in the opinion of the Development Authority, reserves of potable water are inadequate. Development shall be prohibited: on land having critical Development Constraints. on slopes in excess of 15% or unstable slopes subject to soil slippage or other mass movement, unless it meets the requirements in Section 4.7 and Section 4.9, to the satisfaction of a Decision Authority, pursuant to Section 1.11 of this Bylaw. in areas characterized by wetlands, swamps, muskeg, or saturated soils. County of Vermilion River 163 Land Use Bylaw 19-02 4.0 General Provisions 4.18 Residential Conservation and Non-Residential Cluster Development Requirements and Regulations in areas subject to periodic flooding or on soils which become saturated due to flooding. on soils which have extremely fast percolation rates (2 min./1 inch or faster) and/or would promote the possibility of groundwater contamination. on Sites where adequate year-round access is not available by paved Roads in good condition, developed to current County standards. on Sites where necessary services are not provided at the sole expense of the Developer. within 30.0 m (100 ft.) of a lake. The natural topography and vegetation of the Development area shall be conserved wherever possible. No Development shall be permitted on Reserve lands, if the Development does not serve the interests of the general public. Design Standards Developments shall be consistent with the provisions under Section 3.4 of this Bylaw. Developments shall adjoin neighbouring developed areas or previously cleared and/or disturbed areas. Developments will be directed to lands that are identified to be of lesser environmental significance, such as those areas that may be identified as low priority conservation areas. Wildlife corridors or connections between all conservation areas shall be maintained wherever possible. The natural landscape and topography shall be considered and incorporated into the overall design of the Development. All Development shall be required to maintain a Buffer of sufficient size and composition to act as a noise and visual barrier from adjacent incompatible Uses. Spaces for day Use, hiking trails, overnight camping, and similar activities shall be suitably organized and clearly marked. Adequate lake access, boat launching, and parking facilities shall be provided where applicable. The clearing of vegetation shall be minimized to lessen the impact of the Developments on sensitive riparian areas and encourage biodiversity. County of Vermilion River 164 Land Use Bylaw 19-02 4.0 General Provisions 4.18 Residential Conservation and Non-Residential Cluster Development Requirements and Regulations Recreational Amenities Developments shall include a minimum of one (1) minor amenity for the first one to twenty (20) Dwelling Units, and one additional minor amenity for each additional 20 Units. Developments shall include one major amenity when Unit count reaches forty (40) Dwelling Units and shall provide one additional major amenity for each forty (40) additional Units. The amenities shall be cumulative, such that for thirty (30) Dwelling Units one (1) minor and no major amenities shall be required, and for sixty-five (65) Dwelling Units three (3) minor amenities and one (1) major amenity shall be required. The Development Authority, at their sole discretion, may authorize alternative amenities to those listed in Table 4, as determined appropriate given the character of a particular Development. Table 4. Contribution of Amenities Examples. Minor Amenity Major Amenity Open turf playfield (20,000 sq. ft. min.) Tot Lot or play structure Community Garden Covered picnic area Interpretive trail signage Community Building Outdoor art Public plaza or courtyard Street furniture Fenced tennis court Fountain/water feature Soccer, baseball, football or softball field Sand volleyball court Large water feature Half basketball court Trails in Natural Areas Picnic area Servicing Infrastructure All new Developments shall provide and pay for infrastructure and servicing improvements, as well as the extension of services to facilitate the Development, in accordance with the provisions of Section 4.8 of this Bylaw. County of Vermilion River 165 Land Use Bylaw 19-02 4.0 General Provisions 4.18 Residential Conservation and Non-Residential Cluster Development Requirements and Regulations Transportation, communication, and Public Utility Uses shall be considered discretionary. Such Uses shall only be developed in such a manner as shall not adversely affect the environment, surface, or ground water quality, or existing Developments. All Development shall be required to install sewage disposal systems, which have been approved by the authority having jurisdiction. Internal Road access shall be provided to each residential Lot or Parcel, though the Roads may be private in accordance with County Standards. The County will require hard surfaced Roads to be developed to current County standards. Any proposed facilities such as change houses, sewage disposal, Garbage disposal, and on-site water supply shall be required to have approval from authorities having jurisdiction and shall be of sufficient size and quality to handle anticipated Use. Density Bonus The Subdivision Authority and the Development Authority on a Site-by-Site basis shall determine Density Bonusing allowances. Density Bonuses shall be provided for use of superior neighbourhood design standards, additional recreational amenities, and provision of one hundred percent (100%) of the required Inclusionary Housing contribution. At the discretion of the Subdivision and/or Development Authority, up to a total of twenty percent (20%) increase above the base Density may be granted. Density Bonuses shall be rounded down to the nearest whole number. At the discretion of the Development Authority, up to ten percent (10%) increase in Density may be allowed for use of superior neighbourhood design. "Superior neighbourhood design" shall include a minimum of five (5) of the elements listed below: Identifiable neighbourhood centre such as a town square, village green, uniquely designed crossroads, or intersection; Strong pedestrian interconnection, meaning that pedestrian paths, sidewalks and other travel ways provide demonstrably more connectivity for pedestrian and non- motorized travel than the Road network provides for motorized travel; Alley access to more than 75 percent of homes and Garage access required to be provided from the alley; Any front-loaded homes required to have Garages set back a minimum of 10 feet from the front facade of the residence; Prominent front entries utilizing covered front porches combined with front Yard Setbacks not exceeding 15 feet for more than 75 percent of the homes; County of Vermilion River 166 Land Use Bylaw 19-02 4.0 General Provisions 4.18 Residential Conservation and Non-Residential Cluster Development Requirements and Regulations A strongly evident grid street network with minimal use of curvilinear streets and cul- de-sacs; Dedicated public or quasi-public recreation areas including play structures or other public amenities located within 1,000 feet of 90 percent of Dwelling Units; A mix of housing types including three or more of the following: Detached, Semi- Detached, and Attached Single-Family Dwellings; Row and Stacked Row Housing; Secondary Dwelling Units; Duplex; Fourplex; and Cohousing or Cohousing Inspired clusters; A small neighbourhood commercial area (retail and services) designed to provide convenience needs with a clearly pedestrian, non-vehicular design, with no specific retail or service requirements, but permitted to include elements such as a coffee Shop, neighbourhood market, neighbourhood pub, cafe, and service Shops; Any other neo-traditional design element determined by the Development Authority to enhance the quality and character of the neighbourhood; Application of LID (Low-Impact Development) or other environmentally protective techniques for infrastructure Development, which exceed County and provincial standards. A ten percent (10%) increase in Density shall be allowed for use of superior Building design. "Superior Building design" shall include a minimum of three of the elements listed below or designed to achieve LEED® silver or higher standards or other innovative and sustainable Development techniques for Buildings as defined and regulated through enforceable homeowners' association (HOA) community rules contained in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) or registered in each individual Lot or Parcel in the form of a restrictive covenant (RC) in title: Use of a consistent and recognizable architectural style typical of a rural Farming community as defined in the ASP or SDP, and regulated through enforceable CC&Rs or RCs; Use of solar or wind power, geothermal systems, rainwater capture and reuse, or other substantial sustainable Building system features; Minimum of 80 percent of Household fixtures being water-efficient fixtures; Drought-tolerant Landscaping and/or significant retention of native vegetation on individual Building Lots or Parcels; Use of passive solar Construction or other Construction technique to reduce energy use. County of Vermilion River 167 Land Use Bylaw 19-02 4.0 General Provisions 4.18 Residential Conservation and Non-Residential Cluster Development Requirements and Regulations A ten percent (10%) increase in Density shall be allowed for Clustering of structures that increases the Open Space in a residential PUD above what is required in this Section. Critical areas and Buffers shall be included in the overall Open Space considered for this Density Bonus at the discretion of the Development Authority. A 50 percent (50%) to 74 percent (74%) increase in Open Space shall provide a five percent increase in residential Density. A 75 percent (75%) or greater increase in Open Space shall provide a 10 percent increase in residential Density. Base Density is the starting point for determining Density Bonuses in all Residential Conservation Developments. Minimum base Density shall be either: low Density, with a maximum Density 1.54 Dwellings per net ha (0.6 Dwellings per net ac) The Minimum Lot Area is 0.3 ha (0.74 ac.) and the maximum Lot area is 4.04 ha (10.0 ac.); or high Density, with a maximum Density 2.47 Dwellings per net ha (1.0 Dwelling per net ac.). The Minimum Lot Area shall be at the discretion of the Development Authority and the maximum Lot area shall normally be 0.2 ha (0.5 ac.). In order to qualify for this type of residential Development the design of the Development must conform to the requirements for Density Bonus outlined in this Section. The Subdivision Authority and the Development Authority on a Site-by-Site basis shall determine the maximum Density for all Residential Conservation Developments. The maximum residential Density shall be based on: The land suitability assessment (LSA) undertaken for the Site; having regard for Site conditions, environmental considerations and impacts, and other factors that may be considered in the design of the proposal; The maximum number of allowed Dwelling Units will normally be determined by dividing net developable area of the Site by the minimum Residential Parcel size for the Designated District; The net developable area shall be the total gross area of the Site, less the area of: water bodies over 500.0 sq. m (5382.0 sq. ft.) in area or greater; anticipated rights-of-way for Roads and utilities; Conservation Reserve, Environmental Reserve, and/or Environmental Reserve Easement areas (if applicable); and Municipal Reserve areas (if applicable); The suitability and availability of municipal services and infrastructure necessary to support the proposal; and County of Vermilion River 168 Land Use Bylaw 19-02 4.0 General Provisions 4.18 Residential Conservation and Non-Residential Cluster Development Requirements and Regulations The compatibility of the proposed Density with that of the surrounding area and the character of the existing community (if applicable). Regarding Water Bodies Any Person who proposes to alter the bed or shoreline of a water body must first receive appropriate approvals from Provincial authorities. Under Provincial law, most Development on the bed or shoreline of a water body (up to the high-water mark) is required to obtain a License of Occupation from Provincial authorities prior to Construction. Improvements not requiring a license include minor bank stabilization, erection of a small, removable, seasonal, domestic pier, or placement of a removable boatlift on a lakebed during the summer months. Shoreline alterations involving such things as depositing soil materials within the high-water level of a lake will generally not be permitted. Further information may be obtained from appropriate provincial government agencies. County of Vermilion River 169 Land Use Bylaw 19-02 4.0 General Provisions 4.19 Residential Use Multi-Unit Developments RESIDENTIAL USE MULTI-UNIT DEVELOPMENTS In addition to the requirements under Part 2 and Part 3 of this Bylaw, the following requirements apply to all multi-Unit Developments for Residential Use within all Designated Districts: Redesignation to the Land Use District most appropriate for the proposed Use and Development of the lands shall be required as a condition for issuance of a Development Permit. Before any Development Permit application for Residential Multi-Unit Development can be considered by the Development Authority, the applicant must submit: an approved Site Development Plan, or at the request of the Development Authority an Area Structure Plan, prepared by a Registered Professional Planner (RPP). The Development Authority, at their sole discretion, may require additional supporting information for the development of the Plan depending on the potential impacts, magnitude, and complexity of the Development proposal. where there is an approved Plan, an amendment of the existing Plan prepared by an RPP shall be required, including designation or redesignation of lands to a Designated District, if applicable. further to sub-paragraph (i) above, the design plans and working drawings including elevations shall be done or endorsed by a registered architect or professional engineer, as applicable; in addition to other requirements, site plans must show the proposed: 1. location and position of structures on the Site, including any "For Rent" or addressing Signs; 2. location and number of Parking Spaces, exits, accesses and drives from public Roads; 3. location of an access to Refuse storage areas and incinerators and the fencing and Landscaping of such facilities; 4. Landscaping plan of the entire Site, which shall show intended surfacing for drives and Parking Areas; and 5. number and type of Units for Inclusionary Housing contribution. 6. location of Open Space conservation areas. The plans identified above will append the application and, once approved, shall become conditions of approval. At his sole discretion, the Development Authority may require a performance bond from the Developer. County of Vermilion River 170 Land Use Bylaw 19-02 4.0 General Provisions 4.19 Residential Use Multi-Unit Developments Regarding Manufactured Home Communities, in addition to the requirements in Section 4.19(1) above, the following application requirements shall apply: Site Plan All Development Permit applications for a Manufactured Home Community, in addition to the requirements of Section 2.7 of this Bylaw, must include a Site plan showing the following: 1. location and dimensions of Stalls; 2. Internal Roadway systems; 3. parking and storage areas; 4. recreation areas; 5. the location of water supply and sewage disposal facilities, and Garbage collection areas; 6. existing topography, vegetation and watercourses; 7. Common Areas and facilities; and 8. Uses of land on surrounding properties. Parking and Storage a minimum of one (1) Parking Space shall be provided on each Manufactured Home Stall. each Manufactured Home Park shall provide a visitors' Parking Area. One (1) space must be provided in this area for every two (2) Manufactured Home Stalls. a central area with 14 m2 (150 sq. ft.) of space for each Manufactured Home must be provided for the storage of Recreational Vehicles, boats, Off-Highway Vehicles, etc. Individual Manufactured Home Owners may construct storage Sheds on their Stalls for outdoor equipment, tools, etc., and may require a request for a Variance subject to the provisions of Section 2.12 of this Bylaw. Garbage and Recycling The Manufactured Home Community operator must provide a central collection area for Garbage and recycling within the park. In addition, the operator is responsible for regularly transferring the Garbage and recycling from the park to a Waste disposal Site. The location of the central collection area must be clearly indicated on the Site plan. County of Vermilion River 171 Land Use Bylaw 19-02 4.0 General Provisions 4.19 Residential Use Multi-Unit Developments Internal Roadways and Pedestrian Access Ways Internal Roadways shall be provided in the Manufactured Home Community to allow access to individual homes and other facilities and shall meet County Standards. 1. a minimum right-of-way of 9 m (30 ft.) is required. 2. Roadways shall be well drained and maintained to the satisfaction of the Development Authority. 3. safe, convenient, all-season pedestrian access ways of at least 1 m (3.3 ft.) in width must be provided between homes, on Roadways and to facilities. Recreation Areas A minimum of ten percent (10%) of the gross Lot area must be developed for safe playgrounds or other Recreational Uses. Landscaping All areas not occupied by Manufactured Homes and their additions, Internal Roads, footpaths, driveways, permanent Buildings, and any other developed facilities, shall be fully landscaped to the satisfaction of the Development Authority. Screen Fences or walls shall be erected where deemed necessary by the Development Authority around laundry Yards, Refuse collection points, and playgrounds. Lighting In Residential Districts, street lighting shall meet County Standards for Residential Use. County of Vermilion River 172 Land Use Bylaw 19-02 4.0 General Provisions 4.20 Secondary Suites and Secondary Dwelling Units SECONDARY SUITES AND SECONDARY DWELLING UNITS The intent of this Section is to: Provide for the incremental Development to the next Density level within Residential Districts that allow for the following Permitted uses: Single Detached Dwelling Units Semi-Detached Dwelling Units Townhouse Dwelling Units Detached Accessory Structure on a same Lot or Parcel as a Single Detached Dwelling, Semi-Detached Dwelling, or Townhouse Dwelling. Maintain the character of single-family neighbourhoods; Ensure that new Units are in harmony with developed neighbourhoods; and Allow Secondary Suites and Secondary Dwelling Units as a Subordinate Use to Single-Unit Dwellings, consistent with provincial regulations and Secondary Suite Standards. The regulations in this Section shall apply but are not limited to the Development of Secondary Suites and Secondary Dwelling Units, and Similar Uses, including Building Conversion and Dwelling Conversion for Residential Uses. A Development Permit is required before Construction of any Use, or Similar Use, within this Section, in all Districts. Redesignation to the Land Use District most appropriate for the proposed Use and Development of the lands shall be required as a condition for issuance of a Development Permit. Within all Districts, in addition to any Designated District requirements, for all Uses and Similar Uses under this Section, the following regulations shall apply: Construction on a Use listed in this Section, or a Similar Use, cannot start until Construction of the Main Building for the Main Use has commenced, subject to the issuance of a valid Development Permit. Issuance of a Use and Occupancy Permit for a Use listed in this Section, or a Similar Use, cannot take place until a Use and Occupancy Permit for the Main Building for the Main Use has been issued, subject to Section 2.17 of this Bylaw. The Development Authority shall review the design of the Secondary Suite or Secondary Dwelling Unit to ensure that the structure is compatible with the Main Dwelling and the neighbourhood. County of Vermilion River 173 Land Use Bylaw 19-02 4.0 General Provisions 4.20 Secondary Suites and Secondary Dwelling Units Minimum Lot Sizes. Shall not exceed the minimum Lot or Parcel size for the Designated District. Parking shall meet the requirements in Section 4.15 of this Bylaw. Servicing shall meet provincial regulations and Secondary Suite Standards. Surveillance Suites The issuance of a Development Permit for a Surveillance Suite, as defined in this Bylaw, shall be in accordance with the following criteria and regulations: A Development Permit for a Surveillance Suite will only be issued where, in the opinion of the Development Authority, the Surveillance Suite is clearly compatible with and subordinate to the Main Use on Site. Moreover, the placement of a Surveillance Suite shall be compatible with all existing Main Uses on adjacent properties and shall not interfere with future Main Uses of adjacent properties. Where a Surveillance Suite is allowed in accordance with this Bylaw, the Development Authority may issue a Development Permit for one Surveillance Suite per Main Use, Lot, or Parcel. Detached Surveillance Suites shall be sited in accordance with siting regulations specified in the Designated District within which the subject Lot or Parcel is located or in accordance with the following requirements, whichever are more stringent: 1. a minimum of 1.8 m (6.0 ft.) from any Buildings; and 2. a minimum of 1.8 m (6.0 ft.) from the rear and side Property Lines; and 3. no closer than the front line of the Main Building to the front Property Line. The maximum Floor Area of any non-Basement Surveillance Suite, as defined in this Bylaw, shall be 50.0 m2 (538.0 sq. ft.). The quality of exterior treatment and design of any Surveillance Suite shall be to the satisfaction of the Development Authority, who shall ensure that the design, character and appearance of any Surveillance Suite is compatible with the Development(s)/Use(s) with which the suite is associated as well as all Development(s)/Use(s) on adjacent properties. Accessory Living Quarters A maximum of one (1) Accessory Living Quarters shall be permitted for each Single-Detached Dwelling. County of Vermilion River 174 Land Use Bylaw 19-02 4.0 General Provisions 4.20 Secondary Suites and Secondary Dwelling Units Accessory Living Quarters are prohibited from being constructed within a Multi-Family or Apartment Dwelling. Accessory Living Quarters shall be a Subordinate Use to a Residential or Country Residential Use, as defined in this Bylaw, and therefore limited to a Site occupied by a Single-Detached Dwelling. The Floor Area of the Accessory Living Quarters shall not exceed 30 percent of the existing living area of the primary Dwelling Unit or 80 m2 (861.1 sq. ft.) in Floor Area on a residential Lot, whichever is less. The minimum Floor Area for Accessory Living Quarters is 30.0 m2 (322.9 sq. ft.). Shared mechanical rooms and Common Areas shall be excluded from the Floor Area calculation of the Accessory Living Quarters. Garage Suites and Backyard Cottages A maximum of one (1) Garage Suite or Backyard Cottage shall be permitted for each Single- Detached Dwelling. A Garage Suite or a Backyard Cottage shall be a Secondary Suite containing a Subordinate Use to a Residential or Country Residential Use, as defined in this Bylaw, and therefore limited to a Site occupied by a Single-Detached Dwelling, and shall not exceed 80.0 m2 (861.1 sq. ft.). The minimum Floor Area for a Garage Suite or Backyard Cottage, whether above or at-grade, is 30.0 m2 (322.9 sq. ft.). The maximum height for Garage Suites or Backyard Cottages, provided that the maximum height of the Accessory Building containing the Subordinate Use is not higher than the height of the Main Building, shall be: at grade: 4.5 m (14.8 ft.) above grade: 5.5 m (18.0 ft.) for suites with a flat Roof, and 7.3 m (24.0 ft.) for suites with a sloped Roof. Shared mechanical rooms and Common Areas shall be excluded from the Floor Area calculation for a Garage Suite or Backyard Cottage. A minimum of three (3) on-site Parking Spaces shall be required for Lots or Parcels with approved Garage Suite or Backyard Cottage Development. Tandem parking may be permitted at the discretion of the Development Authority. Manufactured Homes Before a Development Permit can be issued for a Manufactured Home, the Development Authority shall normally receive verification that the home fully complies with both the CSA County of Vermilion River 175 Land Use Bylaw 19-02 4.0 General Provisions 4.20 Secondary Suites and Secondary Dwelling Units Z240 MH National Manufactured Home Standard and the Alberta Building Code (ABC). If the CSA Z240 sticker or the Alberta Municipal Affairs sticker verifying compliance to the ABC is missing, the Development Authority may require an inspection by an Alberta Safety Codes Officer. Should an inspection by an Alberta Safety Codes officer be required, and should the inspection indicate that upgrades to the Manufactured Home are necessary to bring the home into compliance with the CSA Z240 standard or the ABC, all required upgrades shall be made before the issuance of a Development Permit. In addition to the requirements of paragraphs (a) and (b) above, a Manufactured Home must meet the following aesthetic regulations: the height of the main floor above grade shall be consistent with the height of the main floor of Dwellings in the immediate and general area. the Roof pitch shall be consistent with the Roof pitch of Dwellings in the immediate and general area. exterior finishing materials used on the Roof and Exterior Walls shall be in good condition and consistent with the materials used on Dwellings in the immediate and general area. minimum Roof overhang or eaves should be consistent with the overhang or eaves of Dwellings in the immediate or general area. the design of each Manufactured Home shall ensure the side or end facing the street on which the home fronts contains a prominently placed front door, and windows in quantity and size that are consistent with Dwellings in the immediate area. A Manufactured Home shall be placed on a permanent foundation or base that complies with the Alberta Building Code unless the Manufactured Home is designed to be supported on longitudinal floor beams, in which case an alternate skirted foundation system as described in CSA Z240.10.1 may be employed. the permanent foundation or base or the skirting material utilized on an alternative skirting foundation should be parged in order create the same finished appearance customarily found on concrete Basements of Single-Detached Dwellings in the immediate and general area. the Manufactured Home is to be attached by means of bolting or otherwise to the foundation or base. All accessory structures, such as Patios, porches, additions and skirting, shall be: factory-prefabricated Units or the equivalent thereof, and so designed and erected as to harmonize with the Manufactured Homes, and County of Vermilion River 176 Land Use Bylaw 19-02 4.0 General Provisions 4.20 Secondary Suites and Secondary Dwelling Units considered as part of the Main Building; and erected only after obtaining a Development Permit. The Floor Area of porches and additions shall be proportionate to the Floor Area of the Manufactured Home Unit and the Development Authority, at his sole discretion, shall determine this relationship. No Accessory Building or any Use or Parking Space shall be located in the Front Yard of a Manufactured Home Use, whether located within a Manufactured Home Community or any Residential District. Any furniture, belongings, or seasonally used equipment shall be stored in adequate covered storage or properly screened either individually on the Lot or Parcel or communally, and covered storage shall conform to the Alberta Building Codes (ABC) standards. The following regulations also apply to Manufactured Home Uses located in Multi-Lot Developments for Residential and Country Residential Uses, including Manufactured Home Communities: the hitch and wheels are to be removed from the Manufactured Home. all Manufactured Homes shall be placed on a permanent foundation or base, as per Section 4.20(9)(d) above. the Property is to be grassed and landscaped within one (1) year from the Date of Issue of the Development Permit. Minimum Lot Area and width may be less in the case of existing registered Substandard Lots, at the discretion of the Development Authority. Any required aesthetic upgrades to the Manufactured Home must be completed before the issuance of the Development Permit. The completion of foundation or skirting material must be completed within thirty (30) days of the placement of the Manufactured Home on a Lot or Parcel. County of Vermilion River 177 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations SIGN REGULATIONS No Sign, unless exempted under Section 2.4 of this Bylaw, shall be allowed unless a Development Permit has been issued. Notwithstanding any other provision of this Bylaw to the contrary, except as otherwise indicated in this Section, Off-Site Signs shall be considered to be an Accessory and Discretionary Use in all Non- Residential Districts, and in the Urban Growth Area (UB) District. In addition to the other regulations of this Bylaw, the following additional regulations shall apply to Signs: Limitations Except as provided in Section 2.4 of this Bylaw, no Person shall erect, relocate or structurally alter or enlarge any Sign, including an election Sign, unless he has complied with the requirements of this Section and any other relevant provisions of this Bylaw, and has been issued a Development Permit in respect thereof. The Development Authority may issue a Development Permit for a Sign as part of the Development Permit for the Use or the Building to which the Sign pertains, provided the Development Permit application indicates that there is to be a Sign and provided further that all information requirements for a Development Permit application for a Sign are met to the satisfaction of the Development Authority. Provisions for election Signs and Property for sale or rent Signs are provided in Section 4.21 of this Bylaw. Development Permit Application Requirements for Signs In addition to the requirements of Part 2 of this Bylaw, a Development Permit application for a Sign shall include the following information: Alberta Transportation Roadside Development approval for Signs near primary Highways, including flood lighted and/or digital Signs. written consent from the Property Owner, two copies of colour drawings, drawn to scale, showing the Sign, any structural supports, and the dimensions, thickness, area, and colours, of the Sign, any animation, moving copy, or other moving features of the Sign, if applicable, method of illumination, if applicable, mounting details, County of Vermilion River 178 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations the location and size of all other existing and proposed Signs on the Building façade or Site, mounting heights and clearances to grade, and the amount of projection of the Sign from a Building, if any. All Development Permit applications for Signs shall follow the process outlined in Part 2 of this Bylaw and be subject to appeal, if applicable, in accordance with Part 1 of this Bylaw. General Sign Regulations A Sign shall not be erected, operated, used, or maintained if, in the opinion of the Development Authority: its position, size, shape, colour, format or illumination obstructs the view of, or may be confused with, an official traffic Sign, signal or device or other official Sign, or otherwise poses a potential hazard to traffic, 1. it displays lights, which may be mistaken for the flashing lights customarily associated with danger or with those used by police, fire, or other emergency Vehicles; or 2. it would be situated within the area regulated by Section 4.4 of this Bylaw. A Sign shall be integrated with the Building on which it is to be located and compatible with the general architectural lines and forms of the nearby Buildings or of adjoining Developments. Where possible, Signs shall not cover architectural details such as arches, sills, mouldings, cornices and transom windows. A Sign or Sign structure shall be set back a minimum of 0.5 m (1.6 ft.) from any Property boundary and no part of a Sign may encroach onto an adjacent Lot or a Road or Lane. Except as otherwise specified in this Bylaw, the maximum area of any Sign shall be 18.0 m2 (193.6 sq. ft.). At the discretion of the Development Authority a maximum of five (5) Signs may be allowed on a Lot, including Temporary Signs and Portable Signs. Signs will not be allowed on Fences in Residential Districts or Commercial Districts. Care and Maintenance of Signs All Signs shall be maintained in good and safe structural condition and shall be periodically repainted, refurbished, repaired, or resurfaced, as to maintain a good appearance to the satisfaction of the Development Authority. County of Vermilion River 179 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations Where the Development Authority determines that a Sign is abandoned or in an overall state of disrepair they may, by notice in writing to the Owner of the land on which the Sign is located and, if it is indicated on the Sign, the Owner or operator of the Sign, order the Owner of the land and the Owner or operator of the Sign to: remove the Sign and all related structure components within what the Development Authority deems to be a reasonable amount of time, or take such measures as they may specify in the notice to alter and/or refurbish and/or repair the Sign. Failure to remove the Sign or to comply with the measures specified in the notice described in paragraph (b) above, may result in the issuance of a violation ticket as described in this Bylaw. The notice described in paragraph (b) above, shall be considered to be a stop order for the purposes of this Bylaw. County of Vermilion River 180 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations Figure 8a-8b. Types of Signs. Figure 8a Figure 8b County of Vermilion River 181 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations Signs Regulations TYPE ELEMENT REGULATIONS ADDITIONAL PROVISIONS A-Frame Signs (see Figure 8a) General Notwithstanding any other provision of this Bylaw to the contrary, A-Frame Signs shall be allowed only in Commercial Districts. A-Frame Signs are not to be used in conjunction with Projecting Signs at grade level. No more than one (1) A-Frame Sign shall be allowed per business frontage. Location No A-Frame Sign shall be located on a sidewalk in such a manner so as to obstruct pedestrian flow. The area around an A-Frame Sign shall be kept clean. All vegetation shall be cleared away to a distance of at least 1.5 m (4.9 ft.) around the A- Frame Sign. Area The maximum area of each A- Frame Sign face, which is located on a sidewalk shall be 0.7 m2 (7.5 sq. ft.). Figure 8 illustrates area and height requirements for A-Frame Signs. The maximum area of each A- Frame Sign face located in another location, approved by the Development Authority, shall be 1.5 m2 (16.0 sq. ft.) Where the back of an A-Frame Sign is visible, it shall be suitably painted or otherwise covered to present a neat and clean appearance. Angle iron shall not be open to public view unless finished in an aesthetically pleasing manner to the satisfaction of the Development Authority. County of Vermilion River 182 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations TYPE ELEMENT REGULATIONS ADDITIONAL PROVISIONS Height The maximum height of an A- Frame Sign, which is located on a sidewalk shall be 1.0 m (3.3 ft.) The maximum height of an A- Frame Sign placed in other locations shall be 1.8 m (6 ft.), measured perpendicular distance from the ground to the highest point of the Sign when set up. Canopy Signs (see Figure 8a) General These regulations apply where a canopy is constructed solely as a support structure for a Sign. All Canopy Signs shall be erected in such a manner that the structural support elements are designed to appear as an integral part of the overall Sign design and concealed, such that no angle iron bracing, guy wires, or similar support elements are visible from a Road or Lane. Each tenant of a Building shall be allowed one (1) Under- Canopy Sign of no more than 0.5 m2 (5.4 sq. ft.) in area. Area The maximum area of all Canopy Signs on one face of a canopy shall not exceed 50% of the area of the face of the canopy. Height The bottom of the canopy shall be not less than 2.5 m (8.2 ft.) above grade. Unless otherwise approved by the Development Authority, the vertical dimension of the canopy shall not exceed 1.5 m (4.9 ft.) County of Vermilion River 183 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations TYPE ELEMENT REGULATIONS ADDITIONAL PROVISIONS Clearance No part of the canopy shall project over a Road or Lane. Signs suspended under a canopy shall have a vertical clearance of a minimum of 2.5 m (8.2 ft.) from grade. Freestanding Signs (see Figure 8b) General One (1) Freestanding Sign per business frontage may be erected on a Site having a minimum business frontage of 15.0 m (49.2 ft.) at Road level. Notwithstanding (a) above, a maximum of one (1) Freestanding Sign may be allowed per Site except: Additional Signs may be allowed at the discretion of the Development Authority. (i) where a Lot or Parcel is considered by the Development Authority to be a Double Fronting Lot or Parcel, each frontage may have a Freestanding Sign, provided that the Freestanding Signs are at least 90.0 m (295.3 ft.) apart. Area The total Sign Area of all Freestanding Signs on a Site shall not exceed 0.3 m2 (3.2 sq. ft.) in area for each lineal metre of frontage, to a maximum of 8.4 m2 (90 sq. ft.) Height The maximum height of a Freestanding Sign shall be 7.0 m (23.0 ft.). Separation Where a Freestanding Sign and a Projecting Sign are located County of Vermilion River 184 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations TYPE ELEMENT REGULATIONS ADDITIONAL PROVISIONS along the same frontage of a Site, a minimum distance of 10.0 m (32.8 ft.) shall be maintained between the Signs. Setbacks Any support structure for a Freestanding Sign shall be set back a minimum of 0.3 m (1.0 ft.) from any Site line and no part of the Freestanding Sign itself shall encroach onto or overhang an adjacent Site, Road or Lane. Portable Signs (see Figure 8b) General No more than one (1) Portable Sign shall be located on a Site. Notwithstanding (a) above, one (1) Portable Sign may be allowed for each business in a multiple-Occupancy Development provided Notwithstanding any other provision of this Bylaw to the contrary, Portable Signs shall not be allowed in any Residential District. that no Portable Sign is located closer than 15.0 m (49.2 ft.) to another Portable Sign. Area All Portable Signs shall be double-faced. Height All Portable Signs shall exceed a height of 2.5 m (8.2 ft.) above grade. Location Portable Signs shall not be placed on a Site so as to conflict with or take up space for parking, loading, or walkways. Setbacks Any support structure for a Portable Sign shall be set back a minimum of 0.5 m (1.6 ft.) from any Site line and no part of a Portable Sign shall encroach County of Vermilion River 185 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations TYPE ELEMENT REGULATIONS ADDITIONAL PROVISIONS onto or overhang an adjacent Site, Road or Lane. Projecting Signs (see Figure 8a) General No more than one (1) Projecting Sign of 0.5 m2 (5.4 ft2 in size shall be allowed for each frontage of a commercial or Industrial Use. Appearance All Projecting Signs shall be erected in such a manner that the structural support elements are designed to appear as an integral part of the overall Sign design and concealed such that no angle iron bracing, guy wires, or similar support elements are visible from a Road. Clearance No Projecting Sign shall project over another Site, a Road, or a Lane. A Projecting Sign shall have a vertical clearance of a minimum of 3.05 m (10 ft.) from grade. Roof Signs (see Figure 8a) General Roof Signs must be manufactured and erected in such a way that they appear as an architectural feature and they shall be finished in such a manner that the visual appearance from all sides makes them appear to be part of the Building itself. Appearance No supporting structure for a Roof Sign shall be visible to the County of Vermilion River 186 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations TYPE ELEMENT REGULATIONS ADDITIONAL PROVISIONS Setbacks public unless finished in an aesthetically pleasing manner to the satisfaction of the Development Authority. All Roof Signs shall be set back a minimum of 1.0 m (3.3 ft.) from the edge of the Building on which the Roof Sign is located. Wall Signs (see Figure 8a) General The portion of a wall that can be used for or that can be covered by a Wall Sign on the front of a Building shall be the space defined by the following lower and upper limits: in the case of a Sign proposed above the first Storey: the lower limit shall be the lower limit of the lintel or the window head of the first Storey, but in no case lower than 2.4 m (7.9 ft.) above grade; and the upper limit shall be the windowsill of the second Storey or, in the absence of any windows on the second Storey, 0.8 m (31.5 inches) above the floor elevation of the second Storey. in the case of a Sign proposed on a one-Storey Building, the upper limit of the portion shall be either: (i) the roofline of a flat- Roofed Building, or, where there is an County of Vermilion River 187 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations TYPE ELEMENT REGULATIONS ADDITIONAL PROVISIONS existing majority of Wall Signs that exceed the roofline, the upper limit of such existing Wall Signs, or (ii) a maximum of 0.8 m (31.5 inches) above the line of the eaves, if there is a parapet wall, provided that the Sign does not project above the upper edge of the parapet, or (iii) the line of the eaves. Location Notwithstanding the General Provisions above, a Wall Sign may be located: below the area defined in General Provisions, paragraph (a) above, provided: (i) the Sign consists of individual letters, symbols, or logos that are directly attached to the Building face, (ii) the Sign states no more than the name of the Building or the principal tenant of the Building, and the Sign Area does not exceed 20% of the Building face below the area defined in General Provisions, paragraph (a) above. A Wall Sign may be allowed on the side wall of a Building facing a Road where a Development is located on a corner Site provided that the Sign is integrated with the other signage on the Building and is of the same height and width. Any other location for a Wall Sign shall be at the discretion of the Development Authority, who shall have consideration for the aesthetic quality and compatibility of the proposed Wall Sign with adjacent Developments. between the second Storey window lintel and the third Storey windowsill, or, in the case of a two-Storey Building, between the second Storey window lintel and County of Vermilion River 188 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations TYPE ELEMENT REGULATIONS ADDITIONAL PROVISIONS the Roof or parapet, provided: (i) the Sign states no more than the name of the Building or the principal tenant of the Building, and (ii) the Sign Area does not exceed 2.5 m2 (26.9 sq. ft.), or above the third Storey windowsill, provided: (i) the Sign states no more than the name of the Building or principal tenant of the Building, and there is no more than one (1) Sign per Building face above the third Storey. Inflatable Signs (see Figure 8a) General One (1) small Inflatable Sign can be placed on an approved Temporary Sign location, and does not require a Development Permit, provided it is, no larger than 5.5 m2 (59.2 sq. ft.) Larger Inflatable Signs require that a Development Permit be applied for, and approval obtained before installation. One (1) Inflatable Sign may be located on a Site and must be tethered or anchored so that it is touching the ground surface to which it is anchored. Height The maximum height of an Inflatable Sign shall be the allowed height of a Freestanding Sign for the Site. Location An Inflatable Sign can only be located on a Site twice in a calendar year and not for longer than 30 consecutive days. Inflatable Signs cannot be located on the Roof of a structure. County of Vermilion River 189 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations TYPE ELEMENT REGULATIONS ADDITIONAL PROVISIONS Signs in or adjacent to Residential Districts General Except as provided below, no Sign shall be permitted in Residential Districts except for places of worship, schools or other public institutions. When, in the opinion of the Development Authority, a proposed Sign in any District adjacent to a Residential District might be objectionable to a resident in the Residential District, the Development Authority may impose such other requirements as they deem necessary, to protect the amenities of the Residential District. Home Occupations An approved Major Home Occupation may display a Sign, not larger than 0.2 m2 (2 sq. ft.) in the window of the Dwelling. Bed and Breakfast An approved bed and breakfast may display a Sign, not larger than 0.2 m2 (2.0 sq. ft.). If outside, the Sign shall be placed in a location that is satisfactory to the Development Authority. Alternatively, the Sign may be displayed from inside a window of the Dwelling. Multi-Unit or Multi-Lot Developments One (1) Freestanding Sign per Site may be allowed for the purpose of identifying the name of a multi-family Dwelling, a Manufactured Home community, a neighbourhood, County of Vermilion River 190 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations TYPE ELEMENT REGULATIONS ADDITIONAL PROVISIONS or a Subdivision, provided: the Sign Area does not exceed 5.0 m2 (53.8 sq. ft.), the height of the Sign does not exceed 2.0 m (6.6 ft.), and the Sign is not internally illuminated, though it may be lit from the front. Name or number Signs shall have a surface area of no more than 0.3 m2 (3.0 sq. ft.). Lighting When an illuminated Sign is located in a District adjacent to a Residential District, the illumination from that Sign shall be deflected away from the Residential District. Signs Relating to Institutional Uses General In any District where a place of worship or a school or another Institutional Use is allowed, one (1) Sign of not more than 5.0 m2 (53.8 sq. ft.) in area shall be allowed to be erected on the Site occupied by the place of worship, school, or other Institutional Use. County of Vermilion River 191 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations This Page Intentionally Left Blank County of Vermilion River 192 Land Use Bylaw 19-02 4.0 General Provisions 4.21 Sign Regulations County of Vermilion River 196 Land Use Bylaw 19-02 PART 5.0 SPECIAL PROVISIONS 4.0 General Provisions 4.21 Sign Regulations This Page Intentionally Left Blank County of Vermilion River 194 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.1 Applicability APPLICABILITY The provisions under this Part apply within all Land Use Districts except where directed otherwise. County of Vermilion River 195 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.2 Abattoirs ABATTOIRS Abattoirs Facilities for which an approval, a registration, or an authorization is required pursuant to the Agricultural Operations Act are not regulated by this Bylaw rather by that Act and by the relevant agency pursuant to that Act. Please refer to the Agricultural Operations Act and the Regulations under the Agricultural Operations Act for these Developments. Front Setbacks for Manure Storage Facilities shall be as required by the established Right-Of-Way in Sections 4.2 of this Bylaw. All front Setbacks are measured from the Roadway centerline. Other Setbacks shall be as required by the Designated District. Side and Rear Setbacks are measured from Lot or Parcel lines, accordingly. County of Vermilion River 196 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.3 Alternative Energy Systems ALTERNATIVE ENERGY SYSTEMS In addition to all other applicable General and Land Use District Regulations, the following provisions shall apply to Alternative Energy Systems developed within all Land Use Districts in the County of Vermilion River. Permit required. Alternative Energy Systems (AES) shall require a Development Permit to be issued. An application for an AES shall include the following information where applicable: The manufacturers specifications indicating; 1. the system's rated output in kilowatts, 2. safety features and sound characteristics, 3. type of material used in tower, Blade, and/or rotor Construction, 4. CSA or ULC approval, if applicable. Potential for electromagnetic interference; Nature and function of over-speed controls which are provided; Specifications on the foundation and/or anchor design, including location and anchoring of any guy wires; Information demonstrating that the system will be used primarily to reduce on-site consumption of non-renewable energy sources such as electricity; natural gas, propane, or similar; A Site plan indication the location of existing Buildings, improvements, Roads, Lanes, and Public Utilities both on the applicant's Property and all adjacent properties. Use. Ground Mounted Solar Collectors shall be regarded as Accessory Buildings for the purposes of this Bylaw and shall be regulated as such. Land Use. Alternative Energy Systems are a Discretionary Use in all Land Use Districts within the County of Vermilion River. Location. County of Vermilion River 197 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.3 Alternative Energy Systems No aboveground portion of any component of any alternative energy system shall be located in a Front Yard. Regarding Solar Energy Collection Systems: Solar Collectors whether Ground or Roof Mounted shall require a Development Permit to be issued. Solar Collectors may be installed on the Roof of any Building or may be Ground Mounted in a Rear or Side Yard. If a Roof Mounted Solar Collector requires raising of the top of the collector panel for solar alignment, the raised portion of the collector panel shall not project above the highest roofline by more than 0.3 metres (1 ft.). Projections beyond 0.3 metres (1 ft) shall require application for a Variance. Any accessory structure or vegetation on an Abutting Lot or Parcel shall not be located so as to block the Solar Collector's access to solar energy. The portion of a Solar Collector that is protected is the portion which: 1. is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. by a hypothetical 12-foot obstruction located on the Lot Line; and 2. has an area not greater than one-half of the heated Floor Area of the structure, or the largest of the structures, to be served. sub-paragraph (iii) above, does not apply to structure or vegetation existing in an Abutting Lot or Parcel at the time of installation of the Solar Energy Collection System, or the effective date of this Bylaw, whichever is later. Said subjection controls any structure erected on, or vegetation planted in, Abutting Lots or Parcels after the installation of the Solar Energy Collection System. Notwithstanding paragraphs (a) and (b) above, the County shall not be responsible for protecting access to solar energy on private land. Operation Any alternative energy system shall be operated and shielded so as to prevent any electro- magnetic interference. Any system found in violation of this policy shall be required to cease operation until such time as the problem is resolved. Signage Brand names or advertising associated with any alternative energy system or the system's installation shall not be visible from any public area, including Lanes, streets, and Highways. County of Vermilion River 198 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.3 Alternative Energy Systems Screening. All alternative energy system shall be located and screened, to the extent possible, by land forms, natural vegetation, or other Landscaping means consistent with the County's General Municipal Servicing Standards, Section H, and the applicable County's Land Use Bylaw regulations to minimize its visual impact on adjacent Development and public areas. Towers and other supporting structure shall be painted a single, neutral, non-reflective, non-glossy color (e. g., earth tones, grey, black) that, to the extent possible, visually blends the system with the surrounding natural and built environments. Reclamation. Upon abandonment or termination of any alternative energy system's use, the entire facility and all components associated with the system, including towers or support structures, shall be removed and the Site restored to its pre-Construction condition. Compliance. All plumbing, reservoirs, pumps, and other equipment associated with solar or geo-thermal heating or cooling systems shall require plumbing, electrical, and Building permits as required under the Safety Codes Act and must meet all applicable provincial plumbing, electrical, and Building code regulations and any other municipal requirements. Other Agencies. No Alternative Energy System that is tied into a grid shall be installed until evidence has been given that the utility has been informed of the customer's intent to install an interconnected customer-Owner generator. A copy of the letter to the applicant's utility is sufficient. No response or evidence of approval from the utility is required. Off-grid systems and grid-tied systems that are not capable of feeding onto the grid with advanced control grid fault protection and disconnect switches covered under the electrical code shall be exempt from the requirement. Installation. All alternative energy system shall follow best installation practices to ensure quality and safety of installations. GEOTHERMAL SYSTEMS shall be Closed Loop systems. Open Loop systems (pump & dump) are not allowed. must comply with CSA-C448 and subsequent amendments. Exceptions may be allowed, at the discretion of the Development Authority, provided that documented proof be provided that shows that the exception meets or exceeds the CSA-C448 standard. County of Vermilion River 199 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.3 Alternative Energy Systems installations must be stamped by a qualified Professional Engineer registered under the "Engineering, Geological, or Geophysical Professions Act' of the Province of Alberta or have the system and installer certified by the Canadian GeoExchange Coalition (CGC) or other future governing body having jurisdiction within the Province of Alberta. Heat-transfer fluids used within a geothermal system shall be of the most environmentally friendly type available at the time of installation such as propylene glycol. In no case may an ethylene glycol-based fluid be used nor shall any flammable or combustible agent such as methanol, ethanol, natural gas, or propane be used. WIND CONVERSION SYSTEMS (WECS), LARGE In addition to the requirements set forth in Part 2 of this Bylaw, all applications for a Development Permit for a WECS shall be accompanied by: at the discretion of the Development Authority, a public participation summary pursuant to Section 2.133. if applicable, a business registration form; a fully dimensioned and scaled Site plan showing and labeling the information including the location of overhead utilities on or Abutting the subject Site, contours of the land, and access Roads; a visual representation including scale elevations, photographs and/or digital information of the proposed WECS showing Total Height, tower height, rotor diameter, colour, and the landscape; the manufacturer's specifications for the Wind Energy Conversion System, including: 1. the system's rated output in kilowatts, 2. safety features and sound characteristics, and 3. type of material used in tower, place, and/or rotor Construction. an analysis of the potential for noise at: 1. the Site of the installation, 2. the boundary of the Lot containing the Development, and 3. any habitable Dwelling within 2.0 km (1.2 miles) of the subject Site; County of Vermilion River 200 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.3 Alternative Energy Systems any impacts to the local Road system including required Approaches from public Roads having regard to County standards; and a preliminary reclamation/decommissioning plan. When making an application for a Development Permit for a WECS, the Developer shall provide to the Development Authority appropriate reports and/or approvals from the following: Safety Codes Council Transport Canada NavCanada Alberta Culture and Community Spirit Alberta Electrical Systems Operator Alberta Energy & Utilities Board Alberta Environment and Sustainable Resource Development Alberta Health Alberta Tourism, Parks and Recreation Alberta Transportation Prior to making a decision on an application for a Development Permit for a WECS, the Development Authority shall consider input from: any adjacent Municipality should the proposed Development be located within 2 km (1.2 miles) of the Municipality; and landowners within 2 km (1.2 miles) of the proposed Development. In order to obtain input from landowners, the Development Authority shall hold a public meeting after advertising it in accordance with the requirements for Public Hearings in this Bylaw. Should a WEC discontinue producing power for a minimum of two (2) years, the WECS operator shall be required to provide a status report to the Development Authority. The Development Authority may then require that the WECS be decommissioned. Failure to comply with a decommissioning requirement shall be considered to be a breach of this Bylaw, and subject to the enforcement provisions of Section 5.1 of this Bylaw. A WECS shall comply with all the Setbacks related to Roads and Highways that govern the principal Use in the District in which it is located. County of Vermilion River 201 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.3 Alternative Energy Systems Where, in the opinion of the Development Authority, the Setbacks referred to in paragraph (f) above, are not sufficient to reduce the impact of a WECS from a Road or Highway, the Development Authority may increase the required Setback. A WECS shall be located not less than four (4) times the Total Height of the WECS from a Dwelling on another Parcel of Land. A WECS shall be located so that the horizontal distance measured at grade from the outside of the rotor arc to any Lot boundary other than a Road or Highway is at least 7.5 m (24.6 ft.). In the case of WECS, Setbacks may be amended from the minimum Setback requirements in the Land Use District in which the WECS is located depending upon the number of WECS in a group and the proximity of the WECS to any existing Dwelling. The minimum vertical Blade Clearance from grade shall be 7.4 m (24.3 ft.) for a WECS employing a Horizontal Axis Rotor unless otherwise required by the Development Authority. To ensure public safety, the Development Authority may require that: a secure Fence not less than 1.8 m (5.9 ft.) in height with a lockable gate surround a WECS tower if the tower is climbable or subject to vandalism that could threaten tower integrity; no ladder or permanent tower access device be located less than 3.7 m (12.1 ft.) from grade; a locked device be installed on the tower to preclude access to the top of the tower; and such additional safety mechanisms or procedures be provided as the Development Authority may consider reasonable and appropriate. The use of tubular towers, with locked door access, may, at the sole discretion of the Development Authority, make unnecessary the above requirements. All power lines on the Site of a WECS to the power grid or a power substation will be underground except where the Development Authority specifically approves overhead or above grade installations. Unless otherwise required by the Development Authority, a WECS shall be finished in a non- reflective matte and in a colour which minimizes the obtrusive impact of a WECS to the sole requirements of the Development Authority. No lettering, advertising or other symbol shall appear on the towers or Blades. On other parts of the WECS, the only lettering or symbol allowed will be the manufacturer's and/or Owner's County of Vermilion River 202 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.3 Alternative Energy Systems identification or symbol and then, only upon the approval of and at the sole discretion of the Development Authority. The Development Authority may approve a WECS on a case-by-case basis having regard for: information provided in the application; the proximity of the proposed Development to other Land Uses; the cumulative effect of all WECS approved or proposed in the area; underlying utilities; and information received from the circulation of the application and from the public. A letter of credit may be required to address the decommissioning and reclamation of Sites should a location be taken out of service. The amount of security and term will be reviewed on a case-by-case basis to determine reclamation costs. WIND CONVERSION SYSTEMS (WECS), MICRO Notwithstanding any other provision in this Land Use Bylaw, Micro Wind Energy Conversion Systems, which are systems which have a rated capacity of less than 0.5 kW, may only be Roof- mounted or ground-mounted within a Side or Rear Yard. Micro Wind Energy Conversion Systems shall be required to conform to Setback requirements for accessory Buildings. Maximum height shall be the maximum height provisions that apply within the District in which the Micro Wind Energy Conversion System is located. One Micro Wind Energy Conversion System is allowed per Lot. A second system may be permitted at the discretion of the Development Authority if the applicant can demonstrate that there is adequate room on the Site. WIND CONVERSION SYSTEMS (WECS), SMALL Small Wind Energy Conversion Systems shall only be allowed as accessory Developments. For Property sizes between 0.1 ha (0.25 ac.) and 0.2 ha (0.5 ac.) the Wind Turbine Tower Height shall be limited to 25.0 m (82.0 ft.). For Property sizes of 0.2 ha (0.5 ac.) or more, there is no limitation on Wind Turbine Tower Height, subject to the Setback requirements below, and provided that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or any distributor of the system. County of Vermilion River 203 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.3 Alternative Energy Systems The turbine base shall be no closer to the Property Line than the height of the Wind Turbine Tower, and no part of the system structure, including guy wire anchors, may extend closer than 3.0 m (9.8 ft.) to the Property boundaries of the installation Site. Additionally, the outer and innermost guy wires must be marked and clearly visible to a height of 2.0 m (6.6 ft.) above the guy wire anchors. The Development Authority may waive Setback requirements from adjacent properties if such adjacent Property Owner agrees to grant an Easement binding on current and future Owners. The mean value of the sound pressure level from small wind energy systems shall not exceed more than 6 decibels (dBA) above background sound, as measured at the exterior of the closest neighbouring inhabited Dwelling (at the time of installation or during operation), for wind speeds below 10 m per second (22 mph) and except during short-term events such as utility outages and/or severe wind storms. Development Permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, footings, anchoring method and drawn to scale. An engineering analysis of the Wind Turbine Tower showing compliance with the International Building Code and certified by a licensed professional mechanical, structural, or civil engineer shall also be submitted. Documentation of this analysis supplied by the manufacturer shall be accepted. Small wind energy systems must comply with applicable air traffic safety regulations. A statement on compliance by the applicant is sufficient. Transport Canada must be notified of the location (latitude and longitude) and height of all wind turbine installations through the aeronautical clearance application process. Small Wind Turbine Towers shall not be artificially lit except as required by NavCanada. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to existing electrical codes. This information is frequently supplied by the manufacturer. No small wind energy system that is tied into a grid shall be installed until evidence has been given that the utility has been informed of the customer's intent to install an interconnected customer-Owner generator. A copy of a letter to the applicant's utility is sufficient. No response or evidence of approval from the utility is required. Off-grid systems and grid-tied systems that are not capable of feeding onto the grid with advanced control grid fault protection and disconnect switches covered under the electrical code shall be exempt from the requirement. One Small Wind Energy System is allowed per single detached Dwelling on a Lot. County of Vermilion River 204 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.3 Alternative Energy Systems A letter of credit may be required to address the decommissioning and reclamation of Sites should a location be taken out of service. The amount of security and term will be reviewed on a case-by-case basis to determine reclamation costs. County of Vermilion River 205 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.4 Auto Wreckers and Salvage Yards AUTO WRECKERS AND SALVAGE YARDS Notwithstanding any other provisions of this Bylaw, Auto Wreckers and Salvage Yards shall be screened from adjacent properties by a solid perimeter Fence of at least 2.0 m (6.5 ft.) in height, and not more than 5.0 (16.25 ft.), with no material piled higher than the height of the perimeter Fence, and a Setback of 1.5 m (5 ft.), which shall be maintained free of obstructions at all times. the perimeter Fence shall not be located in the required Front Yard. the required Front Yard shall be used for no other purpose than Landscaping and necessary access driveways to the Site. all Landscaping shall meet County Standards to the satisfaction of the Development Authority. Storage of debris, equipment, and other materials shall not be permitted in the perimeter Setback. As a condition of approval for an Auto Wrecker and Salvage Yard, the Development Authority may impose restrictions on: hours of operation; siting of machinery and facilities; and/or any other feature of the Development, so as to mitigate the impact noise on adjacent properties and Developments. No Auto Wrecker or Salvage Yard facility, including the storage and stockpiling of Vehicles, Refuse, or any materials, shall be located so as to cause contamination of adjacent properties or environmental features or natural resources, such as water bodies or agricultural lands. County of Vermilion River 206 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.5 Campgrounds and Campsites CAMPGROUNDS AND CAMPSITES A Site Development Plan, or at the request of the Development Authority an Area Structure Plan, prepared by a Registered Professional Planner (RPP) shall be submitted and approved by the Development Authority prior to submitting a Development Permit application for a Campground proposal that will ultimately exceed twenty (20) Campsites and/or Cabins or is located on a Parcel greater than 2.0 ha (5 ac). The Site Development Plan shall include detailed plans and specifications (e. g., servicing, traffic, environmental considerations, etc.) for the initial stage, as well as any subsequent stages of Development for the entire tract of land. (see Figure 9) A minimum of 10% of the gross Lot area of the Campground shall be set aside for a common recreation area and shall be developed and maintained as a park, playground or other useable Open Space. No portion of any other Use and/or facility shall be included in this area. Campsite and visitor Parking Spaces shall be provided within a Campground area, subject to Section 4.15 of this Bylaw to the satisfaction of the Development Authority. All Campgrounds shall be provided with safe and convenient vehicular access and a second emergency access, and all Roadways within a Campground shall be of a surface and standard acceptable to a Development Officer for the purposes of accommodating emergency, fire and Maintenance Vehicles. Within a Campground Development, the Roadway system will be sensitive to the topography and Site characteristics and shall be visibly "signed" to avoid confusion and minimize hazards. All Campsites shall be accessible by means of an access at least 3.0 m (9.8 ft.) in width where the access is for one-way traffic, or at least 6.0 m (19.7 ft.) in width where the access is for two-way traffic. Trees and natural vegetative cover shall not be removed without an approved Development Permit or Development concept plan. The Development Authority may prevent the removal of trees or shrubs adjacent to environmentally sensitive areas. Any adjoining residential area(s) shall be screened by a solid Fence or year-round vegetation with a minimum height of 2.0 m (6.6 ft.), to the satisfaction of the Development Authority. Fires shall only be permitted in facilities which have been provided for such purpose or where open fires are allowed by the County's fire department. Fireplaces, fire pits, charcoal and other barbeque equipment, wood burning stoves, or any other cooking facilities shall be located, constructed, maintained and used to minimize fire hazard and smoke Nuisance in the Campground and the neighbouring properties. Fire extinguishers capable of dealing with electrical and wood fires shall be kept in all service Buildings. County of Vermilion River 207 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.5 Campgrounds and Campsites A suitable access and egress shall be provided so that every Campground may be readily serviced in emergency situations. Twenty-four (24) hour emergency communication service (e.g. telephones) shall be provided. Pedestrian walkways having a width of not less than 1.2 m (3.9 ft.) shall be provided from Campground Stalls to all service Buildings, facilities, Refuse collection areas and recreation areas. The walkways shall be well drained, well lighted, and the surface shall be constructed to a standard to the satisfaction of the Development Authority. The storage, collection and disposal of solid Waste in Campgrounds shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, or accident or fire hazards. Individual or grouped Refuse containers must be screened to the satisfaction of the Development Authority. Campgrounds with less than twenty (20) Campsites and no permanent Cabins shall be required to provide sewage disposal and water service facilities to the satisfaction of the Development Authority. Campgrounds with more than twenty (20) Campsites and with permanent Cabins shall provide on- site services as follows: A water supply system shall be provided for each Campsite designed to accommodate the Campground user occupying a self-contained Recreational Vehicle or a Cabin and shall be connected to a community water supply system. The water system for a Campground shall be constructed to the satisfaction of the County Engineer and the Development Authority in accordance with all applicable Provincial and County regulations. Alternatively, a Campground may provide one or more easily accessible supply outlets for filling potable water storage tanks. The water supply outlets shall be located within 100.0 m (328.1 ft.) of the Campsites. The water supply outlets shall be constructed to the satisfaction of the County Engineer and the Development Authority in accordance with all applicable Provincial and County regulations. An adequate and safe sewage disposal system shall be provided in a Campground for each Campsite designed to accommodate the Campground user Occupying a self-contained Vehicle or Cabin and shall be connected to a community sewage system and/or sanitary dumping station, to the satisfaction of the Development Authority. The sewage disposal system in a Campground shall be constructed to the satisfaction of the County Engineer and the Development Authority and shall comply with all applicable Provincial and County regulations, and shall be maintained to the standards of the regulatory approvals. A Campground shall be provided with sanitary dumping stations in the ration of one for every one hundred Recreational Vehicle spaces or fractional part thereof. The sanitary dumping stations shall be designed and maintained to County regulations and standards to the satisfaction of the County Engineer and the Development Authority. Each station shall provide a County of Vermilion River 208 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.5 Campgrounds and Campsites water outlet, with the necessary appurtenances connected to the water supply system to permit periodic wash down of the immediate adjacent areas. A Sign shall be posted near the water outlet indicating that this water is for flushing and cleaning purposes only. Sanitary stations shall be separated from any Campsite or Cabin by a distance of not less than 20.0 m (65.6 ft.). In no case shall less than one (1) toilet and lavatory be provided for each sex for every ten (10) Campsites. Campgrounds, containing Campsites, Cabins, Hotels and/or Motels are considered temporary occupancies, and consequently, the maximum Occupancy is two hundred and forty (240) days per calendar year. The minimum size for a tenting Campsite shall be: 7.5 m (24.6 ft.) in width; 18.3 m (60.0 ft.) in depth; and 213 m2 (2292.7 sq. ft.) in area. The minimum size for a Recreation Vehicle/travel Trailer or Cabin Campsite shall be: 10.0 m (32.8 ft.) in width 25.0 m (82 ft.) in depth; and 250 m2 (2691 sq. ft.) in area. A Recreational Vehicle/travel Trailer on a Campsite shall be separated a minimum of 3.0 m (9.8 ft.) from: another Recreational Vehicle/travel Trailer on an adjacent Site; other structures; and an Interior Roadway. All Campsites shall be required to provide an acceptable form of ground cover to prevent erosion. County of Vermilion River 209 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.5 Campgrounds and Campsites Figure 9. Typical Campground/Campsite Layout. County of Vermilion River 210 Land Use Bylaw 19-02 6.0 Land Use Districts Regulations 5.6 Confined Feeding Operations and Manure Storage Facilities County of Vermilion River 214 Land Use Bylaw 19-02 CONFINED FEEDING OPERATIONS AND MANURE STORAGE FACILITIES Confined Feeding Operations and Manure Storage Facilities for which an approval, a registration, or an authorization is required pursuant to the Agricultural Operations Act are not regulated by this Bylaw rather by that Act and by the Natural Resources Conservation Board pursuant to that Act. Please refer to the Agricultural Operations Act and the Regulations under the Agricultural Operations Act for these Developments. Front Setbacks for Manure Storage Facilities shall be as required by the established Right-Of-Way in Sections 4.2 of this Bylaw. All front Setbacks are measured from the Roadway centerline. Other Setbacks shall be as required by the Designated District. Side and Rear Setbacks are measured from Lot or Parcel lines, accordingly. 6.0 Land Use Districts Regulations 5.7 Compost Facilities and Landfills County of Vermilion River 215 Land Use Bylaw 19-02 COMPOST FACILITIES AND LANDFILLS All relevant provincial authorizations shall be in place prior to commencement of operation. Hours of public access and hours of operation for heavy machinery shall be restricted to between 7:00 a.m. and 11:00 p.m. Litter catchment Fences, satisfactory to the Development Authority, shall be placed immediately downwind (from the generally prevailing winds) of any working face to capture litter. Perimeter fencing, consisting of a continuous chain-link Fence or similar material with appropriate gate or gates and satisfactory to the Development Authority, shall be placed around the working area for security purposes. Any gates shall be closed and locked when the compost facility or Landfill is not open to the public. The applicant shall adopt a program satisfactory to the Development Authority to retrieve litter that accumulates on Site or any litter that escapes from the Site. If the working area would be visible from a Road, there must be a visual Buffer satisfactory to the Development Authority between the Road and the working area to reduce visibility. The Buffer may consist of a soil Berm and/or a tree shelterbelt and may be either natural or constructed. The Site shall be manned when open to the public. The applicant shall submit a reclamation and closure plan on terms acceptable to the Development Authority. The Developer shall enter into a Development agreement with the County which, in addition to the matters indicated in Section 655(1)(b) of the Act, shall deal with: routing of any traffic that accesses the Development, Road Maintenance, including dust control, directional signage, and security for the above, and for compliance with the conditions of the Development Permit. Landfills In addition to the requirements of this Section, the Developer of a Landfill shall ensure that Waste deposited in the working area is promptly compacted and covered to minimize odour and to minimize wind blowing litter. Redistricting In addition to the other requirements of this Bylaw, prior to Council approving an amendment to this Bylaw changing land within the County to the LC District, the applicant may be required to submit an Environmental Site Assessment and a hydrogeological report relating to the proposed Use and the environmental conditions of the Site. 6.0 Land Use Districts Regulations 5.8 Day Use and Picnic Areas County of Vermilion River 216 Land Use Bylaw 19-02 DAY USE AND PICNIC AREAS A sufficient number of picnic tables, fire pits and Garbage cans shall be provided to accommodate the design capacity of the Site. Exact numbers of such facilities shall be at the discretion of the Development Authority. Day Use and picnic facilities shall be designed and landscaped in order to minimize disturbance to the natural environment and to protect heavy Use areas from damage. Where the day Use area directly adjoins a residential Development, adequate Screening or fencing, to the satisfaction of the Development Authority, will be required between the Uses. Parking Areas should be physically separated from the rest of the day Use or picnic areas by Landscaping or natural vegetation Buffers. 6.0 Land Use Districts Regulations 5.9 Dwelling and Building Conversion Standards County of Vermilion River 217 Land Use Bylaw 19-02 DWELLING AND BUILDING CONVERSION STANDARDS The standards in this Section shall apply to the Conversion of Dwellings and Buildings located within all Districts. All Dwelling and Building Conversion activities of existing Buildings, including those listed in Section 5.22, being used or to be used for Non-Residential Use(s) or Buildings being used or to be used for Residential Use(s) require that a Development Permit be issued for Discretionary Use, in accordance to the requirements of this Bylaw. A Use and Occupancy Permit, subject to the provisions in Section 2.17 of this Bylaw, is required prior to Occupancy of a Building Conversion. Building Conversion for Residential Uses Dwelling and Building Conversions for Residential Use shall meet all applicable requirements for Residential Construction in accordance to the Alberta Building Code and the Safety Codes Act regulations. Building Conversion of an existing Dwelling or Non-Residential Use Building to accommodate not more than three (3) Households, provided that the exterior design of structure is not changed from the character of a Single-Family Dwelling and further provided that each Dwelling Unit resulting from such conversion, shall comply with all applicable Residential Use regulations for the Designated District in which the Building Conversion Lot or Parcel is located, except where the Building is Non-Conforming with respect to one or more of the minimum requirements in this Bylaw. The gross Floor Area of the Building shall not be increased more than five percent (5%) over that which existed prior to the Building Conversion. 6.0 Land Use Districts Regulations 5.10 Home Occupations County of Vermilion River 218 Land Use Bylaw 19-02 HOME OCCUPATIONS The following regulations shall apply to Home Occupation, Major and Home Occupation, Minor Uses, as defined within this Bylaw, within all Districts that allow for the Use. All Development Permits issued for Home Occupations shall be revocable at any time by the Development Authority, if, in its opinion, the Use is or has become detrimental to the amenities of the neighbourhood in which it is located. A permit issued for a Home Occupation is valid for one year or longer as determined by the Development Authority. It is the obligation of the Developer to seek renewal of a Development Permit prior to the expiry of the time period for which the initial permit was issued. The Development Authority shall consider the renewal on its merits. A stop order may be issued at any time if, in the opinion of the Development Authority, the operator of the Home Occupation has violated any provision of this Bylaw or conditions of the approval of the Development Permit. General Regulations All Home Occupations shall comply with the following requirements: When a Development Permit is issued for a Home Occupation, such permit shall be terminated should the applicant vacate the Property for which the permit has been issued. Home Occupations shall not involve: 1. activities that use or store hazardous material in quantities exceeding those found in a normal Household; or 2. any Use that would, in the opinion of the Development Authority, materially interfere with or affect the Use, enjoyment or value of neighbouring properties. Home Occupations shall not generate Offensive noise, vibrations, smoke, dust, odour, heat, glare, electrical, or radio disturbances, which are detectable beyond the boundary of the Lot or Parcel on which the Home Occupation is located. Notwithstanding the provisions under Section 4.21 of this Bylaw, advertising sings for Home Occupations may be limited in size and number at the discretion of the Development Authority. 6.0 Land Use Districts Regulations 5.10 Home Occupations County of Vermilion River 219 Land Use Bylaw 19-02 The Home Occupation Use shall not involve the display or storage of goods or equipment upon or inside the Premises such that these items are exposed to public view from the exterior. additional Buffering or Screening requirements may be established by the Development Authority, at its sole discretion. Home Occupations shall not generate an increasing demand on one or more utilities (water, sewer, electricity, telephone, Garbage, etc.) such that the combined total consumption for a Dwelling and its Home Occupation substantially exceeds the average for the designated Residential Use within the area. No Home Occupation Use requiring electrical or mechanical equipment shall cause a substantial fire rating change in the structure or the area in which the Home Occupation is located. Within Residential Districts, no more than one (1) Commercial Vehicle, up to the size of a tandem Truck, which is used in conjunction with the Home Occupation, shall be parked or maintained on the Site. The Parking Space for the Commercial Vehicle shall be either within a Garage or adequately screened and sited behind the Main Building to the satisfaction of the Development Authority. Within Non-Residential Districts, not more than four (4) Commercial Vehicles, each with one (1) accessory Trailer, which are used in conjunction with a Major Home Occupation, shall be parked or maintained on the Site. The Parking Space for the Commercial Vehicle shall be either within a Garage or adequately screened and Sited behind the Main Building to the satisfaction of the Development Authority. Minor Home Occupations Additional Regulations In addition to the requirements of Section 5.10(5) above, a Minor Home Occupation shall comply with the following regulations: A Minor Home Occupation shall not Occupy more than 20% of the gross Floor Area or 30 m2 (323 sq. ft.) of the Main Building, whichever is greater. Except where otherwise expressly allowed within this Bylaw, there shall be no outdoor business activity or Outdoor Storage of material or equipment associated with a Minor Home Occupation on the Site. 6.0 Land Use Districts Regulations 5.10 Home Occupations County of Vermilion River 220 Land Use Bylaw 19-02 1. Storage related to a Minor Home Occupation shall be accommodated either within the Dwelling or Accessory Buildings. 2. Storage related to a Minor Home Occupation shall not cause the Minor Home Occupation to exceed the total area established in sub-paragraph (i) above. Up to five (5) business visits per day are allowed. Exterior alterations or additions to accommodate a Minor Home Occupation shall not be allowed. A Minor Home Occupation shall not employ any Person on Site other than the Occupants of the Dwelling. Major Home Occupations Additional Regulations In addition to the requirements of Section 5.10(5) above, a Major Home Occupation shall comply with the following regulations: The number of non-resident employees working on Site shall not exceed two (2). Except where otherwise expressly allowed within this Bylaw, up to ten (10) business visits per day are allowed in the Agricultural (A), Industrial (M), and Business (B) Districts. In all other Non-Residential Districts, up to eight (8) business visits per day are allowed. Any interior or exterior alterations or additions to accommodate a Major Home Occupation require that a Development Permit be issued under the provisions of this Bylaw, and such alterations shall comply with this Bylaw and the Alberta Safety Codes thereunder. Except where otherwise expressly prohibited within this Bylaw, at the sole discretion of the Development Authority, and provided that all other requirements are met, Major Home Occupations may Occupy large, Shop-type Buildings in which Trucks are parked, or contain Uses that under other circumstances would be considered Rural Commercial Uses. Regarding Bed and Breakfast and Guest Ranch Operations Bed and Breakfast Establishment or a Guest Ranch is considered a Major Home Occupation, and shall, in addition to the regulations in Section 5.10(7) above, comply with the following regulations: 6.0 Land Use Districts Regulations 5.10 Home Occupations County of Vermilion River 221 Land Use Bylaw 19-02 A Bed and Breakfast Establishment or Guest Ranch shall not change the principal character or external appearance of the Dwelling containing the Use and shall have a maximum of three (3) guest sleeping Units. Cooking facilities shall not be located within the sleeping Units. All facilities shall meet public health regulations. In addition to any other parking requirements in Section 4.15 of this Bylaw, one (1) additional Off-Street Parking Space shall be provided for each sleeping Unit. A Bed and Breakfast Establishment or Guest Ranch shall be operated by a live-in Owner(s) and no more than two (2) paid assistants. 6.0 Land Use Districts Regulations 5.11 Inclusionary Housing Requirements County of Vermilion River 222 Land Use Bylaw 19-02 INCLUSIONARY HOUSING REQUIREMENTS The purpose of the provisions under this Section is to provide and preserve affordable housing stock within the County by encouraging greater diversity of housing opportunities that meet the needs of a changing and diverse population. Provision of Affordable Housing Units consistent with applicable provincial regulations and the provisions of this Section shall be a condition of approval of Subdivision or Development applications for Multi-Unit Developments within Designated Districts. Where an action of the County increases the value of a residential Property, by permitting higher Density for instance, or reduces an Owner or Developer expense, by granting a waiver or Variance from normal standards, for instance, the County should receive a benefit, such as some type of Affordable Housing, in return. Further, the County should refrain from actions, which increase value, or reduce expenses, unless it does receive such a benefit. Development of on-site Affordable Units for rent or purchase: A one-for-one Density Bonus shall be awarded for construction of on-site Affordable Housing Units. The developer must provide a mix of two and three bedroom Units, with a minimum of fifty- percent (50%) of the Units as three bedroom units and in a combination of Unit types as approved within a Site Development Plan, or at the request of the Development Authority an Area Structure Plan, prepared by a Registered Professional Planner (RPP). Smaller and larger unit sizes shall be provided as an option, based on local housing needs and project character, at the discretion of the Subdivision and/or Development Authority. Inclusionary Housing Units developed as Affordable Housing shall remain affordable for an indefinite period through the controls on rental levels or the resale value as registered in a first right caveat in title, consistent with federal and provincial regulations, as outlined below: Inclusionary Housing Units (which are produced by some form of public assistance as Affordable Housing) rent or sale price must not exceed eighty-five percent (85%) of market value and the Unit must be bought or rented to a household that earns eighty percent (80%) or less of the median income for their household size within the County. Inclusionary Housing Units (which are produced by homeowners as Affordable Housing) rent or sale price must not exceed eighty-five percent (85%) of market value and the Unit must be bought or rented to a household that earns eighty percent (80%) or less of the median income for their household size within the County. Further to Section 5.11(5) above, the ability of target income groups to rent or purchase should primarily determine the appropriate affordability rental levels or resale value and indices of inflation should be only a secondary factor in this determination. 6.0 Land Use Districts Regulations 5.11 Inclusionary Housing Requirements County of Vermilion River 223 Land Use Bylaw 19-02 A Developer may use one of several alternatives for providing Inclusionary Housing Units as Affordable Housing on or off the Site. The following four alternatives are considered equivalent and the listing implies no priority among them. At least ten percent (10%) of the Units in a Lot or Parcel of land or Multi-Unit Development subject to this Bylaw shall be established as Affordable Housing Units in any one or combination of methods provided for below: 5% Low-income Units to be rented by eligible Households; or 15% Low-income Units to be purchased or rented by eligible Households; or 25% Moderate income Units to be purchased or rented by eligible Households; or 40% Middle income Units to be purchased by eligible Households; or After efforts to provide the type of housing Units indicated above have proven fruitless, and subject to the execution of a Development agreement, the County may consider the following: Where no Units have been provided, a one hundred percent (100%) financial contribution made in lieu of providing required Units equal to 3% of market sale price of all Units shall be required. Where less than half of the required Units are provided, a fifty percent (50%) financial contribution made in lieu of providing required Units equal to 1.5% of market sale price of all Units shall be required. Table 5. Affordability Level of 30% of Monthly Income. * Median Income is the combined average Household income for the entire County of Vermilion River. This is a general guide; actual numbers may vary and should be calculated to meet federal or provincial affordability requirements. **High Income is not an actual Affordable Housing category and is used here simply for illustration purposes. Income Level 4-Person Household Affordability Range Extremely Low ͳͲΨǦ͵ͲΨȗ Very Low ͶͲΨǦͷͲΨȗ Low ͸ͲΨǦͺͲΨȗ Moderate ͻͲΨǦͳʹͲΨȗ Middle ͳ͵ͲΨǦͳ͸ͲΨȗ High** Ϊͳ͹ͲΨȗ 6.0 Land Use Districts Regulations 5.12 Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises County of Vermilion River 224 Land Use Bylaw 19-02 LICENSED CANNABIS PRODUCTION AND/OR PROCESSING, STORAGE, OR DISTRIBUTION FACILITY AND/OR PREMISES The purpose of this Section is to provide for desirable compatibility between Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises and surrounding Land Uses. The mitigation of possible adverse impacts shall be addressed using this section. Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises shall comply with all County Land Bylaw and policy requirements and any applicable federal and provincial regulations. No Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be permitted unless all applicable licensing and approvals have been provided for by the provincial and federal governments. Only one (1) Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be permitted on a single title. A Site, Lot or Parcel, Building, or structure established, operated, or maintained as a Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises shall comply with the provisions made for in this Section in addition to any other applicable federal, provincial, and municipal regulations as per Section 1.3 of this Bylaw. Non-compliance to the previous may be abated as provided for in Section 1.13 of this Bylaw. This is not exclusive and shall not prevent the County from exercising any other remedy available under the law, nor shall the provisions of this Section prohibit or restrict other federal or provincial law or County policy to be enacted upon. When provided for within this Bylaw, in addition to the regulations in the Designated District that provides for the Use, the provisions under this Section and Section 4.12 shall apply to all Licensed Cannabis Production and/or Processing, Storage, or Distribution Facilities and/or Premises within the County of Vermilion River. All Development Permit applications for Licensed Cannabis Production and/or Processing, Storage, or Distribution Facilities and/or Premises shall comply with the provisions established in Section 2.7 of this Bylaw. Applicability The provisions under this Section shall apply to: The Use of land, Lot or Parcel and Buildings or structures for the production, storage, and distribution of Cannabis as defined and regulated under the Cannabis Act, as amended or as regulated under any subsequent legislation that may be enacted in substitution. 6.0 Land Use Districts Regulations 5.12 Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises County of Vermilion River 225 Land Use Bylaw 19-02 Buildings or structures and Accessory Uses to Permitted or Discretionary Uses in connection with a Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises. Application Requirements A copy of the submitted license application for the Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be provided to the Development Authority before a Temporary Development Permit in support of an application can be issued. The Development Authority may issue a Temporary Development Permit not to exceed eighteen (18) months for a Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises license application that complies with the provisions of this Bylaw. Should the application period for a Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises license application exceed eighteen (18) months, the Development Authority may, at its sole discretion, extend the Temporary Development Permit, if it is requested by the applicant, to an additional thirty (30) days to a maximum of 2 extensions. A copy of the current license for a Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be provided to the Development Authority before a Development Permit for a Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises can be issued. The Development Permit for a Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be limited as follows: The first Development Permit shall not exceed a 3-year term. Any subsequent Development Permit shall not exceed a 5-year term. Issuance of an Occupancy Permit is required for all structures associated with a Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises. The Development Authority may require an applicant for a Development Permit for a Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises to have any or all of the following information be prepared by a qualified professional and have it included with the application: Waste Management Plan Environmental Assessment 6.0 Land Use Districts Regulations 5.12 Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises County of Vermilion River 226 Land Use Bylaw 19-02 Traffic Impact Assessment Water/Wastewater Report Storm Water Management Plan Any additional study or assessment necessary to address specific concerns at the discretion of the Development Authority. Site Plan Requirements All applications shall include a Site plan. Said Site plan shall be a detailed and scaled drawing, as per the General Municipal Servicing Standards, showing the locations and dimensions of the areas to be used for the sale and storage of Cannabis material and products. Such areas will be referred to as Areas for Cannabis Materials/Products. 1. The areas for the sale and storage of Cannabis material shall be limited to and must conform to the submitted Site plan included in the permit application. Said Site plan will be referred to as the original Site plan. 2. The original Site plan shall not be amended to add additional Areas for Cannabis Materials/Products without the approval of a new application by the Development Authority. a. A copy of the current or amended license for the Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be provided to the Development Authority before a Permit can be issued. Include proposed Landscaping, loading, and Parking Areas. Licensed Cannabis Production and/or Processing, Storage, or Distribution Facilities and/or Premises: shall maintain the neighbourhood characteristics and appearance. shall be designed and located to minimize any impacts on the natural environment. shall have no Outdoor Storage of goods, material, or supplies. shall contain Garbage containers and Waste materials within an enclosed Building. shall secure solid waste material in accordance with applicable provisions under the Cannabis Act, until disposed of or destroyed in accordance with the regulations. shall meet all requirements for said facilities (such as but not limited to security and Premises) as may be required under the Cannabis Act. 6.0 Land Use Districts Regulations 5.12 Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises County of Vermilion River 227 Land Use Bylaw 19-02 shall minimize any exposure or disturbance to the surrounding area including, but not limited to, dust, pollution, noise, odour, or any other related Land Use Nuisance effects. the Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises shall operate in a manner that does not constitute a Nuisance as defined under the Land Use Bylaw or any other bylaw and/or policy approved by the County. Separation Requirements For the purposes of this Section: A Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises Site means the Lot(s) or Parcel(s) on which the Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises is located or is proposed to be located. A School Site, for the purposes of this Section, means the Lot(s) or Parcel(s) on which either a day care or a Public Education Facility is situated, including those wherein "Institutional" is listed as a Permitted Use. A Health Care Facility Parcel means the Lot(s) or Parcel(s) on which either a provincial health care or a public health care facility is situated, including those Lots or Parcels wherein "Public or Semi-Public Use" is listed as a Permitted Use. School Reserve and Municipal School Reserve shall have the meaning given to the in the Municipal Government Act, as amended. A Residential Parcel, for the purposes of this Section, means any Parcel wherein a "Dwelling" is listed as a Permitted Use excepting those wherein a "Dwelling Unit" is listed and described as accessory to a/the Use or accessory to the principal Use. A Place of Public Use means those parts of land, a Building, street, waterway or other location that are accessible or open to Persons under the age of 18 years, whether on a continuous, periodic or occasional basis, and includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational, or other place that is accessible or open to the public on such a basis, including the meaning of Public Place in the Cannabis Act. A Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises Site shall meet the minimum Separation distance of 1,000 m (3,281 ft) between a School Site, Health Care Facility, School Reserve, Municipal School Reserve, another the Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises Site, or any other Place of Public Use usually frequented by Persons under the age of 18 years. 6.0 Land Use Districts Regulations 5.12 Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises County of Vermilion River 228 Land Use Bylaw 19-02 The minimum Separation distance shall be established by measuring the shortest distance between the boundary of the Lot or Parcel containing the School Site, Health Care Facility, School Reserve, Municipal School Reserve, another Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises Site, or any other Place of Public Use and the boundary of the proposed Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises Site. A Licensed Cannabis Production, Processing, Storage, Distribution Facility, Premises Site or any combination thereof shall either meet a minimum Separation distance of 75 m (246 ft.) from a Dwelling, or meet a minimum Separation distance of 100 m (328 ft.) from any Residential Use (as defined by this bylaw) Lot or Parcel boundary when no Dwelling exists within 150 m (492 ft.). The minimum Separation distance shall be established by measuring the shortest distance between the boundary of the Dwelling or Residential Use Lot or Parcel and the boundary of the proposed Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises Site. Development Standards ELEMENT REQUIREMENTS ADDITIONAL PROVISIONS Minimum Lot Area As required by the Development Authority Except where the Lot is subject to: (a) man-made barrier, registered in Land Titles, fragmenting the quarter section, or (b) a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. (c) the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. Maximum Lot Coverage 60% Includes cultivation area (Standard or Micro) and any structures. Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw. Except for provincial Highways, which are subject to Alberta Transportation regulations. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw. Except for an irregular shaped Lot, which shall be ten percent (10%) of the mean Lot Width. 6.0 Land Use Districts Regulations 5.12 Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises County of Vermilion River 229 Land Use Bylaw 19-02 Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw. ELEMENT REQUIREMENTS ADDITIONAL PROVISIONS Maximum Height 10.5 m (34.5 ft.) Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay. (Section 7.2.1 or where a Variance under Section 2.13 has been granted.) Accessory Buildings In accordance with the provisions of Section 4.2 of this Bylaw. A Building or structure used for security purposes for the Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises may be located in the Front Yard and must comply with the required minimum Setbacks. Minimum Planting Setback In accordance with the provisions of Section 4.2 of this Bylaw. Minimum Setback from a Water Body or Water Course As provided for in Table 6. Parking Parking and loading requirements for a Licensed Cannabis Retail Sales Establishment shall be provided in accordance with the provisions of Section 4.15 of this Bylaw, the General Municipal Servicing Standards, and any applicable requirements a under the Gaming, Liquor and Cannabis Act and the Cannabis Act, as amended. Signage Outdoor signage or advertising shall meet requirements under Section 4.21 as well as provincial and federal regulations regarding the Use. Exceptions At the discretion of the Development Authority, the height provisions of these regulations may be waived for church steeples, belfries, towers, cupolas, and similar architectural features; flagstaffs, chimneys, elevator mechanisms and housings, water tanks, standpipes, and similar utility structures; and radio and television towers and Antennas, and similar telecommunication structures. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 5.12 Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises County of Vermilion River 230 Land Use Bylaw 19-02 Additional Regulations A Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be the primary use of the Lot(s) or Parcel(s). Licensed Cannabis Production and/or Processing, Storage, or Distribution Facilities and/or Premises must not operate in conjunction with another Use on the same Lot(s) or Parcel(s). Cannabis Products must not be smoked, vaped, ingested, or otherwise consumed on the Premises of a Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises. Licensed Cannabis Production and/or Processing, Storage, or Distribution Facilities and/or Premises must not permit any Person who is a minor, as defined under the Cannabis Act, or as amended, to enter or be in the Licensed Cannabis Production Facility or Premises. Uses, processes, or equipment Owned or contracted, operating on the Premises shall be limited to those that are not objectionable due to odour, dust, bright lights, smoke, noise, or vibration. The Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises shall meet all requirements for said facilities such as, but not limited to security and Premises, as required under federal and provincial legislation and regulations. All activities related to Licensed Cannabis Production and/or Processing, Storage, or Distribution Facilities and/or Premises shall occur within a fully enclosed stand-alone Building, including but not limited to loading, receiving, and shipping of Cannabis, Cannabis Products, and any other goods, materials, and supplies. A Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises' exterior lighting and noise levels should meet the following: the illumination of Parking Areas, walkways, Signs, and other structures associated with Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be arranged to meet any requirements the Land Use Bylaw or any other bylaw and / or policy approved by the County and any requirements under federal or provincial regulation. noise from facilities shall not exceed that allowed under the Land Use Bylaw or any other bylaw and/or policy approved by the County and any requirements under federal or provincial regulation. Buffers shall be required for all Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises. Buffers can combine Separation, vegetation, and fencing to mitigate the impacts on Farming and adjacent activities, as per Section 4.9. 6.0 Land Use Districts Regulations 5.12 Licensed Cannabis Production and/or Processing, Storage, or Distribution Facility and/or Premises County of Vermilion River 231 Land Use Bylaw 19-02 Nonconforming Status Legal nonconforming status of Buildings and Uses shall not apply to Licensed Cannabis Production Facilities. 6.0 Land Use Districts Regulations 5.13 Licensed Cannabis Retail Sales Establishments and/or Premises County of Vermilion River 232 Land Use Bylaw 19-02 LICENSED CANNABIS RETAIL SALES ESTABLISHMENTS AND/OR PREMISES The purpose of this Section is to provide for desirable compatibility between Licensed Cannabis Retail Sales Establishments and surrounding Land Uses. The mitigation of possible adverse impacts shall be addressed using this section. Licensed Cannabis Retail Sales Establishments shall comply with all County Land Use Bylaw and policy requirements and any applicable federal and provincial regulations. No Licensed Cannabis Retail Sales Establishments shall be permitted unless all applicable licensing and approvals have been provided for by the provincial and federal governments. Only one (1) Licensed Cannabis Retail Sales Establishment shall be permitted on a single title. A Site, Lot or Parcel, Building or structure established, operated, or maintained as a Licensed Cannabis Retail Sales Establishment shall comply with the provisions made for in this Section in addition to any other applicable federal, provincial, and municipal regulations as per Section 1.3 of this Bylaw. Non-compliance to the previous may be abated as provided for in Section 1.13 of this Bylaw. This is not exclusive and shall not prevent the County from exercising any other remedy available under the law, nor shall the provisions of this Section prohibit or restrict other federal or provincial law or County policy to be enacted upon. When provided for within this Bylaw, in addition to the regulations in the Designated District that provides for the Use, the provisions under this Section shall apply to all Licensed Cannabis Retail Sales Establishments within the County of Vermilion River. All applications shall comply with the provisions established in Section 2.7 of this Bylaw. Only establishments licensed by the Alberta Gaming, Liquor, and Cannabis Commission (AGLCC) under the Gaming, Liquor, and Cannabis Act, as amended will be considered. Applicability The provisions under this Section shall apply to: The Use of land, Lot or Parcel, Site, Building, or structure established, operated, or maintained as a Commercial Use that involves the sale, offer for sale, and purchase of Cannabis Products and approved Cannabis accessories from licensed Cannabis retailers, and Similar Uses as defined in and in accordance with the Gaming, Liquor, and Cannabis Act and the Cannabis Act, as amended, or any subsequent legislation that may be enacted in substitution, within the County of Vermilion River. Buildings or structures and Accessory Uses to Permitted or Discretionary Uses in connection with Licensed Cannabis Retail Sales Establishments. 6.0 Land Use Districts Regulations 5.13 Licensed Cannabis Retail Sales Establishments and/or Premises County of Vermilion River 233 Land Use Bylaw 19-02 Application Requirements All applications for Licensed Cannabis Retail Sales Establishment shall comply with County Development standards and regulations in addition to the provisions established in Part 2 of this Bylaw. A copy of the submitted license application for the Licensed Cannabis Retail Sales Establishment shall be provided to the Development Authority before a Temporary Development Permit in support of an application can be issued. The Development Authority may issue a Temporary Development Permit not to exceed sixty (60) days for a Cannabis Retail Sales Establishment license application that complies with the provisions of this Bylaw. Should the application period for a the Cannabis Retail Sales Establishment license application exceed sixty (60) days, the Development Authority may, at its sole discretion, extend the Temporary Development Permit, if it is requested by the applicant, to an additional thirty (30) days to a maximum of 2 extensions. A copy of the current Cannabis retail license for the Licensed Cannabis Retail Sales Establishment as issued by the Alberta Gaming, Liquor, and Cannabis Commission (AGLCC) shall be provided to the Development Authority before a Development Permit for a Licensed Cannabis Retail Sales Establishment can be issued. The Development Permit for the Licensed Cannabis Retail Sales Establishment shall be limited as follows: The first Development Permit shall not exceed a 3-year term. Any subsequent Development Permit shall not exceed a 5-year term. The applicant shall provide the Development Authority with an annual update or notice of termination of approval from the AGLC. Issuance of an Occupancy Permit is required for all structures associated with a Licensed Cannabis Retail Sales Establishment. The Development Authority may require an applicant for a Development Permit for a Licensed Cannabis Retail Sales Establishment to have any or all of the following information be prepared by a qualified professional and have it included with the application: Waste Management Plan Environmental Assessment Traffic Impact Assessment Water/Wastewater Report 6.0 Land Use Districts Regulations 5.13 Licensed Cannabis Retail Sales Establishments and/or Premises County of Vermilion River 234 Land Use Bylaw 19-02 Storm Water Management Plan Any additional study or assessment necessary to address specific concerns at the discretion of the Development Authority. Site Plan Requirements All applications shall include a Site plan. Said Site plan shall be a detailed and scaled drawing, as per the General Municipal Servicing Standards, showing the locations and dimensions of the areas to be used for the sale and storage of Cannabis material/products. Such areas will be referred to as Areas for Cannabis Materials/Products. 1. The areas for the sale and storage of Cannabis Material/Products shall be limited to and must conform to the submitted Site plan included in the permit application. Said Site plan will be referred to as the original Site plan. 2. The original Site plan shall not be amended to add additional Areas for Cannabis Materials/Products without the approval of a new application by the Development Authority. a. A copy of the current amended license for the Licensed Cannabis Retail Sales Establishment as issued by Health Canada shall be provided to the Development Authority before a Permit can be issued. Include proposed Landscaping, loading, and Parking Areas. Licensed Cannabis Retail Sales Establishments: shall meet the retail store and business requirements outlined under the Gaming, Liquor and Cannabis Act and as approved in a valid retail Cannabis license. shall maintain the neighbourhood characteristics and appearance. shall be designed and located to minimize any impacts on the natural environment. shall minimize any exposure or disturbance to the surrounding area including, but not limited to, dust, pollution, noise, odour, or any other related Land Use Nuisance effects. shall have no Outdoor Storage of goods, material, or supplies. shall contain Garbage containers and Waste materials within an enclosed Building. shall secure solid Waste material in accordance with applicable provisions under the Gaming, Liquor and Cannabis Act and the Cannabis Act (Canada), until disposed of or destroyed in accordance with the regulations. 6.0 Land Use Districts Regulations 5.13 Licensed Cannabis Retail Sales Establishments and/or Premises County of Vermilion River 235 Land Use Bylaw 19-02 Shall meet all requirements for said establishments (such as but not limited to security and Premises) as may be required under the Gaming, Liquor and Cannabis Act and the Cannabis Act. Establishments shall operate in a manner that does not constitute a Nuisance as defined under the Land Use Bylaw or any other bylaw and / or policy approved by the County. Separation Requirements For the purposes of this Section: A Licensed Industrial Hemp Production Facility Site means the Lot(s) or Parcel(s) on which the Licensed Industrial Hemp Production Facility is located or is proposed to be located. A School Site, for the purposes of this Section, means the Lot(s) or Parcel(s) on which either a day care or a Public Education Facility is situated, including those wherein "Institutional" is listed as a Permitted Use. A Health Care Facility Parcel means the Lot(s) or Parcel(s) on which either a provincial health care or a public health care facility is situated, including those Lots or Parcels wherein "Public or Semi-Public Use" is listed as a Permitted Use. School Reserve and Municipal School Reserve shall have the meaning given to the in the Municipal Government Act, as amended. A Residential Parcel, for the purposes of this Section, means any Parcel wherein a "Dwelling" is listed as a Permitted Use excepting those wherein a "Dwelling Unit" is listed and described as accessory to a/the Use or accessory to the principal Use. A Place of Public Use means those parts of land, a Building, street, waterway or other location that are accessible or open to Persons under the age of 18 years, whether on a continuous, periodic or occasional basis, and includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational, or other place that is accessible or open to the public on such a basis, including the meaning of Public Place in the Cannabis Act. A Licensed Cannabis Retail Sales Establishment Site shall meet the minimum Separation distance of 300 m (984 ft) between a School Site, Health Care Facility, School Reserve, Municipal School Reserve, another Licensed Cannabis Retail Sales Establishment Site, or any other Place of Public Use usually frequented by Persons under the age of 18 years. The minimum Separation distance shall be established by measuring the shortest distance between the boundary of the Lot or Parcel containing the School Site, Health Care Facility, School Reserve, Municipal School Reserve, another Licensed Cannabis 6.0 Land Use Districts Regulations 5.13 Licensed Cannabis Retail Sales Establishments and/or Premises County of Vermilion River 236 Land Use Bylaw 19-02 Retail Sales Establishment, or any other Place of Public Use and the boundary of the proposed Licensed Cannabis Retail Sales Establishment Site. A Licensed Cannabis Retail Sales Establishment Site shall meet the minimum Separation distance of 100 m (328 ft) from tobacco and liquor retailers. The minimum Separation distance shall be established by measuring the shortest distance between the boundary of the Lot or Parcel containing the School Site, Health Care Facility, School Reserve, Municipal School Reserve, another Licensed Cannabis Retail Sales Establishment, Smoking or Vaping of Cannabis is prohibited in or within 5 m (16 ft.) of Sites, Buildings, or structures where the Main Use is a Public or Quasi Public Use and their Premises in accordance with the provisions of the Gaming, Liquor and Cannabis Act, including school reserves or municipal and school reserves under the Municipal Government Act. Development Standards ELEMENT REQUIREMENTS ADDITIONAL PROVISIONS Minimum Lot Area As required by the Development Authority Except where the Lot is subject to: man-made barrier, registered in Land Titles, fragmenting the quarter section, or (a) a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. (b) the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. Maximum Lot Coverage 35% The retail and storage space shall be a minimum of 56 m2 (600.0 sq. ft.) Storage shall not exceed 6.0 Land Use Districts Regulations 5.13 Licensed Cannabis Retail Sales Establishments and/or Premises County of Vermilion River 237 Land Use Bylaw 19-02 ELEMENT REQUIREMENTS ADDITIONAL PROVISIONS forty percent (40%) of the floor space. Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw. Except for provincial Highways, which are subject to Alberta Transportation regulations. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw. Except for an irregular shaped Lot, which shall be ten percent (10%) of the mean Lot Width. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw. Maximum Height Principal Building: 5 m (16.5 ft.) Accessory Building: Subject to Sections 4.2 of this Bylaw, as applicable. Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay. (Section 7.2.1, or where a Variance under Section 2.13 has been granted.) Accessory Buildings In accordance with the provisions of Section 4.2 of this Bylaw. Accessory Building(s) and Use(s) when located on the same Lot or Parcel of Land as the Main Building and the Use(s) is / are customarily incident thereto, As required in Section 4.2 of this Bylaw; provided all other applicable provincial and federal requirements are met. Parking Parking and loading requirements for a Licensed Cannabis Retail Sales Establishment shall be provided in accordance with the provisions of Section 4.15 of this Bylaw, the General Municipal Servicing Standards, and any applicable requirements a under the Gaming, Liquor and Cannabis Act and the Cannabis Act, as amended. Minimum Planting Setback In accordance with the provisions of Section 4.2 of this Bylaw. 6.0 Land Use Districts Regulations 5.13 Licensed Cannabis Retail Sales Establishments and/or Premises County of Vermilion River 238 Land Use Bylaw 19-02 ELEMENT REQUIREMENTS ADDITIONAL PROVISIONS Signage Outdoor signage or advertising shall meet requirements under Section 4.21 as well as provincial and federal regulations regarding the Use. Minimum Setback from a Water Body or Water Course As provided for in Table 6. Exceptions At the discretion of the Development Authority, the height provisions of these regulations may be waived for church steeples, belfries, towers, cupolas, and similar architectural features; flagstaffs, chimneys, elevator mechanisms and housings, water tanks, standpipes, and similar utility structures; and radio and television towers and Antennas, and similar telecommunication structures. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. Additional Regulations A Licensed Cannabis Retail Sales Establishment shall be the primary use of the Lot(s) or Parcel(s). Licensed Cannabis Retail Sales Establishments must not operate in conjunction with another Use on the same Lot(s) or Parcel(s). Lot(s) or Parcel(s) where a Licensed Cannabis Retail Sales Establishment is proposed to be located must front onto a Collector Roadway. Cannabis Products must not be smoked, vaped, ingested, or otherwise consumed on the Premises of a Licensed Cannabis Retail Sales Establishment. Licensed Cannabis Retail Sales Establishments must not permit any Person who is a minor, as defined under the Cannabis Act, or as amended, to enter or be in the Licensed Cannabis Retail Sales Establishment or Premises. Uses, processes, or equipment Owned or contracted, operating on the Premises shall be limited to those that are not objectionable due to odour, dust, bright lights, smoke, noise, or vibration. The Licensed Cannabis Retail Sales Establishment shall meet all requirements for said facilities such as, but not limited to security and Premises, as required under the Cannabis Act and Gaming, Liquor, and Cannabis Act. Wastewater and storm drainage management for Licensed Cannabis Retail Sales Establishments shall take place on a holding tank that meets Provincial Regulation. 6.0 Land Use Districts Regulations 5.13 Licensed Cannabis Retail Sales Establishments and/or Premises County of Vermilion River 239 Land Use Bylaw 19-02 Licensed Cannabis Retail Sales Establishments shall operate not earlier than 10 a.m. or later than 2 a.m. Licensed Cannabis Retail Sales Establishments and Premises must meet the conditions set out in Schedule 2 of the Gaming, Liquor, and Cannabis Regulation, as amended, repealed, or replaced from time to time. A Licensed Cannabis Retail Sales Establishment's Exterior Lighting and Noise levels should meet the following: The illumination of Parking Areas, walkways, Signs, and other structures shall meet the provisions of this Bylaw for the Designated District. Noise from facilities shall not exceed that allowed under the Land Use Bylaw or any other bylaw and/or policy approved by the County and applicable provincial or federal regulations. The advertising, display and promotion of Cannabis, Cannabis Products, and Cannabis accessories shall meet federal and provincial regulations. Nonconforming Status Legal nonconforming status of Buildings and Uses shall not apply to Licensed Cannabis Retail Sales Establishments. 6.0 Land Use Districts Regulations 5.14 Licensed Industrial Hemp Production and/or Proccessing, Storage, or Distribution Facility and/or Premises County of Vermilion River 240 Land Use Bylaw 19-02 LICENSED INDUSTRIAL HEMP PRODUCTION AND/OR PROCCESSING, STORAGE, OR DISTRIBUTION FACILITY AND/OR PREMISES The purpose of this Section is to provide for desirable compatibility between Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises and surrounding Land Uses. The mitigation of possible adverse impacts shall be addressed using this section. Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facilities and/or Premises shall comply with all County Land Use Bylaw and policy requirements and any applicable federal and provincial regulations. No Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be permitted unless all applicable licensing and approvals have been provided for by the provincial and federal governments, as applicable. Only one (1) Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be permitted shall be permitted on a single title. A Site, Lot or Parcel, Building or structure established, operated, or maintained as a Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises shall comply with the provisions made for in this Section in addition to any other applicable federal, provincial, and municipal regulations as per Section 1.3 of this Bylaw, as applicable. Non-compliance to the previous may be abated as provided for in Section 1.13 of this Bylaw. This is not exclusive and shall not prevent the County from exercising any other remedy available under the law, nor shall the provisions of this Section prohibit or restrict other federal or provincial law or County policy to be enacted upon. When provided for within this Bylaw, in addition to the regulations in the Designated District that provides for the Use, the provisions under this Section and Section 4.12 shall apply to all Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facilities and/or Premises within the County of Vermilion River. All applications shall comply with the provisions established in Section 2.7 of this Bylaw. Applicability The provisions under this Section shall apply to: The Use of land, Lot or Parcel, for the production of Industrial Hemp as defined and regulated under the Cannabis Act and the Industrial Hemp Regulations, as amended or as regulated under any subsequent legislation that may be enacted in substitution. Buildings or structures and Accessory Uses to Permitted or Discretionary Uses in connection with Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises. 6.0 Land Use Districts Regulations 5.14 Licensed Industrial Hemp Production and/or Proccessing, Storage, or Distribution Facility and/or Premises County of Vermilion River 241 Land Use Bylaw 19-02 Application Requirements A copy of the submitted license application for the Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be provided to the Development Authority before a Temporary Development Permit in support of an application can be issued. The Development Authority may issue a Temporary Development Permit not to exceed sixty (60) days for a Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises license application that complies with the provisions of this Bylaw. Should the application period for an Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises license application exceed sixty (60) days, the Development Authority may, at its sole discretion, extend the Temporary Development Permit, if it is requested by the applicant, to an additional thirty (30) days to a maximum of 2 extensions. A copy of the current license for a Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be provided to the Development Authority before a Development Permit for a Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises can be issued. The Development Permit for a Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be limited as follows: The first Development Permit shall not exceed a 3-year term. Any subsequent Development Permit shall not exceed a 5-year term. Issuance of an Occupancy Permit is required for all structures associated with a Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises. The Development Authority may require an applicant for a Development Permit for a Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises to have any or all of the following information be prepared by a qualified professional and have it included with the application: Waste Management Plan Environmental Assessment Traffic Impact Assessment Water/Wastewater Report 6.0 Land Use Districts Regulations 5.14 Licensed Industrial Hemp Production and/or Proccessing, Storage, or Distribution Facility and/or Premises County of Vermilion River 242 Land Use Bylaw 19-02 Storm Water Management Plan Any additional study or assessment necessary to address specific concerns at the discretion of the Development Authority. Site Plan Requirements All applications shall include a Site plan. Said Site plan shall be a detailed and scaled drawing, as per the General Municipal Servicing Standards, showing the locations and dimensions of the areas to be used for the sale and storage of hemp material. Such areas will be referred to as Areas for Hemp Materials. 1. The areas for the sale and storage of hemp material shall be limited to and must conform to the submitted Site plan included in the permit application. Said Site plan will be referred to as the original Site plan. 2. The original Site plan shall not be amended to add additional Areas for Hemp Materials without the submittal and approval of a new Permit application by the Development Authority. b. A copy of the current amended license for the Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be provided to the Development Authority before a Permit for additional areas for Hemp Materials can be issued. Include proposed Landscaping, loading, and Parking Areas. Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises: shall maintain the neighbourhood characteristics and appearance. shall be designed and located to minimize any impacts on the natural environment. shall have no Outdoor Storage of goods, material, or supplies. shall secure solid Waste material in accordance with applicable provisions under the Cannabis Act and the Industrial Hemp Regulations, until disposed of or destroyed in accordance with the regulations. shall meet all requirements for said facilities (such as but not limited to security and Premises) as may be required under the Cannabis Act and the Industrial Hemp Regulations. shall minimize any exposure or disturbance to the surrounding area including, but not limited to, dust, pollution, noise, odour, or any other related Land Use Nuisance effects. 6.0 Land Use Districts Regulations 5.14 Licensed Industrial Hemp Production and/or Proccessing, Storage, or Distribution Facility and/or Premises County of Vermilion River 243 Land Use Bylaw 19-02 Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises shall operate in a manner that does not constitute a Nuisance as defined under the Land Use Bylaw or any other bylaw and / or policy approved by the County. Separation Requirements For the purposes of this Section: A Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises Site means the Lot(s) or Parcel(s) on which the Licensed Industrial Hemp Production Facility is located or is proposed to be located. A School Site, for the purposes of this Section, means the Lot(s) or Parcel(s) on which either a day care or a Public Education Facility is situated, including those wherein "Institutional" is listed as a Permitted Use. A Health Care Facility Parcel means the Lot(s) or Parcel(s) on which either a provincial health care or a public health care facility is situated, including those Lots or Parcels wherein "Public or Semi-Public Use" is listed as a Permitted Use. School Reserve and Municipal School Reserve shall have the meaning given to the in the Municipal Government Act, as amended. A Residential Parcel, for the purposes of this Section, means any Parcel wherein a "Dwelling" is listed as a Permitted Use excepting those wherein a "Dwelling Unit" is listed and described as accessory to a/the Use or accessory to the principal Use. A Place of Public Use means those parts of land, a Building, street, waterway or other location that are accessible or open to Persons under the age of 18 years, whether on a continuous, periodic or occasional basis, and includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational, or other place that is accessible or open to the public on such a basis, including the meaning of Public Place in the Cannabis Act. A Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises Site shall meet the minimum Separation distance of 1,000 m (3,281 ft) between a School Site, Health Care Facility, School Reserve, Municipal School Reserve, another Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises Site, or any other Place of Public Use usually frequented by Persons under the age of 18 years. The minimum Separation distance shall be established by measuring the shortest distance between the boundary of the Lot or Parcel containing the School Site, Health Care Facility, School Reserve, Municipal School Reserve, another Licensed Industrial 6.0 Land Use Districts Regulations 5.14 Licensed Industrial Hemp Production and/or Proccessing, Storage, or Distribution Facility and/or Premises County of Vermilion River 244 Land Use Bylaw 19-02 Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises Site, or any other Place of Public Use and the boundary of the proposed Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises Site. A Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises Site shall meet the minimum Separation distance of 150 m (492 ft.) between a Dwelling or Residential Use Lot or Parcel. The minimum Separation distance shall be established by measuring the shortest distance between the boundary of the Dwelling or Residential Use Lot or Parcel and the boundary of the proposed Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises Site. Development Standards ELEMENT REQUIREMENTS ADDITIONAL PROVISIONS Minimum Lot Area As required by the Development Authority Including where the Lot is subject to: man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. Maximum Lot Coverage 60% Includes cultivation site and any structures. Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw. Except for provincial Highways, which are subject to Alberta Transportation regulations. 6.0 Land Use Districts Regulations 5.14 Licensed Industrial Hemp Production and/or Proccessing, Storage, or Distribution Facility and/or Premises County of Vermilion River 245 Land Use Bylaw 19-02 ELEMENT REQUIREMENTS ADDITIONAL PROVISIONS Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw. Except for an irregular shaped Lot, which shall be ten percent (10%) of the mean Lot Width. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw. Maximum Height 10.5 m (34.5 ft.) Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay. (Section 7.2.1, or where a Variance under Section 2.13 has been granted.) Accessory Buildings In accordance with the provisions of Section 4.2 of this Bylaw. A Building or structure used for security purposes for a Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises may be located in the Front Yard and must comply with the required minimum Setbacks. Minimum Planting Setback In accordance with the provisions of Section 4.2 of this Bylaw. Minimum Setback from a Water Body or Water Course As provided for in Table 6. Parking Parking and loading requirements for a Licensed Cannabis Retail Sales Establishment shall be provided in accordance with the provisions of Section 4.15 of this Bylaw, the General Municipal Servicing Standards, and any applicable requirements a under the Gaming, Liquor and Cannabis Act and the Cannabis Act, as amended. Signage Outdoor signage or advertising shall meet requirements under Section 4.21 as well as provincial and federal regulations regarding the Use. 6.0 Land Use Districts Regulations 5.14 Licensed Industrial Hemp Production and/or Proccessing, Storage, or Distribution Facility and/or Premises County of Vermilion River 246 Land Use Bylaw 19-02 ELEMENT REQUIREMENTS ADDITIONAL PROVISIONS Exceptions At the discretion of the Development Authority, the height provisions of these regulations may be waived for church steeples, belfries, towers, cupolas, and similar architectural features; flagstaffs, chimneys, elevator mechanisms and housings, water tanks, standpipes, and similar utility structures; and radio and television towers and Antennas, and similar telecommunication structures. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. Additional Regulations A Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises shall be the primary use of the Lot(s) or Parcel(s) Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises must not operate in conjunction with another Use on the same Lot(s) or Parcel(s). Cannabis Products must not be smoked, vaped, ingested, or otherwise consumed on the Premises of a Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises. Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises must not permit any Person who is a minor, as defined under the Cannabis Act, or as amended, to enter or be in the Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises. Uses, processes, or equipment Owned or contracted, operating on the Premises shall be limited to those that are not objectionable due to odour, dust, bright lights, smoke, noise, or vibration. Unless otherwise provided for under federal and provincial regulations, with the exception of Cultivation, all activities related to the Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises shall occur within a fully enclosed stand-alone Building, including but not limited to loading, receiving, and shipping of Industrial Hemp and any other goods, materials, and supplies. secured Garbage containers and Waste materials shall be contain within an enclosed Building. The Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises shall meet all requirements for said facilities such as, but not limited to security and Premises, as required under the Cannabis Act and Industrial Hemp Regulations. 6.0 Land Use Districts Regulations 5.14 Licensed Industrial Hemp Production and/or Proccessing, Storage, or Distribution Facility and/or Premises County of Vermilion River 247 Land Use Bylaw 19-02 A Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises' Exterior Lighting and Noise levels should meet the following: The illumination of Parking Areas, walkways, Signs, and other structures associated with Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facilities and/or Premises shall be arranged to meet any requirements the Land Use Bylaw or any other bylaw and / or policy approved by the County and any requirements under the Industrial Hemp Regulations. Noise from facilities shall not exceed that allowed under the Land Use Bylaw or any other bylaw and / or policy approved by the County and any requirements under the Industrial Hemp Regulations. Buffers shall be required for all Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facilities and/or Premises. Buffers can combine Separation, vegetation, and fencing to mitigate the impacts on Farming and adjacent activities, as per Section 4.9. Nonconforming Status Legal nonconforming status of Buildings and Uses shall not apply to Licensed Industrial Hemp Production and/or Processing, Storage, or Distribution Facility and/or Premises. 6.0 Land Use Districts Regulations 5.15 Liquor Sales, Storage, and Consumption Establishments County of Vermilion River 248 Land Use Bylaw 19-02 LIQUOR SALES, STORAGE, AND CONSUMPTION ESTABLISHMENTS Where provided for under this Bylaw, the following provisions apply to Development of a Site as any type of Commercial Use that involves sale and consumption of alcoholic beverages, including, but not limited to, Liquor Sales and Storage Establishment, Eating and Drinking Establishment, Drinking Establishment, Drive-In Restaurants, Indoor Recreation Facility, Motel, Hotel, Private Club, and Similar Uses as those defined in this Bylaw. In addition to the provisions established in Section 2.7 all Development Permit applications for Liquor Sales, Storage, and Consumption Establishments shall comply with the provisions under this Section and all applicable requirements within the Designated District. Only Liquor Sales, Storage, and Consumption Establishments and Premises licensed by the Alberta Gaming and Liquor Commission (AGLC) under the Gaming, Liquor, and Cannabis Regulation, as amended, repealed, or replaced from time to time, will be considered. Application Requirements The applicant must demonstrate they have the required approval from the Alberta Gaming and Liquor Commission (AGLC). A copy of the current license as issued by the AGLC shall be provided to the Development Authority before occupation for the proposed Use can occur. Site Plan Requirements All applications shall include a Site plan. Said Site plan shall be a detailed and scaled drawing, as per the General Municipal Servicing Standards, showing the locations and dimensions of the areas to be used for the sale and storage of alcoholic beverages. Such areas will be referred to as Areas for Alcoholic Beverages. 1. The areas for the sale and storage of sale and storage of alcoholic beverages shall be limited to and must conform to the submitted Site plan included in the permit application. Said Site plan will be referred to as the original Site plan. 2. The original Site plan shall not be amended to add additional Areas for Alcoholic Beverages without the approval of a new application by the Development Authority. c. A copy of the current amended as issued by the Alberta Gaming and Liquor Commission (AGLC) shall be provided to the Development Authority before a Permit can be issued. Include proposed Landscaping, loading, and Parking Areas. 6.0 Land Use Districts Regulations 5.15 Liquor Sales, Storage, and Consumption Establishments County of Vermilion River 249 Land Use Bylaw 19-02 Development Standards ELEMENT REQUIREMENTS ADDITIONAL PROVISIONS Minimum Lot Size At the discretion of the Development Authority. Lot must front onto an Arterial or Collector Roadway. Minimum Area The retail and storage space shall be a minimum of 56 m2 (600.0 sq. ft.) Storage shall not exceed 40 percent (40%) of the floor space. Maximum Lot Coverage 35% The retail and storage space shall be a minimum of 56 m2 (600.0 sq. ft.) Storage shall not exceed forty percent (40%) of the floor space. Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw. Except for provincial Highways, which are subject to Alberta Transportation regulations. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw. Except for an irregular shaped Lot, which shall be ten percent (10%) of the mean Lot Width. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw. Maximum Height Principal Building: 5 m (16.5 ft.) Accessory Building: Subject to Sections 4.2 of this Bylaw, as applicable. Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay. (Section 7.2.1, or where a Variance under Section 2.13 has been granted.) Accessory Buildings In accordance with the provisions of Section 4.2 of this Bylaw. Accessory Building(s) and Use(s) when located on the same Lot or Parcel of Land as the Main Building and the Use(s) is / are customarily incident thereto, As required in Section 4.2 of this Bylaw; provided all other applicable provincial and federal requirements are met. Parking Parking and loading requirements for a Licensed Cannabis Retail Sales Establishment shall be provided in accordance with the provisions of 6.0 Land Use Districts Regulations 5.15 Liquor Sales, Storage, and Consumption Establishments County of Vermilion River 250 Land Use Bylaw 19-02 ELEMENT REQUIREMENTS ADDITIONAL PROVISIONS Section 4.15 of this Bylaw, the General Municipal Servicing Standards, and any applicable requirements a under the Gaming, Liquor and Cannabis Act and the Cannabis Act, as amended. Minimum Planting Setback In accordance with the provisions of Section 4.2 of this Bylaw. Minimum Setback from a Water Body or Water Course As provided for in Table 6. Exceptions At the discretion of the Development Authority, the height provisions of these regulations may be waived for church steeples, belfries, towers, cupolas, and similar architectural features; flagstaffs, chimneys, elevator mechanisms and housings, water tanks, standpipes, and similar utility structures; and radio and television towers and Antennas, and similar telecommunication structures. Additional Regulations All sales, businesses, servicing, storage, or processing shall be conducted within a completely enclosed Building, except where the nature of the activity makes it impossible, as for example, Off-Street loading, Vehicle parking for customers while on the Premises, and the sale of automobile fuel at Service Stations. Establishments may contain Accessory Buildings and Uses when located on the same Lot or Parcel of Land as the Main Building and the Use is customarily incident thereto, provided the Provincial and Municipal Regulations requirements are met. Unless otherwise provided for in the Gaming, Liquor and Cannabis Act and Alberta Gaming and Liquor Regulation, establishments must not permit any Person who is a minor, as defined under the Gaming, Liquor and Cannabis Act, or as amended, to enter or be in the licensed facility or Premises. The sale of alcohol is provided for within the Designated District(s) in accordance with the hours specified by the Gaming, Liquor and Cannabis Regulation, County Bylaws, or applicable provincial regulations as amended. Uses, processes, or equipment Owned or contracted, operating on the Premises shall be limited to those that are not objectionable due to odour, dust, bright lights, smoke, noise, or vibration. 6.0 Land Use Districts Regulations 5.15 Liquor Sales, Storage, and Consumption Establishments County of Vermilion River 251 Land Use Bylaw 19-02 The applicant shall provide the Development Authority with an annual update or notice of termination of approval from the Alberta Gaming and Liquor Commission (AGLC). Establishments shall operate in a manner that does not constitute a Nuisance as defined under the Land Use Bylaw or any other bylaw and / or policy approved by the County. Nonconforming Status Legal nonconforming status of Buildings and Uses shall comply with regulations established in Section 2.12 of this Bylaw. 6.0 Land Use Districts Regulations 5.16 Motels County of Vermilion River 252 Land Use Bylaw 19-02 MOTELS Where permitted under this Bylaw, a Person applying to develop a Site as a Motel shall comply with the provisions of this Section. Site Requirements for Motels Minimum Site Area m2(sq ft) Required Yards m (ft) Minimum Floor Area/Unit m2(sq ft) One Storey 139 (1,500) Front: 7.6 (25) Side & Rear: 3 (10) 26.5 (285) Two Storey 93 (1,000) per floor Space Between Buildings Not less than 3.7 m (12 ft.) of clear and unoccupied space shall be provided between Buildings on the Site, except where Buildings are connected by a continuous Roof to form a shelter for motor Vehicles. Driveways Each Rentable Unit shall face onto or Abut and shall have unobstructed access from a driveway not less than 6 m (20 ft.) in width. Access and Parking Not more than one (1) motor Vehicle entrance and one motor Vehicle exit to a Road, each with a minimum of width of 7.6 m (25 ft.) measured at its minimum dimension shall be permitted, provided however, that one combined motor Vehicle entrance and exit may be permitted, not less than 9 m (30 ft.) in width. Maintenance of Site and Buildings and Business The Owner, tenant, operator or Person in charge of a Motel shall at all times: maintain the Site and the Buildings, structure and improvements thereon in a clean, neat, tidy and attractive condition and free from all rubbish and debris; maintain Garbage facilities to the satisfaction of the Development Authority; maintain an appropriate Fence where required, no less than 1 m (3.3 ft.) in height around the boundaries of the Lot; and shall landscape and keep the Site landscaped, to the satisfaction of the Development Authority. 6.0 Land Use Districts Regulations 5.17 Natural Resource Extraction and Ground Disturbance Operations County of Vermilion River 253 Land Use Bylaw 19-02 NATURAL RESOURCE EXTRACTION AND GROUND DISTURBANCE OPERATIONS A Development Permit will be required for any activity disturbing the ground, including, but not limited to: excavating digging trenching plowing Drilling tunneling quarrying grading leveling removing peat clearing pounding posts augering backfilling blasting stripping topsoil any other similar activity involving mineral extraction, grading, or Excavation operations. any activity requiring an approval and / or license under the Water Act, such as Development in or near a water body or diverting and using water from a water body. A Development Permit shall not be issued for a Natural Resource Extraction and Ground Disturbance Operation until any necessary reclamation plan and permit / license is approved by the Provincial Government. 6.0 Land Use Districts Regulations 5.17 Natural Resource Extraction and Ground Disturbance Operations County of Vermilion River 254 Land Use Bylaw 19-02 Where not required to do so by Provincial agencies, the proponent of a natural resource extraction shall be required to submit a reclamation plan to the Development Authority for their approval prior to the issuance of a Development Permit. Where not required to do so by the Province, the proponent of a natural resource extraction shall, at the discretion of the Development Authority, be required to post with the County security in the form of either cash or an irrevocable letter of credit to ensure that reclamation will be completed. Any disturbed area shall be reclaimed to: at least its former capability for agriculture; or any other Use, which the Development Authority considers will be beneficial to the County. The following conditions of approval may be included when processing a Development Permit application under this Section: limitation of hours of operation; requirement to enter into a Road Use Agreement with the County for the provision of dust control and Maintenance/upgrading of Roads used in direct relation to the operation; posting of adequate signage, including company name and emergency telephone numbers, to warn of possible Site or operational hazards and dangers; methods of minimizing noise in relation to the activities of the operation; and payment of an aggregate levy to the County as outlined by the County's Community Aggregate Payment Levy Bylaw. 6.0 Land Use Districts Regulations 5.18 Pet Keeping and Animal Breeding and/or Boarding Facilities County of Vermilion River 255 Land Use Bylaw 19-02 PET KEEPING AND ANIMAL BREEDING AND/OR BOARDING FACILITIES The keeping of more than four (4) dogs on any Lot, whether the dogs are being bred or boarded, shall be allowed at the discretion of the Development Authority only in those Districts where Animal Breeding and/or Boarding Facilities are listed as Discretionary Use in this Bylaw. The maximum number of dogs to be kept on Site in each of the above Districts shall be at the discretion of the Development Authority. In determining the number of dogs, pups less than six (6) months of age shall not be included. An exercise area shall be provided for each dog as follows: breeds weighing 16 kg (35 lbs.) or less - at least 2.3 m2 (25.0 sq. ft.) per dog; and breeds weighing more than 16 kg (35 lbs.) - at least 4.6 m2 (50.0 sq. ft.) per dog. No Building or exterior exercise area to be used to accommodate dogs shall be allowed within 25.0 m (82 ft.) of any Lot Line of the Lot for which an application is made. All exterior exercise areas (runs) shall be enclosed with an acceptable Fence with a minimum height of 1.83 m (6 ft.). All dogs in Animal Breeding and/or Boarding Facilities shall be kept within Buildings or a Fenced area at all times when not leashed. All dog facilities shall be cleaned on a daily basis, and all feces shall be stored in an enclosed container and disposed of in a sanitary manner. Pens, rooms, exercise runs and holding Stalls shall be soundproofed where possible to the satisfaction of the Development Authority. A separate air extractor system shall be provided in the animal shelter or holding area where heating and air conditioning is necessary. All facilities and operations shall be in compliance with applicable Provincial regulations. All Development Permits issued for Animal Breeding and/or Boarding Facilities shall be subject to cancellation if any of the above requirements, or any other condition of the Development Permit, is not adhered to. 6.0 Land Use Districts Regulations 5.19 Recreational Vehicles County of Vermilion River 256 Land Use Bylaw 19-02 RECREATIONAL VEHICLES The placement of up to three (3) Recreational Vehicles on a Lot or Parcel within a Residential District shall be allowed without a Development Permit for a period of no longer than six months. The year-round placement of three (3) Recreational Vehicles on a Parcel in the Agricultural (A) and CR-A Districts shall be allowed without a Development Permit. Notwithstanding Sections 5.19(1) and 5.19(2) above, a Development Permit may be approved, at the discretion of the Development Authority, for up to one (1) additional Recreational Vehicle in a Residential District on a year-round basis. Additional Recreational Vehicles shall be permitted within Residential Districts for a maximum of four (4) consecutive days within any given sixty (60) day period. No Recreational Vehicle shall be permanently connected to any utility or municipal service, such as power, gas, water supply, or sanitary sewage disposal facilities unless the Recreational Vehicle is approved for Use as a Secondary or Accessory Dwelling or is located in an approved Manufactured Home Community or Recreational Vehicle Campground or Work Camp, as provided for in this Bylaw. No Recreational Vehicle, with the exception of a Manufactured Home Community, may have associated with it any more than two (2) accessory structures, Buildings or other paraphernalia, in addition to Fences, benches, fire pits and picnic tables. A small Shed with a maximum size of 18.58 m2 (200 sq. ft.) and a screened or Roofed Patio around or beside the Recreational Vehicle is permitted. No structure accessory to a Recreational Vehicle shall be used as sleeping quarters. Except for a Recreational Vehicle on a Lot or Parcel, the total gross Floor Area or ground area covered by all accessory structures, Buildings or other paraphernalia, other than those indicated in Section 5.19(1), shall not exceed 50% of the Lot size. 6.0 Land Use Districts Regulations 5.20 Recreational Vehicle Campgrounds County of Vermilion River 257 Land Use Bylaw 19-02 RECREATIONAL VEHICLE CAMPGROUNDS Seasonal and year-round Campgrounds, shall comply with the following regulations: Each Recreational Vehicle Parking Space shall have a minimum width of 10.0 m (32.8 ft.) and a minimum area of 250.0 m2 (2,691 ft.2). Services and improvements shall meet Section 5.5 of this Bylaw. Issuance of an Occupancy Permit is required for all structures associated with Recreational Vehicle Campgrounds. Development Standards As a condition of approval, the Development Authority shall require the Developer to obtain any necessary permits and approvals from all regulatory authorities and agencies having jurisdiction, including any necessary approvals pursuant to the Alberta Safety Codes Act that may be applicable. As a condition of approval, the Development Authority may require that the Developer to enter into a Development agreement, pursuant to the Municipal Government Act, with the Municipality as a condition of Development approval. The Development agreement will include provisions requiring the Developer to construct, upgrade, or pay to construct or upgrade the necessary municipal Roads to access the Development when determined necessary by the Development Authority. All Internal Roads shall be the responsibility of the Developer for both Construction and future Maintenance, consistent with the General Municipal Servicing Standards. In addition, Internal Roads shall have a minimum of a 6.0 m (20.0 ft.) usable top, except for one-way Roads, which shall have a minimum of a 3.65 m (12.0 ft.) usable top. As a condition of approval, the Development Authority shall require the Developer to obtain any necessary permits and approvals from all regulatory authorities and agencies having jurisdiction over this type of Development. Subdivision Standards The Developer shall provide on-site potable water supply, which meets all applicable Provincial requirements. Provincial approval for on-site water systems is required as a condition of Subdivision approval. The Developer shall provide sewage disposal facilities consistent all applicable Provincial regulations. 6.0 Land Use Districts Regulations 5.20 Recreational Vehicle Campgrounds County of Vermilion River 258 Land Use Bylaw 19-02 Provincial approval for sewage disposal facilities is required as a condition of Subdivision approval. All spaces for Recreational Vehicles designated for year-round Use must have on-site connections to municipal or on-site sewer and water systems. The Developer shall designate an area equivalent to ten percent (10%) of the total Recreational Vehicle Campground area as a playground or recreational area. This area is to be clearly marked and free from all traffic hazards. (See Figure 10) All spaces for Recreational Vehicles or tents shall maintain a minimum Setback of 30.0 m (98.4 ft.) from the shoreline of any body of water. The maximum number of Recreational Vehicles allowed per space shall be one (1). A Site plan detailing the protection of existing treed areas and Site topography is required prior to issuance of a Development Permit. (See Figure 10) Spaces for day Use, picnicking and similar activities shall be suitably organized, clearly marked and constructed to the satisfaction of the Development Authority. (See Figure 10) All other Site requirements shall be as required by the Development Authority. Minimum Yard Setbacks: Front, side, corner and Rear Yard Setbacks on the Site shall be 7.6 m (25.0 ft.) or 10% of the Lot Width, whichever is lesser. Developers will be encouraged to provide on their Site plan an overflow area, which may be used temporarily, to accommodate overflow traffic for a maximum of four (4) consecutive nights for recreational events, which may result in a need for temporary additional tenting or Recreational Vehicle spaces. (See Figure 10) 6.0 Land Use Districts Regulations 5.20 Recreational Vehicle Campgrounds County of Vermilion River 259 Land Use Bylaw 19-02 Figure 10. Recreational Vehicle Campround Example. 1. Office, Service, Laundry, and Recreation grouped for efficient management. 2. Paved Entrance Street 11 m (36 ft). 3. Grouped Parking Bays are convenient, orderly, and economical. 4. Paved Internal Street 6 m (20 ft) with all parking in bays. 5. Paved One-Way Internal Street with walk: 3 m (9 ft), without sidewalk: 3.5 m (11 ft). 6. Mobile Home/RV Placement for reduced street exposure and more privacy. 7. All Mobile Homes/RVs drive-in bays located for easy placement from street. 8. Sidewalks only on one side of internal streets. 9. Street facing and private Patios for a variety of preferences. 10. Tenant Storage Lockers grouped for Construction economy, easy access, and good appearance. 11. Ornamental Screen Fence and Planting for Separation from other land uses provides privacy and livability. 12. Access control to overflow area (shaded). 1 2 11 10 5 9 3 8 7 4 6 12 6.0 Land Use Districts Regulations 5.21 Recreational Vehicle Work Camps County of Vermilion River 260 Land Use Bylaw 19-02 RECREATIONAL VEHICLE WORK CAMPS In addition to the provisions in Section 5.20, the following shall also apply to Recreational Vehicles in Work Camps. Services and improvements shall meet Section 5.5 of this Bylaw. Issuance of an Occupancy Permit is required for all structures associated with Recreational Vehicle Work Camps. All Recreational Vehicle Work Camps require a Development Permit and the Development Authority shall give due regard to the need, location, duration, and type of camp, prior to rendering a decision. All Recreational Vehicle Work Camps shall be considered Temporary Developments. A Development Permit for a Recreational Vehicle Work Camp may be issued for up to three (3) years, subject to meeting all conditions to the satisfaction of the Development Authority. If all conditions have not been met to the satisfaction of the Development Authority then the permit will no longer be considered valid. A Recreational Vehicle Work Camp permit must be renewed after the three (3) year period. An application may be made for continuance of the use for one (1) additional year, after which a new Development Permit approval is required. The Development Authority may establish whatever conditions for the approval of a Recreational Vehicle Work Camps that it, at its sole discretion, deems reasonable to ensure that the Development will be temporary. In addition to the requirements of Section 2.7 of this Bylaw, an application for a Development Permit for a Recreational Vehicle Work Camp must provide the following information: the location, type and purpose of the camp; Adjacent Land Uses; the method for connecting the proposed Development to municipal or on-site provision of water, sewage, Waste disposal and storm water systems in accordance with all applicable Provincial regulations.; the number of Persons proposed to live in the camp; the start date of the Development, the date of Occupancy by residents, and removal date for the camp; and reclamation measures to be completed once the camp is no longer needed, to the satisfaction of the Development Authority. 6.0 Land Use Districts Regulations 5.21 Recreational Vehicle Work Camps County of Vermilion River 261 Land Use Bylaw 19-02 Because of the number of temporary workers and related traffic impacts, the applicant will also be required to provide a report, which describes in detail the outcomes of the following: discussions with and impact on the local RCMP; discussions with and impact on the local Emergency Medical Services; discussions with and impact on the local Fire Department; and discussions with and impact on the local Road system, including a Traffic Impact Assessment. All Internal Roads shall be the responsibility of the Developer for both Construction and future Maintenance to County Standards. Internal Roads shall have a minimum of a 6.0 m (20 ft.) usable top, except for one-way Roads, which shall have a minimum of a 3.65 m (12.0 ft.) usable top. All other Site requirements shall be as required by the Development Authority. All Recreational Vehicle Work Camps must: ensure that all required access, including Internal Roadways and intersection improvements, are provided to the satisfaction of the Development Authority at the sole cost of the Developer; be designed so that all points of access and egress are located to the satisfaction of the Development Authority and, when required, Alberta Transportation; be able to accommodate a minimum of twenty (20) Persons and a maximum of five hundred (500) Persons; be secured by the installation of appropriate security and Buffering measures such as Berms, Fence, and Landscaping. The form of the Buffering will be determined by, and to the satisfaction of, the Development Authority, taking into consideration impacts to Adjacent Land Uses; if required by the Development Authority, provide on-site security staff to the satisfaction of the Development Authority; provide and develop all parking on the Lot or Parcel in accordance with Section 4.15 of this Bylaw, to the satisfaction of the Development Authority; post security with the Municipality sufficient to ensure removal of the Development and/or reclamation of the Site, if needed, after the Recreational Vehicle Work Camp has been removed from the Site; and be separated from Adjacent Land Uses, pursuant to the provisions under Section 4.9. 6.0 Land Use Districts Regulations 5.21 Recreational Vehicle Work Camps County of Vermilion River 262 Land Use Bylaw 19-02 Maximum Site coverage shall be in accordance to the regulations of the Designated District such that space is available for all the parking on the Site, together with the applicable Setbacks and required Landscaping as determined by the Development Authority. Screening and fencing of storage areas shall be to the satisfaction of the Development Authority. The Development must comply with current Building and Fire Code requirements as amended from time to time. 6.0 Land Use Districts Regulations 5.22 Rehabilitation and Adaptive Reuse Standards County of Vermilion River 263 Land Use Bylaw 19-02 REHABILITATION AND ADAPTIVE REUSE STANDARDS The purpose if this Section is to provide for rehabilitation as an alternative solution to demolishing and rebuilding for extending age, repair and strengthening of a Building, bringing existing Buildings into confirming to the requirements under this Bylaw or incorporate energy conservation and sustainable green standards. The standards in this Section shall apply to the Rehabilitation or Adaptive Reuse of Buildings located within all Districts. Issuance of an Occupancy Permit is required for all structures associated with Rehabilitation and Adaptive Reuse Development. All Rehabilitation or Adaptive Reuse activities, including repairs, alterations, or additions to existing frame or metal Buildings used or to be used for Non-Residential Use(s) or Buildings used or to be used for Residential Use(s) require that a Development Permit be issued, in accordance to the requirements of this Bylaw. The repairs, Renovations, alterations, reconstruction, and changes of Use or additions, of any Building or structure currently existing shall conform to the requirements of this Bylaw, and may require a request for a Variance subject to the provisions of Section 2.13 of this Bylaw. The following work shall be considered Renovation, alteration, or reconstruction, as appropriate, and not repair work: The cutting away of any wall, partition, or portion thereof; The permanent, partial or complete removal of any primary structural component; The removal or rearrangement of any part of a required means of egress; Addition to, alteration or relocation of: Any fire protection system piping; Water supply, sewer, drainage, gas, oil, Waste, vent, or similar piping; Electrical wiring, other than wiring for a low voltage communication system in a one or two family Dwelling; Mechanical system components such as ductwork; or Elevator devices. 6.0 Land Use Districts Regulations 5.22 Rehabilitation and Adaptive Reuse Standards County of Vermilion River 264 Land Use Bylaw 19-02 All Rehabilitation or Adaptive Reuse work shall be done in a workmanlike manner, meaning to the acceptable industry standard of quality of work and materials by professionals registered to practice the profession in Alberta. The Rehabilitation or Adaptive Reuse work shall not cause any diminution of existing structural strength, system capacity, or mechanical ventilation below that which exists at the time of application for a Development Permit or that which is required by the applicable Codes of the Safety Codes Act, whichever is lower. Newly introduced fixed loads shall not exceed the uniformly distributed live loads or concentrated live load criteria of the Alberta Building Code applicable to the Development and shall not create deflection that exceeds the standards set forth below. As used in this Section, fixed loads shall mean uniform or concentrated loads and shall include equipment, files, library stacks, or similar loading conditions. For wood frame Construction, deflection shall not exceed L/180 for Roofs with a slope of 3 in 12 or less or L/120 for Roofs with a slope of greater than 3 in 12 and for floors For steel frame Construction, deflection shall not exceed L/240 for Roofs with a slope of 3 in 12 or less or L/180 for Roofs with a slope of greater than 3 in 12 and for floors. For concrete Construction, deflection shall not exceed L/180 for Roofs or L/240 for floors. Where the Rehabilitation or Adaptive Reuse of an existing Building creates or includes any new Building element of a type listed below, then the new element shall comply with the requirements for such an element established by the Alberta Building Code and the Safety Codes Act, as applicable. The installation of a floor system which did not previously exist. When the number of stories in a Building is increased without increasing the height of the Building. Newly created tenant Separation assemblies. Newly created floor, door, and window openings. Additionally, newly created door openings in walls which are fire-resistance rated. Protection of newly created openings in fire resistance rated assemblies. Newly created exits, exit stairways, Newly installed fire escapes. Newly installed elevator devices (not replacing an existing device) and other newly installed (not replacement) equipment. 6.0 Land Use Districts Regulations 5.22 Rehabilitation and Adaptive Reuse Standards County of Vermilion River 265 Land Use Bylaw 19-02 Newly installed electrical service equipment, switchboards, panel boards, motor control centres and other electrical equipment containing over current, switching or control devices likely to require examination, adjustment, servicing or Maintenance while energized. 6.0 Land Use Districts Regulations 5.23 Relocation of Buildings County of Vermilion River 266 Land Use Bylaw 19-02 RELOCATION OF BUILDINGS No Person shall move or cause to be moved, or place on a Lot or Parcel of Land a Building, including a Dwelling, formerly erected or placed on a different Lot or Parcel until a Development Permit has been issued. Any application for a "moved-in Building" considered by the Development Authority shall: be accompanied by recent colour photographs of the structure; and indicate if the Building will meet current requirements of the Alberta Building Code (ABC), and if it does not, how the Building will be brought up to these requirements; and meet all other requirements or conditions as required by the Development Authority. The Development Authority may, at its sole discretion, require, prior to the approval of a Development Permit for Building relocation that an inspection of the proposed Building be completed by the Development Authority or a designated officer to determine its suitability for relocation in the County. When reviewing an application to move an existing Dwelling onto a Lot or Parcel, the Development Authority shall, among other matters, consider the following: age of the Building; structural condition of the Building; siting on the Lot; Road access; and availability of services including power, water supply and sewage disposal facilities. Issuance of an Occupancy Permit is required for all structures associated with Relocation of Buildings Development. 6.0 Land Use Districts Regulations 5.24 Sea Cans and Shipping Containers County of Vermilion River 267 Land Use Bylaw 19-02 SEA CANS AND SHIPPING CONTAINERS Except where directed otherwise in this Bylaw, Sea Cans and Shipping Containers within all Districts shall require a Development Permit to be issued. Within Residential Districts a maximum of one (1) Sea Can or Shipping Container may be permitted on Lots or Parcels 1.2 ha (3.0 ac) or greater in area, at the discretion of the Development Authority. Notwithstanding Section 5.24(1) above, at the discretion of the Development Authority, one (1) Sea Can or Shipping Container may be permitted on Lots or Parcels less than 1.2 ha (3.0 ac) in area within a Residential District, on a temporary basis for the purpose of storing Construction materials during the Construction of the Main Building on a Lot or Parcel. The maximum number of Sea Cans or Shipping Containers that may be placed on a Lot or Parcel within a Non-Residential District shall be at the discretion of the Development Authority. Notwithstanding any other provision in this Bylaw, on Lots or Parcels larger than 2.0 ha (5.0 ac) in area within the Agricultural (A) District a maximum of two (2) Sea Cans or Shipping Containers may be placed on a Lot or Parcel without requiring a Development Permit to be issued. Additional Sea Cans or Shipping Containers in excess of two (2) shall require a Development Permit to be issued. If a Temporary Development Permit for a Sea Cans or Shipping Container has been approved by the Development Authority, then the Sea Cans or Shipping Container may be placed on a Site for a period of six (6) months. After that period has expired the Developer will be required to apply to the County for an extension for the permit. Extensions may be issued at intervals of up to six (6) months each, at the discretion of the Development Authority. Except for the purpose of Building Material in accordance with Section 5.22 of this Bylaw, Sea Cans or Shipping Containers may not be stacked. The maximum height for a Sea Can or Shipping Container allowed on a Parcel is 3.0 m (10.0 ft.). Sea Cans or Shipping Containers located in a Residential District may be a maximum of 6.0 m (20.0 ft.) in length. Within all Districts, except the Agricultural (A) District, the exterior finish of a Sea Can or Shipping Container must be consistent with the finish of the primary Building. Sea Cans or Shipping Containers cannot be used as a Main, Secondary, or Accessory Dwelling, unless a Development Permit and associated Use and Occupancy Permit have been issued under the provisions of this Bylaw, and all required approvals under provincial regulations have been obtained. 6.0 Land Use Districts Regulations 5.25 Service Stations County of Vermilion River 268 Land Use Bylaw 19-02 SERVICE STATIONS Development of a Site as a Service Station or Gas Station where allowed under this Bylaw shall comply with the provisions of this Section. Service Stations shall be located in such a manner that: No entrance or exit thereto for motor Vehicles shall be within 61 m (200 ft.) of an entrance to or exit from a Public or Quasi-Public Use. No part of any Building or any pump or other Accessory Building, structure, or Use shall be within 6.0 m (20 ft.) of a side or rear Property Line. There shall be a Front Yard of not less than 12.0 m (40 ft.), and no gasoline pump shall be located closer than 6.0 m (20.0 ft.) to the front Property Line. Storage tanks shall be set back from adjacent Buildings in accordance with applicable Provincial requirements Lot Area and Coverage The minimum Site area shall be 743.0 m2 (8000 sq. ft.) and the maximum Building coverage shall be 40% of the Site area. For Service Stations including car washes the minimum Site area shall be 1115 m2 (12,000 sq. ft.). In the case of a Service Station designed and built as part of a shopping centre, the ratio of Building space to Parking Space shall be as determined by the Development Authority. Surfacing All parts of the Site to which Vehicles may have access shall be hard surfaced and drained in accordance with County Standards to the satisfaction of the Development Authority. Lighting Any lighting proposed to illuminate Off-Street Parking Areas shall be located and arranged so that all direct rays of light are directed upon the Site only and not on any adjoining properties, pursuant to Section 4.5 of this Bylaw. Use and Maintenance of Service Station Site and Buildings The Owner, tenant, operator, or Person in charge of a Service Station shall at all times: Be prohibited from the carrying on of the business of a public Garage or parking Garage (provided, however, that this shall not prevent the Use of Garage space available on any authorized Service Station for storage) or of any business or activity which is Obnoxious or Offensive, or which may constitute a Nuisance or annoyance 6.0 Land Use Districts Regulations 5.25 Service Stations County of Vermilion River 269 Land Use Bylaw 19-02 to Persons Occupying lands in the immediate vicinity of the Site of a Service Station by reason of dust, noise, gases, odour, smoke, or vibration. Be responsible for the proper, safe and orderly operation thereof and of motor Vehicles using said Service Station or when repaired or serviced thereat, and without restricting the generality of the foregoing, shall see: 1. that operators of motor Vehicles do not obstruct the sidewalks and Boulevards Abutting or adjacent to the Service Stations; and 2. that operators of motor Vehicles enter and leave the Service Station only at the entrances and exits provided for such purposes and not elsewhere. Maintain on the boundaries of the Site, where required by the Development Authority, an appropriate Fence not less than 1.5 m (5.0 ft.) in height. 6.0 Land Use Districts Regulations 5.26 Shooting Ranges County of Vermilion River 270 Land Use Bylaw 19-02 SHOOTING RANGES Shooting Ranges, Outdoor Permit required Shooting Ranges shall require a Development Permit to be issued. Indoor Shooting Ranges shall also require an Occupancy Permit. Provincial approval required Provide evidence of approval to operate issued by the provincial minister in accordance to Section 29 of the Firearms Act (S.C. 1995, c. 39), as amended. Site Plan required Submit Site plan in accordance with the Shooting Clubs and Shooting Ranges Regulations that shows the geographical location and layout of the Shooting Range and the portion of the surrounding area that could be affected by shooting on the Shooting Range, as well as the Land Use of that portion. Including location of signage, lighting, topographical features (e.g., water bodies, topography, trees, baffles, or Berms) and areas of significant environmental conditions, such as strong winds, which can affect normal operating conditions. Lighting Adequate lighting shall be placed in areas used for vehicular/pedestrian access including but not limited to: stairs, sidewalks, crosswalks, intersections, or changes in grade, pursuant to Section 4.5 of this Bylaw. Lighting mitigation required. Dust Reduction Unpaved Roads, travel ways and/or Parking Areas shall be treated to prevent dust from Adverse Effects to adjacent properties. Separation Requirements An outdoor Shooting Range shall not be constructed or newly located within: 1. one-half (½) mile (800 m) of an existing school, library, Day Care Facility, healthcare facility, and/or religious institution; and 2. three hundred (300 m) meters (1,000 ft.) of an existing Dwelling Unit for Residential Use and is not located on the same Property as the Use. 6.0 Land Use Districts Regulations 5.26 Shooting Ranges County of Vermilion River 271 Land Use Bylaw 19-02 Security Perimeter identification shall be equivalent in visual impact to a Fence line or survey line. 1. in wide open terrain (e.g., prairie areas), no additional perimeter identification beyond signage is required. Fencing of the perimeter is not required. 2. in the case of boundaries defined by water courses, regularly spaced warning Signs placed above the high-water mark will suffice. if under normal operating conditions fired projectiles or subsequent ricochets are able to leave the active range area, a downrange safety area (forward of the firing point) is required that meets the RCMP Range Design and Construction Guidelines Safety Area Design Criteria. Safety areas cannot overlap onto areas of human habitation or regular human activity, including but not limited to Dwellings, Buildings, businesses, or human activity Sites (e.g., public campground, recreational areas, or similar Sites). Environment. Provide a Phase I Environmental Site Assessment Report that includes any potential off-Site and/or downstream impacts and all mitigation measures identified during the Environmental or similar assessment to satisfaction of the Development Authority. Reclamation. Provide a reclamation plan for the range Site addressing environmental safety and fire & emergency management, and outlining mitigation measures in accordance with Alberta Health, Safety Codes Council, Minister of Public Works and Government Services, and any additional provincial and federal regulations, as applicable. Signage. Signs shall serve to warn people approaching the Site about the presence of a Shooting Range and the associated dangers of approaching it in accordance with the RCMP Range Design and Construction Guidelines for Range and Safety Area Signs. Signage location shall be identified in the Site plan. In all instances, the Signs shall be of durable Construction, such that they can resist weathering. Signs shall meet County Sign Regulations (Section 4.21 of this Bylaw, as amended). 6.0 Land Use Districts Regulations 5.26 Shooting Ranges County of Vermilion River 272 Land Use Bylaw 19-02 Perimeter Setback. Seventy-five (75 m) meters, (200 ft.). Storage of debris, equipment, and other materials shall not be permitted in the perimeter Setback. Perimeter Buffer. Fifteen (15 m) meters, (50 ft.). Structure. Outdoor Shooting Ranges must be designed to contain all projectiles fired on Site in accordance with the RCMP Range Design and Construction Guidelines. Hours of Operation. The hours of operations for a Shooting Range or Shooting Club shall be clearly defined in the Range Operating Instructions as submitted for licensing. . Shooting Ranges, Indoor In addition to meeting the requirements under Sections 5.26(1)(a), 5.26(1)(b), and 5.26(1)(f) above, Indoor Shooting Ranges must: meet all applicable regulations within the Designated District that provides for the Use. 6.0 Land Use Districts Regulations 5.27 Telecommunication Facilities County of Vermilion River 273 Land Use Bylaw 19-02 TELECOMMUNICATION FACILITIES Development of Telecommunication Facilities, where provided for under this Bylaw, shall require an application for a Development Permit and may be approved provided that the associated structure and apparatus: Have Industry Canada approval; Be camouflaged and, as far as possible, have the appearance and aesthetic of other Buildings permitted in the District; Meet the Setback requirements of the District or meet Setback requirements that are satisfactory to the Development Authority; Be limited to a maximum height of 46 m (150 ft.) at its highest point. The height of a ground- mounted Antenna and support structure shall be determined by measurement from the point at which the support structure enters the typical ground surface to the top of the Antenna at its highest position; Be a free-standing, ground-mounted Unit; Notwithstanding Section 5.27(1)(e) above, a Roof-mounted Unit shall be allowed where the applicant can demonstrate that a ground-mounted Unit would prohibit adequate transmission or reception of radio signals. The Antenna and support structure of a Roof-mounted Unit shall be installed on the Roof of a Building to a maximum combined height of 18.0 m (59.0 ft.) from the typical ground surface to its highest point; Be located in a Rear or Side Yard only; Not be illuminated, nor shall it have attached to it any advertising, graphics, flags, or other elements unrelated to its function as a component of a radio signal transmitting and receiving device; and Be landscaped to screen the base of the Antenna and reduce the negative visual impact on adjacent properties. The Development Authority may require Screening and Landscaping around the lower portion of the support structure where, in the opinion of the Development Authority, such measures would reduce potential negative visual impact of the structure on adjacent properties. All Telecommunication Facilities shall have Landscaping that reflects the typical Landscaping in the District. The Development of all Telecommunication Facilities shall follow the regulations of Industry Canada, including public consultation as required. 6.0 Land Use Districts Regulations 5.28 Tower/Antenna Facilities County of Vermilion River 274 Land Use Bylaw 19-02 TOWER/ANTENNA FACILITIES The provisions under this section shall apply to Tower and/or Antenna Facilities, including WECS monitoring stations, within the County of Vermilion River, in addition to applicable regulations under Sections 5.27 and 5.30, and applicable federal and provincial regulations. In addition to a Development Permit, federal and / or provincial approval is required, as applicable. Multiple tower structures will require individual Development Permit applications, unless located in the same Lot or Parcel. Guyed tower/Antenna structures are to be located on properties that allow for a distance from the base to boundary Setbacks that is no less than equal to the final structure height. In all cases that base, and anchor structures must be designed for the soil conditions present. A professional engineered design with supporting soil profiles must accompany the application for Development. Precise location (Latitude and Longitude) of the base and anchors must be revealed. Self-support towers/Antennae are to be located respecting the Building and safety codes for the community. In all cases, the base structures must be designed for the soil conditions present. A professional engineered design with supporting soil profiles must accompany the application for Development. Tower and Antenna Facilities are encouraged to have daytime visual markers to prevent interference with bird migration. Appropriate fencing around the base, anchors and Site limiting public access to the tower and exposure to high Radio frequency (RF) energy fields must be provided with consideration of community aesthetics, in accordance with Section 4.5 of this Bylaw. As a condition of obtaining a Development Permit the applicant agrees to the following: The Site will be reclaimed within six (6) months of cessation of operation. The Site reclamation will comply with Alberta Environmental Laws to be provided by Alberta Environment or their agent. The County shall request public consultation for all proposed wireless communications facilities greater than 10 m in height for landowners within a radius of six (6) times the tower height. The Carrier will be required to pay the costs associated with the public consultation. A letter of support will be sent by the County to Industry Canada if: any technical assessment that was requested by the County has been completed to the satisfaction of Council; and a public consultation was either not necessary or, if public consultation was deemed necessary, it was completed, and the results of the consultation provided to Council for final decision. The results of this decision will be forwarded by the Development Authority to Industry Canada. 6.0 Land Use Districts Regulations 5.28 Tower/Antenna Facilities County of Vermilion River 275 Land Use Bylaw 19-02 A letter of credit may be required to address the decommissioning and reclamation of Sites should a location be taken out of service. The amount of security and term will be reviewed on a case-by- case basis to determine reclamation costs. Requirements for certain structures located within residential areas, such as personal Antenna systems (e.g. used for over the air and satellite television reception or Amateur Radio operation), shall be at the discretion of the Development Authority. 6.0 Land Use Districts Regulations 5.29 Vehicle Washing Establishments County of Vermilion River 276 Land Use Bylaw 19-02 VEHICLE WASHING ESTABLISHMENTS In addition to the applicable requirements under Section 2.7 of this Bylaw, a Person applying to develop a Site as a Vehicle Washing Establishment within a District where such Use is allowed under this Bylaw, shall comply with the provisions of this Section. Only those Vehicle Washing Establishments utilizing recycling methods that meet provincial regulations will be considered. Groundwater Protection Prior to the approval of any Development Permit under this Bylaw for a Vehicle Washing Establishment, geotechnical and groundwater assessments shall be provided to the satisfaction of the County, prepared by an independent engineer registered to practice in the province of Alberta, to determine any potential impact on groundwater and shall include recommendations on protective measures to be undertaken to substantially eliminate the potential for negative effect on groundwater. The implementation of the recommended measures shall form a part of the Development Permit conditions of approval under this Bylaw. Any area identified as Vehicle Washing Establishment, including the storage of any petrochemicals or materials that may impact on groundwater, shall be stored in an approved container and shall be located in an area immediately above a lower parkade (or other accessible subgrade area) to the satisfaction of the County. Location In addition to those Districts where Vehicle washing establishments are listed as a Permitted or Discretionary Use, a Vehicle washing establishment may be allowed as a Discretionary Use as part of a shopping centre Development, if the Development Authority is satisfied that it will not adversely affect an adjoining Land Use or the function of the shopping centre in relation to traffic circulation. Site Area The minimum Site area shall be 557.4 m2 (6,000 sq. ft.) and shall contain storage space for ten (10) Vehicles prior to their entry into any part of the cleaning process for which they are bound. In the case of Service Stations including car washes, a minimum Site area shall be 111.5 m2 (1,200 sq. ft.). Site and Building Requirements All Site and Building requirements shall be according to the underlying Land Use District and to the satisfaction of the Development Authority. 6.0 Land Use Districts Regulations 5.30 Wireless Communication Facilities County of Vermilion River 277 Land Use Bylaw 19-02 WIRELESS COMMUNICATION FACILITIES Wireless communication facilities should be encouraged to locate in agricultural, industrial and other non-residential districts. Where possible, visually unobtrusive Antennas are encouraged to co-locate with existing infrastructure such as but not limited to Signs located on private Property and water towers. All Carriers interested in locating a Wireless Communications Facility within the County should first contact all other Carriers providing similar services and pursue Co-Location before meeting with the Development Authority. These responses should be provided to the Development Authority in writing prior to meeting with him or her. New wireless communications facilities should be built to a standard to accommodate multiple devices. If such Co-Location of facilities is not feasible, the Clustering of such facilities shall be encouraged. Developers of a Wireless Communications Facility that plan for the facility and can accommodate other wireless operators on the Site will be given priority status. The application for Development of a Wireless Communications Facility is encouraged to engage existing Owner/operators of these structures for Co-Location opportunities. Existing operators are encouraged to participate in the process by charging reasonable rates for this privilege. Applications for Development of structures outside of the Alberta Building Code such as Lattice Towers shall include a document from authoritative sources demonstrating structural adequacy of the specified structure for the location and loading defined in the application. Such authorities include: the Canadian Standards Association and qualified structural engineers. Stamps and Seals of approval shall accompany the documentation. Guyed-tower structures are to be located on properties that allow for a distance from the base to boundary Setbacks that is no less than equal to the final structure height. In all cases that base, and anchor structures must be designed for the soil conditions present. A professional engineered design with supporting soil profiles must accompany the application for Development. Precise location (Latitude and Longitude) of the base and anchors must be revealed. Self-support towers are to be located respecting the Building and safety codes for the community. In all cases the base structures must be designed for the soil conditions present. A professional engineered design with supporting soil profiles must accompany the application for Development. Guyed facilities are encouraged to have daytime visual markers to prevent interference with bird migration. In those instances where Transport Canada requires that a Wireless Communication Facility be lit, the following measures are encouraged: the light source should not spill over onto adjacent properties; 6.0 Land Use Districts Regulations 5.30 Wireless Communication Facilities County of Vermilion River 278 Land Use Bylaw 19-02 the lighting should be a minimum number of low intensity white lights; and the strobe interval should be the maximum allowable by Transport Canada. The location of wireless communication facilities should have regard to Alberta Transportation and the County of Vermilion River Setbacks from Highways and Roads. Signage for wireless communications facilities should only: identify the facility; identify the Owner and provide up-to-date contact information; or warn of any safety issues. Multiple tower structures will require individual Development Permit applications. Applications for the Development of wireless facilities must include in the Development application letters from the following authorities: Transport Canada governing painting and lighting of the applicant's tower for aeronautical safety; NavCanada governing aircraft communication and instrumentation immunity from the applicant's tower transmissions; Industry Canada governing the frequency of operations and public safety from non-ionized radiation in accordance with Safety Code 6. Licensed Exempt operators must provide a stamped letter from a licensed professional RF engineer guaranteeing these conditions will be met; and Appropriate fencing around the base, anchors and Site limiting public access to the tower and exposure to high RF energy fields must be provided with consideration of community aesthetics. The application for Development must include consideration to minimizing environmental damage through the following measures: Consultation with Federal and Provincial environmental agencies to ensure the Site selected and the resultant Construction does not impact upon sensitive ecologies nor interfere with migrating birds or animals. Confirming letters from these agencies must accompany the application for Development. The application for Development shall include a signed letter from the applicant detailing corrective action(s) to remediate any environmental damages. As a condition of obtaining a Development Permit the applicant agrees to the following: The Site will be reclaimed within six (6) months of cessation of operation. 6.0 Land Use Districts Regulations 5.30 Wireless Communication Facilities County of Vermilion River 279 Land Use Bylaw 19-02 The Site reclamation will comply with Alberta Environmental Laws to be provided by Alberta Environment or their agent. The County shall request public consultation for all proposed wireless communications facilities greater than 10 m in height for landowners within a radius of six (6) times the tower height. The Carrier will be required to pay the costs associated with the public consultation. A letter of support will be sent by the County to Industry Canada if: any technical assessment that was requested by the County has been completed to the satisfaction of Council; and a public consultation was either not necessary or, if public consultation was deemed necessary, it was completed, and the results of the consultation provided to Council for final decision. The results of this decision will be forwarded by the Development Authority to Industry Canada. A letter of credit may be required to address the decommissioning and reclamation of Sites should a location be taken out of service. The amount of security and term will be reviewed on a case-by- case basis to determine reclamation costs. Requirements for certain structures located within residential areas, such as personal Antenna systems (e.g. used for over the air and satellite television reception or Amateur Radio operation), shall be at the discretion of the Development Authority. 6.0 Land Use Districts Regulations 5.3.4 Wind Conversion Systems (WECS), Small County of Vermilion River 280 Land Use Bylaw 19-02 PART 6.0 LAND USE DISTRICTS REGULATIONS 6.0 Land Use Districts Regulations 5.3.4 Wind Conversion Systems (WECS), Small County of Vermilion River 281 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 5.3.4 Wind Conversion Systems (WECS), Small County of Vermilion River 282 Land Use Bylaw 19-02 ESTABLISHMENT OF LAND USE DISTRICTS For the purposes of this Bylaw, the County of Vermilion River is divided into the following districts: Non-Residential Districts Agricultural (A) District Business and Services (B) District Commercial (C1) District Commercial - General (GC) District Commercial - Limited (LC) District Industrial - Heavy (MH) District Industrial - Light (M1) District Industrial - Medium (M) District Industrial - Rural (RM) District Landfill and Composting (LC) District Parks and Recreation (PR) District Residential Districts Country Residential - Agriculture (CR-A) District Country Residential - Multi-Lot (CR-M) District Country Residential - Single-Lot (CR-S) District Residential - Low Density (R) District Residential - Medium Density (R1) District Residential- High Density (R2) District Residential- Multi-Family/Multi-Unit (R3) District The boundaries of the districts listed in this Bylaw are as delineated in the LAND USE DISTRICT MAP, which is Part 9 of this Bylaw. Where uncertainty exists as to the boundaries of districts as delineated in the LAND USE DISTRICT MAP, the following rules shall apply: where a boundary is shown as following a street or Lane, it shall be deemed to follow the centre line thereof. where a boundary is shown as approximately following a Lot Line, it shall be deemed to follow the Lot Line. 6.0 Land Use Districts Regulations 5.3.4 Wind Conversion Systems (WECS), Small County of Vermilion River 283 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.2.1 Agricultural (A) District County of Vermilion River 284 Land Use Bylaw 19-02 NON-RESIDENTIAL DISTRICTS AGRICULTURAL (A) DISTRICT The Purpose of this District is to provide for the continuing Use of land for agricultural activities associated with primary production and ancillary Uses while encouraging conservation practices, and to preserve valuable agricultural land from Development that is incompatible with primary production. Additional provisions apply to lands within the Agriculture Preservation Area (APA) and Environmentally Sensitive Area (ESA) Overlays. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River excepting land in other Designated Districts. PERMITTED AND DICRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Agricultural Operation Abattoirs Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses. Agricultural Production Accessory Living Quarters Other existing Uses limited to: non- conforming. Confined Feeding Operation Agricultural Support Services Extensive Agriculture Agri-Tourism Farming Animal Breeding and/or Boarding Establishments Single Family Dwelling Bed and Breakfast Establishments Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Unless a Variance under Section 2.13 has been granted. Buildings and Uses accessory to Permitted Uses Bulk Fuel Storage and Sales Religious Assemblies Day Homes Family care facilities 6.0 Land Use Districts Regulations 6.2.1 Agricultural (A) District County of Vermilion River 285 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Farmsteads In connection with an Agricultural Operation, as defined in this Bylaw, and unsubdivided from quarter section. Pursuant to Section 4.12. Group care facilities Group Homes Guest Ranches Home Occupations, Major Home Occupations, Minor Institutional Uses Intensive Agriculture Licensed Cannabis Production Facility Licensed Industrial Hemp Production Facility Licensed Cannabis or Industrial Hemp Storage and Distribution Facility Mobile Home Natural Resource Extraction and Ground Disturbance Operations Office Use Office use limited to Business and Professional Services uses ancillary to the Main Use. Outdoor Storage Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. Public education facilities Public or Quasi-Public Buildings and Uses 6.0 Land Use Districts Regulations 6.2.1 Agricultural (A) District County of Vermilion River 286 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Public Utilities and Public Utility Buildings Recreational Uses Recreational Vehicle Campgrounds Rural Commercial Uses Secondary Dwelling Signs Veterinary Clinic Warehouse Facilities Wind Energy Conversion System Wireless Communications Facility Work Camp Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. DEVELOPMENT REGULATIONS ELEMENT PERMITTED USES DISCRETIONARY USES ADDITIONAL PROVISIONS Minimum Lot Area One quarter- section As required by the Development Authority Agricultural land should be retained as large, intact parcels. Except where the Lot is subject to: (a) man-made barrier, registered in Land Titles, fragmenting the quarter section, or (b) a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. (c) the Subdivision of any fragmented area shall be 6.0 Land Use Districts Regulations 6.2.1 Agricultural (A) District County of Vermilion River 287 Land Use Bylaw 19-02 ELEMENT PERMITTED USES DISCRETIONARY USES ADDITIONAL PROVISIONS governed by the policies in the MDP respecting the Subdivision of fragmented areas. Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for an irregular shaped Lot, which shall be ten percent (10%) of the mean Lot Width. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Maximum Height 10.5 m (34.5 ft.) Communications Towers, minimum 46 m (150 ft.) Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Subject to the Additional Provisions in Sub-section 1.1.1 and Sub-section 7.2.2, where applicable. Special Uses Wind Energy Conversion Systems shall be governed by the regulations contained in Section 5.3 of this Bylaw. Discretionary & Accessory Uses Will require redesignation to the appropriate District at the discretion of the Development Authority. When suspended or discontinued, in accordance with the provision of Section 2.8(1). Higher- Density Development on Difficult- to-Farm Sites (a) In order to reduce the pressure for non-farm Development on Higher Capability Agricultural Lands, Development of non-farm Uses may be allowed incrementally at a higher Density, up to the next District within the same category, on Lots or Parcels that are considered difficult to farm. A tract of land may be considered difficult to farm, if it has one or more of the following characteristics: 6.0 Land Use Districts Regulations 6.2.1 Agricultural (A) District County of Vermilion River 288 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS (i) Small size or irregular shape (ii) Physical isolation from other farm fields by Roads, steep hills, ditches or similar features. (iii) Wooded, as defined herein. (iv) Containing steep slopes, wetlands, or other environmentally sensitive features. That portion of a Parcel that meets the criteria above, may be further subdivided into Lots or Parcels in accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan, subject to the following requirements: (i) Maximum Density shall be 4 Units per Quarter-Quarter Section (30 acres). (ii) Excepting within those areas covered by the Agriculture Preservation Area (APA) Overlay where the maximum Permitted Density shall be 2 Units per Quarter-Quarter Section (20 acres). Permitted Density may not be transferred from one Quarter-Quarter Section to another. Each Lot must contain adequate build-able area for Construction of a house, well, and septic system meeting Provincial and County requirements, including sufficient area for an alternate septic system Site, if required. (i) The applicant must demonstrate to the satisfaction of the Development Authority that Lots are clustered in areas of non-productive soils in order to minimize visual and physical intrusions into agricultural land and to respond sensitively to the environmental features of each Site. 1. If Lots are accessed by a new Road, the Road shall be constructed to County Standards. (ii) Any additional lands that are not included in the Lots shall be permanently restricted by a conservation Easement against further Subdivision or Development. (iii) These lands may be used in one or more of the following ways: 1. Leased to a farmer for agricultural Use. 2. Held in common by all landowners of the Development, for Open Space or recreational purposes. 3. Conveyed to the County, a government agency, or private non- profit organization for permanent protection as parkland or wildlife preserve. 4. Attached to one or more of the existing Lots. Exceptions At the discretion of the Development Authority, the height provisions of these regulations may be waived for church steeples, belfries, towers, cupolas, and similar architectural features; flagstaffs, chimneys, elevator mechanisms and housings, water tanks, standpipes, and similar utility structures; and radio and television towers and Antennas, and similar telecommunication structures. 6.0 Land Use Districts Regulations 6.2.1 Agricultural (A) District County of Vermilion River 289 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.2.2 Business and Services (B) District County of Vermilion River 290 Land Use Bylaw 19-02 BUSINESS AND SERVICES (B) DISTRICT The Purpose of this District is to allow for commercial Development that provides customer and/or business services within in appropriate locations in the County. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River so designated on the Land Use District Map. Land designated under the Lloydminster Fringe Business (B2) District within the Lloydminster Intermunicipal Development Plan. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Commercial Uses Auctioneering Establishments Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses. Eating and Drinking Establishment Automotive and Recreational Vehicle Sales/Rental Establishments Automotive and Equipment Repair Shop, Light Other existing Uses limited to: non- conforming. Health Services Cannabis Accessory Store Institutional Uses Dwellings existing as of the date of the approval of this Bylaw Office Use Licensed Medical Cannabis Clinic Office use limited to Business and Professional Services uses ancillary to the Main Use. Personal Service Shop Licensed Cannabis Retail Sales Establishment Private Club Mixed-Use Development Recreation Services, Indoor Outdoor Storage Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. 6.0 Land Use Districts Regulations 6.2.2 Business and Services (B) District County of Vermilion River 291 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Buildings and Uses accessory to Permitted Uses Public Park Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Service Stations Signs Veterinary Clinic Veterinary Clinic Use limited to small animals. Wind Energy Conversion System, Micro Wireless Communications Facility Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. DEVELOPMENT REGULATIONS REGULATION PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area 1 ac-5 ac (0.40-2.0 ha) As required by the Development Authority Except where the Lot is subject to: a) a man-made barrier, registered in Land Titles, fragmenting the quarter section, or b) a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. c) the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw or an Except for provincial Highways, which are subject to Alberta Transportation regulations. 6.0 Land Use Districts Regulations 6.2.2 Business and Services (B) District County of Vermilion River 292 Land Use Bylaw 19-02 REGULATION PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS approved Site Development Plan or Area Structure Plan For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. For Sites Abutting a Residential District and not separated from that District by a Road or utility Lot - 1.5 m (5 ft.) For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Communications Towers, minimum 46 m (150 ft.) Except for where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Vegetation The location of any shelterbelts shall be determined by the Development Authority Exceptions Notwithstanding any other provision of this Bylaw to the contrary, Dwellings existing as of the date of the approval of this Bylaw may be entirely restored 6.0 Land Use Districts Regulations 6.2.2 Business and Services (B) District County of Vermilion River 293 Land Use Bylaw 19-02 REGULATION PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS and/or replaced, whether or not they have been damaged by fire or other incident, and whether or not the landowner/Developer merely wishes to replace the Building. Restricted Uses The Development Authority may restrict, or may be subject to special regulations or conditions of approval, Uses that may produce, directly or indirectly, noise, odour, fumes, dust, smoke, unsightly appearance, or other effects that may be detrimental to other Land Uses adjacent or nearby a Designated Non-Residential District. Maximum Mixed-Use Residential Density 10 Units per ha (24.7 DUA) Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.2.3 Commercial (C1) District County of Vermilion River 294 Land Use Bylaw 19-02 COMMERCIAL (C1) DISTRICT The Purpose of this District is to allow Development of Commercial Uses on Lots between in various locations. These locations are characterized with good accessibility to Roadways. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River as designated on the Land Use District Map. As well as County approval, any Development within this District may require an approval by a Provincial agency. If such Provincial approval is required, issuance of the Provincial approval will be a condition of the approval of any Development Permit in this District. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Agricultural Support Services Amusement Establishment, Indoor Adult Entertainment Establishment Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses. Business Support Services Establishment Adult Use Other existing Uses limited to: non- conforming. Commercial Storage Animal Hospital Animal Hospital Use limited to small animals. Commercial Storage & Commercial Use limited to: less than 5,000 sq. ft. with retail outlet, including Manufacturing, assembling, fabricating, processing, packing, repairing, or storage of goods, which have not been declared a Nuisance and provided these Uses shall not cause: (a) Unreasonable dissemination of dust, smoke, visible gases, or noxious gases, fumes, noise, vibration, or odour beyond the boundaries of the Site on which the Use is conducted; (b) Hazard of fire, explosion, or other physical damage to adjacent structures or vegetation. 6.0 Land Use Districts Regulations 6.2.3 Commercial (C1) District County of Vermilion River 295 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Commercial Use Amusement Establishment, Outdoor Automotive and Recreationa Vehicle Sales/Rentals Establishment Drive-In Business Bed and Breakfast Establishments Eating and Drinking Establishment Campground Entertainment Establishment Cannabis Accessory Store Equipment Rental Establishment Existing Dwellings, as of the date of the approval of this Bylaw General Retail Establishment Licensed Medical Cannabis Clinic Government Services Licensed Cannabis Retail Establishment Highway Commercial Use Liquor Sales and Storage Establishment Hotel Outdoor Storage Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. Institutional Uses Public or Quasi-Public Buildings and Uses Intensive Agriculture Public Utilities and Public Utility Buildings Mixed-Use Development Shooting Range, Indoor Motel Signs Office Use Recreational Vehicle Campground Office use limited to Business and Professional Services uses ancillary to the Main Use. Recreation Facility, Indoor Recreational Vehicle Campground, Seasonal 6.0 Land Use Districts Regulations 6.2.3 Commercial (C1) District County of Vermilion River 296 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Recreation Services, Indoor Recreational Vehicle Park Religious Assembly Veterinary Clinic Veterinary Clinic Use limited to small animals. Service Station Wireless Communications Facility Warehouse Sales Establishment Buildings and Uses accessory to Discretionary Uses Warehouse Sales Establishment limited to: more than 75% of sales are wholesale. Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. Buildings and Uses accessory to Permitted Uses Cannabis Accessory Store Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area 5 ac-10 ac (2.02 ha-4.05 ha) As required by the Development Authority Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the County's Municipal Development Plan respecting the Subdivision of fragmented areas. 6.0 Land Use Districts Regulations 6.2.3 Commercial (C1) District County of Vermilion River 297 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. For Sites Abutting a Residential District and not separated from that District by a Road or utility Lot - 1.5 m (5 ft.) For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Except for where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Maximum Height 10.5 m (34.5 ft.) Communications Towers, minimum 46 m (150 ft.) Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. 6.0 Land Use Districts Regulations 6.2.3 Commercial (C1) District County of Vermilion River 298 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Vegetation The location of any shelterbelts shall be determined by the Development Authority Restricted Uses The Development Authority may restrict, or may be subject to special regulations or conditions of approval, Uses that may produce, directly or indirectly, noise, odour, fumes, dust, smoke, unsightly appearance, or other effects that may be detrimental to other Land Uses adjacent or nearby a Designated Non-Residential District. Exceptions Notwithstanding any other provision of this Bylaw to the contrary, a Grain Elevator and Grain Handling Facility may be constructed in that portion of NW 27- 50-6-W4 lying to the south of the Canadian National Railways right-of-way to a maximum height of 72 m (236.2 ft.), together with Uses accessory to a Grain Elevator and a Grain Handling Facility. As a condition of the approval of a Development Permit for such a facility, the Development Authority may impose such conditions pursuant to Section 7.2.1, which in its discretion are necessary to allow the Vermilion Airport to continue to function. Maximum Mixed-Use Residential Density 10 Units per ha (24.7 DUA) Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.2.3 Commercial (C1) District County of Vermilion River 299 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.2.4 Commercial - General (CG) District County of Vermilion River 300 Land Use Bylaw 19-02 COMMERCIAL - GENERAL (CG) DISTRICT The Purpose of this District is to provide for a broad mix of Commercial Uses that have large Site requirements, are oriented to higher classification Roadways, and provide services to the entire County and surrounding area. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River as designated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Amusement Establishment, Indoor Adult Entertainment Establishment Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses. Business Support Services Establishment Adult Use Other existing Uses limited to: non- conforming. Commercial Storage Animal Hospital Animal Hospital limited to small animals. Commercial Use Amusement Establishment, Outdoor Commercial Use limited to: greater than 5,000 sq. ft. with retail outlet, including Manufacturing, assembling, fabricating, processing, packing, repairing, or storage of goods, which have not been declared a Nuisance and provided these Uses shall not cause: Unreasonable dissemination of dust, smoke, visible gases, or noxious gases, fumes, noise, vibration, or odour beyond the boundaries of the Site on which the Use is conducted; Hazard of fire, explosion, or other physical damage to adjacent structures or vegetation. Drive-In Business Automotive and Recreational Vehicle Sales/Rentals Establishment Eating and Drinking Establishment Bed and Breakfast Establishments 6.0 Land Use Districts Regulations 6.2.4 Commercial - General (CG) District County of Vermilion River 301 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Entertainment Establishment Campground Equipment Rental Establishment Cannabis Accessory Store General Retail Establishment Existing Dwellings, as of the date of the approval of this Bylaw Government Services Licensed Medical Cannabis Clinic Highway Commercial Use Licensed Cannabis Retail Establishment Home Occupations, Major Liquor Sales and Storage Establishment Home Occupations, Minor Outdoor Storage Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. Hotel Public or Quasi-Public Buildings and Uses Institutional Uses Public Utilities and Public Utility Buildings Intensive Agriculture Shooting Range, Indoor Mixed-Use Development Recreational Vehicle Campground Motel Recreational Vehicle Campground, Seasonal Office Use Recreational Vehicle Park Office use limited to: Business and Professional Services uses ancillary to the Main Use. Recreation Facility, Indoor Signs Recreation Services, Indoor Veterinary Clinic Veterinary Clinic Use limited to: small animals. Religious Assembly Wireless Communications Facility 6.0 Land Use Districts Regulations 6.2.4 Commercial - General (CG) District County of Vermilion River 302 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Service Station Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. Warehouse Sales Establishment Warehouse Sales Establishment limited to: more than 75% of sales are wholesale. Buildings and Uses accessory to Permitted Uses Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area Greater than 10 ac (4.05 ha) As required by the Development Authority Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an 6.0 Land Use Districts Regulations 6.2.4 Commercial - General (CG) District County of Vermilion River 303 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. For Sites Abutting a Residential District and not separated from that District by a Road or utility Lot - 1.5 m (5 ft.) For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height 10.5 m (34.5 ft.) Communications Towers, minimum 46 m (150 ft.) Except for where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Parking Parking and loading shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Vegetation The location of any shelterbelts shall be determined by the Development Authority 6.0 Land Use Districts Regulations 6.2.4 Commercial - General (CG) District County of Vermilion River 304 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Maximum Mixed- Use Residential Density 10 Units per ha (24.7 DUA) Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.2.4 Commercial - General (CG) District County of Vermilion River 305 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.2.5 Commercial - Limited (C2) District County of Vermilion River 306 Land Use Bylaw 19-02 COMMERCIAL - LIMITED (C2) DISTRICT Limited Commercial is intended to serve adjacent and connected Residential District(s). Limited Commercial Uses are smaller in scale and area than other Commercial Uses and provide for frequent shopping and service needs of nearby residents. The District is intended to provide locations for a wide range of small and medium sized businesses and services as a convenience to the neighbouring residential areas. Limited Commercial nodes shall develop as commercial clusters rather than a commercial strip and be limited in size up to 3 acres. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River so designated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Child Care Facility Bed and Breakfast Establishment Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses. Commercial Uses Boarding House Other existing Uses limited to: non- conforming. Day Care Facility Home Occupations, Major Eating and Drinking Establishment Home Occupations, Minor General Retail Establishment Household Repair Service Government Services Guest House Health Services Cannabis Accessory Store Institutional Uses Licensed Cannabis Retail Establishment Mixed-Use Development Liquor Sales and Storage Establishment Outdoor Storage Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. 6.0 Land Use Districts Regulations 6.2.5 Commercial - Limited (C2) District County of Vermilion River 307 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Office Use Public Park Office use limited to: Business and Professional Services uses ancillary to the Main Use. Personal Service Shop Service Stations Private Club Veterinary Clinic Veterinary Clinic Use limited to: small animals. Recreation Services, Indoor Wireless Communications Facility Buildings and Uses accessory to Permitted Uses Buildings and Uses accessory to Discretionary Uses Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. DEVELOPMENT REGULATIONS REGULATION PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area In accordance with the provisions of the adjacent District. As required by the Development Authority Except where the Lot is subject to: a Discretionary Use, a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the County's Municipal Development Plan respecting the Subdivision of fragmented areas. C2 nodes limited to: 3 ac (1.21 ha) 6.0 Land Use Districts Regulations 6.2.5 Commercial - Limited (C2) District County of Vermilion River 308 Land Use Bylaw 19-02 REGULATION PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Front Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for an irregular shaped Lot, which shall be ten percent (10%) of the mean Lot Width. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height In accordance with the provisions of Section 4.3 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Communications Towers, minimum 46 m (150 ft.) Except for where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Vegetation The location of any shelterbelts shall be determined by the Development Authority Maximum Mixed-Use Residential Density In accordance with the provisions of the designated or Abutting Land Use District. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.2.5 Commercial - Limited (C2) District County of Vermilion River 309 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.2.6 Industrial - Heavy (MH) District County of Vermilion River 310 Land Use Bylaw 19-02 INDUSTRIAL - HEAVY (MH) DISTRICT The Purpose of this District is to allow the Development of Heavy Industrial and Similar Uses [see "Heavy Industrial" under Section 4.7] that may require large areas of land, which may be considered unsuitable to be located in an urban area, and subordinate and associated Uses within industrial and manufacturing clusters within the County. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River so designated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Agri-Business Abattoirs Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses, not including Dwelling Units of any kind. Agricultural Industry Animal Hospital Other existing Uses limited to: non- conforming. Agricultural Production Auctioneering Establishment Agricultural Support Services Animal Breeding and/or Boarding Establishments Bulk Fuel Storage and Sales Auto Wrecker Compost Facility, Class I Cemetery Compost Facility, Class II Industrial Use, Medium Equipment Fabrication Institutional Uses Heavy Truck and Equipment Storage Intensive Agriculture Indoor Storage Natural Resource Extraction Industry Industrial and Manufacturing Park Office Use Office use limited to Business and Professional Services uses ancillary to the Main Use. 6.0 Land Use Districts Regulations 6.2.6 Industrial - Heavy (MH) District County of Vermilion River 311 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Industrial Use, Heavy Outdoor Storage Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. Industrial Vehicle and Equipment Sales/Rentals Establishment Protective and Emergency Services Kennel Public or Quasi-Public Buildings and Uses Natural Resource Extraction and Ground Disturbance Operations Public Utilities and Public Utility Buildings Landfill Recreational Uses Landfill, Class II Rural Commercial Uses Landfill, Class III Salvage Yard Licensed Cannabis Production Facility Service Station Licensed Cannabis or Industrial Hemp Processing, Storage, And Distribution Facility Solar Array Livestock Sales Yard Solar Collector, Ground Mount Manufacturing Solar Collector, Roof Mount Manufacturing Uses are limited pursuant to Section 4.7. Manure Storage Facility Stockpile Site Open Space Storage Site Transportation Facilities Sign Trucking and Cartage Establishment Veterinary Clinic Un-serviced Industrial Use Spur Rails 6.0 Land Use Districts Regulations 6.2.6 Industrial - Heavy (MH) District County of Vermilion River 312 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Un-serviced Industrial Park Wireless Communications Facility Work Camp Vehicle Repair Establishment Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. Warehouse Facilities Wind Energy Conversion System, Large Buildings and Uses accessory to Permitted Uses Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Unless a Variance under Section 2.13 has been granted. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area Greater than 10 ac (4.05 ha) As required by the Development Authority Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the County's Municipal Development Plan respecting the Subdivision of fragmented areas. 6.0 Land Use Districts Regulations 6.2.6 Industrial - Heavy (MH) District County of Vermilion River 313 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Maximum Site coverage 60% Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. At the discretion of the Development Authority, structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height 15.25 m (50 ft.) Communications Towers, minimum 46 m (150 ft.) Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. 6.0 Land Use Districts Regulations 6.2.6 Industrial - Heavy (MH) District County of Vermilion River 314 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Vegetation In Front Yards, all areas not covered with driveways or Parking Areas shall be landscaped to the satisfaction of the Development Authority. The location of any shelterbelts shall be determined by the Development Authority. Roads If a curb and gutter exist, all driveways, Parking Areas and storage areas shall be paved with asphalt or concrete for a minimum distance of 15 m (50 ft.) from the front line, plus 1.5 m (5 ft.) of concrete apron in from the curb and gutter. Notwithstanding any provisions to the contrary in this Bylaw, the designated Setbacks from Roadways in Table 1 and the minimum distances show in Figure 1, Section 4.2, apply to all Developments, at the discretion of the Development Authority. Restricted Uses The Development Authority may restrict, or may be subject to special regulations or conditions of approval, Uses that may produce, directly or indirectly, noise, odour, fumes, dust, smoke, unsightly appearance, or other effects that may be detrimental to other Land Uses adjacent or nearby a Designated Non-Residential District. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.2.6 Industrial - Heavy (MH) District County of Vermilion River 315 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.2.7 Industrial - Light (M1) District County of Vermilion River 316 Land Use Bylaw 19-02 INDUSTRIAL - LIGHT (M1) DISTRICT The Purpose of this District is to allow the Development of Light Industrial and Similar Uses [see "Light Industrial" under Section 4.7] that may require less extensive areas of land, which may be considered unsuitable to be located in an urban area, and subordinate and associated Uses within industrial and manufacturing clusters within the County. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River so designated on the Land Use District Map. PERMITTED USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Agri-Business Animal Hospital Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses, not including Dwelling Units of any kind. Amusement Establishment, Indoor Animal Breeding and/or Boarding Establishments Other existing Uses limited to: non- conforming. Amusement Establishment, Outdoor Automotive and Equipment Repair Shop, Heavy Automotive and Equipment Repair Shop, Light Bulk Fuel Storage and Sales Automotive and Recreational Vehicle Sales/Rentals Establishment Compost Facility, Class I Industrial Vehicle and Equipment Sales/Rentals Establishment Hotel Business Support Services Establishment Drinking Establishment Commercial Storage Drive-In Business Commercial Use Drive-In Restaurant Contractor Service, Limited Eating and Drinking Establishment 6.0 Land Use Districts Regulations 6.2.7 Industrial - Light (M1) District County of Vermilion River 317 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Equipment Rental Establishment Entertainment Establishment Government Services General Retail Establishment Health Services Household Repair Service Highway Commercial Use Institutional Uses Industrial and Manufacturing Park Library and Cultural Exhibit Industrial Use, Light Mixed-Use Development Indoor Storage Motel Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. Intensive Recreation Outdoor Storage Licensed Cannabis Production Facility Personal Service Shop Liquor Sales and Storage Establishment Private Club Manufacturing Uses are limited pursuant to Section 4.7. Manufacturing Protective and Emergency Services Office use limited to Business and Professional Services uses ancillary to the Main Use. Office Use Recreational Vehicle Storage Open Space Public Education Facility Recreational Use Public or Quasi-Public Building Religious Assembly Public or Quasi-Public Use Recycling Depot Public Park Recycling Drop-Off Public-Serving Recreation Area Rural Commercial Uses Public Utility Building Service Station 6.0 Land Use Districts Regulations 6.2.7 Industrial - Light (M1) District County of Vermilion River 318 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Recreation Facility, Indoor Shooting Range, Indoor Recreation Services, Indoor Shop Recreation, Passive Signs Storage, Indoor Solar Collector, Roof Mount Transportation Facilities Storage Site Un-serviced Industrial Use Wind Energy Conversion System, Micro Un-serviced Industrial Park Wireless Communications Facility Veterinary Clinic Work Camp Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. Warehouse Sales Establishment Buildings and Uses accessory to Discretionary Uses Warehouse Sales Establishment limited to: less than 75% of sales are wholesale. Warehouse Facilities Buildings and Uses accessory to Permitted Uses Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area Less than 5 ac (2.02 ha) As required by the Development Authority Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. 6.0 Land Use Districts Regulations 6.2.7 Industrial - Light (M1) District County of Vermilion River 319 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. Maximum Site coverage 60% Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. At the discretion of the Development Authority, structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height 15.25 m (50 ft.) Communications Towers, minimum 46 m (150 ft.) Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay 6.0 Land Use Districts Regulations 6.2.7 Industrial - Light (M1) District County of Vermilion River 320 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Vegetation In Front Yards, all areas not covered with driveways or Parking Areas shall be landscaped to the satisfaction of the Development Authority. The location of any shelterbelts shall be determined by the Development Authority Roads If a curb and gutter exist, all driveways, Parking Areas and storage areas shall be paved with asphalt or concrete for a minimum distance of 15 m (50 ft.) from the front line, plus 1.5 m (5 ft.) of concrete apron in from the curb and gutter. Notwithstanding any provisions to the contrary in this Bylaw, the designated Setbacks from Roadways in Table 1 and the minimum distances show in in Figure 1, Section 4.2, apply to all Developments, at the discretion of the Development Authority. Restricted Uses The Development Authority may restrict, or may be subject to special regulations or conditions of approval, Uses that may produce, directly or indirectly, noise, odour, fumes, dust, smoke, unsightly appearance, or other effects that may be detrimental to other Land Uses adjacent or nearby a Designated Non-Residential District. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.2.7 Industrial - Light (M1) District County of Vermilion River 321 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.2.8 Industrial - Medium (M) District County of Vermilion River 322 Land Use Bylaw 19-02 INDUSTRIAL - MEDIUM (M) DISTRICT The Purpose of this District is to allow the Development of Medium Industrial and Similar Uses [see "Medium Industrial" under Section 4.7] that may require relatively large areas of land, which may be considered unsuitable to be located in an urban area, and its Subordinate and associated Uses within industrial and manufacturing clusters within the County. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River as indicated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Agri-Business Animal Hospital Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses, not including Dwelling Units of any kind. Agricultural Support Services Animal Breeding and/or Boarding Establishments Other existing Uses limited to: non- conforming. Amusement Establishment, Indoor Automotive and Equipment Repair Shop, Heavy Amusement Establishment, Outdoor Automotive and Recreational Vehicle Sales/Rentals Establishment Commercial Storage Bed and Breakfast Establishment Commercial Use Boarding House Contractor Service, General Bulk Fuel Storage and Sales Drive-In Business Business Support Services Establishment Drive-In Restaurant Campground Equipment Fabrication Campsite 6.0 Land Use Districts Regulations 6.2.8 Industrial - Medium (M) District County of Vermilion River 323 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Equipment Rental Establishment Compost Facility, Class I General Retail Establishment Compost Facility, Class II Government Services Cemetery Greenhouse Highway Commercial Use Group Care Facility Industrial Use, Medium Health Services Indoor Storage Horticultural Development Industrial and Manufacturing Cluster Hotel Industrial Vehicle and Equipment Sales/Rentals Establishment Institutional Uses Manufacturing Intensive Agriculture Manufacturing Uses are limited pursuant to Section 4.7 Office Use Intensive Recreation Office use limited to Business and Professional Services uses ancillary to the Main Use. Open Space Kennel Public Park Licensed Cannabis Production Facility Public-Serving Recreation Area Licensed Cannabis or Industrial Hemp Processing, Storage, And Distribution Facility Public Utility Building Liquor Sales and Storage Establishment Public or Quasi-Public Building Livestock Sales Yard Public or Quasi-Public Use Motel 6.0 Land Use Districts Regulations 6.2.8 Industrial - Medium (M) District County of Vermilion River 324 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Recreational Vehicle Campground, Work Camp Natural Resource Extraction Industry Recreational Vehicle Storage Outdoor Storage Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. Recycling Depot Personal Service Shop Recycling Drop-Off Private Club Service Station Protective and Emergency Services Shooting Range, Indoor Public Education Facility Shop Public Education Facility Shooting Range, Indoor Recreation Camp Transportation Facilities Recreation Facility, Indoor Trucking and Cartage Establishment Recreation Services, Indoor Un-serviced Industrial Use Recreation, Passive Un-serviced Industrial Park Recreational Use Veterinary Clinic Recreational Vehicle Warehouse Facilities Recreational Vehicle Campground, Seasonal Warehouse Sales Establishment Religious Assembly Warehouse Sales Establishment limited to: less than 75% of sales are wholesale. Buildings and Uses accessory to Permitted Uses Restricted Extensive Recreational Use Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Unless a Variance under Section 2.13 has been granted. Rural Commercial Uses Stockpile Site 6.0 Land Use Districts Regulations 6.2.8 Industrial - Medium (M) District County of Vermilion River 325 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Storage Site Storage, Indoor Signs Vehicle Repair Establishment Wind Energy Conversion System, Small Wireless Communications Facility Work Camp Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size at the discretion of the Development Authority. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area Less than 10 ac (4.05 ha) Minimum 5 ac (2.02 ha) As required by the Development Authority Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the MDP respecting the Subdivision of fragmented areas. Maximum Site coverage 60% 6.0 Land Use Districts Regulations 6.2.8 Industrial - Medium (M) District County of Vermilion River 326 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. At the discretion of the Development Authority, structures constructed adjacent to existing similar Uses may be built without Side Yards where there is Lane access. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height 15.25 m (50 ft.) Communications Towers, minimum 46 m (150 ft.) Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. 6.0 Land Use Districts Regulations 6.2.8 Industrial - Medium (M) District County of Vermilion River 327 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Vegetation In Front Yards, all areas not covered with driveways or Parking Areas shall be landscaped to the satisfaction of the Development Authority. The location of any shelterbelts shall be determined by the Development Authority. Roads If a curb and gutter exist, all driveways, Parking Areas and storage areas shall be paved with asphalt or concrete for a minimum distance of 15 m (50 ft.) from the front line, plus 1.5 m (5 ft.) of concrete apron in from the curb and gutter. Notwithstanding any provisions to the contrary in this Bylaw, the designated Setbacks from Roadways in Table 1 and the minimum distances show in Figure 1, Section 4.2, apply to all Developments, at the discretion of the Development Authority. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.2.9 Industrial - Rural (RM) District County of Vermilion River 328 Land Use Bylaw 19-02 INDUSTRIAL - RURAL (RM) DISTRICT The Purpose of this District is to allow the Development of Rural Industrial Uses [for reference see "Heavy Industrial" under Section 4.7] that may require large areas of land, which may be considered unsuitable to be located in an urban area, and subordinate and associated Uses within the rural area. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River as designated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Agri-Business Abattoirs Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses, not including Dwelling Units of any kind. Agricultural Industry Accessory Living Quarters Other existing Uses limited to: non- conforming. Agricultural Production Animal Hospital Agricultural Support Services Auctioneering Establishment Bulk Fuel Storage and Sales Animal Breeding and/or Boarding Establishments Compost Facility, Class I Cemetery Compost Facility, Class II Institutional Uses Grain Handling Facility Intensive Agriculture Industrial Use, Heavy Landfill Industrial Use, Medium Landfill, Class II Industrial Vehicle and Equipment Sales/Rentals Establishment Landfill, Class III Kennel Licensed Cannabis Production Facility 6.0 Land Use Districts Regulations 6.2.9 Industrial - Rural (RM) District County of Vermilion River 329 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Natural Resource Extraction and Ground Disturbance Operations Licensed Cannabis or Industrial Hemp Storage, and Distribution Facility Livestock Sales Yard Licensed Industrial Hemp Production Facility Manure Storage Facility Manufacturing Manufacturing Uses are limited pursuant to Section 4.7 Rural Industry Natural Resource Extraction Industry Buildings and Uses accessory to Permitted Uses Office Use Office use limited to Business and Professional Services Uses ancillary to the Main Use. Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Unless a Variance under Section 2.13 has been granted. Outdoor Storage Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. Public or Quasi-Public Buildings and Uses Public Utilities and Public Utility Buildings Recreational Uses Rural Commercial Uses Signs Veterinary Clinic Warehouse Facilities Wind Energy Conversion System, Large 6.0 Land Use Districts Regulations 6.2.9 Industrial - Rural (RM) District County of Vermilion River 330 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Wind Energy Conversion System, Micro Wind Energy Conversion System, Small Wireless Communications Facility Work Camp Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area Greater than 10 ac (4.05 ha) As required by the Development Authority Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the County's Municipal Development Plan respecting the Subdivision of fragmented areas. Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. 6.0 Land Use Districts Regulations 6.2.9 Industrial - Rural (RM) District County of Vermilion River 331 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. At the discretion of the Development Authority, structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height 10.5 m (34.5 ft.) Communications Towers, minimum 46 m (150 ft.) Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay (Section 7.2.1) or where a Variance under Section 2.13 has been granted. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Vegetation The location of any shelterbelts shall be approved by the Development Authority 6.0 Land Use Districts Regulations 6.2.9 Industrial - Rural (RM) District County of Vermilion River 332 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Restricted Uses The Development Authority may restrict, or may be subject to special regulations or conditions of approval, Uses that may produce, directly or indirectly, noise, odour, fumes, dust, smoke, unsightly appearance, or other effects that may be detrimental to other Land Uses in or outside this District to particular areas of the District. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.2.9 Industrial - Rural (RM) District County of Vermilion River 333 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.2.10 Landfill, Composting, and Waste (LC-W) District County of Vermilion River 334 Land Use Bylaw 19-02 LANDFILL, COMPOSTING, AND WASTE (LC-W) DISTRICT The Purpose of this District is to regulate Landfill, composting, and Waste management and Wastewater facilities Development within the County. The interpretation of definitions of Uses in this District shall be consistent with their Use in the Alberta Environmental Protection and Enhancement Act, and the applicable regulations under that Act. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River so designated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Compost Facility, Class I Abattoirs Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses, not including Dwelling Units of any kind. Compost Facility, Class II Auto Wrecker Other existing Uses limited to: non- conforming. Landfill Cemetery Landfill, Class II Heavy Truck and Equipment Storage Landfill, Class III Intensive Agriculture Manure Storage Facility Indoor Storage Natural Resource Extraction and Ground Disturbance Operations Industrial and Manufacturing Cluster Public Utility Industrial Use, Heavy Public Utility Building Natural Resource Extraction Industry Recycling Depot Outdoor Storage Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. 6.0 Land Use Districts Regulations 6.2.10 Landfill, Composting, and Waste (LC-W) District County of Vermilion River 335 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Recycling Drop-Off Protective and Emergency Services Protective and Emergency Services limited to: Accessory Uses. Waste Management Facility Solar Array Wastewater Treatment Facility Salvage Yard Buildings and Uses accessory to Permitted Uses Sea Can Permitted Accessory Building and Uses maximum size: 60% of the Main Use area. Unless a Variance under Section 2.13 has been granted. Stockpile Site Storage Site Service Station (above ground fuel storage only) Signs Un-serviced Industrial Use Wind Energy Conversion System, Large Wireless Communications Facility Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area Minimum 371 sq. m (3993 sq. ft.) As required by the Development Authority Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or 6.0 Land Use Districts Regulations 6.2.10 Landfill, Composting, and Waste (LC-W) District County of Vermilion River 336 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. Maximum Site coverage 60% Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. At the discretion of the Development Authority, structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Maximum Height 10.5 m (34.5 ft.) Communications Towers, minimum 46 m (150 ft.) Except for where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. 6.0 Land Use Districts Regulations 6.2.10 Landfill, Composting, and Waste (LC-W) District County of Vermilion River 337 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Vegetation In Front Yards, all areas not covered with driveways or Parking Areas shall be landscaped to the satisfaction of the Development Authority. The location of any shelterbelts shall be determined by the Development Authority Roads If a curb and gutter exist, all driveways, Parking Areas and storage areas shall be paved with asphalt or concrete for a minimum distance of 15 m (50 ft.) from the front line, plus 1.5 m (5 ft.) of concrete apron in from the curb and gutter. Notwithstanding any provisions to the contrary in this Bylaw, the designated Setbacks from Roadways in Table 1 and the minimum distances show in in Figure 1, Section 4.2, apply to all Developments, at the discretion of the Development Authority. Discretionary Uses and Variances In consideration of a Development Permit for a Discretionary Use or for a Permitted Use where the Development does not comply with the regulations of this Bylaw, the Development Authority may, without in any way restricting his or her discretion, impose conditions on any approval requiring that the applicant and/or Developer: implement mitigating actions to reduce negative impact of the Development on the environment; enter into a Development agreement including those matters referred to in Section 5.7(9); implement recommendations contained in any Environmental Site Assessment to minimize the impact or risk from the proposed Development; and provide security satisfactory to the Development Authority to ensure the financial viability of the reclamation and closure plan. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.2.11 Reserves and Utility (RU) District County of Vermilion River 338 Land Use Bylaw 19-02 RESERVES AND UTILITY (RU) DISTRICT The purpose of the Reserves and Utility (RU) District is to: allow for the dedication and existence of Municipal Reserves in accordance with Section 665 and 666 of the Municipal Government Act, the Subdivision and Development Regulation, and County Policy. allow for the dedication and existence of Municipal and School Reserves in accordance with Section 666 of the Municipal Government Act, and the Subdivision and Development Regulation. allow for the dedication and existence of environmental reserves in accordance with Section 664 of the Municipal Government Act and the Subdivision and Development Regulation. allow for the dedication and existence of Conservation (Environmental) Reserves in accordance with Section 664.2(1) of the Municipal Government Act. allow for the dedication and existence of Public Utility Lots in accordance with Section 665 of the Municipal Government Act, Land Titles Act, and the Subdivision and Development Regulation. allow for the dedication and existence of Community Services Reserves in accordance with Section 616 of the Municipal Government Act. Transfer of reserves shall be in accordance with the provisions the Municipal Government Act. Municipal Reserves No development in any kind or form of land use will be allowed within Municipal Reserves unless such use is consistent with the Municipal Government Act and as prescribed in writing under this Bylaw, in accordance with County Policy. The County shall generally take the full amount (10%) of Municipal Reserves owing the time of Subdivision, in accordance with provincial legislation and County Policy. Municipal and School Reserves No development in any kind or form of land use will be allowed within Municipal School Reserves unless such use is consistent with the Municipal Government Act and as prescribed in writing under this Bylaw. The Subdivision Authority, at their discretion, may require the owner of a parcel of land that is the subject of a proposed Subdivision to provide Municipal and School 6.0 Land Use Districts Regulations 6.2.11 Reserves and Utility (RU) District County of Vermilion River 339 Land Use Bylaw 19-02 Reserve in the amount deemed appropriate, in accordance with the provisions under the Act, County Policy, and this Bylaw. Environmental Reserves & Easements Guidelines for Minimum Environmental Reserve/Easement Widths. In reference to Section 664 of the Municipal Government Act, recommended Environmental Reserve/Easement Widths where a boundary to a proposed Subdivision is a water body or watercourse are shown on Table 6. The County will require Environmental Reserves, an Environmental Reserve Easement or a combination thereof adjacent to bodies of water and lands containing significant environmental features. The amount of Reserves/Easement lands shall be at the discretion of the County and the Subdivision Authority who will normally base environmental reserve and environmental reserve Easement requirements on the following: 1. The Guidelines for Environmental Reserves and Environmental Reserve Easements established by Sustainable Resource Development (see Table 6); or 2. If the reserve/Easement amount is disputed by the proponent of a Development or Subdivision then the Developer may provide the County and the Subdivision Authority with a biophysical, engineering and/or geotechnical study, which indicates that an alternative reserve/Easement amount is appropriate for the subject Site. If the report from the engineer indicates that a lesser reserve/Easement would be suitable and/or provides mitigation recommendations, which if followed would allow for a lesser reserve/Easement area, then the Approving Authority may, at their sole discretion, approve a Subdivision with a lesser reserve/Easement area. Notwithstanding sub-paragraph (iii) above, additional reserves/Easements may be required by the County based on the recommendations of any engineering and/or geotechnical study provided for the subject Site. No Buildings of any kind shall be allowed within required Setback areas. Notwithstanding all of the above, the width of the required Development Setback shall be at the sole discretion of the Development Authority who will normally base Setback requirements on the following: 1. The Guidelines for Environmental Reserves and Environmental Reserve Easements established by Sustainable Resource Development (see Table 6); or 6.0 Land Use Districts Regulations 6.2.11 Reserves and Utility (RU) District County of Vermilion River 340 Land Use Bylaw 19-02 2. If this Setback amount is disputed by the proponent of a Development then the Developer may provide the approving Authority with a biophysical, engineering and/or geotechnical study, which indicates that an alternative Setback amount is appropriate for the subject Site. If the report from the engineer indicates that a lesser Setback would be suitable and/or provides mitigation recommendations, which if followed would allow for a lesser Setback, then the Approving Authority may, at their sole discretion, approve the Development with a lesser reserve/Easement area. Figure 11. Setbacks from Watercourses and Water Bodies. At the discretion of the Development Authority, the applicant for a Development Permit may be required to submit as part of a Development Permit application an assessment, prepared by a registered professional engineer practicing in Alberta, indicating the stability of the soils and slopes for the proposed Development and how sufficient stability for the Development can be ensured in order to determine the appropriate Setback distance and/or Site-specific Building requirements. If the report from the engineer indicates that a lesser Setback would be suitable and/or provides mitigation recommendations that, if followed, would allow for a lesser Setback then the Development Authority may, at their sole discretion, approve a Development with a lesser Setback. If the Development is approved with the lesser Setback, the Development Authority may require, as a condition of the approval of the permit, that the Developer 6.0 Land Use Districts Regulations 6.2.11 Reserves and Utility (RU) District County of Vermilion River 341 Land Use Bylaw 19-02 constructs those works or abide by those conditions necessary to ensure the stability of the soils and slopes as determined in the assessment. Applicants seeking Development approval must consider locations of abandoned wells, including Setback areas. The County of Vermilion River requires a minimum Setback of 100 meters from all abandoned wells for residential and public facility Developments. All other Development classifications will be required to use the lease area as the Setback guidelines. Any reclaimed wells require a 10-meter Setback from the well location. Access to reclaimed wells must be provided at all times in accordance with provincial regulations and preserve an unobstructed square, 20 ft x30 ft, footprint. Conservation (Environmental) Reserves No development in any kind or form of land use will be allowed Conservation (Environmental) Reserves unless such use is consistent with the Municipal Government Act and as prescribed in writing under this Bylaw. The Subdivision Authority, at their discretion, may require the owner of a parcel of land that is the subject of a proposed Subdivision to provide Conservation (Environmental) Reserves in the amount deemed appropriate, in accordance with the provisions under the Act, County Policy, and this Bylaw; if: 1. in the opinion of the subdivision authority, the land has environmentally significant features, 2. the land is not land that could be required to be provided as environmental reserve, 3. the purpose of taking the conservation reserve is to enable the municipality to protect and conserve the land, and 4. the taking of the land as conservation reserve is consistent with the municipality's municipal development plan and area structure plan. Within 30 days after the Registrar issues a new certificate of title under section 665(2) for a conservation reserve, the municipality must pay compensation to the landowner in an amount equal to the market value of the land at the time the application for subdivision approval was received by the subdivision authority. If the municipality and the landowner disagree on the market value of the land, the matter must be determined by the Land Compensation Board. Public Utility Lots allow for the Development of systems or works used to provide for public consumption, benefit, convenience, or use such as water, sewage disposal, public 6.0 Land Use Districts Regulations 6.2.11 Reserves and Utility (RU) District County of Vermilion River 342 Land Use Bylaw 19-02 transportation, irrigation, drainage, natural gas, fuel, electric power, heat, waste management, and telecommunications. The amount of Public Utility Lots shall be in accordance with provincial legislation requirements. Development Regulations minimum Front Setback shall be 6.0 m. minimum Rear Setback shall be 7.5 m. minimum Side Setback shall be 4.5 m. maximum building Height shall be 10.5 m (34.5 ft.). Communications Towers, minimum 46 m (150 ft.) Community Services Reserve Community Services Reserves (CSR) will only apply to the building envelope portion of municipal or school reserves where the school board declares that it no longer requires the site for school purposes. CSR lands can be used for Community services reserve may be used for any or all of the following purposes: 1. a public library; 2. a police station, a fire station or an ambulance services facility, or a combination of them; 3. a non-profit day care facility; 4. a non-profit senior citizens facility; 5. a non-profit special needs facility; 6. a municipal facility providing service directly to the public; or 7. affordable housing. 6.0 Land Use Districts Regulations 6.2.11 Reserves and Utility (RU) District County of Vermilion River 343 Land Use Bylaw 19-02 Table 6. Sustainable Resource Development Recommended Guidelines for Minimum Environmental Reserve/Easement Widths. Width 6.0 Land Use Districts Regulations 6.2.12 Parks and Recreation (PR) District County of Vermilion River 344 Land Use Bylaw 19-02 PARKS AND RECREATION (PR) DISTRICT The Purpose of this District is to allow for Development of a variety of public and non-public Recreation Uses and parks, and their Subordinate and associated Uses. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River so designated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Campground Bed and Breakfast Establishment Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses Campsite Eating and Drinking Establishment Other existing Uses limited to: non- conforming. Extensive Recreation Government Services Eating and Drinking Establishment Greenhouse Government Services Health Services Horticultural Development Hotel Intensive Recreation Institutional Uses Library and Cultural Exhibit Motel Natural Recreation Use Recreation Facility, Indoor Open Space Recreation Services, Indoor Protective and Emergency Services Restricted Extensive Recreational Use Public or Quasi-Public Use Recreational Vehicle Campground Public Park Recreational Vehicle Campground, Seasonal Public-Serving Recreation Area Shooting Range, Outdoor 6.0 Land Use Districts Regulations 6.2.12 Parks and Recreation (PR) District County of Vermilion River 345 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Recreation Camp Signs Recreational Use Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. Buildings and Uses accessory to Permitted Uses Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Unless a Variance under Section 2.13 has been granted. DEVELOPMENT REGULATIONS REGULATION PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area Minimum 371 sq. m (3993 sq. ft.) As required by the Development Authority Except where the Lot is subject to: a Discretionary Use, a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. 6.0 Land Use Districts Regulations 6.2.12 Parks and Recreation (PR) District County of Vermilion River 346 Land Use Bylaw 19-02 REGULATION PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for an irregular shaped Lot, which shall be ten percent (10%) of the mean Lot Width. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height 20 m (65.6 ft.) Communications Towers, minimum 46 m (150 ft.) Except for where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Vegetation The location of any shelterbelts shall be determined by the Development Authority. All lands within the Parks and Recreation District shall be landscaped and Fenced to the satisfaction of the Development Authority. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.2.12 Parks and Recreation (PR) District County of Vermilion River 347 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.3.1 Country Residential - Agriculture (CR-A) District County of Vermilion River 348 Land Use Bylaw 19-02 RESIDENTIAL DISTRICTS COUNTRY RESIDENTIAL - AGRICULTURE (CR-A) DISTRICT The Purpose of this District is to accommodate Single-Lot and Farmstead Separations within the Agricultural (A) District, where more than 4.06 ha (10.1 ac) is required to encompass all amenities related to the Farmstead for subordinate agricultural Uses in connection with an existing Agricultural Operation. Additional provisions apply to lands within the Agriculture Preservation Area (APA) and Environmentally Sensitive Area (ESA) Overlays. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River so designated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Agricultural Operation Existing Dwellings, as of the date of the approval of this Bylaw Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses. Residential Uses limited to: maximum one Main Unit per title. Farming Operations Animal Breading and/or Boarding Facility Other existing Uses limited to: non- conforming. Farm Residence Bed and Breakfast Establishments Farm Residence: one Main Unit per unsubdivided quarter section. Bed and Breakfast Use limited to: maximum of six rooms. Farmstead Boarding House Boarding House Use limited to: maximum of eight guests. Secondary Suites and Secondary Dwelling Units Contractor Service, Limited Secondary Units: one accessory Unit per main Unit within an unsubdivided quarter section. Buildings and Uses Accessory to Permitted Uses Day Homes Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. 6.0 Land Use Districts Regulations 6.3.1 Country Residential - Agriculture (CR-A) District County of Vermilion River 349 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Family Care Facilities Group Care Facilities Group Homes Guest Ranch Horticultural Development Household Repair Service Intensive Recreation Institutional Uses Home Occupations, Major Home Occupations, Minor Horticultural Development Intensive Agriculture Office Use Office use limited to Accessory Use to Home Occupation Uses. Personal Service Shop Public education facilities Public or Quasi-Public Buildings and Uses Recreational Buildings and Uses Recreational Buildings and Uses limited to: Parks and playgrounds. Sea Cans Signs Signs limited to: Accessory to Home Occupation Uses. Wireless Communications Facility Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. 6.0 Land Use Districts Regulations 6.3.1 Country Residential - Agriculture (CR-A) District County of Vermilion River 350 Land Use Bylaw 19-02 DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area Minimum 4.06 ha (10.1 ac); Maximum 10.1 ha (25.0 ac) of developable land (i.e., land which does not include sloughs, draws, gulleys, lands with high water table, or other lands that would not normally be suitable for residential Development) All other Uses, as required by the Development Authority Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the County's Municipal Development Plan respecting the Subdivision of fragmented areas. Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. At the discretion of the Development Authority, structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. For Sites Abutting a Residential District and not separated from that District by a Road or utility Lot - 1.5 m (5 ft.) For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. 6.0 Land Use Districts Regulations 6.3.1 Country Residential - Agriculture (CR-A) District County of Vermilion River 351 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height In accordance with the provisions of Section 4.2 of this Bylaw. Communications Towers, minimum 46 m (150 ft.) Except for where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Setbacks Stables, barn, and manure storage: 60 m (200 ft.) from all Property Lines. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Subject to the Additional Provisions in Sub-section 1.1.1 and Sub-section 7.2.2, where applicable. Keeping horses Provided it is not for profit or as a business: (a) There shall be a minimum Parcel size of 0.8 ha (2 ac.) for one (1) horse. (b There shall be one (1) additional acre of open space unrestricted from any structure or man-made development for each additional horse. Provided it is for profit or as a business (e.g., Boarding Stable, Ridding Arena): There shall be a minimum Parcel size of 4.06 ha (10.1 ac) of open space. Outdoor Storage No Outdoor Storage of articles, goods, materials, finished or semi-finished products, incinerators, storage tanks, Refuse containers or like equipment shall be permitted unless such items are completely screened by fencing or structural enclosures. Vegetation The location of any shelterbelts shall be approved by the Development Authority Additional Regulations In accordance with the provisions of Section 4.7of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.3.2 Country Residential - Multi-Lot (CR-M) District County of Vermilion River 352 Land Use Bylaw 19-02 COUNTRY RESIDENTIAL - MULTI-LOT (CR-M) DISTRICT The Purpose of this District is to allow multi-Lot country residential Conservation Development on large Lots on which, at the discretion of the Development Authority, Major Home Occupations may be allowed that would not typically be allowed in the other Residential Districts. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River so designated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Residential Use Dwelling, Modular or Ready- To-Move Dwelling, Single-Family or Dwelling, Single-Detached Existing Dwellings, as of the date of the approval of this Bylaw Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses Residential Uses limited to: maximum one Main Unit per title. Manufactured Home Community Bed and Breakfast Establishments Other existing Uses limited to: non- conforming. Beas and Breakfast Use limited to: maximum of three rooms. Boarding House Boarding House Use limited to: maximum of three guests. Child Care Facility Contractor Service, Limited Day Care Facility Day Homes Family care facilities Group care facilities Group Homes Household Repair Service Home Occupations, Major Secondary Suites and Secondary Dwelling Units Home Occupations, Minor Secondary Units: one Unit per main Unit on a single Lot or Parcel. 6.0 Land Use Districts Regulations 6.3.2 Country Residential - Multi-Lot (CR-M) District County of Vermilion River 353 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Horticultural Development Solar Collector, Roof Mount Intensive Agriculture Buildings and Uses Accessory to Permitted Uses Office Use Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Office use limited to Accessory Use to Home Occupation Uses. Recreational Buildings and Uses Recreational Buildings and Uses limited to: Parks and playgrounds. Signs Signs limited to: Accessory to Home Occupation Uses. Solar Collector, Ground Mount Wind Energy Conversion System, Micro Wind Energy Conversion System, Small Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: the discretion of the Development Authority. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area Residential Uses: Minimum 0.4 ha (1 ac.); Maximum 2.0 ha (5 ac.) of developable land (i.e., land which does not include sloughs, draws, gulleys, lands with high water table, or other lands that would not All other Uses, as required by the Development Authority Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. 6.0 Land Use Districts Regulations 6.3.2 Country Residential - Multi-Lot (CR-M) District County of Vermilion River 354 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS normally be suitable for residential Development) the Subdivision of any fragmented area shall be governed by the policies in the County's Municipal Development Plan respecting the Subdivision of fragmented areas. Minimum Front Yard In accordance with the provisions of Section 4.3 of this Bylaw. Except for provincial Highways, which are subject to Alberta Transportation regulations. Minimum Side Yard In accordance with the provisions of Section 4.3 of this Bylaw. At the discretion of the Development Authority, structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. Minimum Rear Yard In accordance with the provisions of Section 4.3 of this Bylaw. Maximum Height In accordance with the provisions of Section 4.3 of this Bylaw. Communications Towers, maximum 46 m (150 ft.) Except for where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Maximum Site Coverage In accordance with the provisions of Section 3.5 of this Bylaw. Stables, Barn, and Manure Storage Setbacks 60 m (200 ft.) from all Property Lines. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Density Bonus In accordance with the provisions of Section 4.18 of this Bylaw or an 6.0 Land Use Districts Regulations 6.3.2 Country Residential - Multi-Lot (CR-M) District County of Vermilion River 355 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS approved Site Development Plan or Area Structure Plan. Keeping horses Provided it is not for profit or as a business: There shall be a minimum Parcel size of 0.8 ha (2 ac.) for one (1) horse. There shall be one (1) additional acre of open space, unrestricted from any structure or man-made development for each additional horse. Provided it is for profit or as a business (e.g., Boarding Stable, Riding Arena): There shall be a minimum Parcel size of 4.06 ha (10.1 ac) of open space. Vegetation The location of any shelterbelts shall be determined by the Development Authority Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.3.3 Country Residential - Single-Lot (CR-S) District County of Vermilion River 356 Land Use Bylaw 19-02 COUNTRY RESIDENTIAL - SINGLE-LOT (CR-S) DISTRICT The Purpose of this District is to accommodate incremental single-Lot country residential Development as to encourage the Development of rural areas in a coordinated and orderly manner. This District is established in recognition of the existence of substantial areas of the County presently committed to a form of Development characterized by rural non-farm Uses, which are mostly residential in kind. This District is also intended to protect the Use of land adjoining Roads passing through rural portions of the county against strip Development, in favour of a more sustainable pattern of Development both, socially and economically. District regulations are designed to permit only those Land Uses that are compatible with existing and future rural, non-farm, Residential Uses. Additional provisions apply to lands within the Agriculture Preservation Area (APA) and Environmentally Sensitive Area (ESA) Overlays. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River so designated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Farmstead Existing Dwellings, as of the date of the approval of this Bylaw Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses. Residential Use Dwelling, Modular or Ready- To-Move Dwelling, Single-Family or Dwelling, Single-Detached Bed and Breakfast Establishments Other existing Uses limited to: non- conforming. Bed and Breakfast Use limited to: maximum of three rooms. Residential Uses limited to: maximum one Main Unit per title. Manufactured Home Boarding House Boarding House Use limited to: maximum of three guests. Secondary Suites and Secondary Dwelling Units Child Care Facility Secondary Units: one Unit per Main Unit on a single Lot or Parcel. Solar Collector, Roof Mount Contractor Service, Limited Wind Energy Conversion System, Small Day Care Facility 6.0 Land Use Districts Regulations 6.3.3 Country Residential - Single-Lot (CR-S) District County of Vermilion River 357 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Buildings and Uses Accessory to Permitted Uses Day Homes Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Family care facilities Greenhouse Group care facilities Group Homes Home Occupations, Major Home Occupation Major limited to: Business and Services Uses. Home Occupations, Minor Household Repair Service Horticultural Development Intensive Agriculture Institutional Uses Institutional Use limited to: less than ten patrons. Office Use Office use limited to Accessory Use to Home Occupation Uses. Recreational Buildings and Uses Recreational Buildings and Uses limited to: Parks and playgrounds. Signs Signs limited to: Accessory to Home Occupation Uses. Solar Collector, Ground Mount Buildings and Uses Accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area Agricultural & Residential Uses: All other Uses, as required by the Except where the Lot is subject to: 6.0 Land Use Districts Regulations 6.3.3 Country Residential - Single-Lot (CR-S) District County of Vermilion River 358 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Development Authority a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the County's Municipal Development Plan respecting the Subdivision of fragmented areas. Minimum Floor Areas Single Detached Dwellings - 84 sq. m (900 sq. ft.) All other Uses, as required by the Development Authority Minimum Front Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. Minimum Side Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved Site Development Plan or Area Structure Plan. At the discretion of the Development Authority, structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. Minimum Rear Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Maximum Height In accordance with the provisions of Section 4.3 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Communications Towers, maximum 46 m (150 ft.) Except for where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Stables, Barn, and Manure Storage Setbacks 60 m (200 ft.) from all Property Lines. Minimum 0.81 ha (2 ac.); Maximum 4.06 ha (10.1 ac) of developable land (i.e., land which does not include sloughs, draws, gulleys, lands with high water table, or other lands that would not normally be suitable for residential Development) Amended by Bylaw 26-01 6.0 Land Use Districts Regulations 6.3.3 Country Residential - Single-Lot (CR-S) District County of Vermilion River 359 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Subject to the Additional Provisions in Sub-section 1.1.1 and Sub-section 7.2.2, where applicable. Density Bonus In accordance with the provisions of Section 4.18 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Keeping horses Provided it is not for profit or as a business use: (a) There shall be a minimum Parcel size of 0.8 ha (2 ac.) for one (1) horse. (b) There shall be one (1) additional acre of open space, unrestricted from any structure or man-made development for each additional horse. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Outdoor Storage No Outdoor Storage of articles, goods, materials, finished or semi-finished products, incinerators, storage tanks, Refuse containers or like equipment shall be permitted unless such items are completely screened by fencing or structural enclosures. Vegetation The location of any shelterbelts shall be determined by the Development Authority Maximum Mixed-Use Residential Density 10 Units per ha (24.7 DUA) Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.3.4 Residential - Low Density (R) District County of Vermilion River 360 Land Use Bylaw 19-02 RESIDENTIAL - LOW DENSITY (R) DISTRICT The Purpose of this District is to allow for low-Density multi-Lot residential Conservation Development on large Lots on which, at the discretion of the Development Authority, compatible Minor Home Occupations may be allowed. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River so designated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Manufactured Home Existing Dwellings, as of the date of the approval of this Bylaw Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses. Protective and Emergency Services Bed and Breakfast Establishments Other existing Uses limited to: non- conforming. Bed and Breakfast Use limited to: maximum of three rooms. Public Education Facility Boarding House Boarding House Use limited to: maximum of three guests. Public or Quasi-Public Building/Use Child Care Facility Public Park Contractor Service, Limited Public-Serving Recreation Area Day Care Facility Public Utility/Building Day Homes Public Utility Use limited to: required to serve the immediate area. Public Education Facility Family care facilities Residential Use Dwelling, Cohousing Dwelling, Duplex Dwelling, Modular or Ready-To-Move Dwelling, Semi-Detached Home Occupations, Minor Residential Uses limited to: maximum one Main Unit per title. 6.0 Land Use Districts Regulations 6.3.4 Residential - Low Density (R) District County of Vermilion River 361 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Dwelling, Single-Family or Dwelling, Single- Detached Secondary Suites and Secondary Dwelling Units Horticultural Development Secondary Units: one Unit per Main Unit on a single Lot or Parcel. Buildings and Uses accessory to Permitted Uses Manufactured Home Community Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Office Use Office use limited to Accessory Use to Home Occupation Uses. Solar Collector, Roof Mount Wind Energy Conversion System, Micro Recreational Buildings and Uses Recreational Buildings and Uses limited to: Parks and playgrounds. Sign Signs limited to: Accessory to Home Occupation Uses. Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area 550 sq. m (5,920 sq. ft.) As required by the Development Authority or an approved Area Structure Plan or Site Development Plan. Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. 6.0 Land Use Districts Regulations 6.3.4 Residential - Low Density (R) District County of Vermilion River 362 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS the Subdivision of any fragmented area shall be governed by the policies in the MDP respecting the Subdivision of fragmented areas. Minimum Lot Width 15.25 m (50 ft.) As required by the Development Authority Minimum Floor Areas 1 Storey: 97.5 sq. m (1050 sq. ft.) 1½ Storey: 97.5 sq. m (1050 sq. ft.) for the main floor. 2 Storeys: 111.5 sq. m (1200 sq. ft.), provided the first Storey has an area of at least 74.3 sq. m (800 sq. ft.) All other Uses, as required by the Development Authority Minimum Front Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved or an approved Site Development Plan or Area Structure Plan. At the discretion of the Development Authority, structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. Lots with Lane Access require a Side Yard clearance of 3 m (9.84 ft). In the case of an attached Garage, a rear door 6.0 Land Use Districts Regulations 6.3.4 Residential - Low Density (R) District County of Vermilion River 363 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS with a minimum width of 2.7 m (8.86 ft.) and a height 2.1 m (6.89 ft.) is required. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Irregular Lots In accordance with the provisions of Section 4.3 of this Bylaw or an approved or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Site Coverage In accordance with the provisions of Section 3.5 of this Bylaw. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height 10.5 m (34.5 ft.) or 2 ½ Storeys Communications Towers, maximum 46 m (150 ft.) Except for where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Density Bonus In accordance with the provisions of Section 4.18 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Vegetation The location of any shelterbelts shall be determined by the Development Authority 6.0 Land Use Districts Regulations 6.3.4 Residential - Low Density (R) District County of Vermilion River 364 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Fencing Required along the Yards of Lots or Parcels adjacent to a park or Municipal Reserve Lot. Outdoor Storage No Outdoor Storage of articles, goods, materials, finished or semi-finished products, incinerators, storage tanks, Refuse containers or like equipment shall be permitted unless such items are completely screened by fencing or structural enclosures from adjacent sites and public thoroughfares, excluding lanes. Maximum Mixed-Use Residential Density 15 Units per acre (37 Units per hectare) Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.3.4 Residential - Low Density (R) District County of Vermilion River 365 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.3.5 Residential - Medium Density (R1) District County of Vermilion River 366 Land Use Bylaw 19-02 RESIDENTIAL - MEDIUM DENSITY (R1) DISTRICT The Purpose of this District is to allow for medium-Density, multi-Lot residential Conservation Development, which encourages a balanced mix of housing types from single-family to multi- family, with compatible Minor Home Occupations and associated Subordinate Uses which, at the discretion of the Development Authority, may be allowed. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River so designated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Manufactured Home Existing Dwellings, as of the date of the approval of this Bylaw. Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses. Other existing Uses limited to: non- conforming. Manufactured Home Community Boarding House Boarding House Use limited to: maximum of three guests. Protective and Emergency Services Child Care Facility Public Education Facility Day Care Facility Public or Quasi-Public Building/Use Day Homes Public Park Family care facilities Public-Serving Recreation Area Home Occupations, Minor Public Utility/Building Horticultural Development Public Utility Use limited to: required to serve the immediate area. Public Education Facility Office Use Office use limited to Accessory Use to Home Occupation Uses. Residential Use Dwelling, Cohousing Dwelling, Duplex Solar Collector, Roof Mount Residential Uses limited to: maximum one Main Unit per title. 6.0 Land Use Districts Regulations 6.3.5 Residential - Medium Density (R1) District County of Vermilion River 367 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Dwelling, Fourplex Dwelling, Modular or Ready-To-Move Dwelling, Single-Family or Dwelling, Single-Detached Dwelling, Row Housing Secondary Suites and Secondary Dwelling Units Wind Energy Conversion System, Micro Secondary Units: one Unit per Main Unit on a single Lot or Parcel. Buildings and Uses accessory to Permitted Uses Recreational Buildings and Uses Recreational Buildings and Uses limited to: Parks and playgrounds. Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Signs Signs limited to: Accessory to Home Occupation Uses. Buildings and Uses accessory to Discretionary Uses Permitted Accessory Building and Uses maximum size: at the discretion of the Development Authority. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area 372 sq. m (4,005 sq. ft.) All other Uses, as required by the Development Authority. Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the MDP respecting the Subdivision of fragmented areas. 6.0 Land Use Districts Regulations 6.3.5 Residential - Medium Density (R1) District County of Vermilion River 368 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Width 15.25 m (50 ft.) As required by the Development Authority. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Floor Areas 1 Storey: 84 sq. m (904 sq. ft.) 1½ Storey: 93 sq. m (1001 sq. ft.) for the main floor. 2 Storeys: 111.5 sq. m (1200 sq. ft.), provided the first Storey has an area of at least 74 sq. m (796 sq. ft.) All other Uses, as required by the Development Authority For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Site Coverage In accordance with the provisions of Section 3.5 of this Bylaw. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Front Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved or an approved Site Development Plan or Area Structure Plan. At the discretion of the Development Authority, structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. Lots with Lane Access require a Side Yard clearance of 3 m (9.84 ft.). In the case of an attached garage, a rear door with a minimum width of 2.7m (8.86ft), and a height 6.0 Land Use Districts Regulations 6.3.5 Residential - Medium Density (R1) District County of Vermilion River 369 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS 2.1 m (6.89 ft.) is required. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Irregular Lots In accordance with the provisions of Section 4.3 of this Bylaw or an approved or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Site Coverage In accordance with the provisions of Section 3.5 of this Bylaw. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height 10.5 m (34.5 ft.) or 2 ½ Storeys Communications Towers, maximum 46 m (150 ft.) Except for where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Density Bonus In accordance with the provisions of Section 4.18 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Vegetation The location of any shelterbelts shall be approved by the Development Authority. Fencing Required along the Yard Lines of Lots or Parcels adjacent to a park or Municipal Reserve Lot. 6.0 Land Use Districts Regulations 6.3.5 Residential - Medium Density (R1) District County of Vermilion River 370 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Outdoor Storage No Outdoor Storage of articles, goods, materials, finished or semi-finished products, incinerators, storage tanks, Refuse containers or like equipment shall be permitted unless such items are completely screened by fencing or structural enclosures from adjacent sites and public thoroughfares, excluding lanes. Maximum Mixed-Use Residential Density 15 Units per acre (37 Units per hectare) Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.3.5 Residential - Medium Density (R1) District County of Vermilion River 371 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.3.6 Residential - High Density (R2) District County of Vermilion River 372 Land Use Bylaw 19-02 RESIDENTIAL - HIGH DENSITY (R2) DISTRICT The Purpose of this District is to allow for high-Density, multi-Lot residential Conservation Development, which encourages a balanced mix of housing types from single-family to multi- family, with compatible Minor Home Occupations and associated Subordinate Uses which, at the discretion of the Development Authority, may be allowed. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River so designated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Day Homes Existing Dwellings, as of the date of the approval of this Bylaw. Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses. Other existing Uses limited to: non- conforming. Family Care Facility Boarding House Boarding House Use limited to: maximum of three guests. Manufactured Home Child Care Facility Manufactured Home Community Day Care Facility Protective and Emergency Services Day Homes Public Education Facility Family care facilities Public or Quasi-Public Building/Use Home Occupations, Minor Public Park Office Use Office use limited to Accessory Use to Home Occupation Uses. Public-Serving Recreation Area Group Care Facility Public Utility Use limited to: required to serve the immediate area. Public Utility/Building Group Care Facility Public Education Facility Guest House Guest House Use limited to: maximum of three guests. 6.0 Land Use Districts Regulations 6.3.6 Residential - High Density (R2) District County of Vermilion River 373 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Residential Use Dwelling, Apartment Dwelling, Cohousing Home, Group Residential Uses limited to: maximum one Main Unit per title. Dwelling, Duplex Dwelling, Fourplex Dwelling, Modular or Ready-To-Move Dwelling, Multi-Family Dwelling, Single-Family or Dwelling, Single- Detached Dwelling, Row Housing Horticultural Development Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Buildings and Uses accessory to Permitted Uses Recreational Buildings and Uses Recreational Buildings and Uses limited to: Parks and playgrounds. Signs Signs limited to: Accessory to Home Occupation Uses. Secondary Suites and Secondary Dwelling Units Secondary Units: one Unit per Main Unit on a single Lot or Parcel. Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area 372 sq. m (4,005 sq. ft.) All other Uses, as required by the Development Authority. Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. 6.0 Land Use Districts Regulations 6.3.6 Residential - High Density (R2) District County of Vermilion River 374 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS the Subdivision of any fragmented area shall be governed by the policies in the MDP respecting the Subdivision of fragmented areas. Minimum Floor Areas 83.6 sq. m (900 sq. ft.) per Unit All other Uses, as required by the Development Authority. Minimum Front Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved or an approved Site Development Plan or Area Structure Plan. At the discretion of the Development Authority, structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. Lots with Lane Access require a Side Yard clearance of 3 m (9.84 ft). In the case of an attached Garage, a rear door with a minimum width of 2.7 m (8.86 ft.) and a height 2.1 m (6.89 ft.) is required. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.3 of this Bylaw or an approved or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Irregular Lots In accordance with the provisions of Section 4.3 of this Bylaw or an approved or an approved Site Development Plan or For Multi-Lot Developments: in accordance with an approved Site 6.0 Land Use Districts Regulations 6.3.6 Residential - High Density (R2) District County of Vermilion River 375 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Area Structure Plan. Development Plan or Area Structure Plan. Maximum Site Coverage In accordance with the provisions of Section 3.5 of this Bylaw. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height 11 m (36 ft.) or 3 Storeys Communications Towers, maximum 46 m (150 ft.) Except for where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Density Bonus In accordance with the provisions of Section 4.18 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Row Housing Minimum Lot At the discretion of the Development Authority, who shall have regard for the amenities of the neighbourhood in which the Site is located, and all other applicable regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Density 15 Units per acre (37 Units per hectare) Additional Requirements Each Dwelling Unit shall have an outdoor living area immediately adjacent to it and accessible to it via an entranceway. The minimum depth of this area shall be 7.6 m (25 ft.). Within this area, there shall be a privacy zone measuring a minimum of 4.5 m (14.75 ft.) in depth, contained by a Fence with a minimum height of 1.5 m (5 ft.). 6.0 Land Use Districts Regulations 6.3.6 Residential - High Density (R2) District County of Vermilion River 376 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Apartments Minimum Lot Area 800 m2 (8611 sq. ft.) Landscaping Each Development shall provide, outside of required Side Yards, landscaped area on the basis of the following formula: for each bachelor Dwelling Unit - 18.5 m2 (200 sq. ft.) For each one-bedroom Dwelling Unit - 28.0 m2 (300 sq. ft.) For each two-bedroom Dwelling Unit - 70 m2 (750 sq. ft.) For each Dwelling Unit with three or more bedrooms - 93.0 m2 (1000 sq. ft.) Relating to Other Uses - at the discretion of the Development Authority Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Outdoor Storage No Outdoor Storage of articles, goods, materials, finished or semi-finished products, incinerators, storage tanks, Refuse containers or like equipment shall be permitted unless such items are completely screened by fencing or structural enclosures from adjacent sites and public thoroughfares, excluding lanes. Vegetation The location of any shelterbelts shall be approved by the Development Authority Fencing Required along the Yard Lines of Lots or Parcels adjacent to a park or Municipal Reserve Lot. Maximum Mixed-Use Residential Density 20 Units per acre (49 Units per hectare) Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.3.6 Residential - High Density (R2) District County of Vermilion River 377 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.3.7 Residential - Multi-Family/Multi-Unit (R3) District County of Vermilion River 378 Land Use Bylaw 19-02 RESIDENTIAL - MULTI-FAMILY/MULTI-UNIT (R3) DISTRICT The Purpose of this District is to: Provide the opportunity for the Development of serviced and un-serviced Residential Multi-Unit Uses, and associated Subordinate Uses, within Residential Districts that allow for Manufactured Home Community as a Permitted or Discretionary Use. Provide affordable housing stock by allowing for the provision of Inclusionary Housing, consistent with the provisions under Section 5.11 of this Bylaw and provincial regulations, as applicable; Ensure that new Units are in harmony with developed neighbourhoods; and Allow Secondary Suites and Secondary Dwelling Units as a Subordinate Use to Single- Unit Dwellings, consistent with provincial regulations and Secondary Suite Standards, at the discretion of the Subdivision and/or Development Authority. DISTRICT BOUNDARIES This District comprises all the land in the County of Vermilion River so designated on the Land Use District Map. PERMITTED AND DISCRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Common Property Backyard Cottage Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses. Backyard Cottage Use limited to: Mobile Home. Other existing Uses limited to: non- conforming. Manufactured Home Child Care Facility Manufactured Home Community Commercial Use Commercial Use limited to: Uses within the C2 District. Protective and Emergency Services Day Care Facility 6.0 Land Use Districts Regulations 6.3.7 Residential - Multi-Family/Multi-Unit (R3) District County of Vermilion River 379 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Public Education Facility Day Homes Public or Quasi-Public Building/Use Existing Dwellings, as of the date of the approval of this Bylaw Public Park Family care facilities Public-Serving Recreation Area Home Occupations, Minor Public Utility/Building Horticultural Development Public Utility Use limited to: required to serve the immediate area. Public Education Facility Office Use Office use limited to Accessory Use to Home Occupation Uses. Residential Use Dwelling, Cohousing Dwelling, Modular or Ready-To-Move Dwelling, Semi-Detached Home, Manufactured Home, Mobile Home, Tiny Secondary Suites and Secondary Dwelling Units Residential Uses limited to: maximum one Main Unit per title. Secondary Units: one Unit per Main Unit on a single Lot or Parcel. Recreational Buildings and Uses Solar Collector, Roof Mount Recreational Buildings and Uses limited to: Parks and playgrounds. Buildings and Uses accessory to Permitted Uses Wind Energy Conversion System, Micro Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Signs Signs limited to: Accessory to Home Occupation Uses. Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. 6.0 Land Use Districts Regulations 6.3.7 Residential - Multi-Family/Multi-Unit (R3) District County of Vermilion River 380 Land Use Bylaw 19-02 DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area Communal water supply and sewage disposal facilities: 1.2 ha (3 ac.) All other Uses, as required by the Development Authority. Except where the Lot is subject to: a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the County's Municipal Development Plan respecting the Subdivision of fragmented areas, subject to an approved Site Development Plan. Minimum Front Yard In accordance with the provisions of Section 4.3 of this Bylaw, subject to an approved Site Development Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.3 of this Bylaw, subject to an approved Site Development Plan. At the discretion of the Development Authority, structures constructed adjacent to existing Similar Uses may be built without Side Yards where there is Lane access. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.3 of this Bylaw, subject to an approved Site Development Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. 6.0 Land Use Districts Regulations 6.3.7 Residential - Multi-Family/Multi-Unit (R3) District County of Vermilion River 381 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Irregular Lots In accordance with the provisions of Section 4.3 of this Bylaw, subject to an approved Site Development Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Site Coverage In accordance with the provisions of Section 3.5 of this Bylaw. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height 5 m (16 ft.) or 1 ½ Storeys Communications Towers, maximum 46 m (150 ft.) Except for where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Standard Lots Minimum Lot Area Communal water supply and sewage disposal facilities, including 2-day storage: 160 m2 (1,722 sq. ft.) For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. All other Uses, as required by the Development Authority. Minimum Lot Width Single Wide 10.5 m (34 ft.) Double Wide 15 m (48 ft.) For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. All other Uses, as required by the Development Authority. Minimum Lot Depth Individual water supply and sewage disposal facilities: 34 m (110 ft.) Communal water supply and sewage disposal facilities: 30 m (100 ft.) For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. All other Uses, as required by the Development Authority. 6.0 Land Use Districts Regulations 6.3.7 Residential - Multi-Family/Multi-Unit (R3) District County of Vermilion River 382 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Amenity Area 10 m2 (108 sq. ft.) For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. All other Uses, as required by the Development Authority. Minimum Yards 3 m (10 ft.) For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. All other Uses, as required by the Development Authority. Minimum Buffer 4 m (13 ft.) For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. All other Uses, as required by the Development Authority. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Subject to the Additional Provisions in Section 4.18, where applicable. Density Bonus In accordance with the provisions of Section 4.18 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Outdoor Storage No Outdoor Storage of articles, goods, materials, finished or semi-finished products, incinerators, storage tanks, Refuse containers or like equipment shall be permitted unless such items are completely screened by fencing or structural enclosures from adjacent sites and public thoroughfares, excluding lanes. Vegetation The location of any shelterbelts shall be approved by the Development Authority. Fencing Required along the Yard Lines of Lots or Parcels adjacent to a park or Municipal Reserve Lot. 6.0 Land Use Districts Regulations 6.3.7 Residential - Multi-Family/Multi-Unit (R3) District County of Vermilion River 383 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Maximum Mixed-Use Residential Density 15 Units per acre (37 Units per hectare) Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.4.1 Crossroads Direct Control (CDC) District County of Vermilion River 384 Land Use Bylaw 19-02 CONTROL DISTRICTS CROSSROADS DIRECT CONTROL (CDC) DISTRICT The Purpose of this District is to allow for additional provisions for direct control under Section 641 of the MGA for those areas where the County wishes to exercise particular control over the Subdivision, Use, and Development of land or Buildings in accordance with the policies and provisions of the Highways 16/41 Crossroads Area Structure Plan (Crossroads ASP), being Bylaw No. 10-15, and any amendments thereto. Council, at their discretion, who may delegate their discretion to the Subdivision Authority or Development Authority, may allow for the Uses, Subdivision, and Development provided for these lands within the Crossroads ASP without compromising urban growth patterns that may extend into this District in the future. The Crossroads Direct Control (CDC) District is not intended to replace the provisions and policies within the Crossroads ASP. If there is a conflict, the more restrictive provision(s) shall apply. APPLICABILITY This District applies to all the land in the County of Vermilion River designated as Crossroads Direct Control (CDC) District on the Land Use District Map. The regulations of this Section apply in addition to the other regulations of this Bylaw within the Direct Control Crossroads Overlay identified on Map 2 - Future Land Use, of the Municipal Development Plan. The Crossroads Direct Control (CDC) District, if not showing on the Land Use map per se, shall nonetheless include: the lands within the Crossroads ASP boundary as indicated on Figure 12 of the Area Structure Plan and will be assigned to these lands when the County considers it appropriate to do so, a prerequisite of which being the submission of Subdivision and/or Development Permit applications deemed by the County to be in their complete form and consistent with the Crossroads ASP. PERMITTED AND DICRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS All Uses and Development over which the County has jurisdiction and lawfully in existence on Parcels existing at the time this Land Use At the discretion of the Development Authority, Uses listed as Discretionary) Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses, including Uses listed within the underlying and Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.1 Crossroads Direct Control (CDC) District County of Vermilion River 385 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS District was assigned and came into force at the discretion of the Development Authority, Uses listed as Permitted under the following Districts: Business and Services (B) Commercial (C1) Commercial - General (GC) Commercial - Limited (C2) Industrial - Light (M1) Industrial - Medium (M) Country Residential - Multi- Lot (CR-M) Country Residential - Single- Lot (CR-S) Residential - Low Density (R) Residential - Medium Density (R1) Residential - High Density (R2) Manufactured Home Community (R3) Parks and Recreation (PR) Under the following Districts: Business and Services (B) Commercial (C1) Commercial - General (GC) Commercial - Limited (C2) Industrial - Light (M1) Industrial - Medium (M) Country Residential - Multi- Lot (CR-M) Country Residential - Single- Lot (CR-S) Residential - Low Density (R) Residential - Medium Density (R1) Residential - High Density (R2) Manufactured Home Community (R3) Parks and Recreation (PR) abutting District, which conform to the general purpose and intent of this Land Use District and the Crossroads Area Structure Plan. Other existing Uses limited to: non- conforming. Where provided for within a Designated District: Office use limited to Accessory Use to Home Occupation Uses within Residential Districts. Office use limited to Business and Professional Services uses ancillary to the Main Use within Non-Residential Districts. Residential Uses limited to: maximum one Main Unit per title. Secondary Units: one Unit per Main Unit on a single Lot or Parcel. Public Utility Use limited to: required to serve the immediate area. Recreational Buildings and Uses limited to: Parks and playgrounds. Signs limited to: Accessory to Home Occupation Uses within Residential Districts. Warehouse Sales Establishment limited to: less than 75% of sales are wholesale. Buildings and Uses accessory to Permitted Uses Buildings and Uses accessory to Discretionary Uses Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.1 Crossroads Direct Control (CDC) District County of Vermilion River 386 Land Use Bylaw 19-02 DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area Less than 5 ac (2.02 ha), in accordance with the provisions of the Highways 16/41 Crossroads Area Structure Plan. As required by the Development Authority. Except where the Lot is subject to: a Discretionary Use, a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. Minimum Front Yard From an Internal Road: 15 m (50 ft.) from Property Line. Other Roads: 30 m (100 ft.) from Property Line. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard Un-serviced Commercial/Industrial: 6 m (20 ft.) On Corner Lots: From an Internal Road: 15 m (50 ft.) from Property Line. Other Roads: 30 m (100 ft.) from Property Line. Country Residential: (a) On Internal Road 15 m (50ft.) from Property Line. Except for an irregular shaped Lot, which shall be ten percent (10%) of the mean Lot Width. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.1 Crossroads Direct Control (CDC) District County of Vermilion River 387 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Other Roads: 30 m (100 ft.) from Property Line. Minimum Rear Yard Un-serviced Commercial/Industrial: 7.6 m (25 ft.) On Internal Road 15 m (50 ft.) from Property Line. Other Roads: 30 m (100 ft.) from Property Line. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height In accordance with the provisions of the Designated District. Communications Towers, minimum 46 m (150 ft.) Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Maximum Site Coverage In accordance with the provisions of Section 3.5 of this Bylaw. No more than 20% of Buildable Area shall be covered by Buildings, surface pavement or other impermeable surfaces. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Design, Character and Appearance of Buildings The design, siting, external finish, architectural appearance and Landscaping generally, of all Buildings, including any accessory Buildings or structures and Signs, and any reconstruction, shall all be to the satisfaction of the Development Authority, so there is conformity with adjacent Buildings, and adequate protection afforded to the amenities of adjacent properties. As a condition of a Development Permit, the Development Authority may require a letter of guarantee or an irrevocable letter of credit in order to secure compliance with any requirements imposed. Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.1 Crossroads Direct Control (CDC) District County of Vermilion River 388 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Accessory Buildings In accordance with the provisions of Section 4.2 or Section 4.3 of this Bylaw, as applicable. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. All loading areas must be fully screened from adjacent streets or sides by opaque Screening consisting of fencing, structures or Landscaping. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Density Bonus In accordance with the provisions of Section 4.18 of this Bylaw or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Signage In accordance with the provisions of Section 4.21 of this Bylaw. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Domestic Animals No fur-bearing animals, fowl or Livestock other than Domestic Pets and horses may be kept, in accordance with the provisions of the designated residential District. Outdoor Storage Non-Residential Districts: Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. Residential Districts: No Outdoor Storage of articles, goods, materials, finished or semi-finished products, incinerators, storage tanks, Refuse containers or like equipment shall be permitted unless such items are completely screened by fencing or structural enclosures from adjacent sites and public thoroughfares, excluding lanes. Vegetation As a condition of approval, the Development Authority may require that an approved Use or Development be screened from public thoroughfares and adjacent Residential Uses by a solid wall, Fence or other means in a manner and to a height satisfactory to them. Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.1 Crossroads Direct Control (CDC) District County of Vermilion River 389 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Temporary Uses The Development Authority may issue a Temporary Development Permit where the Development Authority is of the opinion that the proposed Use is of a temporary nature. Approvals Approval of Development within the District may be required by Provincial Regulation and, if that is the case, issuance of such permit will be a requirement for any Development Permit issued in this District. To determine if the subject land is suitable for and can physically support/sustain the proposed Use or Development in question, the Development Authority may require, before accepting an application as complete, any geotechnical analysis or any other engineering, environmental or technical assessment/information it considers necessary to properly evaluate the application. The Development Authority will ensure that the analysis/assessment/information they require is prepared/substantiated by qualified Persons licensed to practice in the Province of Alberta. In the case of new Construction, the Development Authority shall require, as a condition of approval, that a Surveyor's Certificate or Real Property Report, signed by an Alberta Land Surveyor, relating to the Building(s) that is (are) the subject of the Development Permit application, be submitted by the Owner/Developer upon completion of the Building foundation and prior to commencement of framing or further structural Construction to ensure that the Building(s) is (are) Sited according to the provisions of the Development Permit and any other relevant provisions of the Bylaw. Applicants shall fully disclose the precise nature and extent of the proposed Use, Subdivision and/or Development, including intended hours of operation to the level of detail determined by the Development Authority, so that their applications can be thoroughly evaluated in accordance with this Land Use District. The Development Authority may: As a condition of approval, require that the applicant enter into a Development agreement with the County pursuant to the Municipal Government Act. To ensure compliance with the conditions in the agreement, the County may be protected by caveat registered in favour of the County. As a condition of approval, require financial guarantees, in a form and an amount acceptable to the County, from the applicant to secure performance of any of the conditions of the approval; and/or, Revoke an approval in the case where satisfactory arrangements have not been made by a Developer for the supply of water, disposal of sewage and Road access, or any of them. Application Referral In accordance with the provisions of Section 2.15 of this Bylaw. Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.1 Crossroads Direct Control (CDC) District County of Vermilion River 390 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Special Uses Wind Energy Conversion Systems shall be governed by the regulations contained in Section 5.3 of this Bylaw. No activity may be undertaken that would, in the opinion of the Development Authority, unduly interfere with the amenities or materially interfere with or affect the Use, enjoyment or value of neighbouring properties by reason of noise, smoke, steam, odour, glare, dust, vibration, Refuse matter, or other noxious emissions or containment of hazardous materials. The Development Authority may stipulate the times of the day or week during which an approved Use or Development may operate as well as the length of time its approval remains in effect. Exceptions At the discretion of the Development Authority, the height provisions of these regulations may be waived for church steeples, belfries, towers, cupolas, and similar architectural features; flagstaffs, chimneys, elevator mechanisms and housings, water tanks, stand pipes, and similar utility structures; and radio and television towers and Antennas, and similar telecommunication structures. Enforcement If at any time, in the opinion of the Development Authority, any of the provisions of this Land Use District have not been complied with, the Development Authority may utilize the enforcement mechanisms available under the Municipal Government Act. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.1 Crossroads Direct Control (CDC) District County of Vermilion River 391 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.4.2 North Gateway Direct Control (NGDC) District County of Vermilion River 392 Land Use Bylaw 19-02 NORTH GATEWAY DIRECT CONTROL (NGDC) DISTRICT The Purpose of this District is to allow for additional provisions for direct control under Section 641 of the MGA for those areas where the County wishes to exercise particular control over the Subdivision, Use, and Development of land or Buildings in accordance with the policies and provisions of the North 41 Gateway Area Structure Plan (ASP), being Bylaw No. 10-11, and any amendment thereto. Council, at their discretion, who may delegate their discretion to the Subdivision Authority or Development Authority, may allow for the Uses, Subdivision, and Development provided for these lands within the North 41 Gateway ASP without compromising urban growth patterns that may extend into this District in the future. The North Gateway Direct Control (NGDC) District is not intended to replace the provisions and policies within the North 41 Gateway Area Structure Plan. If there is a conflict, the more restrictive provision(s) shall apply. APPLICABILITY This District applies to all the land in the County of Vermilion River designated as North Gateway Direct Control (NGDC) District on the Land Use District Map. The regulations of this Section apply in addition to the other regulations of this Bylaw within the North Gateway Direct Control (NGDC) District identified on Map 2 - Future Land Use, of the Municipal Development Plan. The North Gateway Direct Control (NGDC) District, if not showing on the Land Use map per se, shall nonetheless include: the lands within the North 41 Gateway ASP boundary as indicated on Figure 9 of the Area Structure Plan and will be assigned to these lands when the County considers it appropriate to do so, a prerequisite of which being the submission of Subdivision and/or Development Permit applications deemed by the County to be in their complete form and consistent with the North 41 Gateway ASP. PERMITTED AND DICRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS All Uses and Development over which the County has jurisdiction and lawfully in existence on Parcels existing at the time this Land Use District was assigned and came into force At the discretion of the Development Authority, Uses listed as Discretionary under the following Districts: Business and Services (B) Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses, including Uses listed within the underlying and Abutting District, which conform to Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.2 North Gateway Direct Control (NGDC) District County of Vermilion River 393 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS At the discretion of the Development Authority, Uses listed as Permitted under the following Districts: Business and Services (B) Commercial (C1) Commercial - General (GC) Commercial - Limited (C2) Industrial - Light (M1) Industrial - Medium (M) Country Residential - Multi-Lot (CR-M) Country Residential - Single-Lot (CR-S) Residential - Low Density (R) Residential - Medium Density (R1) Residential - High Density (R2) Parks and Recreation (PR) Commercial (C1) Commercial - General (GC) Commercial - Limited (C2) Industrial - Light (M1) Industrial - Medium (M) Country Residential - Multi- Lot (CR-M) Country Residential - Single- Lot (CR-S) Residential - Low Density (R) Residential - Medium Density (R1) Residential - High Density (R2) Manufactured Home Community (R3) the general purpose and intent of this Land Use District and the Crossroads Area Structure Plan. Other existing Uses limited to: non- conforming. Where provided for within a Designated District: Office use limited to Accessory Use to Home Occupation Uses within Residential Districts. Office use limited to Business and Professional Services uses ancillary to the Main Use within Non-Residential Districts. Residential Uses limited to: maximum one Main Unit per title. Secondary Units: one Unit per Main Unit on a single Lot or Parcel. Public Utility Use limited to: required to serve the immediate area. Recreational Buildings and Uses limited to: Parks and playgrounds. Signs limited to: Accessory to Home Occupation Uses within Residential Districts. Warehouse Sales Establishment limited to: less than 75% of sales are wholesale. Buildings and Uses accessory to Permitted Uses Buildings and Uses accessory to Discretionary Uses Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.2 North Gateway Direct Control (NGDC) District County of Vermilion River 394 Land Use Bylaw 19-02 DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area Less than 5 ac (2.02 ha), in accordance with the provisions of the North 41 Gateway Area Structure Plan. As required by the Development Authority. Except where the Lot is subject to: a Discretionary Use, a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. Minimum Front Yard From an Internal Road: 15 m (50 ft.) from Property Line. Other Roads: 30 m (100 ft.) from Property Line. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard Un-serviced Commercial/Industrial: 6 m (20 ft.) On Corner Lots: From an Internal Road: 15 m (50 ft.) from Property Line. Other Roads: 30 m (100 ft.) from Property Line. Country Residential: On Internal Road 15 m (50 ft.) from Property Line. Other Roads: 30 m (100 ft.) from Property Line. Except for an irregular shaped Lot, which shall be ten percent (10%) of the mean Lot Width. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.2 North Gateway Direct Control (NGDC) District County of Vermilion River 395 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Rear Yard Un-serviced Commercial/Industrial: 7.6 m (25 ft.) On Internal Road 15 m (50 ft.) from Property Line. Other Roads: 30 m (100 ft.) from Property Line. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height In accordance with the provisions of the Designated District. Communications Towers, minimum 46 m (150 ft.) Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Maximum Site Coverage In accordance with the provisions of Section 3.5 of this Bylaw. No more than 20% of Buildable Area shall be covered by Buildings, surface pavement or other impermeable surfaces. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Design, Character and Appearance of Buildings The design, siting, external finish, architectural appearance and Landscaping generally, of all Buildings, including any accessory Buildings or structures and Signs, and any reconstruction, shall all be to the satisfaction of the Development Authority, so there is conformity with adjacent Buildings, and adequate protection afforded to the amenities of adjacent properties. As a condition of a Development Permit, the Development Authority may require a letter of guarantee or an irrevocable letter of credit in order to secure compliance with any requirements imposed. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Accessory Buildings In accordance with the provisions of Section 4.2 or Section 4.3 of this Bylaw, as applicable. Parking Parking and loading requirements shall be provided in accordance with the provisions of All loading areas must be fully screened from adjacent streets or sides by opaque Screening Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.2 North Gateway Direct Control (NGDC) District County of Vermilion River 396 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Section 4.15 of this Bylaw and the General Municipal Servicing Standards. consisting of fencing, structures or Landscaping. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Density Bonus In accordance with the provisions of Section 4.18 of this Bylaw or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Signage In accordance with the provisions of Section 4.21 of this Bylaw. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Domestic Animals No fur-bearing animals, fowl or Livestock other than Domestic Pets and horses may be kept, in accordance with the provisions of the designated residential District. Outdoor Storage Non-Residential Districts: Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. Residential Districts: No Outdoor Storage of articles, goods, materials, finished or semi-finished products, incinerators, storage tanks, Refuse containers or like equipment shall be permitted unless such items are completely screened by fencing or structural enclosures from adjacent sites and public thoroughfares, excluding lanes. Vegetation As a condition of approval, the Development Authority may require that an approved Use or Development be screened from public thoroughfares and adjacent Residential Uses by a solid wall, Fence or other means in a manner and to a height satisfactory to them. Temporary Uses The Development Authority may issue a Temporary Development Permit where the Development Authority is of the opinion that the proposed Use is of a temporary nature. Approvals Approval of Development within the District may be required by Provincial Regulation and, if that is the case, issuance of such permit will be a requirement for any Development Permit issued in this District. To determine if the subject land is suitable for and can physically support/sustain the proposed Use or Development in question, the Development Authority may require, before accepting an application as complete, any geotechnical analysis or any other Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.2 North Gateway Direct Control (NGDC) District County of Vermilion River 397 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS engineering, environmental or technical assessment/information it considers necessary to properly evaluate the application. The Development Authority will ensure that the analysis/assessment/information they require is prepared/substantiated by qualified Persons licensed to practice in the Province of Alberta. In the case of new Construction, the Development Authority shall require, as a condition of approval, that a Surveyor's Certificate or Real Property Report, signed by an Alberta Land Surveyor, relating to the Building(s) that is (are) the subject of the Development Permit application, be submitted by the Owner/Developer upon completion of the Building foundation and prior to commencement of framing or further structural Construction to ensure that the Building(s) is (are) Sited according to the provisions of the Development Permit and any other relevant provisions of the Bylaw. Applicants shall fully disclose the precise nature and extent of the proposed Use, Subdivision and/or Development, including intended hours of operation to the level of detail determined by the Development Authority, so that their applications can be thoroughly evaluated in accordance with this Land Use District. The Development Authority may: As a condition of approval, require that the applicant enter into a Development agreement with the County pursuant to the Municipal Government Act. To ensure compliance with the conditions in the agreement, the County may be protected by caveat registered in favour of the County. As a condition of approval, require financial guarantees, in a form and an amount acceptable to the County, from the applicant to secure performance of any of the conditions of the approval; and/or, Revoke an approval in the case where satisfactory arrangements have not been made by a Developer for the supply of water, disposal of sewage and Road access, or any of them. Application Referral In accordance with the provisions of Section 2.15 of this Bylaw. Special Uses Wind Energy Conversion Systems shall be governed by the regulations contained in Section 5.3 of this Bylaw. No activity may be undertaken that would, in the opinion of the Development Authority, unduly interfere with the amenities or materially interfere with or affect the Use, enjoyment or value of neighbouring properties by reason of noise, smoke, steam, odour, glare, dust, vibration, Refuse matter, or other noxious emissions or containment of hazardous materials. The Development Authority may stipulate the times of the day or week during which an approved Use or Development may operate as well as the length of time its approval remains in effect. Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.2 North Gateway Direct Control (NGDC) District County of Vermilion River 398 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Exceptions At the discretion of the Development Authority, the height provisions of these regulations may be waived for church steeples, belfries, towers, cupolas, and similar architectural features; flagstaffs, chimneys, elevator mechanisms and housings, water tanks, stand pipes, and similar utility structures; and radio and television towers and Antennas, and similar telecommunication structures. Enforcement If at any time, in the opinion of the Development Authority, any of the provisions of this Land Use District have not been complied with, the Development Authority may utilize the enforcement mechanisms available under the Municipal Government Act. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. Removed by Bylaw 22-05 6.0 Land Use Districts Regulations 6.4.2 North Gateway Direct Control (NGDC) District County of Vermilion River 399 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.4.3 Highway Development (HD) District County of Vermilion River 400 Land Use Bylaw 19-02 HIGHWAY DEVELOPMENT (HD) DISTRICT The Purpose of this District is to provide for establishments offering accommodations or services to motorists, and to provide for non-pedestrian-oriented retail, wholesale, service and repair activities, which do not contribute to the creation of unattractive, congested and unsafe Highway conditions, while protecting Provincial investment in Highway infrastructure. APPLICABILITY This District applies to all the land in the County of Vermilion River within 800 m (0.5 mile) of the right-of-way of Highways 17, 41, and 45. This District also includes some lands adjacent to provincial Highways, which may be located within a Hamlet. The regulations of this Section apply in addition to the other regulations of this Bylaw within the Highway Development District identified on Map 2 - Future Land Use, of the Municipal Development Plan. PERMITTED AND DICRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Agricultural Production Animal Breeding and/or Boarding Establishments ďĂƚƚŽŝƌ Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses, including Uses listed within the underlying and Abutting district. Agricultural Support Services Bed and Breakfast Establishments Other existing Uses limited to: non- conforming. Extensive Agriculture Bulk Fuel Storage and Sales Farming Day Homes Highway Commercial Use Existing Dwellings, as of the date of the approval of this Bylaw Residential Uses limited to: maximum one Main Unit per title. Highway Services Family care facilities Buildings and Uses accessory to Permitted Uses Group care facilities Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Unless a Variance under Section 2.13 has been granted. Group Homes "NFOEFECZ #ZMBX 6.0 Land Use Districts Regulations 6.4.3 Highway Development (HD) District County of Vermilion River 401 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Guest Ranches Home Occupations, Major Home Occupations limited to: existing Residential Uses. Home Occupations, Minor Home Occupations limited to: existing Residential Uses. Institutional Uses Intensive Agriculture Natural Resource Extraction and Ground Disturbance Operations Outdoor Storage Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. Public education facilities Public or Quasi-Public Buildings and Uses Public Utilities and Public Utility Buildings Recreational Uses Recreational Vehicle Campgrounds Religious Assemblies Rural Commercial Uses Signs Veterinary Clinic Warehouse Facilities Wind Energy Conversion System, Large Wind Energy Conversion System, Micro Wind Energy Conversion System, Small 6.0 Land Use Districts Regulations 6.4.3 Highway Development (HD) District County of Vermilion River 402 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Wireless Communications Facility Work Camp Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area In accordance with the provisions of the Designated and/or Abutting District. As required by the Development Authority Except where the Lot is subject to: man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. Minimum Front Yard In accordance with the provisions of Section 4.2 or Section 4.3 of this Bylaw or an approved Area Structure Plan or Site Development Plan, as applicable. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.2 or Section 4.3 of this Bylaw or an approved Area Structure Plan or Site Development Plan, as applicable. Except for an irregular shaped Lot, which shall be ten percent (10%) of the mean Lot Width. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. 6.0 Land Use Districts Regulations 6.4.3 Highway Development (HD) District County of Vermilion River 403 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Rear Yard In accordance with the provisions of Section 4.2 or Section 4.3 of this Bylaw or an approved Area Structure Plan or Site Development Plan, as applicable. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height 10.5 m (34.5 ft.) Communications Towers, minimum 46 m (150 ft.) Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Subject to the Additional Provisions in Sub-section1.1.1 and Sub-section 7.2.2, where applicable. Density Bonus In accordance with the provisions of Section 4.18 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Outdoor Storage No Outdoor Storage of articles, goods, materials, finished or semi-finished products, incinerators, storage tanks, Refuse containers, equipment, garbage, and waste or like equipment shall be permitted unless such items are completely screened by fencing or structural enclosures from adjacent sites and public thoroughfares, excluding lanes. Vegetation The location of any shelterbelts shall be approved by the Development Authority. Fencing Required along the Yard Lines of Lots or Parcels adjacent to a park or Municipal Reserve Lot. Exceptions Notwithstanding any other provision of this Bylaw to the contrary, no more than 3 Lots for Residential Uses may be allowed on that portion of NW 17-50-2-W4 lying to the south of Highway #16. Restricted Uses The Development Authority may restrict, or may be subject to special regulations or conditions of approval, Uses that may produce, directly or indirectly, noise, odour, fumes, dust, smoke, unsightly appearance, or other effects that may be detrimental to other Land Uses adjacent or nearby a Designated Non-Residential District. 6.0 Land Use Districts Regulations 6.4.3 Highway Development (HD) District County of Vermilion River 404 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Special Uses Wind Energy Conversion Systems shall be governed by the regulations contained in Section 5.3 of this Bylaw. Maximum Mixed-Use Residential Density 15 Units per acre (37 Units per hectare) Application Referral In accordance with the provisions of Section 2.15 of this Bylaw. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.4.3 Highway Development (HD) District County of Vermilion River 405 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.4.4 Highway Development Special Purpose (HDS) District County of Vermilion River 406 Land Use Bylaw 19-02 HIGHWAY DEVELOPMENT SPECIAL PURPOSE (HDS) DISTRICT The Purpose of this District is to provide for Development appropriate to areas that will accommodate the future re-alignment and access management areas of Highway #16. APPLICABILITY This District comprises a 1.6 km (1 mile) wide area of land in the County of Vermilion River along the patch where the future right-of-way of the Highway 16 re-alignment will be located and those areas identified by the province to accommodate future access points. The regulations of this Section apply in addition to the other regulations of this Bylaw within the Highway Development Special Purpose District identified on Map 2 - Future Land Use, of the Municipal Development Plan. Provincial regulations may regulate approval of Development within the District and, if that is the case, issuance of such permit will be a requirement of any Development Permit issued in this District. PERMITTED AND DICRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Agricultural Production Animal Breeding and/or Boarding Establishments Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses, including Uses listed within the underlying and Abutting district. Agricultural Support Services Bed and Breakfast Establishments Other existing Uses limited to: non- conforming. Extensive Agriculture Bulk Fuel Storage and Sales Farming Day Homes Highway Commercial Use Existing Dwellings, as of the date of the approval of this Bylaw. Residential Uses limited to: maximum one Main Unit per title. Highway Services Family care facilities Buildings and Uses accessory to Permitted Uses Group care facilities Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Unless a Variance under Section 2.13 has been granted. 6.0 Land Use Districts Regulations 6.4.4 Highway Development Special Purpose (HDS) District County of Vermilion River 407 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Group Homes Guest Ranches Home Occupations, Major Home Occupations limited to: existing Residential Uses. Home Occupations, Minor Home Occupations limited to: existing Residential Uses. Institutional Uses Intensive Agriculture Natural Resource Extraction and Ground Disturbance Operations Outdoor Storage Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. Public education facilities Public or Quasi-Public Buildings and Uses Public Utilities and Public Utility Buildings Recreational Uses Recreational Vehicle Campgrounds Religious Assemblies Rural Commercial Uses Secondary Dwelling Signs Veterinary Clinic Warehouse Facilities Wind Energy Conversion System, Large Wind Energy Conversion System, Micro 6.0 Land Use Districts Regulations 6.4.4 Highway Development Special Purpose (HDS) District County of Vermilion River 408 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Wind Energy Conversion System, Small Wireless Communications Facility Work Camp Buildings and Uses accessory to Discretionary Uses Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area In accordance with the provisions of the Designated and/or Abutting district. As required by the Development Authority Except where the Lot is subject to: man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. Minimum Front Yard In accordance with the provisions of Section 4.2 or Section 4.3 of this Bylaw or an approved Area Structure Plan or Site Development Plan, as applicable. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.2 or Section 4.3 of this Bylaw or an approved Area Structure Plan or Site Development Plan, as applicable. Except for an irregular shaped Lot, which shall be ten percent (10%) of the mean Lot Width. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. 6.0 Land Use Districts Regulations 6.4.4 Highway Development Special Purpose (HDS) District County of Vermilion River 409 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Rear Yard In accordance with the provisions of Section 4.2 or Section 4.3 of this Bylaw or an approved Area Structure Plan or Site Development Plan, as applicable. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height 10.5 m (34.5 ft.) Communications Towers, minimum 46 m (150 ft.) Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Subject to the Additional Provisions in Sub-section1.1.1 and Sub-section 7.2.2, where applicable. Density Bonus In accordance with the provisions of Section 4.18 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. Outdoor Storage No Outdoor Storage of articles, goods, materials, finished or semi-finished products, incinerators, storage tanks, Refuse containers, equipment, garbage, and waste or like equipment shall be permitted unless such items are completely screened by fencing or structural enclosures from adjacent sites and public thoroughfares, excluding lanes. Vegetation The location of any shelterbelts shall be approved by the Development Authority. Fencing Required along the Yard Lines of Lots or Parcels adjacent to a park or Municipal Reserve Lot. Exceptions Notwithstanding any other provision of this Bylaw to the contrary, no more than 3 Lots for Residential Uses may be allowed on that portion of NW 17-50-2-W4 lying to the south of Highway #16. Restricted Uses The Development Authority may restrict, or may be subject to special regulations or conditions of approval, Uses that may produce, directly or indirectly, noise, odour, fumes, dust, smoke, unsightly appearance, or other effects that may be detrimental to other Land Uses adjacent or nearby a Designated Non-Residential District. 6.0 Land Use Districts Regulations 6.4.4 Highway Development Special Purpose (HDS) District County of Vermilion River 410 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Special Uses Wind Energy Conversion Systems shall be governed by the regulations contained in Section 5.3 of this Bylaw. Maximum Mixed-Use Residential Density 15 Units per acre (37 Units per hectare) Application Referral In accordance with the provisions of Section 2.15 of this Bylaw. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.4.4 Highway Development Special Purpose (HDS) District County of Vermilion River 411 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.4.5 Urban Growth (UB) District County of Vermilion River 412 Land Use Bylaw 19-02 URBAN GROWTH (UB) DISTRICT The Urban Growth (UB) District aims to preserve Farmland from urban sprawl and promote the efficient Use of land, public facilities, and services within County lands adjacent to incorporated areas without compromising urban growth patterns that may extend into this District in the future. The Purpose of this District is to: allow for additional provisions for those areas where a Decision Authority, in accordance with the provisions in Section 1.11, wishes to exercise particular control over the Use and Development of land and/or Buildings, including areas identified as Urban Expansion (UE) in Intermunicipal Development Plans (IDPs) and Area Structure Plans as well as lands previously designated as Controlled Urban Development (CUD) and Urban Expansion (UE) Districts. An Area Structure Plan (ASP) Bylaw may be approved to replace this Overlay and/or to regulate Development within specific areas. APPLICABILITY This District applies to all the land in the County of Vermilion River designated as Urban Growth District on the Land Use District Map. The regulations of this Section apply in addition to the other regulations of this Bylaw within the Urban Growth District identified on Map 2 - Future Land Use, of the Municipal Development Plan. PERMITTED AND DICRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS At the discretion of the Development Authority, Uses listed as Permitted under the following Districts: Business and Services (B) General Commercial (GC) Commercial (C1) Industrial - Medium (M) Industrial - Light (M1) At the discretion of the Development Authority, Uses listed as Discretionary under the following Districts: Business and Services (B) General Commercial (GC) Commercial (C1) Industrial - Medium (M) Industrial - Light (M1) Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses, including Uses listed within the underlying and Abutting district. Other existing Uses limited to: non- conforming. Where provided for within a Designated District: Residential Uses limited to: maximum one Main Unit per title. 6.0 Land Use Districts Regulations 6.4.5 Urban Growth (UB) District County of Vermilion River 413 Land Use Bylaw 19-02 PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS Manufactured Home Community (R3) Residential - Medium Density (R1) Residential - High Density (R2) Manufactured Home Community (R3) Residential - Medium Density (R1) Residential - High Density (R2) Office use limited to Accessory Use to Home Occupation Uses within Residential Districts. Office use limited to Business and Professional Services uses ancillary to the Main Use within Non- Residential Districts. Secondary Units: one Unit per Main Unit on a single Lot or Parcel. Public Utility Use limited to: required to serve the immediate area. Recreational Buildings and Uses limited to: Parks and playgrounds. Signs limited to: Accessory to Home Occupation Uses. Warehouse Sales Establishment limited to: less than 75% of sales are wholesale. Manufacturing Uses are limited pursuant to Section 4.7. Buildings and Uses accessory to Permitted Uses Buildings and Uses accessory to Discretionary Uses Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area In accordance with the provisions of the Designated and Abutting Districts. As required by the Development Authority Except where the Lot is subject to: a Discretionary Use, a man-made barrier, registered in Land Titles, fragmenting the quarter section, or 6.0 Land Use Districts Regulations 6.4.5 Urban Growth (UB) District County of Vermilion River 414 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the MDP respecting the Subdivision of fragmented areas. Minimum Front Yard In accordance with the provisions of Section 4.2 or Section 4.3 of this Bylaw, as applicable. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.2 or Section 4.3 of this Bylaw, as applicable. Except for an irregular shaped Lot, which shall be ten percent (10%) of the mean Lot Width. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.2 or Section 4.3 of this Bylaw, as applicable. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height In accordance with the provisions of the Designated District. Communications Towers, minimum 46 m (150 ft.) Except for an agricultural structure such as a silo, grain bin or elevator, or where restricted by the Airport Vicinity Area Overlay (Section 7.2.1), or where a Variance under Section 2.13 has been granted. Maximum Site Coverage In accordance with the provisions of Section 3.5 of this Bylaw. No more than 85% of Buildable Area shall be covered by Buildings, surface 6.0 Land Use Districts Regulations 6.4.5 Urban Growth (UB) District County of Vermilion River 415 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS pavement or other impermeable surfaces. Except on Lots less than one acre, no more than ninety percent 90% coverage of Buildable Area. Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Density Bonus In accordance with the provisions of Section 4.18 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Consistent with the County's Municipal Development Plan. Accessory Buildings In accordance with the provisions of Section 4.2 or Section 4.3 of this Bylaw, as applicable. Parking & Loading Areas Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. All loading areas must be fully screened from adjacent streets or sides by opaque Screening consisting of fencing, structures or Landscaping. Signage In accordance with the provisions of Section 4.21 of this Bylaw. Outdoor Storage Non-Residential Districts: Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. Residential Districts: No Outdoor Storage of articles, goods, materials, finished or semi-finished products, incinerators, storage tanks, Refuse containers or like equipment shall be permitted unless such items are completely screened by fencing or structural enclosures from adjacent sites and public thoroughfares, excluding lanes. Engineering Design Standards All improvements shall conform to the requirements of the County's General Municipal Servicing Standards and be subject to the review and approval of the Development Authority. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. 6.0 Land Use Districts Regulations 6.4.5 Urban Growth (UB) District County of Vermilion River 416 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Development In accordance with the provisions of Section 4.9, Section 4.18, Section 4.19, including Servicing provisions under Section 4.8 and all other provisions under this Bylaw, as applicable. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Application Referral In accordance with the provisions of Section 2.15 of this Bylaw. Special Uses Wind Energy Conversion Systems shall be governed by the regulations contained in Section 5.3 of this Bylaw. Exceptions At the discretion of the Development Authority, the height provisions of these regulations may be waived for church steeples, belfries, towers, cupolas, and similar architectural features; flagstaffs, chimneys, elevator mechanisms and housings, water tanks, stand pipes, and similar utility structures; and radio and television towers and Antennas, and similar telecommunication structures. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 6.0 Land Use Districts Regulations 6.4.5 Urban Growth (UB) District County of Vermilion River 417 Land Use Bylaw 19-02 This Page Intentionally Left Blank 6.0 Land Use Districts Regulations 6.4.5 Urban Growth (UB) District County of Vermilion River 418 Land Use Bylaw 19-02 PART 7.0 OVERLAY DISTRICTS REGULATIONS 6.0 Land Use Districts Regulations 6.4.5 Urban Growth (UB) District County of Vermilion River 419 Land Use Bylaw 19-02 This Page Intentionally Left Blank 7.0 OVERLAY DISTRICT REGULATIONS 7.1 Establishment of Overlay Districts County of Vermilion River 420 Land Use Bylaw 19-02 ESTABLISHMENT OF OVERLAY DISTRICTS Overlay Districts identify special provisions that are applied to Property within the overlay District boundary in addition to those in the underlying base District to protect a specific resource or guide Development within certain areas without disturbing the requirements of the underlying Use district. In the instance of conflicting requirements, the stricter of the conflicting requirements applies. Overlay Districts may incorporate within its boundary more than one underlying Land Use District. For the purposes of this Bylaw, the County of Vermilion River, in addition to the base Land Use Districts on Part 6, incorporates the following Overlay Districts: (a) Airport Vicinity Area (AVA) Overlay (b) Environmentally Sensitive Area (ESA) Overlay 7.0 OVERLAY DISTRICT REGULATIONS 7.1 Establishment of Overlay Districts County of Vermilion River 421 Land Use Bylaw 19-02 This Page Intentionally Left Blank 7.0 OVERLAY DISTRICT REGULATIONS 7.2 Establishment of Overlay Districts County of Vermilion River 422 Land Use Bylaw 19-02 OVERLAY DISTRICTS REGULATIONS AIRPORT VICINITY AREA (AVA) OVERLAY The Purpose of this District is to provide for the Development of land or Buildings within the County in areas adjacent to an Airport and to encourage compatible Land Use Development through the efficient Use of land, public facilities, and services without compromising the operating utility of an Airport or its infrastructure. An Area Structure Plan (ASP) Bylaw may be approved to replace this District and regulate Development within specific areas. APPLICABILITY This District applies to all the land in the County of Vermilion River wholly or partly within the 800 m (0.5 mile) Airport Protection Area boundary as designated on the Land Use District Map, on Map 2 - Future Land Use, of the Municipal Development Plan, and those areas adjacent to Airports identified either as Urban Expansion or Airport Protection within Intermunicipal Development Plans (IDPs). This Section applies to Development Permit applications in the part of the Municipality within the Airport Protection Area notwithstanding: 1. that a Development Permit could otherwise be issued in accordance with this Bylaw, or 2. that the Development is exempted under this Bylaw from requiring a Development Permit. The Airport Vicinity Area (AVA) Overlay, if not showing on the Land Use map per se, shall nonetheless include areas of the County designated as: 1. the Vermilion Airport Vicinity Protection Area in the Town of Vermilion Intermunicipal Development Plan; 2. the Lloydminster Airport Vicinity Protection Area in the City of Lloydminster Intermunicipal Development Plan; and other use sensitive areas described within an Airport Plan. (c) The location of the Approach Surfaces and Transitional Surfaces applicable to Airport Protection Areas are shown in Figure 12. If there is a conflict between the description of the Approach Surfaces and transitional surfaces in this Section and their location on an Airport Plan, the more restrictive provision(s) shall apply. Uses not listed as a Permitted or Discretionary in this section are not allowed on lands to which this section applies. 7.0 OVERLAY DISTRICT REGULATIONS 7.2 Establishment of Overlay Districts County of Vermilion River 423 Land Use Bylaw 19-02 DEFINITIONS IN THIS SECTION The following Obstacle Limitation Surfaces are specific to this Section: 1. "AIRPORT (AERODROME) REFERENCE POINT" means the centre point of an Airport, located at the geometric centre of all the usable runways. The ARP is computed as a weighted average of the end of runway coordinates as shown in Figure 12. 2. "APPROACH SURFACE" means: a. For a Precision Instrument Runway, a surface longitudinally centered on the extended runway centerline, beginning at the end of the Primary Surface and extending outward and upward as shown in Figure 12. Airport Obstacle Limitation Surfaces. b. For a Non-Precision Instrument Runway, a surface longitudinally centered on the extended centerline of the runway, beginning at the end of the Primary Surface. Primary Surface width at end adjacent to runway end and flaring to 4,000 feet at a distance of 10,000 ft. from the end of the Primary Surface as shown in Figure 12. 3. "BASIC STRIP (RUNWAY STRIP)" means: A defined area including the runway, and stopway if provided, intended to reduce the risk of damage to aircraft running off a runway and to protect aircraft flying over it during takeoff or landing operations as shown in Figure 12. 4. "OUTER SURFACE" means an imaginary surface located above and in the immediate vicinity of the Airport as shown in Figure 12. 5. "PROTECTION AREA" means the Vermilion Airport Vicinity Protection Area and the Lloydminster Airport Vicinity Protection Area, as described in the respective Intermunicipal Development Plan and paragraph (f) below. 6. "TRANSITIONAL SURFACE" means a complex surface along the sides of the runway strip and part of the sides of the Approach Surface that slopes up to the outer surface. Its purpose is to ensure the safety of aircraft at low altitudes displaced from the runway centre line in the Approach or missed Approach phase as shown in Figure 12. 7.0 OVERLAY DISTRICT REGULATIONS 7.2 Establishment of Overlay Districts County of Vermilion River 424 Land Use Bylaw 19-02 Figure 12. Airport Obstacle Limitation Surfaces. 7.0 OVERLAY DISTRICT REGULATIONS 7.2 Establishment of Overlay Districts County of Vermilion River 425 Land Use Bylaw 19-02 PERMITTED AND DICRETIONARY USES PERMITTED DISCRETIONARY USES NOT LISTED/LIMITATIONS At the discretion of the Development Authority, Uses listed as Permitted under the following Districts: Business and Services (B) Commercial - General (GC) Commercial (C1) Industrial - Light (M1) Industrial - Medium (M) Parks and Recreation (PR) At the discretion of the Development Authority, Uses listed as Discretionary under the following Districts: Business and Services (B) General Commercial (GC) Commercial (C1) Industrial - Light (M1) Industrial - Medium (M) Parks and Recreation (PR) Other Uses, which in the opinion of the Development Authority are similar to the listed Permitted and Discretionary Uses, including Uses listed within the underlying and Abutting district. Other existing Uses limited to: non- conforming. Manufacturing Uses are limited pursuant to Section 4.7. Office use limited to Business and Professional Services uses ancillary to the Main Use. Buildings and Uses accessory to Permitted Uses Buildings and Uses accessory to Discretionary Uses Permitted Accessory Building and Uses maximum size: 60% of the Main Building floor area. Discretionary Accessory Building and Uses maximum size: at the discretion of the Development Authority. DEVELOPMENT REGULATIONS ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Minimum Lot Area In accordance with the provisions of the underlying and Abutting District. As required by the Development Authority. Except where the Lot is subject to: a Discretionary Use, a man-made barrier, registered in Land Titles, fragmenting the quarter section, or a natural barrier that physically fragments the quarter section - usually this barrier cannot be crossed with farm machinery. the Subdivision of any fragmented area shall be governed by the policies in the Municipal Development Plan respecting the Subdivision of fragmented areas. 7.0 OVERLAY DISTRICT REGULATIONS 7.2 Establishment of Overlay Districts County of Vermilion River 426 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Maximum Site Coverage In accordance with the provisions of Section 3.5 of this Bylaw. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Front Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Except for provincial Highways, which are subject to Alberta Transportation regulations. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Side Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Minimum Rear Yard In accordance with the provisions of Section 4.2 of this Bylaw or an approved Site Development Plan or Area Structure Plan. For Multi-Lot Developments: in accordance with an approved Site Development Plan or Area Structure Plan. Maximum Height A Development Permit shall not be issued for a Development within the Airport Protection Area, if the highest point of the Development will exceed in elevation at the location of that point any of the following surfaces that project immediately above the surface of the land at that location: the take-off/Approach Surfaces of the runway of the Airport; the transitional surfaces of the runway of the Airport; the outer surface. For the purposes of regulating height: (i) if the proposed Development is a railway, the highest point of the Development shall be deemed to be 6 m (19.7 ft.) higher than the actual height of the rails, and (ii) if the Development is a Road, the highest point of the Development shall be deemed to be 4.5 m (14.8 ft.) higher than the actual height of the part of the highest part of the travelled portion of the Road. Parking Parking and loading requirements shall be provided in accordance with the provisions of Section 4.15 of this Bylaw and the General Municipal Servicing Standards. All loading areas must be fully screened from adjacent streets or sides by opaque Screening consisting of fencing, structures or Landscaping. 7.0 OVERLAY DISTRICT REGULATIONS 7.2 Establishment of Overlay Districts County of Vermilion River 427 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Subdivision In accordance with the provisions of Part 3 of this Bylaw and the County's Municipal Development Plan. Density Bonus In accordance with the provisions of Section 4.18 of this Bylaw or an approved Site Development Plan or Area Structure Plan. Accessory Buildings In accordance with the provisions of Section 4.2 of this Bylaw. Signage In accordance with the provisions of Section 4.21 of this Bylaw. Vermilion Airport Airport Vicinity Protection Area Comprising the land in the County of Vermilion River described below: In Township 50, Range 6, West of the 4th Meridian: (i) North half of Section 27; (ii) North half of the Southeast Quarter of Section 27; (iii) South half of Section 34. In Township 51, Range 6, West of the 4th Meridian: (i) Southwest Quarter of Section 4; (ii) South half of Section 5. Height Limitations Basic Strip The basic strip associated with the Airport runway is an area 304 m (997.4 ft.) in width and 1314 m (4399.6 ft.) in length, located as shown in Figure 12. Approach Surfaces There is an Approach Surface associated with each end of the basic strip, and in each case the surface is an imaginary surface consisting of an inclined plane that: 7.0 OVERLAY DISTRICT REGULATIONS 7.2 Establishment of Overlay Districts County of Vermilion River 428 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS commences and Abuts the end of the basic strip, rises at an angle of 1.15 degrees (1:50) measured from an imaginary horizontal surface at the elevation of the end of the basic strip, diverges outward on each side as it rises, at an angle of 8.53 degrees measured from the respective projected lateral limits of the basic strip and ends at its intersection with the outer surface. Transitional Surfaces There is a transitional surface associated with each lateral limit of the basic strip, and in each case the transitional surface is an imaginary surface consisting of an inclined plane that: commences at and Abuts the lateral limit of the basic strip, rises at an angle of 8.14 degrees (1:7) measured from the lateral limit of the basic strip, and ends at its intersection with the outer surface or an Approach Surface. Outer Surface The outer surface of the Protection Area is an imaginary surface consisting of a common plane established at a constant elevation of 45 m (147.6 ft.) above the elevation of the Airport reference point. 7.0 OVERLAY DISTRICT REGULATIONS 7.2 Establishment of Overlay Districts County of Vermilion River 429 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Lloydminster Airport Airport Vicinity Protection Area Comprising the land in the County of Vermilion River described below: In Township 50, Range 1, West of the 4th Meridian: (i) Northeast Quarter of Section 8; (ii) East half of Northwest Quarter of Section 8; (iii) North half of Section 9; (iv) North half of Section 10; (v) Southwest Quarter of Section 13; (vi) South half of Section 14; (vii) Northwest Quarter of Section 14; (viii) Section 15; (ix) Section 16; and (x) South half of Section 17. Height Limitations Basic Strip The basic strip associated with the Airport runway is an area 150 m (492.1 ft.) in width and 1,820 m (5,971.1 ft.) in length, located as shown in Figure 12. Take-off/Approach Surfaces There is a take-off/Approach Surface associated with each end of the basic strip, and in each case the surface is an imaginary surface consisting of an inclined plane that: commences and Abuts the end of the basic strip, rises at an angle of 1.15 degrees (1:50) measured from an imaginary horizontal 7.0 OVERLAY DISTRICT REGULATIONS 7.2 Establishment of Overlay Districts County of Vermilion River 430 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS surface at the elevation of the end of the basic strip, diverges outward on each side as it rises, at an angle of 8.53 degrees (3:20) measured from the respective projected lateral limits of the basic strip and ends at its intersection with the outer surface. Transitional Surfaces There is a transitional surface associated with each lateral limit of the basic strip, and in each case the transitional surface is an imaginary surface consisting of an inclined plane that: commences at and Abuts the lateral limit of the basic strip, rises at an angle of 8.14 degrees (1:7) measured from the lateral limit of the basic strip, and ends at its intersection with the outer surface or a take- off/Approach Surface. Outer Surface The outer surface of the Airport Protection Area is an imaginary surface consisting of a common plane established at a constant elevation of 45 m (147.6 ft.) above the elevation of the Airport reference point and extending to the outer limits of the Airport Protection Area. Approvals Approval of Development within the District may be required by Provincial Regulation and, if that is the case, issuance of such permit will be a requirement for any Development Permit issued in this District. Application Referral In accordance with the provisions of Section 2.15 of this Bylaw. Special Uses Wind Energy Conversion Systems shall be governed by the regulations contained in Section 5.3 of this Bylaw. 7.0 OVERLAY DISTRICT REGULATIONS 7.2 Establishment of Overlay Districts County of Vermilion River 431 Land Use Bylaw 19-02 ELEMENT PERMITTED DISCRETIONARY ADDITIONAL PROVISIONS Outdoor Storage Outdoor storage areas of material and equipment, garbage, and waste material shall be screened from adjacent sites and public thoroughfares, excluding lanes. Exceptions At the discretion of the Development Authority, the height provisions of these regulations may be waived for church steeples, belfries, towers, cupolas, and similar architectural features; flagstaffs, chimneys, elevator mechanisms and housings, water tanks, stand pipes, and similar utility structures; and radio and television towers and Antennas, and similar telecommunication structures. Notwithstanding any other regulations of this Bylaw to the contrary, no Development that conflicts with an Intermunicipal Development Plan should be allowed within AVA Overlay. Environmental The Development Authority may require the submission of a storm water management plan acceptable to the County prior to considering any approval of any Development. The Development Authority may require as a condition of the approval of any Development that the Developer provide or agree to being responsible for the provision of whatever storm water management facilities the storm water management plan may recommend. Additional Regulations In accordance with the provisions of Section 4.7 of this Bylaw, as applicable. 7.0 OVERLAY DISTRICT REGULATIONS 7.2 Establishment of Overlay Districts County of Vermilion River 432 Land Use Bylaw 19-02 ENVIRONMENTALLY SENSITIVE AREA (ESA) OVERLAY Es Esta ta ta ta ta ta ta ta ta ta ta ta ta t blblblblblblblblblblblblblblblblisisisisisisisisisisisisisisisisisisis The purpose of the Environmentally Sensitive Area (ESA) Overlay is to designate and describe those areas within the County that possess physical and/or environmental characteristics that require special consideration of applications for Uses, which might affect: the Building or the land; the management of surface or subsurface water; safety of future land Occupants due to increased fire, flood, or other natural hazards from the proposed Development; the uneconomic extension of public facilities and services; or the land has been designated as environmentally sensitive or significant by a federal or provincial agency or in a regional plan. Of specific concern is Development in flood-prone areas, landslide areas, and areas of steep slope or unstable soils, wetlands, noise or other pollution of environmentally sensitive areas, such as wildlife corridors/habitats. Other sensitive areas, like scenic view Sheds, also may require careful assessment prior to alteration or impact. The most intensive Uses of these areas will normally be for outdoor recreation activities or passive Uses not requiring significant infrastructure such as Roads or utility services. These areas may represent diverse types of land and possess varied physical and geographical conditions and are an important physical, environmental, social, aesthetic, and economic asset to both the residents and businesses in the County. The preservation of a balanced system of Open Space will complement parks and trails and provide a visual relief of Development. It is the intent of these regulations to permit the widest possible latitude in the Development of land, while at the same time requiring design solutions, which will avoid detrimental impacts on sensitive Natural Areas, as well as provide protection from adverse natural forces and hazards. The Environmentally Sensitive Area (ESA) is not intended to replace conservation Easements. If there is a conflict, the more restrictive provision(s) shall apply. Uses not listed as a Permitted Use or Discretionary Uses in this section are not allowed on lands to which this section applies. APPLICABILITY This Overlay applies to all the land in the County of Vermilion River designated as Environmentally Sensitive Area (ESA), including lands within 800 m (0.5 mile) of the boundary of an ESA, on the Land Use District Map. The regulations of this Section apply in addition to the other regulations of this Bylaw within the Environmentally Sensitive Area Overlay identified on Map 2 - Future Land Use, of the Municipal Development Plan. 7.0 OVERLAY DISTRICT REGULATIONS 7.2 Establishment of Overlay Districts County of Vermilion River 433 Land Use Bylaw 19-02 The Environmentally Sensitive Area (ESA) Overlay, if not showing on the Land Use map per se, shall nonetheless include areas of the County designated as: 1. 100-year Flood Plain; 2. Hazard Lands including areas unstable soil conditions, slopes in excess of 15%, and areas subject to flooding; 3. areas of high-water table and ground water including wetlands, perched water, drainage ways and swampy conditions; 4. other environmentally sensitive areas that may be described by metes and bounds and included within a regional plan; and 5. lands within 800 m (0.5 mile) of the boundary of lands as described above. 8.0 Definitions County of Vermilion River 434 Land Use Bylaw 19-02 8.0 Definitions Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Co Coun un un un un un un un un un un un un un un un un un un un un untytytytytytytytytytytytytytytytytytytytytytytytytyty of f f f f f f f f f f f Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve Ve V rm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rmilililililililililililililililililili ioioioioioioioioioioioioioioioioioioioioion RiRiRiRiRiRiRiRiRiRiRiRiRiRiRiRiRiRiRiR ve ve ve ve ve ve ve ve ve ve ve ve ve ve ve ve ve ver 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 434 La La La La La La La La La La La La La La L nd nd nd nd nd nd nd nd nd nd nd nd nd nd Use se se se se se se se se se se se se se se se se se Bylylylylylylyly aw aw aw aw aw aw aw aw aw aw aw aw a 19-02 02 02 02 02 02 02 02 02 02 02 02 02 02 02 PART 8.0 DEFINITIONS 8.0 Definitions County of Vermilion River 435 Land Use Bylaw 19-02 This Page Intentionally Left Blank 8.0 Definitions County of Vermilion River 436 Land Use Bylaw 19-02 DEFINITIONS Where a specific Use applied for generally conforms to the wording of two (2) or more Uses, the Development Authority shall determine the Use that fits closest to the Development's character and purpose. The following words, terms, and phrases, wherever they occur in this Bylaw have the meaning assigned to them as follows: A "ABATTOIR" means an Abattoir as defined in the Meat Inspection Act. "ABUT or ABUTTING" means immediately contiguous or physically touching, and, when used with respect to a Lot or Site, means that the Lot or Site physically touches upon another Lot or Site sharing a Property Line or boundary line with it. "ACCESSORY BUILDING" means a Building separate and subordinate to the Main Building, the Use of which is incidental to the Main Building and is located on the same Lot. An Accessory Building to a Residential Use means a Garage, Carport, Shed, storage Buildings, hobby Greenhouse, sundeck, Patio, permanently installed private swimming pool or hot tub, and similar Buildings. Where an Accessory Building is attached to the Main Building by a Roof or an open or enclosed structure, except Carports where vehicular access to the Rear Yard is not obstructed, said Accessory Building is part of the Main Building and not an Accessory Building and shall, unless otherwise specified in this Bylaw, adhere to the Yard and other requirements for Main Buildings. "ACCESSORY LIVING QUARTERS" means Development of an Accessory Use to a structure in which the Main Use is Single-Detached Dwelling consisting of a self-contained Dwelling Unit that provides dependent Living Quarters intended for the sole Occupancy of one (1) or two (2) adult Persons, which has access to the adjoining Dwelling Unit. Accessory Living Quarters may be attached or located within the main Habitable Dwelling Unit on the Lot and share some or all accessory areas with the main Dwelling Unit, including access to grade, but may not provide kitchen facilities other than a bar sink and an under-counter refrigerator; no cooking devices or other food storage facilities are permitted. "ACCESSORY USE" see "SUBORDINATE USE" "ACT" means the Municipal Government Act; RSA 2000 c. M26, as amended or repealed and replaced from time to time. "ADAPTIVE REUSE" means a process of retrofitting old Buildings for new Uses, which allows structures to retain their historic or cultural integrity while meeting the needs of modern Occupants. Adaptive Reuse is different from restoration or preservation. While a restoration or preservation project involves restoring a Building to its original state, Adaptive Reuse actually changes the intent of a structure to meet the modern needs. 8.0 Definitions County of Vermilion River 437 Land Use Bylaw 19-02 Still, some adaptive-reuse projects do include restoration of the Building's façade or parts of the interior to look as it did in times past. Older Buildings often showcase aesthetics that modern Buildings simply cannot afford. Built when skilled labor was cheap, these structures often boast a higher attention to detail than those built today. Architectural elements include sculpted stone, columns and capitals, elaborate masonry, vaulted ceilings, and carved wood, all of which can be prohibitively expensive today. Adaptive Reuse of such Buildings allows a Building to retain much of its character and aesthetics by incorporating these elements into the new framework. "ADJACENT LAND" means land that is contiguous to a particular Lot or Parcel of Land; including land that would be contiguous if not for a Highway, a river, stream, railway, Road, utility right of way, or reserve land (see Figure 13), and any other land identified in this Bylaw as adjacent for the purpose of satisfying Adjacent Land requirements. Figure 13. Adjacent Land examples in rural and hamlet/multi-Lot residential areas. "ADULT ENTERTAINMENT ESTABLISHMENT" means an establishment that provides live entertainment for its patrons, which includes the display of nudity. Adult Entertainment Establishment does not include Cannabis Lounge or Licensed Cannabis Retails Sales Establishment. "ADULT USE" means any of the following: Adult Bookstore, Adult Motion Picture Theatre, Adult Paraphernalia Store, Adult Video Store, and Live Nudity Establishment or any other business or establishment characterized by an emphasis depicting, describing, or related to sexual conduct or excitement. For the purposes of this definition, an Adult Use is any Use or combination of Uses that either have greater than twenty-five percent (25%) of the subject establishment's inventory stock or twenty-five percent (25%) of the subject Premises' gross Floor Area or 18.6 m2 (200 sq. ft.), whichever is greater, devoted to materials for sale 8.0 Definitions County of Vermilion River 438 Land Use Bylaw 19-02 or rent distinguished by or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement. Adult Uses shall require a minimum Separation of 300 m (984.25 ft) from a school or Public Building or similar sensitive Uses. "ADVERSE EFFECT" means one or more of the following: impairment of the quality of the natural environment for any Use that can be made of it, injury or damage to Property or to plant or animal life, harm or material discomfort to any Person, an Adverse Effect on the health of any Person, impairment of the safety of any Person, rendering any Property or plant or animal life unfit for use by man, loss of enjoyment of normal use of Property, and interference with the normal conduct of business. "AFFORDABLE HOUSING" means Inclusionary Housing Dwelling Units that may be purchased or rented by those who meet the Affordability Guidelines as established in the County of Vermilion River Inclusionary Housing Bylaw, and whose expenditure for housing costs does not exceed 30% of the gross annual income of an Owner and 28% of the gross annual income of a renter in the previous calendar year. Housing costs includes: 1) for Owners: payments for principal and interest on a mortgage, Property taxes, and Condominium fees, if any, or 2) for renters: rent including heat, furnishings, if provided, but not utilities. "AGRI-BUSINESS" means those commercial or Industrial Uses, which may involve facilities or processes that in the opinion of the Development Authority may not be able to co-exist compatibly in proximity to other Uses or population concentrations due to the potential for an adverse environmental impact beyond the immediate Site of the Agri-Business Use. Such activities are characterized by wholesale or retail sales, and Outdoor Storage/display of agriculture- related equipment, inputs, and products, Parking Areas, outdoor lighting, and signage, accessory structures (e. g., facilities, workshops), generation of low to moderate traffic volumes, noises, odours, dust, or other potential Nuisances associated with agriculture-related production or processing. Agri-Business may include, but is not limited to, value-added or related businesses such as implement dealers, Veterinary Clinics, farm machinery repair Shops, agricultural supply sales, marketing, storage, and distribution centers; plant and tree nurseries and facilities for the processing of natural agricultural products or by-products, including fruits, vegetables, silage, or animal proteins; the processing of raw materials or operation of an Industrial Park. Agri- Business does not include Licensed Cannabis Storage and Distribution Facility. "AGRICULTURAL INDUSTRY" means an industrial activity involving the processing, cleaning, packing, or storage of the results from Agricultural Production. Agricultural Industry includes, but is not restricted to, 8.0 Definitions County of Vermilion River 439 Land Use Bylaw 19-02 seed cleaning and/or processing plants and Grain Elevators, but does not include the manufacture of processed foods resulting from Agricultural Production or Abattoirs, and does not include a Licensed Cannabis Production Facility and/or Industrial Hemp Production Facility. "AGRICULTURAL LAND, HIGHER CAPABILITY" means a quarter section consisting of at least 20.23 ha (50 ac.) of land having a Farmland assessment productivity rating equal to or greater than 41%; or, if no rating is available, at least 60% of its land area rated within Canada Land Inventory (C.L.I.) classes 1-3 for soil capability for agriculture. "AGRICULTURAL LAND, LOWER CAPABILITY" means a quarter section consisting of less than 20.23 ha (50 ac.) of land having a Farmland assessment productivity rating of less than 41%; or, if no rating is available, up to 60% of its land area rated above Canada Land Inventory (C.L.I.) classes 1-3 soil capability for agriculture. "AGRICULTURAL LOT OR PARCEL" means a Lot or Parcel for which the Owner can demonstrate that they have been approved for the Alberta Farm Fuel Program, as provided for in the Fuel Tax Act, by providing a copy of their current AFFB Registration Number. "AGRICULTURAL OPERATION" means an Agricultural Operation as defined in the Agricultural Operation Practices Act; (MGA, Part 17, Section 616(a). Licensed Cannabis Production Facility and/or Industrial Hemp Production Facility are excluded from this Use. "AGRICULTURAL PRODUCTION" means the production of an Agricultural Operation. It shall also mean the agricultural product storage, service facilities, and Farmsteads, which relate to the individual farm Unit. Licensed Cannabis Production Facility and/or Industrial Hemp Production Facility are excluded from this Use. "AGRICULTURAL SUPPORT SERVICES" means the Use of land and/or Buildings for the purpose of the supply of goods, materials, or services directly and primarily to Agricultural Operations. This includes but is not limited to the sale, servicing, and storage of seed, feed, fertilizer, chemical products, fuel, and agricultural machinery, but does not involve Salvage Yards and, does not include a Licensed Cannabis Production Facility and/or Industrial Hemp Production Facility and does not include the processing of raw materials or operation of an Industrial Park. Agricultural Support Services does not include Licensed Cannabis Storage and Distribution Facility. "AGRI-TOURISM" means a range of tourist activities associated with working extensive Agricultural Operations that may involve agricultural tours, special promotional events related to Agricultural Operations, and on-site tourist accommodation for not more than forty-five (45) tourists and, does not include a Licensed Cannabis Production Facility and/or Industrial Hemp Production Facility. "AIRPORT" means any area of land or water, including the frozen surfaces thereof, or other supporting surfaces used, or intended to be used, either in whole or in part for the arrival and departure or servicing of aircraft, and includes any Building, installation, or equipment in connection therewith. "ALTERNATIVE ENERGY SYSTEM" means any system that harnesses natural elements such as solar, water (including rainwater) or geothermal sources to generate electrical, thermal, or mechanical energy and only 8.0 Definitions County of Vermilion River 440 Land Use Bylaw 19-02 utilizes renewable resources consistent with the Alberta Regulation 27/2008, Electric Utilities Act, Micro- Generation Regulation. And does not include the use of rainwater for irrigation and watering of plants. "AMUSEMENT ESTABLISHMENT, INDOOR" means a Development providing recreational facilities with table games and/or electronic games played by patrons for entertainment. Indoor Amusement Establishments may include billiard parlours and electronic games arcades with tables and/or games, and bowling alleys. Indoor Amusement Establishment does not include Cannabis Lounge or Licensed Cannabis Retails Sales Establishment. "AMUSEMENT ESTABLISHMENT, OUTDOOR" means a Development providing recreational facilities outdoors played by patrons for entertainment. Outdoor Amusement Establishments may include amusement parks, go-cart tracks, and miniature golf courses. However, outdoor Amusement Establishments do not include drive-in motion picture theatres, carnivals, or circuses. "ANIMAL BREEDING AND/OR BOARDING FACILITY" means an establishment for the keeping, breeding, housing, exercising, training, and/or raising of four (4) or more animals over six (6) months in age that are not Livestock for profit or gain such as riding stables, Kennels, or similar facilities and uses; but shall not apply to the keeping of animals in a Veterinary Clinic for the purpose of observation and/or recovery necessary to veterinary treatment. "ANIMAL HOSPITAL" means a Building used by veterinarians primarily for the purposes of the consultation, diagnosis, and office treatment of Household pets, but shall not include long-term board facilities for animals nor Kennels. "ANTENNA" means a structure designed for receiving and transmitting communication signals. "ANTENNA, AMATEUR RADIO" means an installation consisting of an Antenna array, mounted on a metal tower or support structure, designed for receiving and transmitting radio signals by licensed Amateur Radio operators. For the purposes of this Bylaw, an Amateur Radio Antenna is considered an Accessory Use. "APARTMENT" see "DWELLING, APARTMENT". "APPROACH" means an access/egress point from a Lot or Parcel of Land onto a Road or Highway built to the specifications of the relevant approving authority (i.e. County of Vermilion River or Alberta Transportation). "AREA STRUCTURE PLAN" refers to a statutory document as identified in MGA, Part 17, Section 633, which provides specific direction, including policy statements, on how an area is to develop, identifying the specific mix and Density of Land Uses, utility services, as well as layout of streets, blocks, and Lots needed to create a well-designed and successful community, business, commercial, or industrial area. Proponents of Area Structure Plans are directed to reference County Policy PD-011 for requirements in submitting an Area Structure Plan and are encouraged to hold a pre-application meeting with the County. "ARC, ROTOR" means the largest circumferential path traveled by the Blades in a large Wind Energy Conversion System (WECS). 8.0 Definitions County of Vermilion River 441 Land Use Bylaw 19-02 "AUCTIONEERING ESTABLISHMENT" means a Development specifically intended for the auctioning of goods and equipment, including the temporary storage of such goods and equipment. Auctioneering Establishments do not include flea markets. "AUTOMOTIVE AND EQUIPMENT REPAIR SHOP, HEAVY" means a Development where heavy Trucks, agricultural equipment, Construction Equipment, and similar Vehicles are serviced or mechanically repaired and where related accessories and parts are sold and/or installed. "AUTOMOTIVE AND EQUIPMENT REPAIR SHOP, LIGHT" means a Development where automobiles, motorcycles, snowmobiles, and similar Vehicles are serviced or mechanically repaired and where related accessories and parts are sold and/or installed. Automotive and Equipment Repair Shop, Light include transmission Shops, muffler Shops, tire Shops, automotive glass Shops, and upholstery Shops, but not body repair or paint Shops. "AUTOMOTIVE AND RECREATIONAL VEHICLE SALES/RENTALS ESTABLISHMENT" means a Development where new or used automobiles, Trucks, motorcycles, snowmobiles, tent Trailers, boats, travel Trailers, or similar Recreational Vehicles or crafts are sold or rented, together with incidental Maintenance services and sale of parts. Automotive and Recreational Vehicle Sales/Rental Establishments include automobile, Recreational Vehicle, and motorcycle dealerships and rental agencies. "AUTO WRECKER" means a Use where the primary activity is the storage and wrecking of Vehicles, usually for parts or scrap metal re-sale. "AXIS ROTOR, HORIZONTAL" means a large Wind Energy Conversion System (WECS) that has the rotor mounted on an axis parallel to the surface of ground. "AXIS ROTOR, VERTICAL" means a large Wind Energy Conversion System (WECS) that has the rotor mounted on an axis perpendicular to the surface of the ground. B "BACKYARD COTTAGE" means Development of a Subordinate Use to a structure in which the Main Use is Single-Detached Dwelling consisting of a self-contained Dwelling Unit that provides separate, independent Living Quarters for one (1) Household. Backyard Cottages may be attached, detached, and provide kitchen facilities, including cooking devices and 220-volt wiring. Backyard Cottages shall be located behind the Main Building and shall be located on the same Lot or Parcel as the Main Use. Garden Suites, Tiny Homes, and similar structures may be considered a Backyard Cottage at the discretion of the Development Authority. "BARE LAND CONDOMINIUM" means a Condominium Development Subdivision containing Bare Land Condominium Units, created specifically through Subdivision and registered as a Condominium plan in accordance with the Condominium Property Act, RSA 2000, c. 22. 8.0 Definitions County of Vermilion River 442 Land Use Bylaw 19-02 "BARE LAND CONDOMINIUM UNIT" means a Bare Land Unit as defined in the Condominium Property Act, RSA 2000, c. 22. "BASEMENT" means the portion of a Development, which is wholly or partially below grade, having above grade no more than 1.8 m (6.0 ft.) of its clear height lying below the finished level of the floor directly above. The Use of a Basement as a Secondary or Accessory Dwelling or Accessory Living Quarters in an existing house requires the Basement ceiling height to be 1.95m (6'-5") and must conform to Table 9.5.3.1 of the Alberta Building Code, 2014 and be a minimum of 1.85m (6'-1") to the underside of beams and ductwork. "BED AND BREAKFAST ESTABLISHMENT" means a Development within a Dwelling that contains a Dwelling Unit, where temporary sleeping accommodations, up to a maximum of three (3) bedrooms, with or without meals, are provided for remuneration to members of the public. A Bed and Breakfast Establishment shall not include a Boarding House. "BERM" means a landscaped earthen mound that is utilized to attenuate the noise and visual effects of Adjacent Land Uses and/or direct ground water flows as part of an engineered storm water management system. "BLADE" means an element of a large Wind Energy Conversion System (WECS) rotor, which acts as a single airfoil, thereby extracting kinetic energy directly from the wind. "BLADE CLEARANCE", in reference to a Horizontal Axis Rotor, means the distance from grade to the bottom of the rotor's arc (see Arc, Rotor). "BOARDING HOUSE" means a Building or portion thereof where meals are served for a remuneration involving no more than three (3) Persons, exclusive of the Occupant and immediate family. For the purposes of this Bylaw, Boarding Houses shall not include an eating or Drinking Establishment, a Drive-In Restaurant, a refreshment stand, or other Similar Use. "BUFFER" means Berms, fencing and planting with the function of Screening noise, views, dust, sprays, and uses between properties where off-Site impacts may occur. "BUILDING" includes any enclosed structure having a roof and walls constructed or placed on, in, over, or under land, but does not include a Highway or Road or a bridge that forms part of a Highway or Road. Building may also refer to the process or business of constructing something by putting parts or material together. "BUILDABLE AREA" means the greatest horizontal area of a Building above grade within the glass line of Exterior Walls, or within the glass line of Exterior Walls and the centerline of firewalls. "BUILDING" includes a structure and any part of a Building or structure placed in, on, or over land whether or not it is so affixed to become transferred without special mention by a transfer or sale of the land. "BUILDING CONVERSION" means the act of changing an existing structure designed and built for non- Residential Use to Residential Uses or to a non-Residential Use other than the existing one within those allowed in the applicable Land Use District, but does not entail Structural Alterations to the existing structure. 8.0 Definitions County of Vermilion River 443 Land Use Bylaw 19-02 "BUILDING COVERAGE RATIO" means the sum of the ground Floor Areas of all Buildings on a Lot divided by the area of the Lot, expressed as a percentage. "BUILDING HEIGHT" means the vertical distance from the Established Grade to the highest point of a Building, excluding a stairway entrance, an elevator housing, a mechanical skylight, ventilating fan, chimney, steeple, firewall, parapet wall, flagpole, radio Antenna, or similar device not structurally essential to the Building (see Figure 14). Figure 14. Building Height. "BUILDING MATERIAL" means all material accumulated on Premises while constructing, altering, repairing, or demolishing any structure and includes, but is not limited to, earth, wood debris, vegetation, or rock displaced during such Construction, alteration, or repair. "BUILDING REHABILITATION" means the alteration, rehabilitation, Renovation, repair, addition, or change in Use of an existing Building that entails Structural Alterations to the existing structure but does not include demolition of an existing structure. Building Rehabilitation does not apply to new Construction. "BUILDING SEPARATION" means the minimum distance between two Abutting Buildings measured from the final finish of Exterior Walls. "BULK FUEL STORAGE AND SALES" means lands, Buildings, and structures for the storage and distribution of fuels and oils including retail sales and key lock operations. "BUSINESS SUPPORT SERVICES ESTABLISHMENT" means a Development providing support services to businesses. Business Support Services Establishments are characterized by one or more of the following features: the use of minor mechanical equipment for printing, duplicating, binding or photographic 8.0 Definitions County of Vermilion River 444 Land Use Bylaw 19-02 processing; the provision of office Maintenance or custodial services; the provision of office security; or the sale, rental, repair or servicing of office equipment, furniture, and machines. Business Support Services Establishments include printing establishments, film processing establishments, janitorial firms, and office equipment sales and repair establishments. "BOULEVARD" means 'Boulevard' as defined in the Traffic Safety Act, RSA 2000, as amended. A Boulevard may have trees, grass, or flowers planted down its center or along its sides. C "CABIN" means a one-room structure (not including a washroom, bathroom, or toilet) intended for short- term Occupancy, often rented for a short amount of time to the traveling or vacationing public. Cabin does not include Manufactured Homes, Recreational Vehicles, Motor Homes, and similar Recreational Vehicles, nor Backyard Cottage, Tiny Home, Boarding House or Similar Uses. "CAMPGROUND" means a Multi-Lot Development where tents are erected and/or Recreational Vehicles are parked for the purpose of overnight or short-term accommodation. A Campground includes any Building, structure, tent, Vehicle, or enclosure accessory to the Main Use that is located on the land and used as an integral part of the Campground such as washhouses, gazebos, picnic shelters, etc. "CAMPSITE" means a Multi-Lot Development of a specified area or Site within a Campground or other recreational area intended for Occupancy by tents, tent Trailers, Recreational Vehicles, campers, Motor Homes, or other similar Recreational Vehicles on a limited, short-term basis. This does not include Sites, Lots, or Parcels for Manufactured Homes, Cabins, Motels, Hotels, or Boarding Houses. "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 and its regulations, as amended from time to time, and includes edible products that contain Cannabis. This excludes Industrial Hemp licensed or exempt by the federal government under the Industrial Hemp Regulations (or other applicable Acts or regulations at the time of application). "CANNABIS, NON-MEDICINAL" means Cannabis for recreational purposes that is not prescribed by a health care practitioner as defined by provincial or federal legislation. "CANNABIS, MEDICINAL" means Cannabis prescribed by a health care practitioner as defined by provincial or federal legislation. "CANNABIS ACCESSORY" means Cannabis Accessory as defined in the Cannabis Act (Canada) and its regulations, as amended from time to time and includes, but is not limited to; rolling papers or wraps, holders, pipes, water pipes, bongs, vaporizers, or anything that is deemed to be used in the consumption of Cannabis. 8.0 Definitions County of Vermilion River 445 Land Use Bylaw 19-02 "CANNABIS ACCESSORY STORE" means a retail store unlicensed by the Province of Alberta where Cannabis Accessories are sold at the Premises and does not include the sale of Cannabis Products nor does include Cannabis Lounge. "CANNABIS PRODUCTS" means Cannabis processed for smoking, growing, dabbing, vaping, wearing, eating, storing, or otherwise consumed; and concentrates including edibles, extracts, and topicals. "CANNABIS LOUNGE" means a Development where the primary purpose of the facility is the sale of Cannabis to the eligible public, for the consumption within the Premises that is authorized by provincial or federal legislation. This does not include Cannabis production and distribution "CARPORT" means a Roofed structure used for storing or parking not more than two (2) Vehicles and which has not less than forty percent (40%) of its total perimeter open and unobstructed. "CARRIER" means a company or applicant that provides wireless commercial or essential institutional communications services. "CEMETERY" means Development of land for the interment or entombment of the deceased, and may include, at the discretion of the Development Authority, crematoriums, mausoleums, and memorial parks or a Religious Assembly, and one attached or separate manse. "CHILD CARE FACILITY" means a Development licensed by the Province that is intended to provide personal care, educational services, or supervision, without overnight accommodation, for seven (7) or more children at one time for more than three (3), but less than twenty-four (24) consecutive hours in a day. This definition includes daycare centres, drop-in centres, nursery schools, playschools, and out-of-school care for the provision of care before and after school hours, and during school holidays for both pre-school and school age children but excludes family Day Homes. "CLUSTERING" means a Building pattern concentrating single or multi-storied Lots or Units on a particular portion of a Parcel. Clustering can have a variety of configurations, including independent, back-to-back, interlocking, closed, or open clusters. "CLUSTERED DEVELOPMENT" means the grouping of similar objects into a set. Clustered Development is encouraged within Regional Planning Areas by Clustering Lots or Units together. Clustered Development may incorporate incremental density up to the next level where servicing can support the additional demand. Clustered Development incorporates Low Impact Development practices and requires preparation and approval of a Site Development Plan or Area Structure Plan for Development that would create more than four (4) titles per quarter section, consistent with the policies in the County's Municipal Development Plan. (See Figure 15, a-b) 8.0 Definitions County of Vermilion River 446 Land Use Bylaw 19-02 Figure 15, a-b. Examples of Commercial/Industrial Cluster Developments. (a) Industrial/Commercial Cluster Development Layout (b) Industrial/Commercial Cluster Developments 8.0 Definitions County of Vermilion River 447 Land Use Bylaw 19-02 "CONDOMINIUM" means a form of legal Ownership, containing Units and Common Property, created specifically through Subdivision and registered as a Condominium plan in accordance with the Condominium Property Act, RSA 2000, c. 22. "CONSERVATION AREA" means either an Environmentally Sensitive Area, Historic Resource Value Area, an Agriculture Conservation Area, Open Space Reserve, or an area of similar interest where the County wants to conserve and protect significant features through best management practices to prevent depletion, decay, waste, or loss. "CONSERVATION DEVELOPMENT" means the Subdivision of land for Residential Use Development that dedicates at least 80% of the gross-developable area as Open Space, recreation, environmental, or agricultural Uses, and which may have a higher net Density than conventional multi-Lot residential Development s by means of Clustering. Conservation Development incorporates Low-Impact Development practices and requires preparation and approval of a Site Development Plan or Area Structure Plan for Development of more than four (4) Lots or Parcels. (See Figure 16, a-b) Figure 16, a-b. Example of a Residential Conservation Development. "CO-LOCATION" means locating jointly on a Site, tower, and accessory or ancillary buildings together with other Wireless Communications Operators. "COMMERCIAL STORAGE" means a self-contained Building or group of Buildings containing lockers available for rent for the storage of personal goods or a facility used exclusively to store bulk goods of a non-hazardous nature. This Use does not include Outdoor Storage and, does not include a Licensed Cannabis Storage and Distribution Facility. Conservation Spaces (a) Conventional Subdivision layout (b) Conservation Subdivision layout 8.0 Definitions County of Vermilion River 448 Land Use Bylaw 19-02 "COMMERCIAL USE" means a business through which products, services, or entertainment are available to consumers, whether the public or other commercial establishments, and does not include the Manufacturing of products. Without limiting the generality of the foregoing, Commercial Use shall include, in this Bylaw, Uses such as Animal Hospitals, Bed and Breakfast Establishments, Business Support Services Establishments, Campgrounds, Drive-In Businesses, Drive-In Restaurants, Eating and Drinking Establishments, Entertainment Establishments, general retail stores, Greenhouses, Health Services, Highway Commercial Uses, Hotels, Office Uses, Personal Service Shops, Recreation Camps, Recreational Vehicle Parks, and resorts. Commercial Use does not include a Licensed Cannabis Retail Sales Establishment, Cannabis Lounge, or Medical Cannabis Clinic. "COMMERCIAL VEHICLE" means a motor Vehicle registered as a 'Commercial Vehicle' pursuant to the Traffic Safety Act. "COMMON AREAS" means amenities such as corridors, hallways, lobby, outdoor and/or indoor recreation areas, laundry, or similar facilities provided for the comfort and use of all Occupants, Owners, tenants, or users of a Building or Building complex. "COMMON PROPERTY" means the components of a Multi-Unit project where use and Ownership is shared amongst the individual Unit Owners, such as parking, lobbies, hallways, recreation facilities, etc. "COMMUNITY GARDEN" means Property or Premises either public or private that are used for crop Cultivation by individuals or collectively and may be divided into multiple plots. "COMPOST FACILITY, CLASS I" means a 'Class I Compost Facility' as defined in the Waste Control Regulation. COMPOST FACILITY, CLASS I does not include a residential composter. "COMPOST FACILITY, CLASS II" means a 'Class II Compost Facility' as defined in the Waste Control Regulation. COMPOST FACILITY, CLASS II does not include a residential composter. "CONFINED FEEDING OPERATION" means a Confined Feeding Operation as defined in the Agricultural Operation Practices Act. "CONSTRUCTION" means the temporary process of demolishing or Building any structure, or repairing or improving a Building that already exists, including Landscaping, home repair, Property improvement, and any work in connection with that process. Construction includes all manner of Development as defined in this Land Use Bylaw, as amended or repealed and replaced from time to time. "CONSTRUCTION EQUIPMENT" includes, but is not limited to trenching machines, concrete mixers, backhoes and similar equipment. "CONTRACTOR SERVICE, LIMITED" means a Development where electrical, plumbing, heating, painting, and similar contractor services are provided, primarily to individual Households. In addition, where goods normally associated with the contractor service may be stored and sold; where all materials are kept within an enclosed Building; and where there are no accessory Manufacturing activities or parking or storage of more than four (4) Vehicles. 8.0 Definitions County of Vermilion River 449 Land Use Bylaw 19-02 "CONTRACTOR SERVICE, GENERAL" means a Development where Building, concrete, Landscaping, electrical, Excavation, drilling, heating, plumbing, paving, Road, oil field, pipeline, or similar services of a Construction or industry services nature are provided, which have on-site storage of materials, Construction Equipment, or Vehicles normally associated with the contractor service, and which is not a Limited Contractor Service. Any sales, display, office, or technical support service areas shall be accessory to the Main Use only. "COUNCIL" means the Council of the County of Vermilion River. "COUNTRY RESIDENCE" refers to an individual, freestanding, unattached Dwelling Unit that is the Main Building on a Lot but does not include Residential Uses in a hamlet. "COUNTRY RESIDENTIAL LOT OR PARCEL" means a subdivided Lot or Parcel of Land, not including Lots within a hamlet, on which the Main Use is a Country Residential Use. In the case of Vacant Lot, Parcel, and/or Farmstead Separations, the Main Use will be a Country Residential Use under the Land Use District designated at time of Subdivision. "COUNTRY RESIDENTIAL USE" means Buildings used or designed for residence or limited Residential Use compatible with the natural character of the terrain, generating a Density of not more than 0.25 du/ac. "CULTIVATION" means prepare and use land to raise crops by ploughing it, planting seeds, and taking care of growing plants. Cultivation does not include Cannabis or Industrial Hemp Cultivation. "CULTIVATION, CANNABIS STANDARD" means a Licensed Cannabis Production Facility with a plant area over 200 m2 (2,153 sq. ft.), as indicated in a valid Cannabis Production Facility license. "CULTIVATION, CANNABIS MICRO" means a Licensed Cannabis Production Facility with a maximum plant area of 200 m2 (2,153 sq. ft.), as indicated in a valid Cannabis Production Facility license. D "DATE OF ISSUE" means the date on which the notice of a decision of the Development Authority is published, or five (5) working days after such a notice is mailed. "DAY CARE FACILITY" means a provincially licensed Development providing daytime personal care, Maintenance and supervision to seven (7) or more children under the age of eleven (11) years, by Persons unrelated to the children by blood or marriage, but does not include overnight accommodation. Day care facilities include day care centres, day nurseries, kindergartens, nursery school, play schools, and after-school or baby-sitting programs that satisfy this definition. Day care facilities shall not include a Day Home, a Family Care Facility, a Group Care Facility, or a school operated by a School Division. "DAY HOME" means a provincially licensed facility operated from a Dwelling supplying childcare supervision to a maximum of six (6) children under the age of eleven (11) years or senior citizens, including any resident children and seniors, for periods of more than three (3) but not more than fourteen (14) consecutive hours. 8.0 Definitions County of Vermilion River 450 Land Use Bylaw 19-02 A Day Home may supply an outside recreation space that is both Fenced and gated and shall meet all fire regulations and health regulations. "DAY-TIME" means the period beginning at 7 a.m. and ending at 11 p.m. of the same day Monday through Saturday. "DECK" means any open structure attached to a Building having a height greater than 0.6 m (2.0 ft.) above grade, and thereby requiring stairs and railings as outlined in regulations approved under the Safety Codes Act. A Deck shall not have railings higher than 1.25 m (4.1 ft.) or a Roof nor can it have walls. "DENSITY" means a measure of the average number of Persons or Dwelling Units per Unit of area. "DENSITY BONUS" means an incentive for Developers to provide Inclusionary Housing, superior design standards, and additional recreational amenities within a Development in exchange for greater Density level than allowed under existing Land Use District. "DESIGNATED DISTRICT" means the Land Use District assigned to land or Property within an area of the county and subject to the regulations for the Designated District within this bylaw. "DEVELOPED PARCEL" means a Lot or Parcel of real Property that has been altered by grading or filling of the ground surface or by Development or any improvement or other impervious surface area. "DEVELOPMENT CONSTRAINTS" means those topographical features that present a barrier for the Development of the land without it resulting in an adverse impact to the environment or an adverse impact on the health and safety of Person or Property. Such topographical features that can present a barrier for Subdivision or Development of land may include, but are not limited to, the following: treed areas, sloughs, poor quality Farmland that is rocky or sandy land or slough areas, land with a Farmland assessment ratio of 41% or less, or slopes in excess of 15% or slopes that are subject to slippage or mass movement. Development Constraints also refers to natural fragmenting features or topographical barriers identified by the County of Vermilion River Municipal Development Plan. "DEVELOPER" means an Owner, agent or any Person, firm, or company required to obtain or having obtained a Development Permit to build on or improve on land or Property. "DEVELOPMENT" means: a Natural Resource Extraction or Ground Disturbance Operations, as defined and regulated under this Bylaw and the provincial government, and the creation of either of them, or a Building or an addition to or replacement or repair of a Building and the Construction or placing of any of them in, on, over or under land, or 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 8.0 Definitions County of Vermilion River 451 Land Use Bylaw 19-02 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; or the demolition or removal of a Building; or the placement of an already constructed or a partially constructed Building on a Lot or Parcel of Land; and without restricting the generality of the foregoing, includes: in the case of a Lot used for residential purposes, alterations made to a Building or an additional Building on the Lot whether or not the Building is a Dwelling or part of a Dwelling Unit, in the case of a Lot used for other than residential purposes, alterations or additions made to a Building on the Lot or a Use of the Lot which would increase either the capacity of the Building or the intensity of Use of the Lot, the display of advertisements or Signs on the exterior of a Building or on any land, any increase in the number of Households Occupying and living in any Building or on any Site, and any Construction or alterations or additions which would provide for an increase in the number of Households which could Occupy and live in any Building or on any Site, including any increase in the number of Dwelling Units in a Building or on a Site, the placing of Refuse or Waste material on any land, the Use of land for the storage or repair of motor Vehicles or other machinery or equipment, the continued Use of land or of a Building for any purpose for which it is being used unlawfully when this Bylaw comes into effect, the demolition or removal of a Building, the placement of an already constructed or a partially constructed Building on a Lot or Parcel of Land, the Use of land for the parking of Trailers, bunk houses, portable Dwellings, skid shacks, or any other type of portable Building whatsoever, whether or not the same has been placed or affixed to the land in any way, the removal of topsoil from land, 8.0 Definitions County of Vermilion River 452 Land Use Bylaw 19-02 the recommencement of the Use to which land or a Building has been previously put if that Use has been Discontinued for a period of more than six months, or the Use of land for storage purposes or for the repair of equipment, Vehicles or other kinds of machinery. "DEVELOPMENT AUTHORITY" means the Development Authority of the County as established by the County's Development Authority Bylaw and appointed by Council. "DEVELOPMENT AUTHORITY OFFICER" means the Development Authority Officer of the County as established by the County's Development Authority Bylaw. "DEVELOPMENT PERMIT" means a document authorizing a Development issued pursuant to this Land Use Bylaw. "DISCONTINUED" means the time at which, in the opinion of the Development Authority, substantial Construction activity, or Use, whether conforming or not conforming to this Bylaw, has ceased. "DOMESTIC PETS" means animals which are not Livestock as defined in the Agricultural Operation Practices Act and that are often kept within a Dwelling Unit. Such animals include dogs, cats, and similar animals. "DRINKING ESTABLISHMENT" means a Development possessing a Class A--Minors Prohibited liquor license, where the sale and consumption of liquor on Site are open to the public and where alcohol, rather than food, is the predominant item consumed. A Drinking Establishment does not include an Entertainment Establishment. "DRIVE-IN BUSINESS" means a Development that serves customers traveling in motor Vehicles driven onto the Site where such business is carried on, where normally the customer either remains in the Vehicle for service, or parks the Vehicle for a short period for doing business at the Premises. Drive-in Businesses include Service Stations, gas bars, Drive-In Restaurants, and drive-through Vehicle service establishments, such as lubrication Shops, Recycling Depots, and Vehicle washing establishments. "DRIVE-IN RESTAURANT" means an Eating and Drinking Establishment that is designed as a Drive-In Business. Drive-In Restaurants may have one or more of the following features: car attendant services, drive-through food pickup services, or parking primarily intended to allow for the on-site consumption of food within a motor Vehicle. "DUGOUT" means the Excavation of land that results in man-made features that entrap water and includes Excavation for a water supply. At its deepest point, a Dugout shall have a depth of no less than 1.0 metre (3.28 feet). Anything designed for a depth shallower than 1.0 metre (3.28 feet) may be considered an ornamental pond for Landscaping purposes. Dugouts shall be in conformance with provincial legislation. "DWELLING" means a Building or a portion of a Building containing one (1) or more Habitable Dwelling Units and their respective Accessory Use areas such that each constitutes a complete Dwelling Unit, and which, 8.0 Definitions County of Vermilion River 453 Land Use Bylaw 19-02 except for Secondary Suites, Accessory Living Quarters, or similar, is not separate from direct access to the outside by another separate Dwelling Unit. "DWELLING, APARTMENT" means a Dwelling containing three (3) or more Dwelling Units but shall not mean Row Housing. "DWELLING, COHOUSING" means a Development that combines the privacy of Single-Family Dwelling Units with extensive common facilities, such as kitchen, dining room, children's playroom, activity rooms, and laundry facilities, thus enhancing a sense of community. Residents often come together to identify a Site and raise predevelopment funds, making the Development process much different from the usual Development of communities. Cohousing Dwellings shall be part of a community developed in a manner that is consistent to this process. Dwellings within a community developed through a different process, but with similar attributes, shall be considered "Cohousing inspired" communities. Figure 17. Examples of Dwelling Types. SINGLE-FAMILY FARM RESIDENCE (A) SINGLE-FAMILY DETACHED DWELLING (CR-A, CR-M, CR-S) SINGLE-FAMILY DETACHED DWELLING (R) 8.0 Definitions County of Vermilion River 454 Land Use Bylaw 19-02 SINGLE-FAMILY DETACHED DWELLING (R1, R2) SINGLE-FAMILY DETACHED DWELLING (R, R1) SINGLE-FAMILY ATTACHED/SEMI- DETACHED DWELLING - DOUPLEX/FOURPLEX/ROW HOUSING (R1, R2, R3) COHOUSING DWELLING (CR-M, R2,R3) MULTI-FAMILY DWELLING (CR-M, R2, R3) 8.0 Definitions County of Vermilion River 455 Land Use Bylaw 19-02 MANUFACTURED HOME COMMUNITY (CR-M, R1, R2, R3) APARTMENT DWELLING (R1,R2) "DWELLING CONVERSION" means a change in the Use of a one (1) Household Dwelling or an accessory area, such as a Basement or attic, within an existing one (1) Household-Dwelling into an additional Dwelling Unit through only minor, non-structural modifications. "DWELLING, DUPLEX" means Development consisting of a Building containing only two (2) Dwelling Units placed, whether in whole or in part, side by side or with one (1) Dwelling placed over the other with individual and separate access from grade to each Dwelling. "DWELLING, FOURPLEX" means Development consisting of a Building containing only four (4) Dwelling Units placed, whether in whole or in part, side by side or with one (1) Dwelling placed over the other with individual and separate access from grade to each Dwelling. "DWELLING, MODULAR" means Development consisting of a prefabricated Building(s) made of repeated sections called modules. Modular Dwellings may contain one (1) or more Dwelling Units placed, whether in whole or in part, side by side or with one (1) Dwelling placed over the other with individual and separate access from grade to each Dwelling. "DWELLING, MOVE-IN/RELOCATION" means the action of moving to a new place a Single-Detached Dwelling, which was built to meet Alberta Safety Codes and Alberta Building Code Standards and has been attached to a permanent foundation on the existing location for more than six (6) months, as defined in the Alberta Building Code. Relocation does not include placement of a Manufactured Home or Modular Dwelling. "DWELLING, MULTI-FAMILY" means a Building containing three (3) or more Dwelling Units typically located one over the other and including garden Apartments, Apartment Buildings, and Condominiums and that share common walls or floor/ceilings with one or more Units. The land underneath the structure is not divided into separate Lots. 8.0 Definitions County of Vermilion River 456 Land Use Bylaw 19-02 "DWELLING, SEMI-DETACHED" means Development consisting of one (1) Dwelling Unit placed, whether in whole or in part, side by side or over the main Dwelling Unit with individual and separate access from grade to each Dwelling. "DWELLING, SINGLE-FAMILY" or "DWELLING, SINGLE-DETACHED" means a standalone Building consisting of one (1) Dwelling Unit intended or designed as a residence for one (1) Household typically constructed on- site. However, a Single-Detached Dwelling may be constructed in pieces off-site, or even in one piece, with the piece(s) being transported to the Site for assembly on Site, and thus may be a Modular Dwelling. "DWELLING, ROW HOUSING" means a Building designed and built to contain three (3) or more Dwelling Units, each located on its Own Lot, with a separate exterior entrance at grade that shares no more than two (2) party walls with adjacent Dwelling Units, and a vertical party wall that is insulated against sound transmission separates the Units. Row Housing does not share common floor/ ceilings with other Dwelling Units. "DWELLING, STACKED ROW HOUSING" means a Development consisting of Row Housing, except that Dwellings may be arranged vertically two (2) deep, so that Dwellings may be placed over each other. Each Dwelling shall have separate and individual access, not necessarily directly, to Grade, provided that no more than two (2) Dwellings may share access to Grade. "DWELLING UNIT" means a self-contained Unit having sleeping, cooking, and toilet facilities, provides 220- volt wiring, and including Accessory Use areas, such as closets, hallways, laundry rooms, storage rooms, and utility spaces that is used or intended to be used exclusively for human habitation permanently, semi- permanently, or seasonally for one (1) Household. This definition shall include Single-Family Dwellings, Duplexes, Semi-Detached Dwellings, Row Housing, Apartments, Modular Dwellings, Mobile and Manufactured Homes, and similar factory or Site-Built Housing types, but shall not include Recreational Vehicles of any kind. "DWELLING UNIT, MAIN" means a Residential Use that is the Main Use on a Lot or Parcel of Land. "DWELLING UNIT, SECONDARY" means a standalone additional Dwelling Unit on a Lot that is separate and subordinate to the main Dwelling, the Use of which is incidental to the main Dwelling, which has a permanent foundation and is located on the same Lot or Parcel of Land. Secondary Dwelling Unit and not contained within the same Building as the Main Dwelling or in an Accessory Building. A Secondary Dwelling Unit may be a Manufactured Home, Modular or Ready-To-Move Dwelling, or a Single-Detached Dwelling, and includes Backyard Cottages, Tiny Homes, and Accessory Living Quarters. Secondary Dwelling Unit does not include a Secondary Suite. "DWELLING UNIT, TEMPORARY" means a temporary, portable detached Dwelling Unit, located on a Lot containing an existing Single-Detached Dwelling. "DWELLING UNIT, HABITABLE" means those areas of a Dwelling Unit, usually of residential Occupancy, fit for human beings to live in on a permanent or temporary basis that provide for living, sleeping, eating, or cooking purposes, but does not include their Accessory Use areas, such as bathrooms, closets, hallways, laundry rooms, storage rooms, and utility spaces. 8.0 Definitions County of Vermilion River 457 Land Use Bylaw 19-02 E "EASEMENT" means a right to use land, generally for access to other Property or as a right-of-way for a Public Utility. "EATING AND DRINKING ESTABLISHMENT" means a Development where food and/or beverages are prepared and offered for sale to the public, for consumption either on the Premises at an accessory, outdoor on-site seating area or off the Site. An Eating and Drinking Establishment does not include either a Drinking Establishment or an Entertainment Establishment unless otherwise provided for in an approved Development Permit. Eating and Drinking Establishment does not include either an Adult Entertainment Establishment or Adult Uses, nor does include Cannabis Lounge or Licensed Cannabis Retail Sales Establishment. "ENTERTAINMENT ESTABLISHMENT" means a Development where Persons are entertained by performance acts, such as music, theatre, or the like. An Entertainment Establishment includes theatre, dancing, or cabaret entertainment, whether recorded or live. An Eating and Drinking Establishment may contain within it an Entertainment Establishment, but only if specifically provided for in an approved Development Permit. Entertainment Establishment does not include either an Adult Entertainment Establishment or Adult Uses, nor does include Cannabis Lounge or Licensed Cannabis Retail Sales Establishment. "EQUIPMENT FABRICATION" means the assembly and required storage of industrial equipment, Trailers, and other similar equipment and may involve a sales component. "EQUIPMENT RENTAL ESTABLISHMENT" means a Development where tools, appliances, recreation craft, office machines, furniture, light Construction Equipment, or similar items are rented and serviced. Equipment Rental Establishments do not include Developments where motor Vehicles or industrial equipment is rented or serviced. "ESTABLISHED GRADE" means the average of the highest (A) and lowest (B) elevation of finished surface of the ground where it meets the main Exterior Walls of a Building or the average elevation of the finished grade of the ground immediately surrounding a structure, exclusive in both case of any artificial embankment or entrenchment (see Figure 18). "ENVIRONMENTALLY SIGNIFICANT AREA" means those areas: designated as Hazard Land. that perform a vital environmental, ecological, or hydrological function, such as aquifer recharge; that contain unique geological or physiographic features; that contain significant, rare or endangered plant or animal species; 8.0 Definitions County of Vermilion River 458 Land Use Bylaw 19-02 that are unique habitats with limited representation in the region or are a small remnant of once large habitats that have virtually disappeared; areas that contain an unusual diversity of plant and/or animal communities due to a variety of geomorphological features and microclimatic effects; areas that contain large and relatively undisturbed habitats and provide shelter habitat for species that are intolerant of human disturbance; areas that provide an important linking function and permit the movement of wildlife over considerable distances, including migration corridors and migratory stopover points; areas that are excellent representatives of one or more ecosystems or landscapes that characterize a natural region; areas with intrinsic appeal due to widespread community interest or the presence of highly valued features or species, such as game species or sport fish; and areas with lengthy histories of scientific research. Figure 18. Established Grade. "EXCAVATION" means any breaking of ground, except common Household gardening and ground care. 8.0 Definitions County of Vermilion River 459 Land Use Bylaw 19-02 "EXTENSIVE AGRICULTURE" means the Use of land or Buildings, including one Dwelling in connection with an Agricultural Operation (predominantly pasture/forage) but not including Intensive Agriculture, a Confined Feeding Operation, or similar activity, which requires either a registration or an approval under Part 2 of the Agricultural Operations Practices Act. Extensive Agriculture does not include Licensed Cannabis Production Facilities or Licensed Industrial Hemp Production Facilities. "EXTENSIVE RECREATION" means a Development where the prime reason for location is to take advantage of natural features including the availability of large areas of land to provide for non-facility oriented recreational activities. In the context of a large area of land, that is, anything over 32 ha (79.1 ac.), Extensive Recreation may include activities such as hunting, trail riding, snowmobiling, hiking, and other Similar Uses. In the context of a smaller area of land, that is anything under 32 ha (79.1 ha), Extensive Recreation may include the provision of opportunities for viewing nature, fishing, relaxation, and rest; and may or may not include a Site where only one (1) or two (2) Recreational Vehicles or Campsites, and/or one (1) Cottage, Single-Family Dwelling, or Manufactured Home may be located. "EXTERIOR WALL" means the outermost point of a Building projection, including, but not limited to, bay windows, oval windows, chimneys, and verandas, but not including Roof overhangs less than 0.6 m (2.0 ft.). F "FAMILY CARE FACILITY" means a facility that provides resident service in a Dwelling to six (6) or fewer individuals who are not related to the resident Household. These individuals are physically handicapped, aged, or disabled and in need of adult supervision for those reasons and are provided service and supervision in accordance with their individual needs. This category includes foster or boarding homes for children, but not Group Homes. "FARM BUILDING" means "any improvement other than a residence, to the extent it is used for Farming Operations", as defined in the Matters Relating to Assessment and Taxation Regulation. Farm Building refers to an accessory Building that: does not contain a residential Occupancy, is used in connection with an Agricultural Operation and situated on the same Lot or Parcel of Land in connection with such Agricultural Operations, 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 during the natural course of Farming Operations, and the Building is used for: housing Livestock, 8.0 Definitions County of Vermilion River 460 Land Use Bylaw 19-02 storing, sorting, grading, or bulk packaging primary agricultural products, or housing, storing, or maintaining machinery associated with the operation of the farm on which it is located. "FARMING" means the Use of land or Buildings for an Agricultural Operation but does not include Intensive Agriculture or Confined Feeding Operations. "FARMLAND" means "land used for Farming Operations as defined in the regulations", as defined in the Municipal Government Act and the Matters Relating to Assessment and Taxation Regulation, and is assessed based on its productivity level based on regulated rates developed by Alberta Municipal Affairs. "FARMING OPERATIONS" means "the raising, production and sale of agricultural products, as defined in the Municipal Government Act and the Matters Relating to Assessment and Taxation Regulation, and includes: Horticulture, aviculture, apiculture, and aquaculture, The production of horses, cattle, bison, sheep, swine, goats, fur bearing animals raised in captivity, domestic cervids within the meaning of the "Livestock Industry Diversification Act", and domestic camelids, and The planting, growing and sale of sod." "FARM RESIDENCE" refers to an individual, freestanding, unattached Single-Dwelling Unit with improvements accessory to the Dwelling Unit and situated on a subdivided Parcel of Land used in connection with Farming or Agricultural Operations. "FARMSTEAD, ABANDONED" means an unoccupied farmyard that contains two (2) or more of the following: an abandoned residence, developed potable water source, an established sewage collection system, an existing shelterbelt, or any other features that would indicate a previously developed Farmstead and situated on a subdivided Parcel of Land used in connection with Farming or Agricultural Operations. "FENCE" means a vertical physical barrier constructed to try to reduce sound or visual intrusion or to limit unauthorized access. "FLOOD PLAIN" means the area of land Adjacent to a water body or man-made body of water that has been or may be covered by the 1:100 year flood or highest and most frequent rain event series relevant to flooding of the land. "FLOODWAY, 1:100 YEAR" means the channel of a river or stream and the parts of the Flood Plain adjoining the channel that are reasonably required to efficiently carry and discharge the floodwater or flood flow of a river or stream. Although it can be referenced to as a 1:100-year flood, this does not mean that it will occur "FARMSTEAD" means a Development consisting of a Dwelling Unit together with i mprovements used i n connection with Farming or an Agricultural Operation. Amended by Bylaw 26-01 8.0 Definitions County of Vermilion River 461 Land Use Bylaw 19-02 once every hundred years. A 1:100-year flood has a one percent (1%) chance of being equaled or exceeded in any given year. "FLOOR AREA" means the total area of all floors of a Building above grade measured from within the final finish of Exterior Walls, but not including the Floor Area of Basements, attached Garages, Sheds, open porches, or breezeways. All Dwelling Units in an Apartment shall be included in the calculation of Floor Area. In the case of Attached, Semi-Detached, or Accessory Living Quarters, Floor Area shall be measured at the centerline for shared walls. "FRAGMENTED PARCEL" means a Parcel of Land or a portion of a Parcel of Land that is separated from the balance of a titled Parcel by a natural barrier such as a river or a coulee, or by a physical barrier such as a Highway, Road, or railroad, which impedes reasonable or normal access. "FUR FARM" means any land, Building, or Premises used for the keeping, breeding, or rearing of furbearing Livestock. G "GAME FENCE" means a Fence specifically designed to keep exotic Livestock such as bison, elk, deer, llama, emu, and similar animals within a confined space in an Agricultural Operation. "GARAGE" means a Building to be used solely for the storage of Vehicles such as a passenger car, a Truck with a gross Vehicle weight of two (2) tonnes or less, a Recreational Vehicle, a boat, or similar belongings. "GARBAGE" means discarded or rejected ashes, bottles, metal cans or tins, crockery, glass, grass cuttings and other garden Refuse, cloth, paper, food and food Waste, trees, branches, wrappings, sweepings and other items of Household Refuse, but does not include human or animal excrement, or industrial/commercial Waste or dead animals therefrom. "GENERAL RETAIL ESTABLISHMENT" means a Development where, among other goods, groceries, beverages, Household goods, furniture, appliances, home improvement supplies, hardware, printed matter, confectionary, tobacco, pharmaceutical, personal care items, automotive parts and accessories, electronic equipment, recordings, office equipment, stationary, second hand goods, and similar goods are bought, rented, and/or sold, except for any and all types of alcoholic beverages. Minor public services such as postal services and film processing depots may also be provided. "GEOTHERMAL ENERGY" means a renewable source of energy from a system (Geothermal Energy) that employs the use of a heat pump to warm or cool air by utilizing the constant temperatures of the earth. "GOVERNMENT SERVICES" means a Development where municipal, provincial, or federal Government Services are provided directly to the public. Government Services do not include Protective and Emergency Services, major and minor utility services, and public education facilities. Government Services may include 8.0 Definitions County of Vermilion River 462 Land Use Bylaw 19-02 government administration offices, courthouses, postal distribution offices, manpower, and employment offices and social services offices. "GRAIN ELEVATOR" means an agricultural facility designed to stockpile or store grain. Grain Elevator does not include a Grain Handling Facility. "GRAIN HANDLING FACILITY" means a facility for the cleaning, collection, grading, sorting, storage, and transshipment of grains or other food crop. Grain Handling Facility does not include the Manufacturing, processing, or wholesaling of Hemp, Cannabis, grains, or food crops. "GRAVEL PIT" means an open pit mine for the long-term mining extraction of gravel. "GREENHOUSE" means a commercial establishment, with or without a Building, where vegetables, flowers and other plants are grown for sale as plants, and which may include a market garden or plant nursery, and does not include a Licensed Cannabis Production Facility and/or Industrial Hemp Production Facility. "GROUND DISTURBANCE OPERATIONS" means any work, operation or activity that results in the penetration of the ground, whether using mechanical Excavation or hand tools, including driving posts or stakes, drilling, digging, trenching, blasting, grading, and similar activities. "GROUP CARE FACILITY" means a facility that provides resident services to seven (7) or more individuals of whom one or more may be related. These individuals are physically handicapped, aged, or disabled, and in need of adult supervision for those reasons and are provided service and supervision in accordance with their individual needs. This category includes foster or boarding homes for children, but not Group Homes. "GUEST HOUSE" means an accessory Building to a single-family Dwelling, which contains a Dwelling Unit or part of a Dwelling Unit, which is used solely by members of the family or by temporary guests of the family Occupying the Single-Family Dwelling. "GUEST RANCH" means a working ranch where tourists are accommodated on a temporary basis for the purpose of experiencing and participating in the daily operation of the ranch, and may include temporary sleeping accommodation for no more than forty-five (45) tourists, physical/health fitness rooms and a restaurant limited to the seating of no more than forty-five (45) guests. H "HARDSHIP" means an existing condition that makes it onerous to comply with the regulations of the Land Use Bylaw. This may be because of some unique aspect of the Property itself, be it shape or Development Constraints whether natural or man-made. A Hardship does not relate to the personal needs of the landowner and cannot be "self-created". "HAZARD LANDS" means lands that are unsafe for Development in their natural state such as floodplains and steep and unstable slopes; or that pose severe constraints on Development such as aeolian surficial deposits (a deposit that forms as a result of the accumulation of wind-driven products of the weathering of 8.0 Definitions County of Vermilion River 463 Land Use Bylaw 19-02 solid bedrock or unconsolidated alluvial, lacustrine, marine, or other deposits); and permanent wetlands, which may be prone to flooding, shoreline erosion, or slope instability hazards; or any hazard that may result in life loss or injury, Property damage, social, and economic disruption or environmental degradation such as Floodways and lands in proximity to water bodies; and water courses with slopes greater than 10%. "HEALTH SERVICES" means a Development where physical or mental Health Services are provided on an outpatient or on an in-patient basis. If the services are provided on an in-patient basis, the Use may also include accessory staff residences. Such services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counseling nature. Health Services include medical, chiropractic, and dental offices, health clinics and counseling services, hospitals, sanitariums, nursing homes, convalescent homes, isolation facilities, psychiatric hospitals, auxiliary hospitals, and detoxification centres. "HEAVY TRUCK AND EQUIPMENT STORAGE" means the on-Lot storage, inside a single accessory Building, of heavy Trucks and equipment Owned and operated by a resident or residents of the Single-Family Dwelling or Manufactured Home situated on the same Lot. "HEAVY VEHICLE" means a Commercial Vehicle as defined in the Traffic Safety Bylaw (Bylaw 14-04, as amended), but excludes farm equipment designed and intended for use in Farming Operations, other than a Truck, Trailer or semi-Trailer, with or without a load, being or exceeding anyone of the following: 8 meters (26 ft.) in length, or a registered gross Vehicle weight of 22,500 kg or more; or tractor Units, which form by attaching as a power Unit to semi-Trailer(s); except a Truck, tractor Unit, Trailer, motor bus, or semi -Trailer that is a public service Vehicle; or Recreational Vehicles. "HIGHWAY" means a Highway as defined in the Public Highways Development Act, R.S.A. 2000. "HIGHWAY COMMERCIAL USE" means a Commercial Use intended to serve the motoring public and includes, but is not limited to, service or gas stations, Drive-In Restaurants, and Motels. "HIGHWAY SERVICES" means those facilities and services located on lands along a Highway or Road or at an access point or Road, which cater to traveling traffic and the local infrastructure. Highway Services may include rest areas, Maintenance Yards, emergency services, Signs, weigh scales, travel accommodations or Campsites. "HOME, GROUP" means a Building or portion of a Building used for the care or rehabilitation or adults or children which is not predominantly related to age or a physical disability or the care or rehabilitation of the aged or the physically disabled. Group Homes include halfway houses, addiction rehabilitation centres, care which is an alternative to legal incarceration, or treatment for mental illness or mental instability. "HOME, MANUFACTURED" means a detached, factory-built, Single-Family Dwelling placed on a permanent foundation and manufactured in full compliance with both the Canadian Standards Association (CSA) Z-240 8.0 Definitions County of Vermilion River 464 Land Use Bylaw 19-02 MH National Mobile Home Standard and the Alberta Building Code (ABC), bearing a prominently displayed CSA Z240MH Mobile Home label AND an Alberta Municipal Affairs label that certifies compliance to the ABC. Notwithstanding the requirement regarding labels, should a Building not have a label, it can still be considered a Manufactured Home for the purposes of this Bylaw should the inspection and upgrading procedures outlined in Section 4.20(9) of this Bylaw be followed. "HOME, MOBILE" means a Manufactured Home that is designed for transportation after fabrication on streets and Highways on its Own wheels to the Site where it is to be occupied as a Dwelling Unit for one (1) Household, ready for Occupancy except for minor and incidental unpacking and assembling operations, location on permanent or semi-permanent foundations, connection to utilities and the like. "HOME, MODULAR" or "READY-TO-MOVE" means a Single-Detached Dwelling constructed off-Site, and under controlled conditions in large sections, but such sections or Units have neither chassis, running gear, nor its Own wheels, and the sections may be stacked side-by-side or vertically. It does not refer to a type of Dwelling, but rather to a method of Construction, and extends to Manufactured Homes, Mobile Homes, and Single-Detached Dwellings. "HOME, MOTOR" means a motor Vehicle equipped with Living Quarters behind the driver's compartment, with kitchen facilities, beds, etc. for Recreational Use. "HOME OCCUPATION, MAJOR" means Development consisting of the Use of an approved Dwelling and/or accessory Building, by an Occupant of that Dwelling, for one or more activities in connection with any occupation, trade profession, or craft carried on by an Occupant of a Dwelling as a Use secondary to the Residential Use of the Building, and which does not change the character of or have any exterior evidence of such secondary Use other than a Sign as allowed in this Bylaw, and would normally attract more than five (5) clients per week, but does not include the on-site employment at the Dwelling or accessory Buildings of more than two (2) paid assistants other than the Occupant and the Occupant's family. Major Home Occupation does not include Licensed Cannabis Production Facility or Licensed Cannabis Retail Sales Establishment. "HOME OCCUPATION, MINOR" means Development consisting of the Use of an approved Dwelling and/or accessory Building, by an Occupant of that Dwelling, for one or more activities in connection with any occupation, trade profession, or craft carried on by an Occupant of a Dwelling as a Use secondary to the Residential Use of the Building, and which does not change the character of or have any exterior evidence of such secondary Use other than a Sign as allowed in this Bylaw, and would not normally attract more than five (5) clients per week, nor include the employment at the Dwelling or accessory Buildings of any paid assistant, other than the Occupants of the Dwelling. Minor Home Occupation does not include Licensed Cannabis Production Facility or Licensed Cannabis Retail Sales Establishment. "HOME, PANELIZED" means homes built with pre-fabricated wall, floor and/or Roof assemblies. Panels may be partially or fully completed in the factory, with windows, doors and siding often installed already. They are shipped flat to the Site where they are assembled, and the home is finished inside and out. The use of panels reduces on-site Construction time significantly. Panelized Home shall comply with the same standards as a Manufactured Home. 8.0 Definitions County of Vermilion River 465 Land Use Bylaw 19-02 "HOME, PRE-ENGINEERED" means essentially "pre-packaged" homes. All major Building components are prepared in the factory and shipped to the Building Site ready for assembly, including framing materials, doors, windows, Roofing, siding, interior wall partitions and sub-flooring. The pre-engineered Building system emphasizes precision design and pre-cutting and can be used for virtually any home design. Pre- Engineered Home shall comply with the same standards as a Manufactured Home. "HOME PARK, MANUFACTURED" means a Parcel of Land under single Ownership, which has been planned and divided into rentable spaces or Lots for the long-term accommodation of Manufactured Homes. "HOME, SITE-BUILT" means a Dwelling that is constructed primarily on the Site on which it is to be located. Although some components may be prefabricated off-Site, the Dwelling is erected, framed, and finished by workers on location using stock materials. "HOME, TINY" means a Development intended for separate, independent Living Quarters for one (1) Household that is a detached, self-contained Dwelling Unit the design and the structure of which, at the discretion of the Development Authority, is compatible with the Main Building and the neighbourhood. Tiny Home shall comply with the same standards as a Manufactured Home and shall be placed on a permanent foundation. A Tiny Home, which is used as a Secondary Dwelling Unit in a hamlet or residential multi-lot subdivision, shall be located behind the Main Building. "HORTICULTURAL DEVELOPMENT" means the intensive growing of specialized crops, either enclosed or not, and without restricting the generality of the above, may include: Greenhouses; Nurseries; Tree farms; Market gardens; and Other Similar Uses. Horticultural Development does not include a Licensed Cannabis Production Facility. "HOTEL" means a Building containing Rentable Units, occupied or equipped to be occupied as a temporary abode for tourists or transients, which also may contain a General Retail Establishment, a Drinking Establishment, or an Eating and Drinking Establishment; however, a Hotel shall not include an Entertainment Establishment unless specifically provided for in an approved Development Permit. A Hotel shall not include a Work Camp. "HOUSEHOLD" means: a Person, or two (2) or more Persons related by blood, marriage, a common law relationship, or adoption, or 8.0 Definitions County of Vermilion River 466 Land Use Bylaw 19-02 a group of not more than five (5) Persons who are not related by blood, marriage, or adoption, all living together as a single housekeeping group and using cooking facilities shared in common. A Household may also include bona fide servants, up to two (2) boarders or lodgers, or up to four (4) foster children. "HOUSEHOLD REPAIR SERVICE" means a Development where goods, equipment and appliances normally found within a Dwelling Unit may be repaired. Household Repair Services include radio, television, appliance and electronics repair Shops, and furniture refinishing and upholstery Shops, but not Personal Service Shops. Household Repair Services do not have any Outdoor Storage. I "IDLE" or "IDLING" means the operation of the engine of a motor Vehicle while the motor Vehicle is not in motion. "IMPACT, SIGNIFICANT" means the presence or reasonable likelihood of Adverse Effects to occur upon a Land Use as a result of an adjacent or nearby Development within the same or another Land Use. In determining whether a Significant Impact will occur, the timing and magnitude of effects should be related to the Land Uses normal use period(s). "INCLUSIONARY HOUSING" means "Inclusionary Housing" as defined in the Municipal Government Act and Regulation, as amended or repealed and replaced from time to time. "INDUSTRIAL HEMP" means an "approved cultivar" as defined in Industrial Hemp Regulations, as amended. "INDUSTRIAL HEMP, DERIVATIVES" means a "derivative" as defined in Industrial Hemp Regulations, as amended. "INDUSTRIAL PARK" means an area designed and districted for the purposes of accommodating industrial Cluster Development. "INDUSTRIAL USE, HEAVY" means a Development which would be considered to be a Medium Industrial Use except that, in the opinion of the Development Authority, the Development may not be able to co-exist compatibly in proximity to other Uses or population concentrations due to: the potential for an adverse environmental impact beyond the immediate Site of the Industrial Use; the potential for significant toxic or noxious by-products such as air or water-born emissions; or the potential to emit significant noise, smoke, dust, odour, vibration, etc., which may be Offensive or hazardous to human health, safety or well-being. Heavy Industrial Uses also include the storage of toxic, flammable, or explosive products in significant quantities; rendering plants, petro-chemical industrial establishments, and alfalfa processing plants or large- scale Outdoor Storage that is unsightly or visually Offensive. "INDUSTRIAL USE, LIGHT" means a Development that, in the opinion of the Development Authority, may be able to co-exist compatibly in proximity to other Uses or population concentrations. Light industry is usually less capital intensive than Heavy Industrial or Medium Industrial Uses and is more consumer-oriented than 8.0 Definitions County of Vermilion River 467 Land Use Bylaw 19-02 business-oriented. Light industries require only a small amount of raw materials, area, and power. Light Industrial Use is where any of the following: Processing of raw materials, and/or Manufacture and/or assembly of semi-finished or finished goods, products, or equipment, and/or Cleaning, servicing, repairing, salvaging, and/or testing of materials, goods, and equipment normally associated with industrial or commercial business, and/or Cleaning, servicing, and/or repairing of goods and equipment associated with personal or Household use, and/or Storing and/or transhipping of materials, goods, and equipment, and/or Distribution and/or sale of materials, goods, and equipment to institutions and/or industrial and commercial businesses for their direct Use and/or to General Retail Establishments and/or other retail establishments for resale to individual customers, and/or Training of personnel in general industrial operations, takes place in such a manner that, in the opinion of the Development Authority, an adverse environmental impact is not created beyond the Building or structure in which the light industry is located. Light Industrial Uses do not produce significant toxic or noxious by-products as a result of the activity generated by the Use or Uses of the Lot, and said Use is compatible with other industrial and Commercial Uses in a concentrated setting. Light Industrial Uses include motor Vehicle body and paint Shops, but do not include the preparation of food and/or beverages for direct sale to the public. Any indoor display, office, technical or administrative support areas or any retail sale operations shall be accessory and subordinate to the Light Industrial Use activities identified above. The total Floor Area of such accessory activities shall not exceed thirty-three percent (33%) of the total Floor Area of the Building or Buildings devoted to the Light Industrial Use, except that this restriction shall not apply where, in the opinion of the Development Authority, a significant portion of the industrial activity naturally and normally takes place outdoors. "INDUSTRIAL USE, MEDIUM" means Development that may involve the Manufacturing, processing, fabrication, storage, transportation, distribution, or wholesaling of goods and services, and which does not emit noise, smoke, odour, dust, or vibration beyond the boundaries of the Lot on which the Medium Industrial Use is located. For the purpose of this Bylaw, dust refers to matter in fine, powdery, dry particles produced as a direct result of the activity generated by the Medium Industrial Use on the Lot rather than that produced because of travel that takes place to and from the Lot. A Medium Industrial Use may also include the retail of goods and/or services to the public, so long as any such retail component is accessory to the Main Medium Industrial Use. The total Floor Area of such accessory activities shall not exceed thirty- three percent (33%) of the total Floor Area of the Building or Buildings devoted to the Medium Industrial Use. 8.0 Definitions County of Vermilion River 468 Land Use Bylaw 19-02 "INDUSTRIAL VEHICLE AND EQUIPMENT SALES/RENTALS ESTABLISHMENT" means a Development where new or used Heavy Vehicles, machinery, or mechanical equipment typically used in Building, Road, pipeline, oilfield, and mining Construction, Manufacturing, assembling, and processing operations and/or Agricultural Operations are sold or rented, together with incidental Maintenance services and sale of parts. Industrial Vehicle and Equipment Sales/Rental Establishments do not include Truck and Recreational Vehicle sales/rental establishments or automotive sales/rental establishments. "INSTITUTIONAL USE" means Development which is used for a public or non-profit purpose and, without limiting the generality of the foregoing, may include such Uses as schools, places of Religious Assembly, indoor recreation facilities, libraries, community centres, hospitals, public offices and senior citizen housing. "INTENSIVE AGRICULTURE" means an Agricultural Operation that operates on an intensive basis, and due to the nature of the operation, can use smaller tracts of land. Without restricting the generality of the foregoing, this shall include nurseries, Greenhouses, and Kennels, but does not include Confined Feeding Operations, and does not include a Licensed Cannabis Production Facility and/or Industrial Hemp Production Facility. "INTENSIVE RECREATION" means high-Density recreational activities such as fishing lodges, beach areas, marinas, riding stables, racetracks, sports fields, golf courses, arenas, swimming pools, tennis courts, and other similar activities. K "KENNEL" means the grooming, boarding, or selling or any combination thereof, of Household pets. For additional provisions applicable to Kennels, see "ANIMAL BREEDING AND/OR BOARDING FACILITY". L "LANDFILL" means a 'Class I Landfill' as defined in the Waste Control Regulation. Landfill does not include a land treatment facility, a surface impoundment, a salt cavern, or a disposal well. "LANDFILL, CLASS II" means a 'Class II Landfill' as defined in the Waste Control Regulation. "LANDFILL, CLASS III" means a 'Class I Landfill' as defined in the Waste Control Regulation. "LANDSCAPING" means the modification and enhancement of a Site through the Use of any or all of the following elements: vegetation such as lawns, trees, shrubs, hedges, ground cover, ornamental plantings, or similar. architectural such as Fences, Screening, walks, or other structures and materials used in landscape architecture. 8.0 Definitions County of Vermilion River 469 Land Use Bylaw 19-02 "LAND SUITABILITY ANALYSIS" is a GIS-based process applied to determine the suitability of a specific Site for considered Use, in other words it reveals the suitability of an area regarding its intrinsic characteristics (suitable or unsuitable) for a specific Use (residential, non-residential). A Land Suitability Analysis (LSA) may also consider other criteria, including environmental, social and economic factors. "LAND USE" means the various ways in which human beings make use of and manage the land and its resources for different types of activities, such as economic, residential, recreational, conservational, and governmental purposes. "LAND USE BYLAW" means a County Bylaw that divides the County into Land Use Districts and establishes procedures for processing and deciding upon Development applications. It regulates the Use and Development of both land and Buildings within the Municipality, in order to ensure orderly, efficient Development. A Land Use Bylaw is required for every Municipality in Alberta as per the requirements in the Municipal Government Act, as amended. "LAND USE DISTRICT" means a classification that determines what type of activities are allowed to occur on the land and properties located within an area of the County with the Use of land or Property within each Land Use District being reasonably uniform. "LAND USE, SENSITIVE" means land or Buildings where routine or normal activities occurring at reasonably expected times would experience one or more Adverse Effects generated by a nearby Development. Sensitive Land Uses may be a part of the natural or built environment. Sensitive Land Uses and associated activities may include one or a combination of the following: residences or facilities where people sleep (e.g., single and multi-Unit Dwellings, nursing homes, hospitals, Trailer parks, camping grounds, etc.). These Uses are considered to be sensitive 24 hours/day. a permanent structure for non-facility related Use, particularly of an institutional nature (e.g., schools, churches, community centres, day care centres). certain outdoor recreational Uses deemed by Municipality or other level of government to be sensitive (e.g., Trailer park, picnic area, etc.). certain Agricultural Operations (e.g. cattle raising, mink Farming, cash crops, and orchards). vegetation/wildlife habitats or corridors. "LANE" means a right-of-way on which motorized Vehicles are normally allowed to operate which is 10 m (32.8 ft.) or less in width. "LATTICE TOWER" means a non-solid structure made up of vertical, horizontal and diagonal members assembled in triangular or square faced sections that can be stacked to obtain height. The structure can stand by itself (self-supporting), on a foundation, or it may be of the type requiring supporting assistance of cables (guyed tower). 8.0 Definitions County of Vermilion River 470 Land Use Bylaw 19-02 "LIBRARY AND CULTURAL EXHIBIT" means a Development where literary, artistic, municipal, and/or similar reference materials in the form of books, manuscripts, recordings, and films are stored, collected, available, and distributed for Public Use, viewing, or enjoyment; or a Development where works or objects of historical, scientific, or artistic value are collected, preserved and exhibited to the public. Libraries and cultural exhibits include libraries, museums, and art galleries. "LICENSED CANNABIS PERSONAL AND DESIGNATED PRODUCTION" means production of a limited amount of Cannabis for an individual's own medical purposes. Licensed Cannabis Personal and Designated Production requires the individual to register with Health Canada. An individual can also choose to designate another person to produce a limited amount of cannabis for them. A single individual can produce a limited number of marijuana plants under a maximum of two registrations (for one other person and themselves, or two other people). Cannabis plants may be cultivated under a maximum of four registrations at one address. The number of plants a person can grow is determined by the daily amount recommended by their health care practitioner and a set of formulas in the regulations A registered or designated person is permitted to cultivate Cannabis plants indoors and/or outdoors, but not both at the same time. If a person wishes to cultivate Cannabis plants outdoors, the boundary of the land on which the cultivation site is located cannot have any points in common with the boundary of the land on which a school, public playground, day care facility or other public place frequented mainly by persons under 18 years of age. A registered or designated person is responsible for taking all necessary measures to ensure the security of the Cannabis in their possession, in storage, and in the cultivation and production areas. "LICENSED CANNABIS PRODUCTION FACILITY" means the Use of land, Buildings, or structures licensed pursuant to the Cannabis Act, where Cannabis is grown for distribution (for medicinal, commercial, or retail purposes), and typically includes cultivating, propagating and/or harvesting, destruction, sale, export, import delivery, or transport of the Cannabis plant and Cannabis Products; including related testing and research activities. "LICENSED CANNABIS PRODUCTION FACILITY PREMISES" means a location registered under the Gaming, Liquor, and Cannabis Act and the Cannabis Act, or as amended, as a Licensed Cannabis Production Facility; and includes all areas of the Site that are used in the business operated at the Site, including offices, kitchens, washrooms, storerooms, and including all public and private areas where individuals are permitted to be present. Premises also shall include the Parking Areas and the landscaped areas located outside of the Building or Buildings, which accommodate the primary activities of the Licensed Cannabis Production Facility. "LICENSED CANNABIS RETAIL SALES ESTABLISHMENT" means a retail establishment licensed by the Province of Alberta where Non-Medicinal Cannabis, Cannabis Products, and Cannabis accessories are sold to individuals who attend at the Premises. "LICENSED CANNABIS RETAIL SALES ESTABLISHMENT PREMISES" means a location registered and licensed under the Gaming, Liquor, and Cannabis Act and the Cannabis Act, or as amended, as a Licensed Cannabis Retail Sales Establishment; and includes all areas of the Site that are used in the business operated at the Site, including offices, kitchens, washrooms, storerooms, and including all public and private areas where individuals are permitted to be present. Premises also shall include the Parking Areas and the landscaped 8.0 Definitions County of Vermilion River 471 Land Use Bylaw 19-02 areas located outside of the Building or Buildings, which accommodate the primary activities of the Licensed Cannabis Retail Sales Establishment. "LICENSED CANNABIS OR INDUSTRIAL HEMP PROCESSING, STORAGE, AND DISTRIBUTION FACILITY" means the use of land, Building, or structures under a valid license issued pursuant to the Cannabis Act and/or Industrial Hemp Regulations where Cannabis or Industrial Hemp is stored but not grown (be it either for medicinal, commercial, or retail purposes), and may include processes such as the manufacturing, bulk & retail packaging, sale, import, export, delivery, transportation, destruction, shipping, and distribution of Industrial Hemp or Cannabis and Industrial Hemp or Cannabis Products or Derivatives. "LICENSED INDUSTRIAL HEMP PRODUCTION FACILITY" means the Use of land, Buildings, or structures licensed pursuant to the Cannabis Act and the Industrial Hemp Regulations, as amended, or any subsequent legislation that may be enacted in substitution, and typically includes the cultivating, propagating and/or harvesting, destruction, sale, export, import delivery, or transport of Industrial Hemp, including related research activities. "LICENSED INDUSTRIAL HEMP PRODUCTION FACILITY PREMISES" means a location registered under the Industrial Hemp Regulations, or as amended, as an Licensed Industrial Hemp Production Facility and includes all areas of the Site that are used in the business operated at the Site, including offices, kitchens, washrooms, storerooms, and including all public and private areas where individuals are permitted to be present. Premises also shall include the Parking Areas and the landscaped areas located outside of the Building or Buildings accessory to the Licensed Industrial Hemp Production Facility. "LICENSED MEDICAL CANNABIS CLINIC" means any business or enterprise whether or not operated for profit intended to serve as a means of distributing or providing Cannabis for medical purposes as defined by provincial or federal legislation. "LIQUOR OR GAMBLING ESTABLISHMENT" means a facility licensed under the Gaming and Liquor Act, RSA 2000, and Regulation, as amended and repealed or replaced from time to time. "LIQUOR SALES AND STORAGE ESTABLISHMENT" means a Development or a part of a Development used for the retail sale of any and all types of alcoholic beverages to the public for consumption off Premises. This Use may include the retail sales of related products such as soft drinks and snack foods. "LIVESTOCK" means Livestock as defined in the Agricultural Operation Practices Act. "LIVESTOCK SALES YARD" means any enclosed area of land, with or without Accessory Buildings or structures, upon which Livestock is collected for sale or for market distribution. "LIVING QUARTERS" means a self-contained Habitable Dwelling Unit, but does not include Basement, Garage or Carport, Patio, or atrium. "LOT" means a recognized Subdivision of Property with a written legal description that addresses permissions or constraints upon its Development. It is common for a Lot and a Parcel of Land to share the same space and have common boundaries, but this is not always the case. For instance, it is possible for a Parcel of Land to contain more than one Lot, or portions of Lots. A Lot may be: 8.0 Definitions County of Vermilion River 472 Land Use Bylaw 19-02 a quarter section, a river Lot, lake Lot, or settlement Lot shown on an official plan referred to in the Surveys Act that is filed or lodged in a Land Titles Office; a separate Ownership of a space or Unit within a Building or on bare land described in a Certificate of Title, if the boundaries of the portion are described in the Certificate of Title by reference to a plan of Subdivision; settlement Lot shown on an official plan, as defined in the Surveys Act, that is filed or lodged in a Land Titles Office; or a portion of a Parcel of Land described in a Certificate of Title, if the boundaries of the portion are described in the certificate of title by reference to a plan of Subdivision. "LOT, AGRICULTURAL" means an unsubdivided Lot approved by the Alberta Farm Fuel Benefit Program (AFFB), as provided for in the Fuel Tax Act, evidenced by a valid AFFB Program registration number. "LOT, CORNER" means a Lot having frontage on two or more rights-of-way, other than lands, or in the case of a Bare Land Condominium Development, a Unit as described in the Condominium Property Act having two contiguous Property Lines Abutting Common Property used as Road access. For the purposes of this definition, a Road shall not include a Lane (see Figure 20). Figure 19. Illustration of Lot Definitions: Corner Lot, Double Fronting Lot, and Interior Lot. 8.0 Definitions County of Vermilion River 473 Land Use Bylaw 19-02 "LOT COVERAGE" means the percentage of a Lot covered by all Buildings on the Lot. "LOT, DOUBLE FRONTING" means a Lot that Abuts two Roads, which has frontage on each Road; except alleys as defined in the Traffic Safety Act, R.S.A. 2000, as amended, which are parallel or nearly parallel where Abutting the Lot, but does not include a Corner Lot (see Figure 7). "LOT, INTERIOR" means a Lot, which Abuts a Road only on the Front Line (see Figure 7). "LOT, LAKE FRONT" means a developable Lot or Parcel that is adjacent to a river or water body or, whether or not separated by a conservation or environmental reserve Easement. "LOT LINE" means the boundary (Property) line of a Lot or Parcel of Land, including the Front Line, Rear Line, and Side Line of the Lot. "LOT LINE, FRONT" means the boundary line of a Lot lying adjacent to a Highway or Road. In the case of a Corner Lot, the shorter of the two boundary lines adjacent to the Highway or Road shall be considered the Front Line or as required by the Development Authority. "LOT LINE, REAR" means the boundary line of a Lot lying opposite to the Front Line of the Lot and/or farthest from a Highway or Road. "LOT LINE, SIDE" means the boundary line of a Lot lying between a Front Line and a Rear Line on a Lot or Parcel. In the case of a Corner Lot, the longer of the two boundary lines adjacent to the Highway or Road shall be considered a Side Line or as required by the Development Authority. "LOT, MINIMUM AREA" means the minimum area required to ensure there is adequate space to accommodate the Building area, water, drainage or sewage disposal, and any required systems to provide servicing after accounting for the Setback requirements from the County, relevant agencies, Provincial policies, and any other applicable Setbacks or required Easements. "LOT, RESERVE" means a dedication of land as outlined in the Municipal Government Act. "LOT, SUBSTANDARD" means any Lot, which is smaller in area or in any dimension than the minimum area or dimension stipulated in the regulations of the District in which the Lot is located. "LOT, VACANT" means an unoccupied Parcel of Land, developed or undeveloped, at time of Subdivision. "LOT WIDTH" means the distance between the Side Lines of a Lot measured at a distance from the Front Line equal to the minimum required Front Yard for the applicable Land Use District where the Lot or Parcel of Land is located. In a Lot with a curved Front Line, the Lot Width shall be measured from the mid-point of the Front Line and the mid-point of the Rear Line, at a distance from the Front Line equal to the minimum required Front Yard for the applicable Land Use District where the Lot or Parcel of Land is located. 8.0 Definitions County of Vermilion River 474 Land Use Bylaw 19-02 "LOW-IMPACT DEVELOPMENT (LID)" means a land-planning and engineering design approach to managing storm water runoff, which emphasizes Use of on-site natural features to protect water quality. Low Impact Developments are designed to reflect natural hydrology, minimize impervious surfaces, treat storm water in small-decentralized structures, preserve portions of the Site in natural conditions, and use natural topography for drainage ways and storage. M "MAIN BUILDING" means a Building in which, in the opinion of the Development Authority, within the Designated District is conducted the Main Use or Uses of the Site on which it is erected. "MAIN USE" means a Use that, in the opinion of the Development Authority, within the Designated District is the main purpose for which the Site is ordinarily used. "MAINTENANCE" means the upkeep of the physical form of any Building that does not require a permit pursuant to the Safety Codes Act. Maintenance may include painting, replacing flooring, replacing Roofing materials, but will not include any activity that will increase the current habitable Floor Area. "MANUFACTURING" means establishments engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products. "MANURE STORAGE FACILITY" means a Manure Storage Facility as defined in the Agricultural Operation Practices Act. "MIXED-USE DEVELOPMENT" means a Development designed to accommodate more than one type of Use on the same Site or Building with no more than 60% of the gross Floor Area (GFA) devoted to any single Land Use category (e.g., residential, commercial, industrial). The composition of Uses typically may be retail or office on the main floor, with Residential Uses above. In these Developments, Residential Uses are not generally considered appropriate to be on the same floor as Commercial Uses; however, Residential Uses may be allowed on the main floor at the discretion of the Development Authority, and provided that the Commercial Use is located at the street front and the Uses have separate entrances. "MOTEL" means a Development where members of the travelling public are lodged for brief amounts of time, normally not exceeding seven (7) days, in Rentable Units, and where access to each of the Rentable Units is individually available from the outside, either at grade or via stairways. A Motel may include minor Eating and Drinking Establishments and convenience retail stores, but shall not include a liquor store, an Entertainment Establishment, or an establishment where there is a dance floor. A Motel shall not include a Work Camp. "MUNICIPAL GOVERNMENT BOARD" means the Municipal Government Board established under Part 12 of the Municipal Government Act and includes any panel of the Board. "MUNICIPALITY" means the County of Vermilion River. 8.0 Definitions County of Vermilion River 475 Land Use Bylaw 19-02 N "NATURAL AREA" means an area of land and/or water especially dedicated to the protection and Maintenance of biological diversity, and of natural and associated cultural resources, and managed through legal or other effective means. Areas such as groomed parks, recreational areas for sports, and schoolyards are not included in this definition. "NATURAL RECREATION USE" means a Natural Area for recreational Development conducted on a single Site where the prime reason for location is to take advantage of natural physical features, including the availability of large areas of land, to provide an area for Passive Recreation and a wilderness retreat with the exclusion of Off-Highway Vehicles. "NATURAL RESOURCE EXTRACTION INDUSTRY" means Development for the on-site removal, extraction, and primary processing of raw materials found on or under the Site. Typical Uses include gravel or Sand Pits, clay pits, oil and gas wells, and stripping of topsoil. This Use does not include the processing of raw materials transported to the Site and, does not include a Licensed Cannabis Production Facility and/or Industrial Hemp Production Facility. "NIGHT-TIME" means the period beginning at 11:00 p.m. and ending the following day at 7:00 a.m. Sunday through Friday. "NON-CONFORMING BUILDING" means a Building: that is lawfully constructed or is lawfully under Construction at the date a Land Use Bylaw, or any amendment thereof, affecting the Building or the land on which the Building is situated becomes effective, and that on the date this Land Use Bylaw becomes effective does not, or when constructed will not, comply with this Land Use Bylaw. "NON-CONFORMING USE" means a lawful specific Use: being made of land or a Building, or intended to be made of a Building lawfully under Construction, at the date a Land Use Bylaw, or any amendment thereof, affecting the land or Building becomes effective, and which on the date that this Land Use Bylaw becomes effective does not; or in the case of a Building under Construction, will not; comply with this Land Use Bylaw. "NUISANCE" means any act, deed, omission, or thing, which is, or could reasonably be expected to be, annoying, troublesome, destructive, harmful, inconvenient, or injurious to another Person and/or their Property; or anything troublesome or bothersome to other people for which complaints are received either by the Municipality's office or the Royal Canadian Mounted Police, whether or not such act or deed or omission or thing constitutes Nuisance at common law. 8.0 Definitions County of Vermilion River 476 Land Use Bylaw 19-02 O "OBNOXIOUS" means, when used in reference to a Development , a Use that by its nature, from the manner of carrying on the same, may, in the opinion of the Development Authority, create noise, vibration, smoke, dust or other particulate matter, odour, toxic or non-toxic matter, radiation, fire, or explosive hazard, heat, humidity, glare, or unsightly storage of goods, materials, salvage, junk, Waste or other materials, or creates a condition which, in the opinion of the Development Authority, may be or may become a Nuisance, or which adversely affects the amenities of the neighbourhood, or which may interfere with the order and enjoyment of any community, land, or Building. "OCCUPANCY" means the utilization of a Building, land, or Property or part thereof for the Use or Uses for which it has been approved under an Occupancy Permit and the conditions contained therein, including, but not limited to, the shelter or support of Persons or Property. "OCCUPANCY, PERMIT" means the final permit required from the County before any Development may be utilized; as a means of assuring that all work has been completed in accordance with the approved plans, and all permit conditions have been fulfilled and that all work has been inspected and conforms to the requirements of all applicable regulations, and indicating it to be in a condition suitable for Occupancy. "OCCUPANT", "OCCUPY", or "OCCUPIES" means any Person other than the registered Owner who is in possession or having control over the condition of any Property and the activities conducted on any Property, including but not restricted to, such Person being a tenant, or agent of the Owner; whether such Person resides thereon or conducts a business thereon. "OFF-HIGHWAY VEHICLES" means any motorized mode of transportation built for cross-country travel on land, water, snow, ice, marsh or swamp land or other natural terrain and, when designed for such travel and without limiting the generality of the foregoing includes: 4-wheel Vehicles; Low pressure tire Vehicles; Motorcycles and related 2-wheel Vehicles; Amphibious machines; All-terrain Vehicles; Miniature motor Vehicles; Snow Vehicles; Mini-bikes; and 8.0 Definitions County of Vermilion River 477 Land Use Bylaw 19-02 Any other means of transportation that is propelled by any power other than muscular power or wind; but does not include motorboats or any other Vehicle exempt from being an off-Highway Vehicle by regulation. "OFF-STREET" means, when used as an adjective, that the defined thing is not located on a Road or Highway, but rather a Lot and, further, that it is not directly accessory to a particular Use or Development on a Lot. "OFFENSIVE" means, when used with reference to a Development , a Use which by its nature, or from the manner of carrying on the same, creates or is liable to create by reason of noise, vibration, smoke, dust or other particulate matter, odour, toxic or non-toxic matter, radiation, fire, or explosive hazard, heat, humidity, glare; or unsightly storage of goods, materials, salvage, junk, Waste or other materials, a condition which, in the opinion of the Development Authority, may be or may become hazardous or injurious to health or safety, or which adversely affects the amenities of the neighbourhood, or interferes with or may interfere with the order and enjoyment of any community, land, or Building. "OFFICE USE" means a Development where government, professional, management, administrative, consulting, and financial services may be provided. Office Uses include the offices of lawyers, accountants, engineers, architects, and realtors. Office Uses also include insurance firms; clerical, secretarial, employment, telephone answering, and similar office support services; banks, credit unions, loan offices, and similar financial institutions as well as the offices of governmental and public agencies. "OPEN SPACE" means land and water areas that are retained in an essentially undeveloped state and often serve one or more of the following Uses: conservation of resources, ecological protection, recreation purposes, historic or scenic purposes, enhancement of community values and safety, or Maintenance of future Land Use options. "OWN", "OWNS", or "OWNER" means: In the case of land, any Person registered as the Owner of Property under the Land Titles Act, RSA. 2000, as amended or repealed and replaced from time to time; or a Person who is recorded as the Owner of Property on the Assessment Roll of the County. In the case of personal Property, to be in lawful possession or have the right to exercise control over it or to be the registered Owner of it; a Person who has become the beneficial Owner of the Property, including by entering into a Purchase and Sale Agreement, whether they have purchased or otherwise acquired the Property directly from the Owner or from another Purchaser, and who has not yet become the registered Owner thereof; a Person in control of Property under Construction; or A Person who is the Occupant of the Property under a lease, license, or permit. 8.0 Definitions County of Vermilion River 478 Land Use Bylaw 19-02 P "PARCEL" or "PARCEL OF LAND" means the aggregate of one or more areas of land, identified for taxation purposes, as described in certificate of title or described in a certificate of title by reference to a plan filed or registered in a Land Titles office. "PARCEL, RESIDENTIAL" means a Parcel of Land, which has been created for, or is being principally utilized for, Residential Use, as defined in this Land Use Bylaw and the County of Vermilion River Municipal Development Plan, as amended or repealed and replaced from time to time. "PARK MODEL" means a type of Recreational Vehicle allowed only in Districts where it is provided for either as a Permitted or a Discretionary Use. However, Park Models may be used as Temporary Dwelling Units within the Municipality subject to a Development Permit being issued that specifically identifies the period allowed for the Temporary Dwelling Unit Use and approves the Park Model from the two types described below, as recognized by the Recreational Vehicle industry: Park Model Trailer 102 is a Unit designed to be towed by a heavy-duty tow Vehicle (auto, van, pick-up Truck, etc.) but is of 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 (8.5 ft.). These Units are designed for infrequent towing and are not normally fitted with a 12-volt system for fixtures and appliances. Once on Site in the set-up mode it normally must be connected to the local utilities. This style is normally built on a single chassis mounted on wheels. It usually has one or more slide-outs, but when in set-up mode the gross Trailer area normally does not exceed 37.2 m2 (400 sq. ft.). It conforms to the CSA Z-240 Standard for Recreational Vehicles. Park Model Recreational Unit is a Unit built on a single chassis mounted on wheels, which may be removed and returned to the factory. The Unit is designed to facilitate occasional relocation, with Living Quarters for a temporary residence or seasonal Use, and normally must be connected to those utilities necessary for the operation of installed fixtures and appliances. It normally has a Floor Area, including lofts, not exceeding 50 m2 (540 sq. ft.) in the set-up mode and has a width greater than 2.6 m (8.5 ft.) in the transit mode. Park Model recreational Units usually require a special tow Vehicle and a special permit to move on the Road as the width of the Unit is greater than 2.6 m (8.5 ft.). It conforms to the CSA Z-241 Standard for Recreational Vehicles. "PARKING AREA" means the area set aside for the storage and/or parking of Vehicles. Components of Parking Areas include Parking Spaces, loading spaces, aisles, entrances and exits to the Parking Area, and traffic islands where they are part of the Parking Area. A Parking Area may be within a Building. "PARKING LOT" means a Parking Area, which is located on a Lot and not accessory to a particular Use or Development. "PARKING SPACE" means an area set aside for the parking of one (1) Vehicle. 8.0 Definitions County of Vermilion River 479 Land Use Bylaw 19-02 "PATIO" means any developed surface adjacent to a Building on a Site, which is less than 0.6 m (2.0 ft.) above ground level. "PERSON" includes an individual, an association, trustee, corporation, and their heirs, executors, administrators, or other legal representatives of an individual, group of individuals, including a firm, a partnership, or corporate body whether for profit or non-profit. "PREMISES" means all land associated with a single assessment Unit's location. Premises also shall include the Parking Areas and the landscaped areas located outside of the Building or Buildings, which accommodate the primary Uses as defined in the Trespass to Premises Act, RSA. 2000, T-7. "PRIVATE CLUB" means a Development used for the meeting, social or recreational activities of members of a non-profit philanthropic, social service, athletic, business or fraternal organization, with neither on-site Dwellings nor Hotel or Motel Rentable Units. Private Clubs may include Eating and Drinking Establishments and rooms for assembly. "PROPERTY" means any lands, including any Buildings, structures, or Premises, or any personal Property located thereupon within the County boundaries as defined in section 284(1)(r) of the Municipal Government Act; RSA 2000 c. M26, as amended or repealed and replaced from time to time. "PROPERTY LINE" means either a natural object, like a river or lake, or an imaginary line that defines the perimeter of a Lot or Parcel of Land. "PROTECTIVE AND EMERGENCY SERVICES" means a Development where the administration of the protection of Persons and Property from injury, harm, or damage takes place, and where the equipment necessary for such activities is stored, maintained, and supplied. Protective and Emergency Services include police stations, detention centres, fire stations, and accessory training facilities. "PUBLIC EDUCATION FACILITY" means a Development where educational, training, or instruction occurs under the auspices of a School Division or under the auspices of an organization authorized by the Province to provide education similar to that which would be provided by a School Division. Public education facilities include the administration offices, storage, and Maintenance operations of the School Division. Public education facilities include public and separate schools, community colleges, universities, technical and vocational schools, and private academies or "charter schools", and their administrative offices and Maintenance facilities. Public Education Facility does not include Government Services. "PUBLIC OR QUASI-PUBLIC BUILDING" means a Building which is Owned or leased by a department or agency of the federal or provincial government, or the Municipality for purposes of public administration and services and shall also include a Building for the purpose of assembly, instruction, culture or enlightenment, or for community activities. Public or Quasi-Public Building may include Protective and Emergency Services, and major and minor utility service agencies. Public or Quasi-Public Building does not include Government Services. "PUBLIC OR QUASI-PUBLIC USE" means a Use by a department or agency of the federal or provincial government, or the Municipality, for public administration and services and shall also include Uses for the 8.0 Definitions County of Vermilion River 480 Land Use Bylaw 19-02 purpose of assembly, instruction, culture, or enlightenment, or for community related activities. Public or Quasi-Public Use may include Protective and Emergency Services, and major and minor utility services. Public or Quasi-Public Use does not include Government Services. "PUBLIC PARK" means a Development designed or reserved for active or Passive Recreational Use, including all natural and man-made Open Space and Landscaping, facilities, playing fields, and Buildings that are consistent with the general purposes of recreation, whether or not such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements with the public authority Owning the Public Park. Public Parks include tot Lots, band shells, picnic grounds, pedestrian trails and paths, landscaped Buffers, playgrounds, water features, baseball diamonds, football fields, soccer pitches, and similar outdoor sports fields. "PUBLIC PLACE" includes: a place or Building to which the public has or is permitted to have access; a place of public recreation; a place of public gathering; and a Vehicle in a Public Place. "PUBLIC PROPERTY" means any land Owned by or under the control of the County and dedicated to Public Use. "PUBLIC USE" means the Use of land, Buildings, or structures for purposes designated as beneficial to the public. "PUBLIC-SERVING RECREATION AREA" means a Campground, day Use area, picnic Site, lodge, hiking and skiing trail and other Similar Uses as developed by either private or public interests. "PUBLIC UTILITY" means a Public Utility as defined in the Act. "PUBLIC UTILITY BUILDING" means a Building in which the proprietor of a Public Utility, as defined in the Act, maintains its office or offices and/or maintains or stores any equipment used in connection with the Public Utility. R "REASONABLE STATE OF REPAIR" means the condition of being: structurally sound; free from significant damage; 8.0 Definitions County of Vermilion River 481 Land Use Bylaw 19-02 free from rot or other deterioration; safe for its intended Use; and not presenting an unsightly condition or appearance. "RECREATION CAMP" means a Development that contains accommodation facilities and is used wholly or partly for recreational purposes, and without limitation, includes trail riding ranches and Guest Ranches, rural experience camps, survival training camps, fishing and hunting camps, religious camps and camps for disabled Persons. "RECREATION FACILITY, INDOOR" means a Development for sports and active recreation within an enclosed Building. Indoor recreation facilities include such facilities as ice arenas, gymnasiums, curling rinks, swimming pools, and similar, though smaller, facilities. Indoor Recreation Facility may also include meeting rooms, eating, and Drinking Establishments as Accessory Uses. "RECREATION, PASSIVE" means opportunities for low-impact, non-motorized activities that occur in a natural setting that require minimal Development or facilities, and the importance of the environment or setting for the activities is greater than in developed or active recreation settings. "RECREATION SERVICES, INDOOR" means Development whose Main Use is to offer equipment, instruction in, or programs for physical fitness and recreation where the clients participate in the recreation activities and may include the supplementary retail sale of associated products. A restaurant may be incorporated as an Accessory Use. Such Uses may include dance studios, fitness centres, gyms, martial arts clubs, Shooting Ranges, and yoga or cross-fit studios. "RECREATIONAL USE" means a Development conducted on a unified basis on a single Site where the prime reason for location may be to take advantage of natural features. A recreational Use may include the provision of day to day sporting and athletic facilities and the structures incidental thereto such as ski slopes, golf courses, archery, trap and rifle ranges, racetracks, boating, swimming, picnicking, athletic, and Similar Uses, and may include a refreshment stand incidental to the primary Use. However, recreational Use does not include Extensive Recreation, or a Campground, a Recreational Vehicle Park or a Recreation Camp. "RECREATIONAL VEHICLE" means a vehicular type primarily designed to provide temporary Living Quarters for recreational camping or travel Use, which has its Own motor or is mounted or drawn by another Vehicle. Recreational Vehicle includes travel Trailers, camping Trailers, Truck campers, fifth wheels, or Motor Homes and duly licensed travel Trailers, slide-in campers, chassis-mounted campers, boats, personal watercraft, all- terrain Vehicles, snowmobiles, and tent Trailers mounted on any sort of transportation device such as skids or wheels up to a maximum interior space of 75 m2 (807.3 sq. ft.). Recreational Vehicle does not include Manufactured Homes, Park Models, a Garage package, or a Cabin. Any Vehicle larger than 75 m2 (807.3 sq. ft.) in interior space is a Manufactured Home for the purposes of this Bylaw. Recreational Vehicles conform to the CSA Z-240 and CSA Z-241 Standards for Recreational Vehicles and requires issuance of a Use and Occupancy Permit under this Bylaw. 8.0 Definitions County of Vermilion River 482 Land Use Bylaw 19-02 "RECREATIONAL VEHICLE PARK" means a Multi-Lot Development on which three or more Recreational Vehicles are harboured, without regard to whether a fee or charge is paid or made, and shall include any Building, structure, tent, Vehicle or enclosure used or intended for Use as part of the equipment of such Recreational Vehicle Park. A Recreational Vehicle Park may include within it a Campground. "RECREATIONAL VEHICLE CAMPGROUND" means a Multi-Lot Development consisting of Stalls or Sites for the location of more than three (3) Recreational Vehicles, for more than four (4) consecutive days and not normally more than twenty (20) days in a year, and may include Sites for the erection of tents for similar periods. "RECREATIONAL VEHICLE CAMPGROUND, SEASONAL" means a Multi-Lot Development consisting of Stalls or Sites for the location of more than three (3) Recreational Vehicles, for more a minimum of four (4) consecutive days and normally for no longer than an entire season operating between April and October. "RECREATIONAL VEHICLE CAMPGROUND, WORK CAMP" means a Multi-Lot Development consisting of Stalls or Sites for the location of more than three (3) Recreational Vehicles, used to house camp workers by various contracting firms on a temporary basis. The Units may be dismantled and moved from the Site from time to time. "RECREATIONAL VEHICLE STORAGE" means a Multi-Lot Development, which provides Fenced or indoor, secure, on-site storage of more than three (3) Recreational Vehicles, boats and Off-Highway Vehicles. "RECYCLING DEPOT" means a Development where bottles, cans, newspapers, and similar non-hazardous Household goods are bought, sold, and temporarily stored for reuse and where all storage is contained within an enclosed Building or an enclosed compound. "RECYCLING DROP-OFF" means a Development used for the collection and temporary storage of recyclable materials. Recyclable materials include, but are not limited to cardboard, newspapers, plastics, paper, metal, and similar Household goods. Recyclable material left at the drop-off centre shall be periodically removed and taken to larger, permanent recycling operations for final recycling. "REFUSE" includes: all solid and liquid Waste, debris, junk or effluent belonging to or associated with a house or Household or any industry, trade or business; Vehicle parts or accessories; furniture, appliances, machinery or parts thereof; animal excrement; and any unused or unusable material that by reason of its state, condition or excessive accumulation, in the opinion of Designated Officer, appears: to have been discarded or abandoned; or 8.0 Definitions County of Vermilion River 483 Land Use Bylaw 19-02 to be useless or of no particular value; or to be used up or worn out in whole or part. "RELIGIOUS ASSEMBLY" means a Development where worship and related religious, philanthropic, and social activities occur. Accessory Developments include rectories, manses, classrooms, and dormitories. Religious Assembly includes churches, chapels, mosques, temples, synagogues, parish halls, convents, and monasteries. "RENOVATION" means an addition to, deletion from, or change to any Building, which does not require a permit other than a plumbing permit or an electrical permit pursuant to the Safety Codes Act. "RENTABLE UNIT" means a separate Unit of a Hotel or Motel used or intended to be used for the temporary accommodation of one or more Persons. "RESIDENTIAL USE" includes the occupation and Use of land, Buildings, or structures as Dwellings, whether on a seasonal or year-round basis. "RESTRICTED EXTENSIVE RECREATIONAL USE" means hiking trails, cross-country ski trails, minimum facility Campgrounds, picnic grounds, golf courses and driving ranges providing no accessory facilities. "RF TECHNOLOGY" means technology operating in the electromagnetic radiating frequency bands. "ROAD" OR "ROADWAY(S)" means a right-of-way on which motorized Vehicles are normally allowed to operate, or a Road as defined in the Act, but does not include either a Highway or a Lane. "ROAD, ARTERIAL" means an Arterial Road as designated in the County's Municipal Development Plan. "ROAD, COLLECTOR" means a Collector Road as designated in the County's Municipal Development Plan. "ROAD, INTERNAL" means a contributed asset, public Road the primary function of which is to provide access to individual Lots within a multi-Lot Subdivision. "ROOF" means the top of any enclosure, above or within the vertical walls of a Building. "RURAL INDUSTRY" means light and/or medium industry that provides services to Agricultural Operations and natural resource extraction and the oil and gas sector in the Municipality. Notwithstanding the generality of the foregoing, rural industries shall include sawmills, fertilizer plants, sand, gravel, and mineral processing and stockpiling, and other agricultural and resource processing oriented facilities, including business establishments engaged in servicing, repairing or retailing of goods the Use of land and/or Buildings for the purpose of the supply of goods, materials or services directly and primarily to Agricultural Operations and natural resource extraction industries. This also includes, but is not limited to, the sale and storage of seed, fertilizer, chemical products, fuel, and agricultural machinery. 8.0 Definitions County of Vermilion River 484 Land Use Bylaw 19-02 S "SALVAGE YARD" means land or Buildings where motor Vehicles, tires, machinery, and parts are disassembled, repaired, stored, and/or resold. "SAND PIT" means an open-pit mine for the long-term mining extraction of sand. "SCREENING" see "BUFFER". "SEA CAN" means a container, including a sea/land/rail Shipping Container, which is used as an accessory Building and/or Use subordinate to the Main Building or Use on a Lot or Parcel. A Sea Can shall not be used for a Dwelling or any part of a Dwelling; and, notwithstanding any other provision of this Bylaw to the contrary, not attached, in any way, to a Main Building unless an approved Development Permit for Building Conversion has been issued and the relevant permits under the Safety Codes Act have been obtained. Use and/or Occupancy of a Sea Can for Residential Use requires issuance of a Use and Occupancy Permit pursuant to the provisions of this Bylaw. "SEPARATION" means the linear distance between a Development and a Sensitive Land Use, which is adequate to minimize or prevent the Adverse Effects of one Land Use upon the other, so that there is no Significant Impact. "SERVICE STATION" means a Development where gasoline, lubricating oils, and other automotive fluids and accessories for motor Vehicles are bought and sold. Service Stations may also include facilities for the servicing or repairing of motor Vehicles, and a towing service dispatch point, but not including body repair or paint Shops. Service Stations, which do not include any facilities for servicing or repairing of motor Vehicles, are often referred to as gas bars. "SETBACK" means, depending on the context of the term, the minimum horizontal distance between Buildings or a Lot boundary and Buildings. "SHED" means a simple Roofed Building with one or more sides unenclosed, typically made of wood or metal, used as a Farm Building. Shed may include hut, lean-to, outhouse, outbuilding, shack; potting Shed, woodshed, and tool Shed, and garden Shed. "SHIPPING CONTAINER" see "SEA CAN". "SHOOTING RANGE, INDOOR" means a Building designed to be used as a Shooting Range, as defined in the Shooting Clubs and Shooting Ranges Regulations (SOR/98-212), in connection with a business licensed under the Firearms Act (S.C. 1995, c. 39). "SHOOTING RANGE, OUTDOOR" means a specialized facility designed to be used as a Shooting Range, as defined in the Shooting Clubs and Shooting Ranges Regulations (SOR/98-212), in connection with a business licensed under the Firearms Act (S.C. 1995, c. 39). 8.0 Definitions County of Vermilion River 485 Land Use Bylaw 19-02 "SHOP" means a Building designed and built for Light Industrial Use or the storage of Vehicles larger than that allowed in a Garage. "SHOP, RESIDENTIAL USE" means a Development where personal services related to the care and appearance of the body, or the cleaning and repair of personal effects are provided to Persons. Personal Service Shops include barbershops, hairdressers, beauty salons, tailors, dressmakers, shoe repair Shops, dry cleaning establishments, and Laundromats. "SHOW HOME" means a Dwelling Unit which is used temporarily for the purpose of illustrating to the public the type and character of Dwelling Units to be constructed in other parts of the Municipality. Show Homes may contain offices for the sale of other Lots or Dwelling Units in the Municipality and must be located within a Dwelling which is either a Permitted or a Discretionary Use in the District in which they are located. "SIGN" means any visual medium, including its structure and other component parts, used on a permanent or temporary basis to convey information, to advertise, or to attract attention to a product, service, place, activity, Person, institution or business. Without limiting, the generality of the foregoing, Signs shall include banners, placards, and painted messages, but not national flags, interior window displays of merchandise, or Signs painted on or attached to a licensed motor Vehicle. "SIGN AREA" means the total face area of a Sign intended for the letters or graphics of the message. In the case of a double-faced Sign, only half of the area of each Sign face shall be used in calculating Sign Area. "SIGN, A-FRAME" means a type of Sign commonly referred to as "sandwich boards", composed of two hinged or otherwise joined boards, which leans on the ground (see Figure 8, a-b). "SIGN, CANOPY" means a Sign which is part of or attached to the outside edge of a canopy but which does not extend below the bottom edge or surface of the canopy (see Figure 8, a-b). "SIGN, FREESTANDING" means a Sign supported by one or more uprights, braces, or pylons, and stands independently of another structure (see Figure 8, a-b). "SIGN, INFLATABLE" means a Sign made of flexible material or fabric that is made to take on a three- dimensional shape (to blow up like a balloon) when filled with a sufficient volume of air or gas. Commonly used as a Temporary Sign for special events or promotions (see Figure 8, a-b). "SIGN, MULTI-TENANT" means a Freestanding Sign containing Sign Areas for two or more tenants or Occupants located on the same non-residential Site or in the same non-residential Building in a designated single, shared Sign Area. A Multi-Tenant Sign may include changeable Sign Areas (see Figure 8, a-b). "SIGN, OFF-SITE" means a Sign that advertises goods, products, services, or facilities not available on the Site where the Sign is located, and which also may direct Persons to another location (see Figure 8, a-b). "SIGN, PROJECTING" means a Sign affixed to a Building or part thereof and extending beyond the Building by more than 0.3 m (1.0 ft.). This does not include a Sign attached to the ground (see Figure 8, a-b). 8.0 Definitions County of Vermilion River 486 Land Use Bylaw 19-02 "SIGN, ROOF" means a Sign erected upon, against or directly above the Roof of a Building or the top of a parapet wall (see Figure 8, a-b). "SIGN, TEMPORARY/PORTABLE" means a Sign on a standard or column fixed to its Own self-contained base and capable of being moved manually (see Figure 8, a-b). "SIGN, TRAILER" means a Sign affixed to the sides or top of a commercial Trailer for the purposes of advertisement, where the Trailer is parked and disconnected from the Vehicle for longer than seven (7) days in one location (see Figure 8, a-b). "SIGN, UNDER-CANOPY" means a Sign that is attached to the bottom surface or edge of a canopy (see Figure 8, a-b). "SIGN, WALL" means a Sign attached to or placed flat against an exterior vertical surface of a Building, and projects no more than 0.3 m (1.0 ft.) from the surface of the Building, and does not project above the Roof or parapet (see Figure 8, a-b). "SIGNIFICANT DISCRETIONARY USE" means a Use, which, in the opinion of the Development Authority, "SIMILAR USE" means a Use, which, in the opinion of the Development Authority, closely resembles another specified Use with respect to the type of activity, structure and its compatibility with the surrounding environment. "SINGLE-USE DEVELOPMENT" means a Development designed to accommodate only one (1) type of Land Use on the same Site. "SITE" means the land, whether Lot(s) or Parcel(s), where a Development is built. "SITE DEVELOMENT PLAN" refers to a non-statutory document that provides specific direction on how an area is to develop, identifying the specific mix and Density of Land Uses, utility services, as well as layout of streets, blocks, and Lots needed to create a well-designed and successful community, business, commercial, or industrial area. Proponents of Site Development Plans are directed to reference County Policy PD-011 for requirements in submitting a Site Development Plan and are encouraged to schedule a pre-application interview with the County. "SOLAR ARRAY" means multiple solar panels used in conjunction to produce electricity. "SOLAR COLLECTOR, GROUND MOUNT" means a device used to convert energy contained within the sun's rays into electrical (photovoltaic) or heat energy and may be a single Unit or an array of Units into a single collector as a standalone structure mounted on the ground or a tower/pole. "SOLAR COLLECTOR, ROOF MOUNT" means a device used to convert energy contained within the sun's rays into electrical (photovoltaic) or heat energy and may be a single Unit or an array of Units into a single collector mounted on the Roof of a main or accessory Building. 8.0 Definitions County of Vermilion River 487 Land Use Bylaw 19-02 "STALL" means an area of land upon which a Manufactured Home is to be located, and which is reserved for the exclusive use of the residents of that particular Manufactured Home, located within a Manufactured Home community. "STOCKPILE SITE" means an open land area where one or a combination of sand, gravel, soil and rock fragments are stored for off-Site Use. "STORAGE, INDOOR" means a self-contained Building or group of Buildings available for the storage of goods. This Use includes mini-storage or private storage facilities. Indoor Storage does not include "warehouse". "STORAGE, OUTDOOR" means Development where a Site or a portion of a Site is designed for the more or less permanent or continuous storage of goods, materials and/or equipment, or the display and sale of goods and materials, including Vehicles for hire or sale, located outside permanent Buildings or structures and Accessory to the Main Use on the Site. Typical Uses may include temporary materials or garbage or waste, lumber storage and lumberyard, pipe Yards, or Vehicle or heavy equipment storage compounds, but does not include a Salvage Yard or a Parking Lot. Outdoor Storage covering 50% or more of a Site is considered a Main Use. "STORAGE SITE" means a Waste Management Facility where Waste other than hazardous Waste is: stored, stored, compacted, shredded, ground or processed, or collected and held for removal to another Waste Management Facility. "STOREY" means the space between one floor of a multi-Storey Building and the next floor above it. The upper limit of the top Storey shall be the ceiling above the topmost floor. A Basement shall not be considered a Storey. "STRATA SPACE" means a volumetric space, namely a strata Unit or Lot, independent of physical structures and determined by planes or curved surfaces having a defined geodetic elevation divided by Property Lines that are registered in a Strata Space Plan, as defined in the Land Titles Act, RSA 2000, c. L-4. Strata allow Ownership of Lots or Parcels that may be side-by-side or one above the other or overlapping in many different configurations. "STRATA SPACE PLAN" means a type of Subdivision plan and a form of legal Ownership containing Strata Spaces created specifically through Subdivision and registered as a Strata Space Plan in accordance with the Land Titles Act, RSA 2000, c. L-4. "STRUCTURAL ALTERATIONS" means the addition to, deletion from, or change to any Building, which requires a permit other than a plumbing permit or an electrical permit pursuant to the Safety Codes Act. "SUBDIVISION" means a division of land that will result in the creation of a surface Parcel or the rearrangement of the boundaries or limits of a surface Parcel. 8.0 Definitions County of Vermilion River 488 Land Use Bylaw 19-02 "SUBDIVISION AND DEVELOPMENT APPEAL BOARD" means a Subdivision and Development Appeal Board appointed pursuant to County's Subdivision and Development Appeal Board Bylaw and the Act. "SUBDIVISION AUTHORITY" means the Subdivision Authority established pursuant to the Act through the Municipality's Subdivision Authority Bylaw. "SUBORDINATE BUILDING" means a Building, or structure that is incidental and dependent on the Main Building on Site. Subordinate Buildings consist of less than 40% of the net Buildable Area of the Main Building and are located in the same Lot or Parcel as the Main Building they serve. "SUBORDINATE USE" means a Use of a Lot, Parcel, Building, or structure that is incidental and dependent on the Main Use on Site. Subordinate Uses Occupy less than 40% of the net Buildable Area than the Main Use and are located in the same Lot, Parcel, Building, or Structure as the Main Use they serve. "SUITE, CAREGIVER" means a self-contained Dwelling Unit, located within the main Habitable Dwelling Unit for the sole Occupancy of one (1) or two (2) adult Persons whose function is to provide assistance to a Person or Persons residing in the main Dwelling Unit or with challenges resulting from illness, disability or aging . "SUITE, GARAGE" means a self-contained Dwelling Unit located above a detached Garage, which is located in a Rear Yard and is a Subordinate Use to a Single-Detached Dwelling. Garage Suites have an entrance, which is separated from the Vehicle entrance to the detached Garage, either from a common indoor landing or directly from the exterior of the Accessory Building. "SUITE, GARDEN" see "BACKYARD COTTAGE" "SUITE, IN-LAW" see "ACCESSORY LIVING QUARTERS" "SUITE, SECONDARY" means Development consisting of a self-contained Habitable Dwelling Unit located within, and accessory to, a structure in which the Main Use is Single-Detached Dwelling, which may or may not share access to the outside and/or other facilities with the main Dwelling Unit. "SUITE, SURVEILLANCE" means a Dwelling Unit for the sole Occupancy of one (1) or two (2) adult Persons whose function is to provide surveillance for the Maintenance and security of the Development, provided that the Dwelling Unit is specifically used in conjunction with the protection of private Property. T "TEMPORARY DEVELOPMENT" means a Development for which a Development Permit has been issued and which is to exist for a limited time only. "TIE DOWN" means an apparatus used to firmly secure a Manufactured Home to the ground. This apparatus usually consists of steel cables attached to the Manufactured Home and concrete pylons strategically placed on the accommodating Site. 8.0 Definitions County of Vermilion River 489 Land Use Bylaw 19-02 "TRAILER" means a Trailer as defined in the Traffic Safety Act, RSA 2000, as amended or repealed and replaced from time to time. "TRANSPORTATION FACILITIES" means the Use of land or Buildings for public transportation related activities. "TRUCK" means any Vehicle with a gross Vehicle weight of more than 3,000.0 kg (6,613.9 lbs.) as listed on the official registration certificated issued by the government of the Province of Alberta, regardless of the Vehicles' actual weight at the specific time and includes a Truck-Tractor and Tractor-Trailer, and Refrigeration Unit. "TRUCKING AND CARTAGE ESTABLISHMENT" means a Development where goods shipped by Truck are transferred from one Truck to another, or where Trucks are dispatched to pick up and/or deliver goods. Trucking and Cartage Establishments may include dispatch offices or storage compounds for the temporary storage of goods and include moving or cartage firms involving Vehicles with a gross Vehicle weight of more than 3,000.0 kg (6,613.9 lbs.). U "UNDEVELOPED LOT" means a Lot, which does not contain a residence, Building, or structure. "UNIT", other than when referred to as a Dwelling Unit, means the portions of land or a Building designated with a right of exclusive Use within a Condominium or strata Subdivision plan, registered in the name of an Owner on a certificate of title. "UNSERVICED INDUSTRIAL USE" means an Industrial Use dependent on on-site servicing similar to and compatible with the other Uses requiring a relatively large tract of land where any actual or potential Nuisance factor generated by the Use/Development is contained within the boundaries of the Site. "UN-SERVICED INDUSTRIAL PARK" means an area planned for the Development of multiple Lots for Un- serviced Industrial Uses, which may include an Internal public Road. "USE" means the purpose or activity for which a Site, a Parcel of Land, or a Lot and any Buildings or structures located on it are designed, arranged, developed, or intended, or for which it is occupied or maintained. V "VARIANCE" means an alteration, departure, or change from any provision, regulation, or standard prescribed by the Land Use Bylaw or any statutory or non-statutory plan and relevant policy adopted by the County for a specific Lot or Parcel, except Use, without changing the provisions of the Land Use Bylaw, Plan, or Policy or the Land Use designation of the Lot or Parcel. A Variance may only be granted upon 8.0 Definitions County of Vermilion River 490 Land Use Bylaw 19-02 demonstration of a Hardship based on the peculiarity of the Property in relation to other properties in the same Land Use District. Variances cannot be granted to allow a Use that is not already permitted within the Land Use District nor can a Variance be used to provide relief from a self-induced Hardship or be based solely on economic Hardship. "VARIANCE, MAJOR" means a special permission granting relief from one or more regulations or standards of the Land Use Bylaw that, in the opinion of the Development Authority, such relaxation could impede the proposed Development to conform to the general intent and purpose of the Land Use Bylaw or any statutory or non-statutory plan and relevant policy adopted by the County applicable to the location of a proposed Development. A Major Variance is recognized as having potential impact on the larger area and may affect enforcement of the Land Use Bylaw elsewhere in the County, therefore requiring approval from County Council and a public hearing. "VARIANCE, MINOR" means a special permission granting relief from one or more regulations or standards of the Land Use Bylaw that, in the opinion of the Development Authority, such relaxation does not impede the proposed Development to conform to the general intent and purpose of the Land Use Bylaw or any statutory or non-statutory plan and relevant policy adopted by the County applicable to the location of a proposed Development. "VEHICLE" means a device in, on or by which a Person or thing may be transported or drawn on a Highway, pursuant to the Traffic Safety Act, RSA 2000, c T-6, as amended or repealed and replaced from time to time. "VEHICLE REPAIR ESTABLISHMENT" means Development used for the servicing and mechanical repair of automobiles, motorcycles, snowmobiles, Recreational Vehicles, and Trucks, including the sale, installation or servicing of related accessories and parts. This Use class includes transmission Shops, muffler Shops, tire Shops, automotive glass Shops, upholsterer Shops, and body repair and/or paint Shops. "VETERINARY CLINIC" means a Development used for the care and treatment of animals where the service primarily involves in-patient care and major medical procedures involving hospitalization for periods of time. This Use includes animal shelters and animal crematoriums. W "WAREHOUSE SALES ESTABLISHMENT" means a Development used for the storage and distribution of goods, merchandise, substances or articles, and may include facilities for a retail outlet, but shall not include Manufacturing. Warehouse Sales Establishments include furniture stores, carpet stores, major appliance stores, and Building Materials stores. "WAREHOUSE FACILITIES" means a Development for the storage and distribution of raw materials, processed or manufactured goods, and establishments providing servicing for those purposes. "WASTE" means 'Waste' as defined in the Waste Control Regulation. 8.0 Definitions County of Vermilion River 491 Land Use Bylaw 19-02 "WASTE MANGEMENT FACILITY" means 'Waste Management Facility' as defined in the Waste Control Regulation. "WASTEWATER" means 'Wastewater' as defined in the Wastewater and Storm Drainage Regulation. "WASTEWATER TREATMENT FACILITY" means either a 'Wastewater lagoon' or a 'Wastewater treatment plant' as defined in the Wastewater and Storm Drainage Regulation. "WIND ENERGY CONVERSION SYSTEM, TOTAL HEIGHT" means the height from grade to the highest vertical extension of the rotor's arc (see Arc, Rotor) in a Large Wind Energy Conversion System (WECS). "WIND ENERGY CONVERSION SYSTEM, LARGE" means a Wind Energy Conversion System consisting of a wind turbine, tower and associated control or conversion electronics, which has a rated capacity equal to or greater than 300 Kw, whose primary purpose is to generate and provide electrical power for resale. "WIND ENERGY CONVERSION SYSTEM, MICRO" means a small-scale wind turbine, which is small in height and diameter and can be installed on the Roof of a Building or structure. "WIND ENERGY CONVERSION SYSTEM, SMALL" refers to a Wind Energy Conversion System (WECS) consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 300 kW, and which is intended to provide electrical power for Use on Site (either behind the meter or off-grid) and is not intended or used to produce power for resale. "WIND TURBINE TOWER" refers to the guyed or freestanding structure that supports a wind turbine generator above grade. "WIND TURBINE TOWER HEIGHT" means height above grade of the fixed portion of the Wind Turbine Tower, excluding the wind turbine and Blades. "WIRELESS COMMUNICATIONS FACILITY" means a facility providing communication service using RF Technology to transmit and receive voice, picture, text and data, in either digital or analogue form, on a system of elevating support structures. These structures include monopoles, Lattice Towers (self-supported or guyed) or other configurations as well as, although not limited to, shelters, transmitters, receivers, Antennas, Antenna mounts, transmission lines, waveguides, transmission line supporting equipment and material, aeronautical obstruction lights, Antenna de-icing equipment, Antenna power dividers and matching equipment, combiners and utility power equipment, conditioners and backup power systems. "WORK CAMP" means a temporary residential complex used to house workers, usually but not necessarily for a contracting firm or project, on a temporary basis of more than twenty-eight (28) days and less than one (1) year. A Work Camp is usually made up of a number of Buildings, clustered in such fashion as to provide sleeping, eating, recreation, and other basic living facilities. 8.0 Definitions County of Vermilion River 492 Land Use Bylaw 19-02 Y "YARD" means a portion of a Parcel required as Open Space that is to remain unoccupied by any Building, unless otherwise provided for in this Bylaw. "YARD, FRONT " means a Yard extending across the full width of a Lot, from the Front Line to the nearest Exterior Wall of the Main Building situated on the Lot. In the case of a curved Front Line, the Front Yard will also form a curve. "YARD, REAR" means a Yard extending across the full width of a Lot, from the Rear Line of the Lot to the nearest wall of the Main Building situated on the Lot. In the case of a curved Rear Line, the Rear Yard will also form a curve. "YARD, SIDE " means a Yard extending across the length of a Lot, from the nearest wall of the Main Building situated on a Lot to the Side Line, and lying between the Front Yard and Rear Yard on the Lot. 8.0 Definitions County of Vermilion River 493 Land Use Bylaw 19-02 Figure 20. Location of Yards. All other words and expressions have the meanings respectively assigned to them in the Act, Regulation, or in common law. 8.0 Definitions County of Vermilion River 494 Land Use Bylaw 19-02 DEFINITIONS NOT PROVIDED The Development Authority or Development Officer shall Use their discretion in instances where specific Land Uses: Do not conform to the wording of any Land Use; or Generally conform to the wording of two or more Land Uses; DISCRETIONARY PROVISIONS In reference to Section 8.2(1) above, the Development Authority or Development Officer shall Use their discretion when considering Land Uses for inclusion within a Land Use category that is most appropriate in character and purpose. 8.0 Definitions County of Vermilion River 495 Land Use Bylaw 19-02 This Page Intentionally Left Blank ϴ͘ϬĞĨŝŶŝƚŝŽŶƐ ŽƵŶƚLJŽĨsĞƌŵŝůŝŽŶZŝǀĞƌ ϰϵϲ >ĂŶĚhƐĞLJůĂǁϭϵʹϬϮ 3$57 /$1'86(0$36 ŽƵŶƚLJŽĨsĞƌŵŝůŝŽŶZŝǀĞƌ ϰϵϳ >ĂŶĚhƐĞLJůĂǁϭϵͲϬϮ dŚŝƐWĂŐĞ/ŶƚĞŶƚŝŽŶĂůůLJ>ĞĨƚůĂŶŬ ϵ͘Ϭ>ĂŶĚhƐĞDĂƉƐ ϵ͘ϭ>ĂŶĚhƐĞŝƐƚƌŝĐƚDĂƉ 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